CLINT | Littler B.V. ( trades name ‘CLINT | Littler Lawyers & Mediators’. ‘CLINT | Littler B.V.’ and ‘CLINT | Littler’) is a private company with limited liability, founded for Dutch law, which aims to exercise or cause to exercise a legal practice by one or more lawyers and the practice of mediation by one or more mediators. Under these general terms and conditions ‘CLINT | Littler’ will be understood as CLINT B.V. Persons connected with ‘CLINT | Littler’ are those who work or have worked for or on behalf of CLINT | Littler, whether in employment or not.

These terms and conditions are applicable to every assignment that has been given to CLINT | Littler , as well as to all legal relations resulting from or related to this assignment. These general terms and conditions are also stipulated for the benefit of persons affiliated to CLINT | Littler, any third party who, whether in employment or not, is involved in the execution of any assignment by CLINT | Littler or who is or may be liable in connection therewith, as well as all respective legal successors under the general title. The applicability of any general conditions of the client is expressly rejected.

All assignments will be received and carried out by CLINT | Littler, also if and insofar as it is the explicit intention that an instruction be carried out by a specific person. The applicability of articles 7:404 (which provides a regulation for the case in which it is the intention that an instruction is carried out by a specific person) and 7:407, paragraph 2 (which establishes joint and several liability for the case in which an instruction is given to two or more persons) of the Civil Code is explicitly excluded. Contrary to Article 7:409 of the Civil Code, the persons affiliated with CLINT | Littler are not personally bound or liable and the assignment does not end with their death, even if the assignment is given with a view to a specific person.

The carrying out of an assignment will solely be conducted for the benefit of the employer. Unless CLINT | Littler has expressly accepted this in writing, others then the client may not rely on the result of the work performed for the client or the execution thereof and may not derive any rights from it.

CLINT | Littler is free to have assignments carried out under its responsibility by the persons it has appointed and/or, if CLINT | Littler deems this necessary, by bringing in third parties. CLINT | Littler will exercise the care that may reasonably be expected of it under the given circumstances in carrying out its assignments and in selecting the third parties it engages. CLINT | Littler is authorised to accept conditions which apply in the relationship between it and the third party or which are stipulated by the third party. CLINT | Littler may invoke these conditions against the client in so far as the execution of the assignment by the third party is concerned. The client may never hold third parties directly liable. The client indemnifies CLINT | Littler and persons affiliated to CLINT | Littler against all claims by third parties arising from or related to the execution of an assignment for the client.

Any liability arising from or in connection with the execution of an assignment shall be limited to the amount paid out in the case in question under the liability insurance policy taken out, increased by the amount of the excess applicable to CLINT | Littler under this insurance policy. The sum insured under CLINT | Littler’s professional liability insurance is a maximum of EUR 1,000,000 per claim with a maximum sum insured per insurance year of EUR 2,000,000.

If, for whatever reason, no payment is made under the above mentioned insurance, any liability will be limited to the fee charged by CLINT | Littler in the relevant case in the relevant year, excluding VAT and office costs. Without prejudice to the provisions of Article 6:89 of the Civil Code, the client’s right to compensation will in any case lapse if it is not brought before the competent court within one year of its discovery.

The client exempts CLINT | Littler against all third party claims and all additional costs related to the services provided by CLINT | Littler to the client.

Under the current legislation, CLINT | Littler is obliged when accepting an assignment to establish the identity of the client, to check whether there are no reasonable indications that the assignment is for the preparation, support or protection of illegal activities and to report any unusual transactions carried out or intended to be carried out to the relevant authorities without the consent of and without informing the client. By placing an order with CLINT | Littler, the client confirms that it is aware of this and, where necessary, provides the relevant identification.

The client grants permission for the (personal) data provided to be processed within the organisation of CLINT | Littler, whether in connection with the assignment or otherwise, and to be brought to the attention of those within CLINT | Littler for whom it is useful to know such data in connection with the handling of the assignment or relationship management. The client also gives permission to use all common means of communication at that time, including but not limited to email and internet.

The CLINT | Littler Foundation for the Management of Third-Party Funds (Stichting Beheer Derdengelden CLINT | Littler) is authorised to hold third-party funds within the framework of the execution of an assignment. The client indemnifies CLINT | Littler and persons connected with CLINT | Littler against all claims resulting from or related to the possible insolvency or non-compliance with the obligations of the bank or financial institution to which the third party funds have been deposited.

Unless otherwise agreed in writing, CLINT | Littler will send a monthly invoice for fees, plus (i) specific out-of-pocket expenses (e.g. costs made by lawyers in other jurisdictions, experts, translators, couriers, bailiffs, court registry fees etc.) and (ii), if applicable, VAT. An explanation of the work performed will be attached to the invoice. The rates charged by CLINT | Littler are based on the expertise, experience and seniority of the person carrying out the assignment. CLINT | Littler has the right to adjust its rates from time to time.

A period of 14 days applies for payment of invoices. If payment has not been made in full within 14 days, the client is in evasion, without any notice of evasion being required, CLINT | Littler is entitled to charge statutory interest and to take the measures it deems necessary to settle the claim. CLINT | Littler is entitled to suspend its work if the client fails to pay the invoice or if no advance payment is made available to cover this.

These general terms and conditions are available in Dutch and English. In the event of a dispute about the contents or significance of these general terms and conditions, only the Dutch text shall be binding.

The legal relationship between CLINT | Littler and a client, as well as any liability, is governed by Dutch law. The Office Complaints Regulation for the Legal Profession applies to the services provided. The complaint scheme of the Foundation for Quality Mediators (SKM) applies to mediations conducted by MfN registered mediators of CLINT | Littler. Disputes will be exclusively settled by the competent Dutch court in Amsterdam.

CLINT | Littler B.V. has its registered office in Amsterdam and is listed in the Commercial Register of the Chamber of Commerce under the number 64685934.

These general terms and conditions have been filed with the registry of the District Court of Amsterdam and can be consulted at www.clintlegal.com.