General terms and conditions & Privacy Statement

General terms and conditions & Privacy Statement of Law firm Solutio

Article 1: Law firm Solutio

Law firm Solutio is a one-man business of mr. M.R. Koppe, LL.M., who works at her own expense and risk.

Only these general terms and conditions apply to all engagements and follow-up engagements to Solutio law firm, as well as to all other legal acts and legal relationships with third parties. The applicability of any purchase conditions is expressly rejected.

Article 2: The agreement

All engagements are deemed to have been given to mr. M.R. Koppe, LL.M., who receives and accepts this engagement, under the (exclusive) applicability of these general terms and conditions. Sections 7:404 and 7:407(2) of the Netherlands Civil Code do not apply. These general terms and conditions have been stipulated for the benefit of mr. M.R. Koppe, LL.M., as well as for all those who work or have worked, whether or not by virtue of an employment contract, and for all follow-up engagements arising from the engagement.

The services we provide in accordance with the engagement received are performed exclusively for the benefit of the client. Third parties cannot derive any rights from the execution of the work performed for the client.

Article 3: Engaging third parties

Law firm Solutio will consult with the client as much as possible in advance when engaging third parties and will exercise due care. Law firm Solutio is not liable for shortcomings of third parties. Law firm Solutio is authorised by the client to accept any limitations of liability of third parties on behalf of the client.

The client indemnifies Law firm Solutio against all claims of third parties, including reasonable costs of legal assistance, that are in any way related to the work performed for the client.

Article 4: Insured liability

Mr. M.R. Koppe, LL.M., has professional liability insurance in accordance with the regulations of the Netherlands Bar Association (NOvA). The liability is limited in its entirety to the amount paid out in the case in question, plus the applicable excess according to the policy in question.

In the event that the professional liability insurer does not pay any amount, any liability shall be limited to once the fee charged to the client in the preceding calendar year, excluding VAT, up to a maximum of the excess as stated in the professional liability insurance taken out.

The client shall only have a claim against mr M.R. Koppe, LL.M., who has accepted the order and never against one or all of those who, whether or not under an employment contract, work or have worked for Law firm Solutio.

The limitation of liability also applies in the event that Law firm Solutio is liable for errors of the third party it engages or for the improper functioning of the equipment, software, data and files, registers or other items it uses in the execution of the assignment, none of which is excluded.

Article 5. Advance payments

Law firm Solutio may require one or more (additional) advance payments before commencing the assigned activities and/or pending their execution. These will be set-off at the end of the assignment or in the interim.

Article 6: Third-party funds

No use is made of a ‘Stichting Derdengelden’ (third party funds foundation).

Article 7: Fees and disbursements

During the intake interview, it will be assessed to what extent the client is eligible for financed legal aid on the basis of the ‘Wet op de Rechtsbijstand’ (Legal Aid Act).

Unless otherwise agreed in writing, the fee will be determined on the basis of the hours worked multiplied by the usual rate of Law Firm Solutio in force at the time of execution. The hourly rate is increased by 21% VAT.  The hourly rate will be determined during the intake interview, partly on the basis of the extent of the file, any urgency and the nature of the client.

Disbursements paid by Law firm Solutio on behalf of the client will be charged separately.

In principle, activities will be charged to the client on a monthly basis.

Payment of invoices must be made without suspension or setoff within 14 days of the invoice date. In the event of late payment, the statutory interest shall be due from the day following the due date and all judicial and extrajudicial costs arising from the collection of the invoice shall be borne by the client. The extrajudicial costs are set at 15% of the invoice with a minimum of € 40.

Article 8: Late payment

In the event of late and/or full payment of monthly and/or advance bills, the participant in the partnership shall be entitled to suspend his or her activities, in which case the participant shall not be liable for any damage that may arise as a result of the suspension of the activities.

Article 9: Filing

After the case is terminated, all documents from the client present in the file will be returned to the client, after which the remaining file will be kept for 7 years. After that, Solutio Law Firm has the right to destroy the file.

Art. 10: Privacy statement General Data Protection Regulation (GDPR)

10.1 Law firm Solutio respects your personal data and ensures that the personal information provided to us or otherwise obtained by us is treated confidentially. Personal data refers to all information about a person. Data that indirectly say something about someone are also personal data. The following will implement  the information obligation laid down in the GDPR for the data subject(s) whose personal data are processed by Law firm Solutio.

 10.2 Law firm Solutio processes personal data in order to be able to offer services, to improve services and to communicate personally with you as the person concerned. As a data subject, you, as the person involved, make the choice to take part in this and leave your personal details behind.

10.3 Law firm Solutio processes the personal data mentioned below exclusively for the purposes mentioned below, otherwise not exhaustively:

– the provision of legal services, including the performance of a contract

and conducting (judicial) proceedings;

– collection of fee notes;

– advice, mediation and referral;

– comply with our legal and statutory obligations;

10.13 On the website(s), Law firm Solutio offers a review of the ‘Advocatenscore’ (Lawyers’  Score), which is freely accessible. Clients who complete a survey give permission to place this review on the website of Law Firm Solutio. Any information posted on this site may be read, collected and used by any third party. A request to remove personal data from ‘Advocatenscore’ can be submitted via the contact details under ‘Privacy rights of data subjects’. Law firm Solutio is in some cases unable to delete personal data. In a response to your aforementioned request, Law firm Solutio indicates that it did not succeed and also for whatever reason. In the event that you, as the data subject, post personal data via a third party application (via social media), that third party or the administrator of the application will be the point of contact for such requests for deletion or other types of privacy questions.

