General conditions

Version September 2024 - Click here for Dutch PDF version or here for English PDF version.

1. Louwers Advocaten B.V.

1.1 Louwers Advocaten B.V. (trading inter alia under the name "Louwers IP&Tech Advocaten", hereinafter also referred to as Louwers Advocaten) is a private limited company, the object of which is the practice of law. A list of the persons who (whether or not through their holding companies) hold shares in Louwers Advocaten (hereinafter also referred to as "Partners") will be sent upon request.

1.2 The stipulations in these general terms and conditions are not only made for the benefit of Louwers Advocaten, but also for the benefit of all Partners and all other persons working for Louwers Advocaten, respectively all persons engaged by Louwers Advocaten in the execution of any instruction, respectively all persons for whose acts or omissions Louwers Advocaten might be liable.

2. Agreement

2.1 An assignment is concluded exclusively with Louwers Advocaten. This shall also apply if it is the Client's express or implied intention that the assignment be carried out by a specific person. The effect of article 7:404 of the Dutch Civil Code, which regulates the latter case, and the effect of article 7:407 paragraph 2 of the Dutch Civil Code, which establishes joint and several liability in cases where an instruction is given to two or more persons, are excluded.

2.2 Louwers Advocaten shall be free to have assignments granted under its responsibility carried out by Partners and staff members of Louwers Advocaten to be designated by it, where appropriate involving third parties.

2.3 Either party may terminate the agreement by giving notice, if desired with immediate effect. The client is obliged to pay the fee for the work performed up to the moment of termination.

3. Liability

3.1 If the performance of an assignment by Louwers Advocaten gives rise to liability, such liability will always be limited to the amount paid out in the relevant case under Louwers Advocaten's applicable professional liability insurance policy, plus the amount of the excess payable by Louwers Advocaten under the applicable insurance policy in the relevant case. The contents and conditions of the professional liability insurance exceed the requirements set by the Dutch Bar Association. Upon request, an extract of the applicable professional liability policy will be sent to you.

3.2 If Louwers Advocaten has no claim under the professional liability insurance policy for damages resulting from professional liability, Louwers Advocaten's liability will be limited to the amount invoiced to and paid by the Client in the relevant matter in the current calendar year, up to a maximum of €150,000 (one hundred and fifty thousand euros).

3.3 If - other than by or in connection with the execution of an assignment of a Client - damage is caused to persons or property for which Louwers Advocaten is liable, such liability shall be limited to the amount or amounts, to which the general liability insurance (AVB) taken out by Louwers Advocaten gives claim, increased by the excess borne by Louwers Advocaten in connection with such insurance.

3.4 The execution of the assignment given is exclusively for the benefit of the client. Third parties cannot derive any rights from the contents of the work performed.

3.5 All claims of the client shall lapse twelve (12) months after the work has been performed to which such claims relate.

4. Client's obligations

4.1 If the client allows a third party to take cognizance of the content of the work carried out by Louwers Advocaten for the benefit of the client, the client must point out these general terms and conditions to the third party and ensure that these general terms and conditions are also accepted by that third party.

4.2 The client indemnifies Louwers Advocaten and its auxiliary persons against claims by third parties who claim to have suffered loss or damage as a result of or in connection with work carried out by Louwers Advocaten for the client, or against claims by third parties who claim to have suffered loss or damage as a result of a wrongful report made by Louwers Advocaten or its Partners, or one of its employees or other auxiliary persons, under the WWFT (Money Laundering and Terrorist Financing (Prevention) Act), unless there is intent or wilful recklessness on the part of Louwers Advocaten.

4.3 Payment of invoices from Louwers Advocaten must be made, without suspension or set-off, within fourteen (14) days of the invoice date.

4.4 All actual (extra)judicial costs related to the collection of invoices - with a minimum of 15% on the amount to be collected - will be for the account of the client. The judicial costs shall not be limited to the liquidation costs but shall be borne in full by the client if it is (predominantly) ruled against.

5. Engaging third parties

5.1 The choice of third parties to be engaged by Louwers Advocaten will, where possible and reasonably appropriate, be made in consultation with the client and with due care. Louwers Advocaten shall not be liable for the choice of such third parties or shortcomings of such third parties, except in the event of intent or gross negligence on the part of Louwers Advocaten.

5.2 If such third parties wish to limit their liability in connection with the execution of an assignment of the client, Louwers Advocaten shall have the power to accept such limitation of liability on behalf of the client.

6. Rates and costs

6.1 Louwers Advocaten shall pass on to the client any costs not included in its fees, such as (but not limited to) trade register extracts, travel expenses, court registry fees, attorney fees, courier costs, translation costs and in general the costs of third parties engaged in consultation with the client. Louwers Advocaten shall be entitled to charge the client an advance payment and to commence work only after receipt of the advance payment. This advance may be set off against the last invoice for the work to which the payment of the advance relates.

6.2 Louwers Advocaten has the right to change the basic hourly rate and the travel expenses it charges. If the change of the basic hourly rate involves an increase of more than 10% or if an increase takes place within three months after the conclusion of the assignment without the client being aware of this increase, the client has the right to dissolve the agreement.

6.3 The right to dissolve expires on the 15th day after the invoice date of the first invoice sent to the client following the increase in the basic hourly rate.

