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Section 1. General

1. The general conditions stated herein are applicable to all services provided by Roest Singh Advocaten B.V., hereafter called "Roest Singh".
2. All commissions, disregarding articles 7:404, 7:409 and 7:422 section 1 under b of the Dutch Civil Code, are accepted and executed exclusively by Roest Singh.
3. Roest Singh is a private limited company that complies with the conditions that the Netherlands Bar Association (Nederlandse Orde van Advocaten) sets to such companies.
4. These general conditions apply to the company’s associates as well as to those employed by Roest Singh.

Section 2. Advances

1. Roest Singh will commence or resume its activities after you, the prospective client, provide security by means of paying an advance. The amount of the advance will be determined by us as deemed reasonable. This depends on, among other things, costs such as legal charges, bailiff costs, travelling expenses, costs relating to excerpts and translation costs.

Section 3. Fees

1. Unless the parties explicitly agree otherwise or if the nature of the commission so dictates, the fee is determined based on the amount of time spent on the commission and the relevant hourly rate.
2. The applied hourly rate is determined, firstly, by a base hourly rate which Roest Singh will set periodically. This rate is then multiplied by a factor depending on the level of experience and the speciality of the person actually carrying out the commission, as well as the financial interest of the case and degree of urgency involved.
3. Unless Roest Singh and the client explicitly agree otherwise, Roest Singh is authorized to adjust the aforementioned base hourly rate, even during the time of the commission.

Section 4. Payments

1. The term of payment of expense accounts, except in the case of a written agreement to the contrary, is fourteen days from the date of the account. In case of non-payment within the limits of this term, the client is legally in default. Roest Singh is then legally entitled to charge interest, to a rate legally applicable, as well as all costs made to collect the accounts, both at law and in equity.
2. In case of non-payment within the stated term Roest Singh is entitled, after due notification to the client, to suspend its activities on behalf of the client in question until the account is fully settled. Roest Singh takes no liability for any damage that may arise from the suspension of its activities.

Section 5. Liability

1. If during the execution of a client’s commission an incident should occur leading to liability, this liability will be limited to the amount or amounts in which Roest Singh’s professional liability insurance gives claim, including the excess amount Roest Singh bears in this insurance. Incidents as referred to above include cases of negligence. If no payment is made in consideration of the liability insurance, liability will be limited to, at the most, the amount of the account(s) in the relevant case.
2. When involving a third party, Roest Singh will, if this is reasonably possible, consult with you in advance. In any case Roest Singh will exercise due care in selecting third parties. Roest Singh bears no liability for any deficiencies arising from a third party. The client agrees that Roest Singh can on his behalf accept conditions of limited liability by third parties.

Section 6. Disputes

1. Roest Singh has its own internal complaints handling procedure with a complaints protocol which is available on the website (www.roestsingh.nl). On request a copy of the protocol will be forwarded free of charge.
2. The Complaints- and Dispute protocol for the Legal Profession applies to all the service of Roest Singh.

Section 7. Applicable law and Jurisdiction

1. The legal relationship between Roest Singh and each of its clients shall be governed by Dutch law. Any dispute whitch may arise between Roest Singh and a client shall be submitted to the exclusive jurisdiction of the competent court in Haarlem, the Netherlands.

Note:
These Terms & Conditions have been drafted in the Dutch and English language. In the event of a conflict or inconsistency of the Dutch or English version of the Terms & Conditions, the Dutch version of the Terms & Conditions shall prevail.