1.1 Rechta Law firm (Rechta Advocatuur B.V.), hereafter “Rechta” is a Limited Liability Company, incorporated
under the law of the Netherlands, with its statutory and legal seat in Amsterdam, registered at the Chamber of
Commerce in Amsterdam. The Company aims to execute the law practice.
1.2 These general conditions apply to all assignments and additional following assignments given to Rechta, as
well as all legal matters (including but not limited to litigation, consultancy, advisory services, tenders,
agreements and all precontractual situations) arising from or related to it (hereafter: ‘’Services’’)
1.3 These general conditions are also stipulated for the administrator(s) of Rechta, all those, whether or not
under employment, who work or worked for Rechta and all the legal-, and third parties who directly or
indirectly had any involvement in the services provided by Rechta.
2.1 All Services are considered to be given to and accepted by Rechta. Rechta reserves the right to refuse
orders without giving any reason and also to nullify the contract with immediate effect once it is considered
appropriate. All offers of Rechta are without engagement and shall not be binding before a written
confirmation on behalf of Rechta or after Rechta has started to execute the assignment.
2.2 With respect to the activities for which in reference to nature and size, no confirmation is sent, the invoice
may also apply as confirmation, which is considered to represent the agreement completely and correctly.
Assignments can be entered both orally as in writing, which way of confirmation applies also when it is the
explicit or tacit intent that the assignment is executed by a particular person. The articles 7:404 and 7:404 sub 2
of the Dutch Civil Code are explicitly not applicable on services rendered by or on behalf of Rechta.
2.3 The Principal indemnifies Rechta against claims by third parties, including reasonable attorneys’ fees, which
are in any way related to the work for the Principal, unless such claims are the result of a gross negligence or
2.4 The Principal grants permission to Rechta to use all means of communication, especially using internet, email,
e-fax, skype, the web based Management System “Basenet” and also to litigate via the digital system of
the Dutch courts. The web based Document Management System is ISO certified (under number 27001).
- HONORARIUM AND COSTS THIRD PARTIES
3.1 The costs of the execution of the assignment by Rechta encompass the honorarium and the costs of third
parties. All costs, honoraria and fees are excluding Dutch VAT.
3.2 Unless otherwise explicitly agreed, the honorarium is determined by the time spent and the hourly rate for
the concerning assignment. This rule is also applicable in case the Principal applied for the partly financial
compensation of the invoice at the Dutch Legal Aid Board in case the Dutch Legal Aid Board denied the
compensation. The services rendered by Rechta will be invoiced in timeslots of 6 minutes.
3.3 The hourly rate is determined outgoing of the basic hour rate, this to be periodically determined by Rechta,
which rate is multiplied with a factor depending on the experience and the specialization of the person actually
performing the assignment, the financial interest and the degree of urgency involved in the assignment.
3.4 Unless explicitly otherwise expressed, Rechta is entitled to change the aforementioned basic hourly rate
unilaterally, even during the execution of the assignment.
3.5 If the basic hourly rate will raise more than 10% at once, or within three months after commencement of
the assignment, the Principal can terminate the assignment contract. The yet uninvoiced, but already spent
hours on the assignment at that moment, will be charged at the unraised rate. The right to abrogation due to
an increase in rates lapses after the expiry of the payment of the first declaration after the increase of the
3.6 Costs of third parties are the actual costs Rechta pays on behalf of the Principal (such as, but not limited to,
court fees, bailiff fees, travel expenses costs of extracts). Office costs are included in the hourly rate, beside
when these costs exceed the average office costs.
3.7 In case Rechta has not invoiced office costs and during the execution of the assignment becomes clear that
more than the average amount of time has to be spent to print, order, bind and sent to the court and other
parties involved, Rechta reserves the right to invoice these costs to Principal after notification of the Principal
of these costs. In case a courier has to be hired in case of emergency, these costs will be invoiced to the
Principal after notification of the Principal of these costs.
4.1 The activities and costs of third parties are invoiced monthly, afterwards beside the conditions as
mentioned under paragraph 5 of the present general conditions.
4.2 The payment term is 14 days, with the exceptions as mentioned under 5.1 and 5.2 of the present general
4.3 In case an invoice is not paid within the payment term, the legal interest is immediately due without
4.4 If the invoice is still not paid after one reminder, all the (extra) judicial collection costs are due. These costs
are at least 15% of the invoice with a minimum of € 50,-. If the payment has not been done even after two
reminders, the file will be transferred to the bailiff. In that case all the extra costs will be for Principal. In that
case eventually provided discounts on the invoice automatically will be null and void. Then also the on the
invoice mentioned amount of discount has to be paid.
4.5 In case an invoice or pre-payment is not paid within the payment period, Rechta reserves the right to
suspend its activities, after having notified the Principal. Rechta is not liable for damage caused by this
suspension of services because Rechta always informs Principal in time about the default of Principal.