10.14 Law firm Solutio has the right to adjust  the content of this privacy statement at any time without prior notice. Adjustments to the privacy statement will be published on the website of the law firm. Therefore, please consult our website(s) regularly.

10.15 If you have any questions or remarks about the processing of your personal data and this privacy statement, please contact mr. M.R. Koppe, LL.M.

This privacy statement was adopted on 7 December 2018.

10.4 The Solutio law firm’s website uses cookies from Google Analytics to, in general, track user behaviour and general trends and to obtain reports. This helps to improve the functioning of the website(s). Google may also transfer this information to third parties where required to do so by law or where such third parties process the information on Google’s behalf. By using the website(s) of Van Hout Advocaten, you consent to the processing of the information by Google in the manner and for the purposes set out above. Cookies are also placed by the use of buttons and/or links, as described above under ‘Use of social media’. Law firm Solutio has no influence on the placement and use of cookies by these third parties.

On the website of the Netherlands Authority for Consumers & Markets (https://www.consuwijzer.nl/telecom-post/internet/privacy/uitleg-cookies) you can read more about cookies and how you can block or delete them.

10.5 Law firm Solutio processes the personal data mentioned above exclusively on the basis of the grounds mentioned below as referred to in Article 6 of the GDPR:

– Statutory duty

– Execution of an agreement

– Consent obtained from data subject(s)

– Legitimate interest

10.6 Law firm Solutio will only share your personal data with third parties for the purposes necessary for the provision of services with due observance of the above mentioned purposes. This includes, for example, observation of the practice by another lawyer, the performance of an expert investigation or the engagement of another third party on behalf of and at the instruction of Law firm Solutio, such as an IT supplier, but also the provision of your personal data in connection with (legal) proceedings or correspondence with the other party

In addition, Law firm Solutio may provide personal data to a third party, such as a supervisory authority or another body vested with public authority, to the extent that there is a legal obligation to do so.

A processing agreement will be concluded with the third party that processes your personal data on behalf of and at the request of Law firm Solutio, as a result of which that third party is also obliged to comply with the GDPR. Third parties engaged by Law firm Solutio, who offer services as data controllers, are responsible for the (further) processing of your personal data themselves for compliance with the GDPR. This could include an accountant, civil-law notary, another third party engaged for a second opinion or expert report.

10.7 Law firm Solutio attaches great importance to the security and protection of your personal data and, taking into account the state of the art, provides appropriate technical and organizational measures to ensure a security level tailored to the risk. In the event that Law firm Solutio makes use of services of third parties, such as an IT supplier, Law firm Solutio will, in the context of the protection of personal data, lay down agreements on adequate security measures in a processing agreement.

10.8 Law firm Solutio will store personal data that are processed no longer than necessary for the aforementioned purposes of data processing or as required by law and regulations.

10.9 A request for access, correction, limitation, objection, transferability of data, removal of your personal data or withdrawal of previously given consent, can be sent via our contact details. You will receive further notification from us within four weeks of receiving your request. There may be circumstances in which Law firm Solutio, as the party involved, cannot fulfil your request or cannot fulfil it in full. These include the duty of confidentiality of lawyers and statutory retention periods.

10.10 In order to ensure that we provide the relevant personal data to the correct person on the basis of your request, we ask you to inspect a valid passport, driving licence or identity document with passport photo and CSN number for verification. Law firm Solutio only deals with requests that relate to your own personal data.

10.11 On the website(s) of Law firm Solutio, buttons and/or links are included to promote or share web pages on social (media) networks or websites of third parties, such as Twitter, LinkedIn or Facebook. Law firm Solutio does not supervise and is not responsible for the processing of your personal data by and through such third parties. The use of these media is therefore at your own risk. Before using these services of third parties, it is advisable to read the privacy statement of these third parties first.

10.12 Law firm Solutio keeps track of the use of the website(s) for statistical purposes. The personal data collected in this way are in principle anonymous and will not be sold by Law firm Solutio to third parties.

In order to increase the ease of use of the website(s) of Solutio law firm, so-called ‘cookies’ are used. A cookie is a small text file that is placed on your computer, tablet or smartphone during your visit to the website(s) of Solutio law firm. You can refuse the use of these cookies at any time, although this may limit the functionality and ease of use of the website(s).

10.13 On the website(s) Law firm Solutio offers a review of the ‘Advocatenscore’ which is freely accessible. Clients who complete a survey give permission to place this review on the website of Solutio law firm. Any information posted on this site may be read, collected and used by any third party. A request to remove personal data from ‘Advocatenscore’ can be submitted via the contact details under ‘Privacy rights of data subjects’. Law firm Solutio is in some cases unable to delete personal data. In a response to your aforementioned request, Law firm Solutio indicates that it did not succeed and also for whatever reason. In the event that you, as the data subject, post personal data via a third party application (via social media), that third party or the administrator of the application will be the point of contact for such requests for deletion or other types of privacy questions.

10.14 Law firm Solutio has the right to change the content of this privacy statement at any time without prior notice. Adjustments to the privacy statement will be published on the website of the law firm. Therefore, please consult our website(s) regularly.

10.15 If you have any questions or remarks about the processing of your personal data and this privacy statement, please contact mr. M.R. Koppe, LL.M.

This privacy statement was adopted on 7 December 2018.

Art. 11 Choice of forum

The legal relationship between the client and Law firm Solutio is governed by Dutch law. Disputes arising from this legal relationship will be submitted exclusively to the competent Court of Midden-Nederland.