Terms and Conditions
Terms and Conditions
Applicability
TienLegal Global (“TLG”) is formed under Dutch Law. TLG
is registered with the Chamber of Commerce of Amsterdam, registration number: 60589418,
address Vierwindenstraat 229, 1013 CW Amsterdam. TLG is a one-woman
business, practicing the profession of legal advisor.
Unless otherwise agreed explicitly in writing, these
Terms and Conditions apply to all, and subsequent or amended - services performed
by TLG, her partners or (legal) entities and third parties, that are directly
or indirectly, involved in any way in the services provided by TLG. A copy of
these General Terms & Conditions will be sent upon request and said Terms
and Conditions have been published on the website: www.TienLegal-Global.com.
Any Terms and Conditions of the client or of any third
party engaged by the client are hereby expressly rejected.
Please note that TLG's Privacy Policy also applies.
Agreement of
Assignment
The agreement comes into effect from the moment TLG
sends out an engagement letter or if TLG starts carrying out activities in the
regarding case.
All assignments are considered to be given exclusively
to and accepted by TLG, even if it was the explicit or tacit intention that the
assignment was to be carried out by a particular person.
Contrary to the articles 7:404, 7:407 paragraph 2 and 7:409 of the
Dutch Civil Code (“Burgerlijk Wetboek”), the person who executes the assignment is not personally bound or liable.
TLG cannot give any guarantee regarding the outcomes of
studies it conducts and advice it provides or that the desired result will be
achieved.
Relationship
TLG and its clients do not intend to enter into an
employment agreement. There is no supervisory relationship. TLG shall perform all
services as an independent contractor and not as an employee, partner, or agent
of its client.
Confidentiality & Intellectual
Property
All work product of TLG in the performance of the
services including without limitation, analyses, reports and any other
documents specifically drawn up for and on behalf of the client shall be
considered Confidential Information. TLG will retain all intellectual property
rights to its work products, such as contracts, letters, procedural/court
documents, advices, legal opinions, articles as well as presentations in final
or draft form, unless otherwise agreed in writing. Notwithstanding the
foregoing, the client is entitled to use said documents in the ordinary course
of a business that has been agreed.
All information received through the client shall be
kept confidential. Except as its client may authorise in writing, TLG shall not
disclose any Confidential Information or use it for any purpose other than the
performance of services as agreed in writing. TLG is authorised to retain
copies for archival purposes.
Notwithstanding the confidentiality provisions herein, TLG
may use client's name, logo and a short description of the activities performed
for online, social media, future reference and relationship management.
Documentation
Client shall place all information and documents, which
TLG deem necessary and/or desirable to enable TLG to perform the services
accurately and in a timely fashion.
The client guarantees the correctness, the completeness
and the reliability of the information and documents that are provided to TLG. TLG
accepts no liability for any loss/damage of which so ever nature caused by
reliance on incorrect and or incomplete records and/or information provided by
the client.
Payment
Upon exceeding any payment terms client is, without
further notice of default being required, liable to pay i) default statutory interest
commencing on the due date; and ii) all costs and attorney’s fees in the event
that collection efforts become necessary, which costs amount to at least 15% of
the invoice, and shall be not be less than EUR 150,-. Interest on the eligible
amount shall be calculated 15 days from the date of the invoice until such time
as payment is made in full. TLG has the right to suspend further performance of
the services. TLG shall not be liable for any damages as a consequence of this
suspension of services.
Costs incurred by TLG on behalf of the client (such as
travel expenses, costs of couriers, costs of extracts, costs of translation,
notarial fees, or other fees etc.) shall be charged separately.
Termination
TLG has the right to terminate each and every agreement
or other legal relationship between TLG and the client with immediate effect or
is entitled to suspend its obligations without being liable for any
compensation whatsoever in the event that client i) fails to fulfil his
obligations and also fails to do so after notice of default; or ii) files for
suspension of payments or for bankruptcy, or has been declared insolvent, or
has gone into voluntary liquidation; or iii) fails to furnish surety in advance
or the surety furnished was insufficient; or iv) is in such circumstances that TLG
has good reason to believe that client shall fail to fulfil its obligations. Nothing
in this Agreement will suspend the client’s payment obligations for the work
carried out by TLG and its expenses incurred.
The right to terminate or to suspend is without
prejudice to the right of TLG in addition to the above to seek compensation
from the client.
Liability
TLG is qualified to provide legal services only on the basis of the law of jurisdiction of the Netherlands. Based on its general experience in the respective area of law, TLG may provide views on issues related to the law of other jurisdictions, but TLG does not assume any liability for the correctness of such views.
Unless otherwise agreed, TLG may request third parties
to perform (part of) the work assigned. TLG is not liable for any failure of or
default by such third party.
Any liability of TLG shall be limited to the amount,
which is paid out under the arranged professional liability insurance in the
matted concerned, plus the amount of the excess, which under this contract of
insurance is borne by TLG.
If payment under the professional liability agreement
for whatever reason will not take place, any liability shall be limited to an
amount equal to the fees, which has been received from the client for the specific
liability causing event, with a maximum of EUR 2.500 (two thousand five hundred
euros). The client is only entitled to claim the above limited amount from TLG.
The client will indemnify TLG against any and all
claims from third parties, including reasonable legal costs, connected in any
way with the services provided by TLG to the client, unless such claims are a direct
result from gross negligence or wilful misconduct of TLG.
Any rights of action versus TLG shall lapse in any
event one year after the specific performance of services under the agreement
to which said claims relate.
Privacy Policy
TLG only uses your information as described in the Privacy Policy which is
incorporated into these Terms and Conditions by reference. You may review TLG's Privacy Policy here: http://tienlegal-global.com/menu/privacy-policy/
You further agree that by your continued use of the site, you agree to the
terms of these Terms and Conditions and Privacy Policy. If you do not agree to your
information being used in the manner stated in our Privacy Policy, please cease
from using the service(s) provided by TLG.
Law/Jurisdiction
TLG is not a law firm and is therefore not regulated by the Legal Profession Disputes Committee (Geschillencommissie Advocatuur). Any disputes between TLG and the client may be submitted to the Amsterdam District Court, which shall have exclusive competence with respect to any claims related to the services provided. Dutch Law applies to any agreements concluded with TLG.