General Conditions KLOS c.s. Advocaten
1. KLOS c.s. Advocaten B.V. (‘KLOS c.s.’) is a company with limited liability established under Dutch law.
2. These general conditions are applicable to all instructions (in Dutch: opdracht), unless agreed otherwise in writing in advance. Applicability of the instructing client’s general conditions is excluded.
3. Pursuant to the rules of the Dutch Bar Association, a complaints procedure is applicable to all our services. This complaints procedure can be found at the website www.klos.nl. A copy of the complaints procedure will be provided on request.
4. The relationship between KLOS c.s. and the instructing client is governed by Dutch law. Disputes shall be submitted exclusively to the competent court in Amsterdam.
5. All instructions are accepted and carried out by KLOS c.s. only, even if it is the express or implied intention that an instruction be carried out by a specific person. Applicability of Article 7:404 of the Dutch Civil Code, which relates to the situation referred to in the preceding sentence, and of Article 7:407(2) of the Dutch Civil Code, which imposes joint and several liability when an instruction is given to two or more persons, is excluded.
6. The liability of KLOS c.s. is limited to the amount which is paid out under its liability insurance in the matter concerned, plus the amount of the applicable deductible.
7. KLOS c.s. is authorised to engage third parties when carrying out instructions, such as attorneys of record, bailiffs, foreign lawyers and other Dutch or foreign service providers and advisors. It will exercise due care in engaging third parties and will, if possible, consult with the instructing client in advance. KLOS c.s. is authorised to accept, for and on behalf of the instructing client, any general conditions and limitation of liability of such third parties. Liability of KLOS c.s. for third parties’ faults or shortcomings is excluded.
8. Notifications with respect to the maintenance of trademarks, designs or other rights (including in relation to the renewals, deadlines etc.) are given free of any obligation. KLOS c.s. is only obliged to take steps to maintain trademarks, designs or other rights, if so commissioned in writing by the instructing client. KLOS c.s. is not obliged to conduct searches, to take care of filings or renewals, or to perform any other actions in relation to trademarks, designs or other rights, on its own initiative.
9. For execution of services relating to registrations, renewals and mutations in the Benelux, Community and/or International trademark and design register, the instructing client will be charged in accordance with the schedule of fees, which will be provided at request. This schedule of fees may be revised at any time.
10. The instructing client guarantees that the information provided is correct and complete.
11. KLOS c.s. is not liable for any damage that may result from incorrect or incomplete information provided by the instructing client or from errors or defects in the search facilities used.
12. All attorneys who are working with KLOS c.s. have a duty of confidentiality as well as a privilege of non-disclosure. The privilege of non-disclosure means that an attorney, when called as a witness in judicial proceedings, cannot be forced to disclose information that he possesses in his capacity as attorney. In case KLOS c.s. engages a third party in the course of its work on a case, the third party shall have the same duty of confidentiality as the attorney. The privilege of non-disclosure generally devolves from the attorney to the third party as well.
13. The instructing client shall indemnify KLOS c.s. and hold it harmless in respect of all claims of third parties connected in any way with the activities performed for the client. The client shall compensate KLOS c.s. for reasonable costs of defending such claims.
14. The instructing client is due fees plus disbursements, a compensation for general office expenses and VAT in respect of instructions carried out. Any advance payment made will be set off against the final invoice in connection with the instruction.
15. Invoices have to be paid within the period indicated on the invoice. Should payment not be received within the period mentioned, the client shall be deemed in default without any further notice being required and KLOS c.s. is authorised to charge legal interest.
16. These general conditions are also stipulated for the benefit of the directors and all persons who are or have been employed, working or engaged by KLOS c.s. in connection with any instruction.
17. In the event of any differences between the English text and the Dutch text of these general terms and conditions, the Dutch text shall prevail.