Omega Terms and Conditions

Introduction

This agreement is subject to the general terms and conditions below of the private company OMEGA B.V. This company works together with other practice companies under the trade name Sørensen Advocaten. These terms and conditions include a limitation of liability to the amount to which Omega B.V.’s professional liability insurance gives entitlement in the case in question.

OMEGA B.V. is the company from which mr. H.A.A. Voermans carries out his work as a lawyer, hereinafter referred to as the Company.

The agreement

An assignment is concluded with the Company as such. This also applies if it is the client’s express or implied intention that the assignment be carried out by a specific person. The operation of Article 7:404 of the Dutch Civil Code and Article 7:407 paragraph 2 of the Dutch Civil Code is excluded. As a result, a lawyer carrying out the assignment cannot be held personally liable in tort either, insofar as the alleged fault concerns the diligence of a reasonably competent professional.

Liability

Any (non-)contractual liability of the Company, its partners (including its directors) and its employees is limited to the amount paid out under the (professional) liability insurance, including the excess. The insurance meets the requirements of the Netherlands Bar Association. A copy of the policy will be sent on request.

The assignment is carried out solely for the benefit of the client. Third parties may not derive any rights from the content of the work performed.

Obligations of the client

If the client allows a third party to become aware of the content of the work carried out, the client must inform that third party that these general terms and conditions are also accepted by them.

The client indemnifies the Company against claims by third parties who claim to have suffered damage as a result of work carried out for the client.

Invoices must be paid within 15 days of the invoice date, without suspension or set-off. Recovery costs are calculated in accordance with the Voor-Werk II report. In the event of late payment, interest of 1% per month is due, and the Company may suspend the assignment until payment in full.

Engaging third parties

Third parties are chosen, where possible, in consultation with the client. The Company is not liable for shortcomings of such a third party, except in the case of intent or gross negligence.

If third parties wish to limit their liability, the Company assumes that the client’s instructions include the authority to accept that limitation on the client’s behalf.

Fees and changes

The Company has the right to change its basic hourly rate and mileage or travel-cost allowance. If an increase exceeds 10%, or occurs within three months of the assignment being agreed, the client has the right to terminate the agreement. This right to terminate lapses on the 15th day after the first invoice following the increase.

Final provisions and complaints

These general terms and conditions are also stipulated for the benefit of the Company’s partners, directors and employees.

Dutch law applies to all agreements. Disputes are settled by the competent court in the district where the Company is also established; the Company may also bring proceedings before the court of the client’s place of residence.

These terms and conditions are drawn up in Dutch and English; in the event of a difference, the Dutch text is binding.

Disputes about services or invoices are covered by the complaints procedure of Sørensen Advocaten – ask your lawyer or our office for details.

When do you need a lawyer?

If you are unsure whether Omega B.V. is the right company for your assignment.

Our approach

Clear terms per company; we confirm this in your engagement confirmation.