OMEGA TERMS AND CONDITIONS

The following terms and conditions of the private company OMEGA B.V. apply to this agreement. This company cooperates with other practice companies under the name Sørensen Advocaten. These conditions are part of a limitation of liability to the amount to which Omega B.V.’s professional liability insurance, if any, claims a benefit.

Article 1 OMEGA B.V.
1.1. 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.

Article 2: THE AGREEMENT
2.1. An assignment is concluded with the Company as such. This also applies if it is the express or tacit intention of the client that the assignment will be carried out by a particular person. The operation of Article 7:404 BW, which provides for the latter case a scheme and the operation of Article 7:407(2) of THE BW, which establishes a roll-call liability for cases in which two or more persons have been instructed, is excluded.

Article 3: LIABILITY
3.1. Any (non-)contractual liability of the Company or its associates (including its directors) and its employees shall be limited to the amount paid under the Company’s (professional) liability insurance in the case in question, including the amount of the excess. The content and conditions of this professional liability insurance exceed the requirements of the Dutch Bar Association. On request, an extract of the current professional liability policy will be sent to you.
3.2. The execution of the contract is carried out solely for the benefit of the client. Third parties cannot derive any rights from the content of the work carried out.

Article 4: OBLIGATIONS OF THE CLIENT
4.1. If the client is informed of one third of the content of the work carried out by the Company on his behalf, the client must inform the third party and ensure that these terms and conditions are also accepted by that third party.
4.2. The client shall safeguard the Company against claims by third parties, which claim to have suffered damages as a result of or related to work carried out by the Company on behalf of the client.
4.3. Payment of the Company’s declarations must be made, without suspension or settlement, within 15 days of the date of invoice. All (out)judicial costs related to the recovery of declarations and which will be calculated in accordance with the Report For Work II will be borne by the client. The legal costs are not limited to the legal costs to be liquidated but will be entirely at the expense of the client if it is (to a large extent) unsuccessful. In the case of non-timely payment of the factu(u)r(s) (and/or advance note), the client is also liable from the expiry date to the date of the overall payment of the invoice an immediate interest of 1 % (one percent) per month and the Company is entitled to suspend the execution of the contract until the payment obligations are fully fulfilled.

Article 5: THE INVOLVEMENT OF THIRD PARTIES
5.1. The choice of the third party to be engaged by the Company will be made, where possible and reasonably appropriate, in consultation with the client and with due care. The Company shall not be liable for any deficiencies of this third party, except for the Company’s intent or gross negligence.
5.2. If these third parties wish to limit their liability in connection with the execution of a contract of the client, the Company assumes and confirms to them if necessary that all the orders given to it by the client have the power to accept such a limitation of liability on behalf of the client.

Article 6: TARIFFS
6.1. The Company has the right to change the basic hourly rate it charges and the travel allowance it charges for travel by car or train. If the change implies an increase of more than 10%, or if an increase occurs within three months of the conclusion of the contract between the Company on the one hand and the client on the other, the client has the right to terminate the contract. The right to dissolution expires on the 15th day after the invoice date of the first declaration, which has been sent to the client after the increase in the basic hourly rate and/or the aforementioned travel expense.

Article 7: MISCELLANEOUS TOPICS
7.1. These terms and conditions have been negotiated for the benefit of the partners of the company referred to above, the directors of the private professional companies and persons employed by the Company.
7.2. All agreements between the client and the Company are under Dutch law.
7.3. Disputes will only be settled by the competent court in the District where the Company is co-established. The Company has the right to also aded the competent judge of the principal’s place of residence.
7.4. These terms and conditions are set in the Dutch and English languages; the Dutch text is binding on any difference in content or scope.

Complaints
AND DISPUTE SETTLEMENT

Disputes that have arisen or arise over (the quality of) our service or the level of our declaration(s) are subject to the following internal complaints and dispute settlement:

1. The Legal Profession dispute settlement does not apply to our services. Only our internal complaints and dispute settlement is applied.
2. Complaints about the quality of the service and/or the amount of the declaration may be submitted to the Company. Within the Company, a member of the Company – hereinafter referred to as the ‘complaints officer’ – is responsible for handling complaints.
3. Complaints shall be submitted in writing and with reasons to the complaints officer within three months of the time when the complainant became aware or could reasonably have taken note of the action or omission that gave rise to the complaint.
4. The complaints officer shall immediately consider the complaint and confirm that in writing within 14 days of the date on which the complaint was received. If necessary, the complaints officer shall request further (written or oral) information or further explanation.
5. Immediately after the complaint and/or the further explanation has reached him, the complaints officer shall contact the investigating lawyer and request a response to the complaint. If the complaints officer himself has dealt with the matter, he will immediately hand over the handling of the complaint to another member of the Company.
6. If appropriate, the complaints officer shall initiate a discussion at the premises of the Company in which the complainant and the treating lawyer are given the opportunity to be adversarial.
7. The complaints officer shall take a decision on the complaint, whether adversarial or not, which will be as far as possible aimed at removing the (causes of) the complaint. To that end, in those cases which lend itself to this, it shall submit a written proposal to the complainant and shall give him the opportunity to respond in writing.
8. The Company’s aim is always to complete the handling of a complaint with the utmost diligence and diligence. If such a complaint cannot be nullified by such a settlement, the complainant is free to follow the normal remedies. The terms and conditions below are also applicable to these complaints and disputes.