1. Definitions and scope of application
1.1 These general terms and conditions apply to all engagements and services provided by Penn Advocatuur B.V., Chamber of Commerce number 96074310, trading under the name Advocatenkantoor Penn B.V. (hereinafter: the Firm).
1.2 Any deviations shall only apply if agreed in writing.
2. Awarding of contracts and performance
2.1 All assignments shall be accepted and carried out exclusively by the Firm, notwithstanding Articles 7:404, 7:409 and 7:422(1)(b) of the Dutch Civil Code.
2.2 The Firm shall determine, within the scope of the lawyer’s professional discretion, the manner in which the instruction is to be carried out.
2.3 Should a difference of opinion arise regarding the performance of the assignment, the Firm may terminate the assignment, exercising due care in doing so.
3. Code of Conduct and Integrity
3.1 The Code of Conduct for the Legal Profession applies to the provision of services.
3.2 The Firm reserves the right to refuse or terminate an engagement if its continuation would be contrary to the law, the rules of conduct, the Wwft or standards of integrity.
4. Privacy and data protection
4.1 Personal data is processed in accordance with the GDPR and the Firm’s privacy policy.
4.2 The Office shall implement appropriate technical and organisational security measures.
5. Fees and costs
5.1 Unless otherwise agreed, work shall be carried out on the basis of an hourly rate which, in principle, is reviewed annually. If the work is carried out on the basis of legal aid, the client is deemed to be familiar with the terms and conditions on the website www.rvr.org.
5.2 The Firm may require advance payments and security.
5.3 Invoices must be paid by bank transfer within ten days.
6. Suspension and termination of the contract
6.1 In the event of non-payment, the Firm may suspend its work within the limits set out in the code of conduct.
6.2 Both the client and the Firm may terminate the engagement
7. Liability
7.1 The Firm’s liability is limited to the amount paid out by the professional indemnity insurer, plus the excess.
7.2 Liability for indirect and consequential damages is excluded.
8. Third parties and outsourcing
8.1 The Firm may engage third parties and shall not be liable for any failings on the part of such third parties.
9. Electronic communications and cyber security
9.1 The Firm uses electronic communication and cannot guarantee that it is completely secure.
10. Use of artificial intelligence (AI)
10.1 In carrying out the assignment, the Firm may use artificial intelligence (AI) and other automated tools to support the provision of legal services, including document analysis, legal research, the drafting of draft documents and administrative tasks.
10.2 AI is used solely as a support tool; the lawyer in charge assesses, checks and verifies the results and remains fully responsible for the content of legal advice, court documents and other work.
10.3 The Firm uses AI exclusively in a manner that is consistent with legal obligations, the core values of the legal profession, the duty of confidentiality and the applicable data protection regulations.
10.4 Confidential client information shall not be entered into publicly accessible AI systems if this could compromise the confidentiality of that information.
11. Intellectual property
11.1 Work products shall remain the property of the Firm to the extent permitted by law.
12. Publicity
12.1 The Firm will only cooperate with publicity initiatives where this is compatible with its duty of confidentiality, privacy regulations and the client’s interests.
13. Files and archiving
13.1 Files are stored digitally and destroyed five years after the file is closed, unless legislation, regulations or the nature of the case requires a longer retention period.
14. Complaints Procedure
14.1 The Firm has an internal complaints procedure, which can be viewed on its website. Complaints may be submitted to the Firm in writing.
15. Governing law and disputes
15.1 All legal relationships shall be governed by Dutch law.
15.2 Any disputes shall be brought before the competent court in Maastricht.
