Terms of Service Ventoux Advocaten B.V.
1. Ventoux Advocaten B.V. ('Ventoux') is a limited liability company whose purpose it is to conduct the practice of attorneys-at-law in the broadest sense of the word.
2. These Terms of Service apply to any and all work performed by Ventoux or instructions, including any follow-up instructions, that are given to Ventoux, its directors or employees. The applicability of any other general terms and conditions is expressly excluded. These Terms of Service are also agreed for the benefit of any third parties that may be engaged by Ventoux in connection with the rendering of services and can be invoked by such third parties.
3. All instructions are given to Ventoux as a firm, even if it is the express or implied intent that a specific person will be in charge of a specific matter. The applicability of article 7:404 of the Dutch Civil Code, which addresses the situation referred to in the last sentence, and article 7:407 of the Dutch Civil Code, which imposes a joint and several liability when an instruction is given to two or more persons, is expressly excluded.
4. Any liability of Ventoux is limited to the amount paid out under the professional liability insurance in the specific matter, increased with any applicable deductible pursuant to this professional liability insurance. If and to the extent that for whatever reason no amount is paid out under the Ventoux- professional liability insurance, Ventoux's liability is limited to the amount of fees charged for the professional services rendered in the specific matter with a maximum of 10,000 Euro.
5. If damage is caused to any persons or objects for which Ventoux is liable, such liability is limited to the amount that will be paid out under Ventoux?s general liability insurance, increased with any applicable deductible.
6. Ventoux will exercise due care in selecting third parties and it will consult with the client when selecting such third parties to the extent that such is reasonably possible. Any liability of Ventoux for any failures of such third parties is expressly excluded. Ventoux is deemed to be fully authorised by the client to accept on behalf of the client any possible limitation of liability as may be applied by such third parties.
7. Payment of invoices has to take place within the period set forth in the invoice. If no payment is received within that period the client will be in default without any further notice being required and legal interest as applicable under Dutch law will accrue.
8. The relationship between Ventoux and its clients is exclusively governed by Dutch law. Any dispute will be submitted to the competent court in Utrecht, The Netherlands.
9. These Terms of Service have been registered with the Chamber of Commerce at Utrecht and are available at www.ventouxlaw.com. A copy will be sent upon request.
10. Ventoux has a registered office in Utrecht and is registered with the commercial register of the Chamber of Commerce at Utrecht under number 30198624.
November 2004
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