Terms and Conditions

Onze Nederlandstalige Algemene Voorwaarden zijn hier te vinden.

1. Mount Law. Mount Law is a partnership established under Dutch law with the aim of providing legal advice and practicing the legal profession. Mount Law is registered with the Chamber of Commerce under number 7640369 and has its office at Herengracht 458 (1017CA) in Amsterdam.

2. Applicability of general terms and conditions. Mount Law provides its services subject to the applicability of general terms and conditions. These general terms and conditions are included below and available via www.mountlaw.nl/termsandconditions. These general terms and conditions apply to every legal relationship, including assignments, follow-up assignments or additional assignments, between Mount Law and the client. The applicability of any general terms and conditions used by the client is excluded.

3. Related persons or legal entities. All assignments to Mount Law or persons or legal entities associated with Mount Law are deemed to have been given exclusively to Mount Law, even if the client has tacitly or explicitly given the assignment with a view to its execution by a specific person. The term 'persons or legal entities associated with Mount Law' in any case means all those who are involved in the performance of the assignment for or on behalf of Mount Law, including but not limited to the partners of Mount Law, directors of the Stichting Derdengelden Mount Law, employees of Mount Law, advisors of Mount Law and auxiliary persons engaged by Mount Law. The applicability of articels 7:404, 7:407(2) and 7:409 of the Dutch Civil Code (Burgerlijk Wetboek) is excluded.

4. Limitation of liability. If, during the execution of the assignment, an event occurs that leads to liability, that liability will be limited to the amount paid out under the professional liability insurance taken out by Mount Law in the case in question, increased by the amount of deductibles (eigen risico) payable by Mount Law under the insurance agreement in the case in question. An event as referred to in the first sentence also includes an omission. If, in any case, the insurer fails to pay out, the total liability is limited to the amount invoiced in relation to the assignment. A claim will in any event lapse if the client fails to notify Mount Law in writing of the possible liability within one year of the client becoming aware of an event or circumstance that may give rise to liability.

5. Waiver. By giving the assignment to Mount Law, the client waives the right to hold persons or legal entities associated with Mount Law as referred to in Article 3 liable for any reason whatsoever.

6. Means of communication. Mount Law has permission from the client to communicate with the client by non-secure electronic means, including e-mail, fax and telephone. When communicating, Mount Law is entitled to make use of (digital) means of communication and/or services, whether or not offered by third parties, and (digital) data storage services. Mount Law is in no way liable for any damages directly or indirectly resulting from the use of such means of communication and/or services, nor for damages caused by or resulting from the interception, infection, manipulation, delay or (incorrect) forwarding of electronic messages and documents, including viruses and 'hacks'.

7. Indemnification. The client indemnifies Mount Law against all claims by third parties, including the costs of legal assistance, which are in any way related to the work carried out for the client, unless these claims are the result of intent or gross negligence on the part of Mount Law.

8. Auxiliaries. When engaging third parties, Mount Law will exercise due care and consult with the client in advance as much as possible. Mount Law is not liable for errors or shortcomings of third parties in the execution of their work. Mount Law is authorised by the client to accept, on behalf of the client, any limitations of liability and other general terms and conditions used by third parties.

9. Invoicing. The client shall owe a fee, a compensation for general office expenses, disbursements and - if applicable – VAT (btw). These items shall be invoiced once a month. Invoices must be paid within the term indicated on the invoice. If payment is not received within the term indicated on the invoice, the client shall be deemed to be in default without further notice of default and Mount Law shall be entitled to charge the statutory interest.

10. Third-party clause. The stipulations in these general terms and conditions have not only been made for the benefit of Mount Law, but also for the benefit of all persons or legal entities associated with Mount Law as referred to in Article 3. Everything that has been stipulated for the benefit of Mount Law shall be deemed to be an irrevocable third-party clause within the meaning of Article 6:253 of the Dutch Civil Code. Persons or legal entities related to Mount Law may therefore also invoke the limitations of liability, waivers and indemnities formulated in these general terms and conditions. The applicability of Section 6:254 of the Dutch Civil Code is excluded.

11. Personal data. Mount Law is entitled, whether or not in the context of the assignment, to process, store and notify the personal data of the client and/or persons working for it to all persons or legal entities associated with Mount Law, as referred to in Article 3, in connection with the execution of the assignment granted to Mount Law and for the purpose of relationship management.

12. Complaints procedure. A complaints procedure applies to the legal relationship between Mount Law and the client. This complaints procedure complies with the regulations laid down in the Dutch Lawyers Act (Advocatenwet) in this respect. The complaints procedure can be found on www.mountlaw.nl/complaints.

13. Language versions. These general terms and conditions have been drawn up in Dutch and English. In the event of a dispute about the content or purport of these general terms and conditions, the Dutch text shall be binding.

14. Applicable law and choice of law. The legal relationship between Mount Law and the client is exclusively governed by Dutch law. Any disputes between the client and Mount Law shall be submitted exclusively to the competent court in Amsterdam.

Amsterdam, January 2024