- ADVANCE PAYMENT
5.1 Rechta reserves the right to ask a by her determined pre-payment from the Principal previous to start the
assigned activities. In case Rechta asks for a pre-payment, Rechta shall notify in advance Principal about the
amount to be invoiced. In case the pre-payment has not been received in time at the bank account of Rechta,
Rechta reserves the right to suspend its activities and to invoice the work already completed in its usual way.
5.2 Rechta reserves the right to invoice the costs of third parties (such as the court fee) before starting the
services for Principal. Rechta will start to work for Principal only after receipt of the payment. Invoicing the
costs of third parties will only take place after notification. In case the payment of the invoice does not take
place in time, Rechta reserves the right not to start to render services for Principal.
6.1 Rechta is insured against professional liability at the prescribed way by the Dutch Bar of Attorneys at Law.
6.2 Any liability is limited to the sum that is paid under the applicable insurance in the concerned case, plus the
sum of excess that is under the insurance contract on behalf of Rechta in the concerned case. If for any reason,
no payment is made under said insurance, any liability is limited to the by the charged honorarium associated
with the concerned assignment by Rechta. In case the insurance company does not pay, all liability is limited to
the total invoiced by Rechta to the Principal amount, with a maximum of EUR 10.000,- .
6.3 If the execution of the contract implies that Rechta has to make use of an attorney, notary, (tax) lawyer,
legal expert, accountant or third person (hereafter: ‘’Third Party’’) who is not part of Rechta to accomplish
activities related to the fulfilment of an assignment, Rechta is not liable for errors made by the third party.
6.4 A Third Party (physical person or legal entity) who is engaged in connection to the execution of the
assignment as mentioned under 6.3 possibly wants to limit his or her liability. That limitation of liability applies
on the assignments with respect to the execution of the assignment as well.
6.5 If, in connection with the execution of the assignment or otherwise, damage is served to property or
persons for which Rechta is liable, that liability is limited to the amount that is paid under the applicable
insurance agreement in the concerned case, plus the sum of excess that is for the account of Rechta under that
insurance agreement in the concerning case. Rechta in any case excludes all liability for material and
immaterial damage, indirect damage and loss to property.
6.6 The Principal indemnifies Rechta against claims by third parties who state to have suffered damage by an
(in)correct report to the FIU on the basis of the Dutch Law for the prevention of Money laundering and
Terrorist financing (Wwft) made by a legal entity or Third Party who is not a an employee or affiliated to Rechta
except for cases of purposefully misconduct or gross negligence on the part of Rechta.
6.7 All claims and all powers of whatever respect across to Rechta, arising from one of the activities
accomplished by Rechta, expires in any case if within one year after the date of which the person (Principal or a
third party) knew or could reasonably have known of the existence of that rights and powers, that pretention
has not been made pending at the competent court.
7.1 The file of the Principal will be saved for ten years after its closure, after which it is destroyed. The closure
moment is considered to be the moment the case becomes to an end. The period of ten years applies to paper
and digital files.
7.2 Rechta is not liable for theft, loss, or (in any way) destruction of (part of) the file, or the possible resulting
loss to property.
8.1 Rechta makes use of an internal complaints procedure. If Principal intents to complain, Principal is
recommended to ask for the internal complaint regulations of Rechta.
8.2 In any case, a complaint will be send back and not be taken into account of in case an invoice of Rechta or
an invoice for costs of third parties is not partly or fully not paid. This article is not applicable if the complaint
concerns only the amount of the hours invoiced. If that is the case the complaint will be taken into account
only with respect to discuss the amount of hours invoiced. The complaint has then to be send to Rechta within
one month after the date on the invoice.
- APPLICABLE LAW/ COMPETENT COURT
9.1 On the Legal relationship between Rechta and its Principal is applicable Dutch Law.
9.2 The Dutch Court(s) has exclusive jurisdiction to take note from any dispute between Rechta and its
Principal. Any dispute will be submitted to the competent court in the district of Amsterdam, unless the parties
9.3 These general conditions are sent to the Principal when the assignment is confirmed. These general
conditions are published at the website of Rechta (www.rechta.com) as well. Also an exemplar of the most
recent version of these general conditions in Dutch is filed at the Chamber of Commerce. This means that the
principal cannot argue that he or she did not knew or could not have taken notice of the general conditions of
9.4 In case of any misunderstanding with respect to the information available on the website of Rechta,
including the underlying general conditions, and/or services translated into Dutch or from Dutch into another
language by Rechta, the Dutch version of the information is leading.
9.5 in case on or more of the article of the underlying general conditions become(s) null and void, whatever
the reason may be, the other articles will stay in force.
Version October 2017