General terms and conditions

2026 version

These terms apply to all work carried out by Advocatenkantoor Eizenga. The office complaints procedure forms part of them.

This is an English translation, provided for convenience. The Dutch text is the only authoritative version and prevails in the event of any difference.

Scope and engagement

1. Advocatenkantoor Eizenga (Advocaat J.J. Eizenga) is a sole proprietorship (hereinafter: the sole proprietorship) under Dutch law. These General Terms and Conditions apply to all work carried out or to be carried out by staff of the sole proprietorship, and to all legal relationships between the sole proprietorship and third parties.
2. All engagements are deemed to be given exclusively to Advocaat J.J. Eizenga, even where it is the express or tacit intention that a particular person will carry out the engagement.
3. An engagement with the sole proprietorship is deemed accepted only once the sole proprietorship, or one of the persons working for it, has received written confirmation from the client.

Liability

4. Any liability of Advocaat J.J. Eizenga is limited to the amount payable in the relevant case under the professional indemnity insurance taken out, increased by the amount of the deductible which under the policy conditions is not borne by the insurers. If, through or in connection with the performance of a client engagement or otherwise, damage is caused to persons or property for which the sole proprietorship is liable, that liability is limited to the amount or amounts payable under the liability insurance taken out by the sole proprietorship, including the deductible borne by the sole proprietorship in connection with that insurance.
5. Except in the event of intent or gross negligence on the part of Advocaat J.J. Eizenga, the client indemnifies the sole proprietorship against all claims, demands and legal actions, as well as the loss, costs and expenses that Advocaat J.J. Eizenga incurs in connection with any such claim or demand that a third party may at any time have against Advocaat J.J. Eizenga or bring against the firm, and which arise directly or indirectly from, or are connected with, the work or services carried out or to be carried out by Advocaat J.J. Eizenga for the client, and/or which are otherwise connected with the client’s engagement of the sole proprietorship.
6. Engagements are performed solely for the benefit of the client. Third parties can derive no rights from the work carried out for the client.
7. When engaging third parties, Advocaat J.J. Eizenga will consult the client in advance as far as possible. Third parties are always engaged at the client’s expense. Expenses and third-party costs paid by Advocaat J.J. Eizenga on behalf of the client will be invoiced in itemised form.
8. Advocaat J.J. Eizenga is never liable to the client for work to be carried out by third parties engaged on the client’s behalf. Advocaat J.J. Eizenga is authorised to accept any limitations of liability of such third parties on the client’s behalf.

Subsidised legal aid and cover during absence

9. Advocaat Eizenga first and always examines whether the client qualifies for government-funded legal assistance (on the basis of a toevoeging). In urgent matters where the granting of the toevoeging cannot be awaited, Advocaat Eizenga agrees the fee with the client in case the toevoeging is not granted.
10. During absence, incapacity or long-term unfitness for work, immigration law matters are taken over by Oorsprong Advocaten, established in Utrecht, and matters in the other practice areas by Aelan Advocaten.

Fees, invoices and payment

11. Where the client does not qualify for a toevoeging, the client owes Advocaat J.J. Eizenga a fee calculated on the basis of the number of hours spent multiplied by the applicable hourly rate. The hourly rate is set annually by Advocaat J.J. Eizenga and in 2018 amounts to 150 euro per hour. In addition, the client owes Advocaat J.J. Eizenga 6% of the fee in fixed office costs (understood to include the costs of telephone, fax, photocopies and postage), as well as the disbursements paid by Advocaat J.J. Eizenga on the client’s behalf. The client must pay the applicable turnover tax at the prevailing rate on all amounts due.
12. In principle, an advance invoice or monthly interim invoices are issued for all work and expenses. Advance invoices are set off against the interim invoices.
13. Invoices (including invoices for the personal contributions imposed by the Legal Aid Board under subsidised legal assistance) must be paid within 7 days of the invoice date. In the absence of timely payment, Advocaat J.J. Eizenga is entitled to charge statutory interest on the unpaid amount, as well as extrajudicial collection costs, from one month after the invoice date. The sole proprietorship is furthermore entitled to suspend or discontinue work if the client fails to meet its payment obligations on time (that is, after 7 days).

Governing law and disputes

14. The legal relationship between the client and Advocaat J.J. Eizenga, or any other third party, is governed by Dutch law. All disputes connected with the engagement that do not fall within the competence of the Subdistrict Court are settled by the District Court of Midden-Nederland.

Complaints procedure

15. The complaints procedure of Advocatenkantoor Eizenga, published at the same time as these general terms and conditions, forms part of them.