General terms and conditions

Version 2025

1. Assignment Agreement
1.1 These terms and conditions apply to all activities and services (hereinafter: the “Services”) performed by Legista Advocatuur B.V. (hereinafter: “Legista Legal”) for a client. These general terms and conditions also apply to all activities and services performed by external service providers engaged by Legista Legal for clients of Legista Legal.
1.2 The agreement on the basis of which Legista Legal performs the Services (hereinafter: the “Agreement”) is an assignment agreement (Dutch: overeenkomst van opdracht) within the meaning of Article 7:400 of the Dutch Civil Code. These “General Terms & Conditions Legista Legal” (hereinafter: the “general terms and conditions”) form an integral and inseparable part of the Agreement. The applicability of the client’s general (procurement) terms and conditions and of Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code is expressly excluded.
1.3 Legista Legal is entitled to unilaterally amend these terms and conditions. Legista Legal shall inform the client in writing in advance of any amendment.

2. Obligations of Legista Legal
2.1 Legista Legal shall perform the Services with with due care and skill, but does not guarantee any particular result. Legista Legal shall keep the client regularly informed of the progress and results of the Services and the related costs.
2.2 Legista Legal is entitled to subcontract the Services to a third party if and insofar as Legista Legal deems necessary. Legista Legal is not liable for any loss or damage caused by (failures of) third parties and is entitled, without prior consent of the client, also on behalf of the client, to accept a limitation of liability imposed by such third party.

3. Fees
3.1 The fee payable for the performance of the Agreement by Legista Legal is based on the standard hourly rate applied by Legista Legal at the time the Services are carried out, unless otherwise expressly agreed in writing between the parties. Legista Legal’s hourly rate is indexed annually based on the Consumer Price Index, as established by Dutch Statistics (Dutch: CBS) for the previous year. The fee, charged by Legista Legal shall be calculated by multiplying the number of hours spent on the Services by the applicable hourly rate, increased with VAT where applicable. Any travel time spent in connection with the Services shall be charged at 50%.
3.2 Expenses incurred by Legista Legal for the purpose of the Services (such as court registry fees or costs of third parties, including but not limited to bailiffs and experts) shall be charged separately by Legista Legal and may be passed on to the client.

4. Payment
4.1 The client shall pay the invoices issued by Legista Legal within fourteen (14) days from the invoice date.
4.2 The client waives any right to suspend payment of any amount invoiced by Legista Legal.
4.3 If the client fails to pay any amount invoiced by Legista Legal within the period stated in Article 4.1:
i. the client shall be in default without further notice of default, in respect of the obligation to pay that amount, increased with (extrajudicial) collection costs and interest as referred to in Article 6:119a of the Dutch Civil Code (statutory commercial interest); and
ii. Legista Legal shall be entitled, in accordance with Rule of Conduct (Dutch: Gedragsregel 4) paragraph 3 (advice), to suspend the performance of the Services until the outstanding amount has been paid in full.

5. Liability
5.1 Any and all liability of Legista Legal and of all entities and individuals performing work for Legista Legal, including but not limited to the lawyers referred to in Article 1 of these general terms and conditions, is limited to the amount paid out in the relevant case under Legista Legal’s professional liability insurance, plus the amount of any deductible applicable under the insurance policy.
5.2 All claims and rights against Legista Legal, regardless of their legal basis, shall lapse after one (1) year from the moment the claimant became aware or could reasonably have become aware of the facts giving rise to the claim/right.
5.3 Without prejudice to Article 5.1, if, in a specific case, no cover is provided under the insurance referred to in Article 5.1, the liability of Legista Legal and of all entities and individuals performing work for Legista Legal, including but not limited to the lawyers referred to in Article 1 of these general terms and conditions, is, per event or series of related events and per year, limited to the amount of the fees charged by Legista Legal to the client in connection with the Services that gave rise to the liability, subject to a maximum of EUR 15,000.00 (fifteen thousand euros).
5.4 The client shall indemnify Legista Legal and hold Legista Legal harmless against all third-party claims relating to the Services.
5.5 Irrespective of anything stated in this Agreement or elsewhere, Legista Legal shall never be liable for (i) damage resulting from the client providing incorrect or incomplete information and/or (ii) indirect or consequential loss, including loss of turnover or profit and damage resulting from penalties imposed by third parties.

6. Complaints Procedure
Legista Legal applies a complaints procedure that is applicable to all agreements with clients and that is published on https://legistalegal.nl.

7. Personal Data
In the performance of the Services, Legista Legal processes personal data. Information regarding these processing activities is set forth in the ‘Privacy Statement Legista Legal’, published on https://legistalegal.nl.

8. Governing Law and Disputes
8.1 The Agreement and all agreements arising therefrom are governed exclusively by Dutch law.
8.2 The District Court of Midden-Nederland, location Utrecht, shall have exclusive jurisdiction to settle any disputes arising between Legista Legal and the client.