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General Terms and Conditions of IDLegal

1. When in these General Terms and Conditions of IDLegal (the “Terms & Conditions”) IDLegal is used, it shall mean the law firm of Ingelise Driehuis, having its office at (2242 CM) Wassenaar, the Netherlands, at Victorialaan 7. In its practice of law, IDLegal may, from time to time, be assisted by third parties engaged by it in the performance of assignments given by clients.

2. These Terms & Conditions shall apply to: (a) any and all assignments received by IDLegal from clients and which have been confirmed by IDLegal in writing or which are performed by IDLegal and (b) all services rendered by IDLegal. If a client is a professional party, the applicability of the provisions of article 6:227b paragraphs 1 and 5 and article 6:227c of the Dutch Civil Code is explicitly excluded.

3. IDLegal shall exercise due care when performing a client’s assignment and when selecting a third party for the performance of an assignment given by a client.

4. a. In the event an event occurs which leads to IDLegal’s liability, IDLegal’s liability towards the client shall, irrespective of the legal basis for a claim, be limited to the amount which is paid out under the professional liability insurance taken out by IDLegal in the matter concerned, to be increased with the amount of the deductible which must be borne by IDLegal in the matter concerned. An event as referred to in this article also includes a failure to act.

b. In the event that, irrespective of the reason thereof, the professional liability insurance referred to in article 4.a does not pay out, IDLegal’s liability shall be limited and maximized to the last amount invoiced by IDLegal in the matter concerned, exclusive of VAT, disbursements and costs.

c. The limitations of liability referred to in this article 4 shall not apply in the event of gross negligence (in Dutch: “bewuste roekeloosheid”) or willful intent (in Dutch: “opzet”) of IDLegal.

5. The provisions of these Terms & Conditions are not only made for the benefit of IDLegal but also for third parties engaged by IDLegal in the performance of an assignment given by a client. IDLegal shall not, irrespective of the legal basis for a claim, be liable for mistakes made by and/or the non-performance of third parties engaged by it. If third parties as referred to in this article wish to limit their liability, IDLegal is hereby authorized by the client to accept such limitation of liability on the client’s and its own behalf.

6. IDLegal shall charge an hourly rate which is exclusive of office charges, disbursements, expenses, travel expenses, costs of third parties, costs of a bailiff, court fees and other similar costs and exclusive of VAT. If a fixed fee for an assignment or a series of assignments is agreed, it is exclusive of office charges, disbursements, expenses, travel expenses, costs of third parties, costs of a bailiff, court fees and other similar costs and exclusive of VAT.

7. IDLegal shall invoice on a monthly basis. Payments shall be made within 14 calendar days from the invoice date to a bank account indicated by IDLegal, unless agreed otherwise in writing. Unless agreed otherwise in writing, a client shall pay invoices of third parties that have been engaged by IDLegal for this client's benefit and with this client's permission directly to these third parties.

8. These Terms & Conditions have been drafted in the Dutch and English language. In the event of a conflict or inconsistency between one or more provisions of the Dutch version and one or more provisions of the English version, the Dutch version of the Terms & Conditions shall prevail.

9. The legal relationship between IDLegal and a client shall be governed by Dutch law. Any disputes which may arise between IDLegal and a client, including disputes regarding these Terms & Conditions, shall be submitted to the exclusive jurisdiction of the competent court in The Hague, the Netherlands.

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