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These General Terms and Conditions apply to all services performed or to be performed by or on behalf of LYND Advocaten B.V.
(LYND, “we” or “us”), including any follow-up instructions, additional instructions, and all other legal relationships between LYND
and its clients, regardless of their name or nature. Any deviations from these General Terms and Conditions shall only be binding
if expressly agreed in writing. General terms and conditions of clients or third parties are expressly rejected. -
Individual partners, employees, members of staff, contractors of and persons associated with LYND or involved in any manner in
the services provided by or on behalf of LYND, may not be held liable and, if necessary, can invoke these General Terms and
Conditions. -
All client engagements are accepted and carried out exclusively by LYND, even if it is the client’s express or implied intention that
the engagement be performed by a specific individual. Articles 7:404 and 7:407(2) of the Dutch Civil Code (Burgerlijk Wetboek) do
not apply. -
Unless agreed otherwise, fees are calculated on the basis of hours worked multiplied by hourly rates determined annually by LYND.
Expenses incurred by LYND (such as travel costs, courier charges, costs of (certified) translations, matter specific AI-tooling, data-
room charges and fees of any third-party specialists) will be for the client’s account. Fees and expenses owed by the client will be
increased by the applicable turnover tax (VAT) as required by law, unless the client is established in another European Union
member state and has provided us with a valid VAT number, or is established outside the European Union. -
Invoices are issued monthly and the client shall pay all invoices within fourteen (14) days of the invoice date. Late payment entitles
LYND to charge statutory interest as from the fifteenth (15th) day after the invoice date, as well as reasonable collection costs.
Suspension, deduction or set-off by the client of its payment obligations vis-à-vis LYND is excluded. -
Under Dutch legislation implementing Council Directive (EU) 2018/822, LYND is required to provide information on reportable
cross-border arrangements to the tax authorities in certain circumstances. -
If the performance of an engagement results in any liability on the part of LYND, such liability shall be limited to the amount paid
out under LYND’s applicable professional liability insurance policy in the matter concerned increased with the amount of any
deductible which must be borne by LYND under the applicable insurance policy in the matter concerned. Our professional liability
insurance currently provides for a maximum insured amount of EUR 5 million per claim subject to a maximum of EUR 10 million on
an aggregated basis per year. -
If, for any reason, no insurance payment is made in the matter concerned, LYND’s total liability shall be limited to the fees (excluding
VAT) invoiced by LYND on the relevant matter during the calendar year in which the event giving rise to liability occurred, up to a
maximum amount of EUR 50,000. -
Without prejudice to Article 6:89 of the Dutch Civil Code, the right of the client to compensation for damages shall in any case
terminate twelve (12) months after the occurrence of the event that caused, whether directly or indirectly, the damages for which
LYND is liable. -
LYND may engage third parties, including third-party lawyers, consultants, legal experts, foreign counsel, bailiffs, experts,
data-room providers, translators, and other service providers, in connection with the performance of client engagements in its
own name or, as an authorized representative, in the client’s name. -
LYND is not liable for any acts or omissions of such third parties, nor for their insolvency, including the insolvency of any financial
institution. LYND is authorized to accept on the client’s behalf any limitations of liability or other contractual terms that such third
parties may stipulate, to the extent such terms are customary for the relevant services. Where appropriate, external specialists will
invoice you directly. -
LYND maintains an internal complaints procedure (klachtenregeling) that applies to all client engagements. This complaints
procedure is available on LYND’s website and will be provided to clients upon request. Client personal data will be processed in
accordance with the General Data Protection Regulation (the GDPR) and our Privacy Statement. The client warrants that all
personal data provided to LYND has been lawfully collected and transferred, and indemnifies LYND for any breach arising from
unlawful data provision. The client agrees that LYND may transfer such data to third parties, including outside the European
Economic Area, where required for the provision of services, provided that such data transfer complies with GDPR requirements.
After becoming aware of a personal data breach in connection with personal data during the engagement, the client and LYND
shall inform each other without undue delay. -
After public announcement of a transaction or matter, LYND may communicate the fact of its involvement, including use of the
client’s name and logo, in any form of media, provided no confidential information is disclosed. By engaging LYND, the client accepts
that LYND may name the client and may include a short, general description of our services to the client in our submissions for
inclusion in any league tables (e.g. Chambers, Legal500, IFLR1000). LYND is also entitled to include your company logo in future
pitch documents. -
The legal relationship between LYND and its clients, including non-contractual rights and obligations arising from or in connection
with such legal relationship, is governed by Dutch law. Any disputes shall be submitted exclusively to the competent court in
Amsterdam, without prejudice to LYND’s right to initiate proceedings in the client’s jurisdiction if deemed appropriate. -
These General Terms and Conditions are available in English and Dutch. In case of discrepancy, the Dutch version prevails. These
general terms and conditions have been filed with the Trade Register of the Dutch Chamber of Commerce and are also available
on our website www.lynd.nl.