7. Electronic communication

7.1 In the event that communication between the client and Louwers Advocaten takes place by electronic means such as e-mail and other forms of data traffic, both parties shall ensure that standard virus protection is reasonably expected.

7.2 Neither party shall be liable to the other party for any damage resulting from the transmission of viruses and/or other irregularities in electronic communications, and for messages not received or received in a damaged state.

7.3 The transmission of e-mail and other forms of data traffic shall be without encryption unless the principal has expressly requested the use of encryption facilities available at Louwers Advocaten for the transmission of any specific message.

8. Complaints

8.1 Louwers Advocaten has an internal complaints procedure, which is attached to these general terms and conditions.

9. Miscellaneous

9.1 All agreements between the client and Louwers Advocaten shall be governed exclusively by Dutch law.

9.2 Disputes shall be settled exclusively by the competent court of Oost-Brabant in 's-Hertogenbosch. For claims that fall within the competence of the subdistrict sector, the District Court of Oost-Brabant, subdistrict sector, with seat in Eindhoven, has jurisdiction. Nevertheless, Louwers Advocaten has the right to submit disputes to the competent court of the domicile of the client.

9.3 The applicability of other general terms and conditions, such as general purchasing conditions of the client, is expressly rejected.

9.4 These general terms and conditions have been drawn up in the Dutch language and in various other languages; the Dutch text shall be binding in the event of any difference in content or tenor.

9.5 Louwers Advocaten does not (or no longer) have a trust account foundation.

Office complaint scheme

Our firm will make every effort to provide you with the best possible service. Nevertheless, it may happen that you are dissatisfied with a certain aspect of our service. You can then use our internal complaints procedure.

1. Definitions

In these office complaint regulations, the following terms shall have the following meanings:

- Louwers Advocaten: Louwers Advocaten B.V. (also trading under the name "Louwers IP&Tech Advocaten"), a private limited company, whose purpose is to practice law.

- Complaint: any written expression of dissatisfaction by or on behalf of the client towards a lawyer of Louwers Advocaten or the persons working under his or her responsibility regarding the conclusion and execution of an agreement for services, the quality of the services provided or the amount of the fee, not being a complaint as referred to in paragraph 4 of the Lawyers Act;

- Complainant: the client or his representative who makes a complaint known;

- Complaints Officer: the lawyer charged with handling a Complaint.

Scope of application

2.1 This office complaints procedure applies to any agreement for services between Louwers Advocaten and the client.

2.2 Each lawyer of Louwers Advocaten will take care of complaints in accordance with the office complaints procedure.

3. Objectives

3.1 The purpose of this office complaint procedure is to:

1. to establish a procedure to resolve Client Complaints in a constructive manner within a reasonable time;

2. establishing a procedure to determine the causes of Client Complaint;

3. maintaining and improving existing relationships through proper complaint handling;

4. train employees in client-centered response to Complaints;

5. improving the quality of services through complaint handling and complaint analysis.

4. Information at start of service

4.1 This office complaint procedure has been made public. Before entering into the agreement for services, the lawyer informs the client that the firm has an office complaints procedure and that it applies to the services provided. This complaint scheme is also part of the general terms and conditions and applies to any agreement for services entered into by Louwers Advocaten with clients.

4.2 Complaints as referred to in article 1 of this office complaints procedure that are not resolved after treatment will be submitted to the District Court of Oost-Brabant, in accordance with article 9.2 of the General Terms and Conditions of Louwers Advocaten.

5. Internal complaint procedure

5.1 If a Client approaches the Firm with a Complaint, the Complaint will be forwarded to the Grievance Officer.

5.2 The Complaints Officer shall notify the person complained about of the filing of the Complaint and shall notify the Complainant.

5.3 Both the Complainant and the person complained about will be given the opportunity to provide an explanation of the Complaint.

5.4 The person about whom the Complaint has been made will try to reach a solution together with the Client, with or without the intervention of the Complaints Officer.

5.5 The Complaints Officer will resolve the Complaint within four weeks of receiving the Complaint or will notify the Complainant of any deviation from this deadline, stating the reasons, and will set a deadline within which a decision on the Complaint will be made.

5.6 The Grievance Officer will notify the Complainant and the Complainant about whom the Complaint has been filed in writing of the decision on the merits of the Complaint, whether or not accompanied by recommendations.

5.7 If the Complaint has been satisfactorily resolved, the Complainant, the Complaints Officer and the person complained about will sign the opinion on the resolution of the Complaint.

6. Confidentiality and free complaint handling

6.1 The Complaints Officer and the person complained about shall observe confidentiality in handling the Complaint.

6.2 The Complainant shall not be required to pay compensation for the costs of handling the Complaint.

7. Responsibilities

7.1 The Complaints Officer is responsible for the timely resolution of the Complaint.

7.2 The Complainant will keep the Complaints Officer informed about any contact and possible resolution.

7.3 The Complaints Officer will keep the Complainant informed about the resolution of the Complaint.

7.4 The Complaints Officer will maintain the complaint file.

8. Complaint registration

8.1 The Complaints Officer records the Complaint along with the subject of the Complaint.

8.2 A Complaint may be divided into several topics.

8.3 The Complaints Officer will report periodically on the handling of Complaints and make recommendations to prevent new Complaints, as well as to improve procedures.

8.4 At least once a year, the reports and recommendations will be discussed in the office and recorded for decision-making.