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Article 1: Yuen Advocaten
1.1 Yuen Advocaten is a limited liability company whose purpose is to conduct the practice of attorney and legal advisor, in the broadest sense of the word.
1.2 Yuen Advocaten is registered at the Dutch Chamber of Commerce (number 24358443).

Article 2: Scope
2.1 The clauses in these General Terms and Conditions have been included not only for the benefit of Yuen Advocaten, but also for the benefit of all persons working for Yuen Advocaten or persons that have been working for Yuen Advocaten and all persons engaged by Yuen Advocaten in the execution of any instructions and all persons for whose acts or omissions Yuen Advocaten could be liable.
2.2 These General Terms and Conditions are applicable to every assignment accepted by Yuen Advocaten and to every supplemental and further assignment of client.
2.3 These General Terms and Conditions have been drawn up in Dutch and in various other languages. The Dutch text shall be binding in the event of any difference in content or tenor.

Article 3: The agreement
3.1 A contract for professional services shall be formed with Yuen Advocaten as such. This applies even if the client’s explicit or implicit intention was that a specific person carries out the instructions. The effect of Article 7:404 of the Dutch Civil Code, which contains rules for the latter case, and the effect of Article 7:407(2) of the Dutch Civil Code, which establishes several liability in cases in which instructions are given to two or more persons, are excluded.
3.2 Yuen Advocaten is free to arrange for instructions to be carried out under its responsibility by the members of staff of Yuen Advocaten to be nominated by it, with the engagement of third parties as the occasion arises.

Article 4: Liability
4.1 If the carrying out of instructions by Yuen Advocaten leads to liability, this liability shall in each case be limited to the amount paid out in the case concerned under the relevant liability insurance of Yuen Advocaten, plus the deductible that is for Yuen Advocaten’s account under the relevant insurance agreement in the case concerned. For claims, a time limit of 1 year applies, starting from the date client became aware of the grounds he appeals to, or from the date he reasonably could have known these facts.
4.2 If no payment should take place for any reason under the insurance referred to in Article 4.1, any liability is limited to the amount charged by Yuen Advocaten.
4.3 The instructions that have been given shall be carried out exclusively for the client. Third parties cannot derive any rights from the content of the work carried out.
4.4 Yuen Advocaten is not liable for third party negligence and/or non-fulfilment of obligations.
4.5 Yuen Advocaten is authorised to accept limitations of liability by third parties on behalf of the client.

Article 5: Confidentiality
5.1 Unless any law, guideline or other (professional) regulation requires her to do so, Yuen Advocaten is obliged to keep confidentiality toward third parties regarding confidential information obtained through the client. Client can give exemption from this.
5.2 Unless given permission in writing, Yuen Advocaten does not have the right to use the confidential information obtained through the client for any other purpose than for what is was obtained for. An exemption is made if Yuen Advocaten will act for herself in a disciplinary-, civil- or criminal proceeding in which the information can be relevant.
5.3 Yuen Advocaten and the client will oblige third parties engaged by them to abide by this article.

Article 6: Obligations of the client
6.1 If the client allows a third party to take notice of the content of the work carried out by Yuen Advocaten for the benefit of the client, the client shall bring these General Terms and Conditions to the attention of the third party and ensure that they are also accepted by this third party.
6.2 Client indemnifies and holds harmless Yuen Advocaten and its auxiliary persons against claims by third parties who claim that they have suffered damage as a result of or in connection with the work carried out by Yuen Advocaten on behalf of the client or against claims by third parties who claim that they have suffered damage as a result of a disclosure mistakenly made by Yuen Advocaten or one of its employees or other auxiliary persons under the Dutch Disclosure of Unusual Transactions (Financial Services) Act, except in cases of intent or wilful recklessness on the part of Yuen Advocaten.
6.3 Payment of the invoices of Yuen Advocaten shall take place within 14 days of the invoice date, without suspension or set off. Except if the client protests promptly upon receipt of the invoice of Yuen Advocaten, Yuen Advocaten and its third-party account foundation (“Stichting Beheer Derdengelden”) are entitled to set-off monies received for or from the client against, or use them in payment of, whatever the client owes Yuen Advocaten.

Article 7: Fees
7.1  Unless otherwise agreed between Yuen Advocaten and client, the honorarium of Yuen Advocaten will be calculated by multiplying the amount of hours worked with the annually determined hourly fees. The minimum time registration is 6 minutes. Besides the agreed honorarium, Yuen Advocaten will charge client:
- All costs of third parties involved by Yuen Advocaten (“verschotten”); 
- General office costs (including but not limited to telephone, fax and copying   costs) of 6% of the total amount of honorarium;
- Travel expenses;
- Value added tax (if applicable).
7.2 The invoice must be paid within 14 days after the date of the invoice. If no payment is received on the 15th day, Yuen Advocaten is authorised to charge EUR 25,00 administration costs and a compounded legal interest with a minimum of EUR 15,00. The interest is calculated over full months. All judicial or extra judicial costs connected with the collection of outstanding amounts - with a minimum of 15% over and above the amount to be collected - shall be for the client’s account. Judicial costs are not limited to the nominal costs of the procedure awarded by the court, but shall be for the account of the client in full if it is judged to be in the wrong (to a preponderant degree).
7.3 Yuen Advocaten is entitled to amend its basic hourly fee and costs charged by it for travel expenses for travel by car, air carrier or train. If the amendment involves an increase of more than 10%, or if an increase takes place within three months of the contract for professional services between Yuen Advocaten on the one hand and the client on the other hand coming into effect, the client shall be entitled to dissolve the agreement. The right to dissolve lapses on the 15th day after the invoice date of the first invoice sent to the client after the increase of the basic hourly fee and/or the aforementioned costs for travel expenses.

Article 8: Duty to inform
8.1 These General Conditions will be attached to every quotation or offer by Yuen Advocaten.
8.2 These General Conditions can be viewed at the website of Yuen Advocaten: www.yuenadvocaten.nl
8.3 On request, Yuen Advocaten shall send the client a copy of these General Conditions by mail.

Article 9: Miscellaneous
9.1 Dutch law applies to all agreements between client and Yuen Advocaten.
9.2 Disputes shall be settled exclusively by the competent court in the court district in which Yuen Advocaten has its registered office. Yuen Advocaten does nevertheless have the right to submit disputes to the competent court in the client’s place of domicile.

Version May 2011.