Terms and conditions
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The notaries form a partnership and provide their services from this partnership. This partnership is the contracting party. The client is the principal: one or more natural persons or legal entities who instruct the partnership to perform services.
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These general terms and conditions are also made for the benefit of the partners of the partnership (including the directors of the practice companies who are partners of the partnership) and all other persons working for, on behalf of, or in the name of the partnership. Third parties engaged in the execution of the assignment can also invoke these general terms and conditions.
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The provisions of Articles 7:404 of the Dutch Civil Code and 7:407(2) of the Dutch Civil Code are excluded upon acceptance of all assignments.
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The liability of the partnership is limited to the coverage provided by professional liability insurance, increased by any deductible. The applicable Professional and Ethical Rules contain minimum standards that the insurance must meet. If, for whatever reason, no payment is made under this insurance, the liability of the partnership is limited to an amount equal to the fee charged for the execution of the relevant assignment for the work from which, or in connection with which, the damage has arisen.
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The limitation of liability also applies if the partnership is held liable for damages directly or indirectly resulting from the improper functioning of the equipment, software, data files, registers, or other items used by the partnership in the execution of the assignment.
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Any claim for damages cannot be made against employees of the notary, other persons working for, on behalf of, or in collaboration with the notary, or against directors of legal entities responsible for carrying out the work or in collaboration with whom an association has been established.
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Any right to compensation expires in any case twelve months after the event giving rise to the liability, without prejudice to the provisions of Article 6:89 of the Dutch Civil Code.
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If an assignment is given by multiple persons, each of them is jointly and severally liable for payment of the invoice for the services provided by the partnership. If the assignment is given by a natural person on behalf of a legal entity, the assignment is deemed to have been granted by the natural person as well.
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When engaging third parties, the partnership always exercises due care. The partnership is not liable for any shortcomings on the part of engaged third parties. The client is deemed to have authorized the partnership to accept any liability limitations on behalf of the client.
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The partnership informs the client in a timely and clear manner about the financial consequences of its engagement. The fee is determined based on the hours spent on the assignment multiplied by the hourly rate used by the partnership unless otherwise agreed. If the partnership carries out work in connection with a purchase agreement, the fee is charged to the parties as agreed upon in the purchase agreement. If nothing is agreed upon, the fee is charged to the buyer. The partnership informs the client in a timely manner if additional costs will be charged beyond the agreed amount. The partnership may not charge the costs of its services to another assignment, another part of the assignment, or anyone other than the client.
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An assignment is deemed accepted:
If the assignment is confirmed to the client by the contracting party; or
if the client receives a draft deed made on behalf of the partnership at the client's request or a personal advice provided; orif the partnership receives a purchase agreement stating that the notary belonging to the partnership will execute the deed of delivery and commences all activities in that regard.
- Invoices must be paid within fourteen days of the invoice date, unless otherwise agreed or indicated by the partnership on or with the invoice. If this term is exceeded, the client is in default. The client is then liable for default interest (equivalent to the statutory interest rate) and collection costs. The collection costs are calculated in accordance with the Decree on the reimbursement for extrajudicial collection costs.
If the client is a legal entity or a natural person acting in the course of his/her profession or business, in deviation from the aforementioned decree, collection costs are calculated as 15% of the outstanding claim, with a minimum of €250.00.
- The Anti-Money Laundering and Counter-Terrorism Financing Act applies to the services provided by the partnership. In that context, the partnership is obliged, among other things, to:
conduct a 'client investigation' in connection with the provision of services to the client, which investigation includes the identification and verification of identity; and
report to the Financial Intelligence Unit-Netherlands (FIU-Netherlands) without the knowledge of the parties involved in the assignment if an unusual situation or transaction occurs.
14. A claim against the partnership for payment of money based on the legal act included in a deed cannot be assigned or pledged. Pursuant to the notarial professional and ethical rules, the partnership only pays out money to the person acting as a party to the deed and/or entitled to payment based on the legal act included in the deed unless otherwise follows from these rules.
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The partnership complies with all existing professional and ethical rules. An explanation of these rules can be found in the consumer brochure 'Rules of the Game for Notary and Consumer,' prepared by the Royal Dutch Notarial Association (KNB) in consultation with the Consumers' Association and the Homeowners' Association. This brochure is available at www.knb.nl and can be provided upon request.
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The law requires the notary to collect information about those directly or indirectly involved in the notary's services. The notary's website contains the privacy statement that explains how the notary handles personal data.
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The Notarial Complaints and Disputes Scheme applies to the services provided. Please refer to www.knb.nl and www.degeschillencommissie.nl for more information. The Disputes Committee for Notaries only handles a complaint after the office's complaints procedure has been completed.
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Dutch law applies to the services provided and any liability claims. Only the Dutch court or the Disputes Committee is competent to settle disputes. Deposited by Netwerk Notarissen B.V. on July 31, 2018, with the Registry of the District Court of Central Netherlands under number 204/2018.
Netwerk Notarissen is a cooperative partnership of independently operating notary offices. Our office is not liable for the consequences of the work carried out by other offices affiliated with Netwerk Notarissen.