General terms and conditions
1. Applicability
1.1. Law firm Immigratia (hereinafter: Immigratia) is a sole proprietorship focused on the practice of the legal profession as an (immigration law) attorney. Immigratia is established in Rotterdam and is registered with the Chamber of Commerce under number 98110195.
1.2. These general terms and conditions describe the conditions under which Immigratia performs its activities as a law firm and apply to all assignments given to and accepted by Immigratia. Assignments also include all follow-up, amended, or additional assignments.
1.3. These general terms and conditions also apply to activities performed by other persons involved in the execution of the assignment and/or on whom any liability may rest in connection therewith.
1.4. Immigratia is entitled to amend these general terms and conditions.
2. Agreement
2.1. An agreement between Immigratia and the client is formed at the moment Immigratia has accepted the client’s assignment.
2.2. The agreement consists of an assignment confirmation, these general terms and conditions, and any other agreements made in writing. “In writing” means: on paper or by email.
2.3. The agreement ends upon completion of the assignment. Each party is entitled to terminate the agreement earlier. In that case, the client is obliged to pay for the work performed up to that point.
3. Performance of the assignment
3.1. The agreement concerns an obligation of effort, not an obligation of result.
3.2. In performing the assignment, Immigratia will be guided solely by your interests, taking into account the applicable laws and regulations, including the rules of conduct for attorneys, regulations, and guidelines of the Netherlands Bar Association. Immigratia will act in a manner expected of a reasonably competent and reasonably acting attorney.
Invoice
3.3. Invoicing of the work performed takes place at the end of the agreement. Immigratia is free to request an advance payment from the client, which will be settled after completion of the assignment.
3.4. Contrary to clause 3.1, it may be agreed that the assignment is carried out for a fixed fee. In that case, part of the amount or the entire amount will be invoiced prior to the commencement of the assignment.
3.5. In the case of a fixed fee for a residence application, the following applies in the event of premature termination:
- 20% of the amount: cancelled before preparation of the application
- 65% of the amount: application prepared but not yet submitted
- 85% of the amount: application already submitted
3.6. The payment term is 14 days after the invoice date. If the client does not pay within this term, Immigratia will send one reminder with a new payment term of 14 days to settle the invoice.
3.7. If payment is still not made after the reminder, the client will be in default and Immigratia will be entitled to compensation of (extra)judicial collection costs, with a minimum amount of €50, in accordance with applicable statutory standards, plus statutory interest.
3.8. Immigratia reserves the right to suspend its activities as long as the payment obligation has not been met. The client will be informed accordingly.
3.9. Immigratia does not have a third-party funds foundation and is therefore unable to receive third-party funds.
4. Liability
4.1. If an event unexpectedly occurs during the execution of an assignment that leads to liability, such liability will be limited to the amount covered by the professional liability insurance taken out, increased by the deductible under that insurance. If and insofar as the professional liability insurance does not provide coverage for any reason, all liability in each case will be limited to a maximum of the fees charged in the relevant matter.
4.2. Immigratia is not liable for indirect damage, including but not limited to consequential damage, non-material damage, financial loss, and personal injury.
4.3. In performing the assignment, Immigratia may engage third parties to carry out activities related to the assignment. Immigratia will consult with the client as much as possible before engaging third parties. However, Immigratia is not liable for any errors made by such third parties and is authorised by the client to accept any limitations of liability of third parties on behalf of the client.
4.4. Any claim will lapse if the client has not notified Immigratia in writing of its existence within 12 months after the claim arose. This period commences at the moment the client was aware or should reasonably have been aware of the event or circumstance that may give rise to liability.
5. Electronic communication and PDF tools
5.1. The client agrees that Immigratia may use unsecured electronic communication, such as email, fax, and telephone, in the execution of the assignment.
5.2. The client also agrees that Immigratia uses PDF tools offered by third parties or otherwise, including PDF Merger, PDF Splitter, and JPG to PDF Converter. Immigratia is not liable for damage resulting from the use of such services, for example if third parties gain access to the content or data or make it public.
6. Archiving
6.1. After closure of the case, the file will be retained in the archive for five years. Thereafter, it may be destroyed. The client will not be notified of this.
7. Complaints procedure
If you have a complaint, I refer you to the office complaints procedure, which is published on the website.
8. Substitution
8.1. In the event of prolonged absence of Immigratia, the practice will be taken over by Ms. mr. A. Simicevic, attorney at law in Rotterdam.
9. Applicable law
9.1. Dutch law exclusively applies to all assignments and agreements arising therefrom between Immigratia and the client.
9.2. If a dispute arises between Immigratia and the client and the parties cannot reach a mutual solution, the dispute must be submitted to the Dutch court, unless it falls within the scope of disciplinary law as referred to in the Dutch Lawyers Act.
10. Other
10.1. These general terms and conditions are drawn up in Dutch and English. In the event of any discrepancy between the content or interpretation of both versions, the Dutch text shall be binding.