These general terms apply to all assignments (opdrachten), including additional and follow up assignments, to Orange Clover Advocaten B.V. (Orange Clover) and all services at any time rendered by or on behalf of Orange Clover and/or persons associated with it, including its employees, partners, direct or indirect shareholders, group companies, advisors and third parties engaged by it.
Orange Clover will operate as sole contracting party (opdrachtnemer) rendering the services. Sections 404 (which relates to the situation where it is the client’s intention that an instruction be carried out by a specific person) and 407(2) (which imposes a joint and several liability where an instruction is given to two or more persons) of Book 7 of the Dutch Civil Code shall not apply.
A person associated with Orange Clover acts exclusively for the account and risk of Orange Clover when rendering services. These general terms may not only be invoked by Orange Clover but also by each person associated with or formerly associated with Orange Clover.
Any liability of Orange Clover is limited to the amount paid out under its professional indemnity and corporate liability insurance (beroeps- bedrijfsaansprakelijkheidsverzering) in that specific case, increased by the amount of the applicable own risk policy deductible (eigen risico). Claims for damages will expire if proceedings are not commenced in the competent court within one year of the discovery thereof.
The client indemnifies and holds Orange Clover and each person associated with or formerly associated with Orange Clover harmless from and against any and all third party claims, including legal and other costs, in any way arising from or connected to the services at any time rendered by or on behalf of Orange Clover and/or persons associated with it for the benefit of that client, unless such claims result from wilful misconduct (opzet) or gross negligence (grove schuld) by Orange Clover.
The legal relationship (rechtsverhouding) between Orange Clover and its clients will be governed by Dutch law and any dispute between a client and Orange Clover will be resolved in first instance (in eerste instantie) exclusively by the District Court of Amsterdam.
Dutch legal concepts expressed in English terms in these general terms may not always be identical to the concepts described by the English terms as such terms may be understood under the laws of other jurisdictions. In case of discrepancies, the Dutch legal concept will prevail.
Orange Clover has published a complaints handling procedure on its website: www.orangecloverlaw.com. The complaints handling procedure applies to the relationship between Orange Clover and its clients.