General conditions

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

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 provisions in these General Terms and Conditions are not only intended for the benefit of Louwers Advocaten but also for the benefit of all Partners and all other persons working for Louwers Advocaten, as well as all persons engaged by Louwers Advocaten in the performance of any assignment, or all persons for whose acts or omissions Louwers Advocaten could be held liable.

2.1 An instruction 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(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 is free to have assignments awarded under its responsibility carried out by Partners and staff members of Louwers Advocaten to be designated by it, where appropriate with the engagement of third parties.

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

3.1 If the execution of an assignment by Louwers Advocaten leads to liability, such liability will always be limited to the amount paid in the relevant case under the relevant applicable professional liability insurance policy of Louwers Advocaten, to be increased by the amount of the deductible that pursuant to the applicable insurance policy in the relevant case is for the account of Louwers Advocaten. 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 does not have a claim under its professional liability insurance for damages resulting from professional liability, Louwers Advocaten's liability shall 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 instruction 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 performance of the assignment given shall be exclusively for the benefit of the client. Third parties cannot derive any rights from the content of the work performed.

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

4.1 If the client allows a third party to take cognizance of the contents of the work carried out by Louwers Advocaten on its behalf, 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 damage as a result of or in connection with work carried out by Louwers Advocaten on behalf of the client, or against claims by third parties who claim to have suffered 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% of the amount to be collected—shall be borne by the client. Judicial costs are not limited to the litigation costs to be liquidated but shall be borne in full by the client if the client is (predominantly) found to be in the wrong.

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 failures of such third parties, except in the event of intent or gross negligence on the part of Louwers Advocaten.

5.2 If these third parties wish to limit their liability in connection with the performance of an assignment for the client, Louwers Advocaten is authorized to accept such a limitation of liability on behalf of the client.

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's 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 payment may be offset against the last invoice for the work to which the advance payment relates.

6.2 Louwers Advocaten has the right to change the basic hourly rate and the travel expenses it charges. If the change in the basic hourly rate involves an increase of more than 10% or if an increase occurs within three months of the conclusion of the assignment without the client being aware of such increase, the client shall have the right to terminate the agreement.

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

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, then both parties will take care of reasonably expected standard virus protection.

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 damaged.

7.3 Emails and other forms of data transmission are sent without encryption unless the client has expressly requested, prior to the transmission of any specific message, that Louwers Advocaten use the encryption capabilities available to it.

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

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

9.2 Disputes shall be settled exclusively by the competent District Court of East Brabant in 's-Hertogenbosch. For claims that fall within the competence of the subdistrict sector, the District Court 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 conditions, such as general purchasing conditions of the client, is expressly rejected.

9.4 These General Terms and Conditions are drawn up in the Dutch language and in several other languages; the Dutch text shall be binding in the event of any difference in content or tenor.

9.5 Louwers Advocaten no longer maintains a trust fund.

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.

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

- Louwers Advocaten: Louwers Advocaten B.V. (trading inter alia under the name "Louwers IP&Tech Advocaten"), a private limited company, the object of which is the practice of 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 about 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 attorney responsible for handling a complaint.

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

2.2 Every attorney at Louwers Advocaten is responsible for handling complaints in accordance with the firm’s complaints procedure.

3.1 The purpose of this office complaint procedure is to:

1. Establishing a procedure to deal constructively with Client Complaints within a reasonable period of time;

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

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

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

5. Improving the quality of our services through complaint handling and complaint analysis.

4.1 This office complaints 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 procedure 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 firm’s complaints procedure that remain unresolved after being addressed shall be submitted to the District Court of Oost-Brabant, in accordance with Article 9.2 of the General Terms and Conditions of Louwers Advocaten.

5.1 If a client approaches the firm with a Complaint, the Complaint will be forwarded to the Complaints 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 a complaint has been made will try to reach a solution together with the client, whether or not through the intervention of the Complaints Officer.

5.5 The Grievance Officer will handle the Complaint within four weeks after receipt of the Complaint or will notify the Complainant of any deviation from this period, stating the period within which an opinion on the Complaint will be given.

5.6 The Complaints Officer will notify the Complainant and the person about whom a complaint has been made in writing of the opinion on the merits of the Complaint, whether or not accompanied by recommendations.

5.7 If the Complaint has been resolved to the satisfaction of all parties, the Complainant, the Complaints Officer, and the person against whom the complaint was filed shall sign the decision regarding the resolution of the Complaint.

6.1 The Complaints Officer and the person about whom a complaint has been made shall observe confidentiality in handling the complaint.

6.2 The Complainant is not required to pay any fees for the costs associated with handling the Complaint.

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

7.2 The person complained about will keep the Complaints Officer informed of any contact and possible resolution.

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

7.4 The Complaints Officer maintains the complaint file.

8.1 The Complaints Officer will register the Complaint along with the complaint subject.

8.2 A Complaint may be divided into several topics.

8.3 The Complaints Officer shall 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 are discussed at the firm and documented for decision-making purposes.