General Terms and Conditions

1. These conditions govern all work performed or to be performed by or on behalf of: (i) Bradars B.V., a private company with limited liability organized under Dutch law, with its registered office in Amsterdam, the Netherlands, and registered at the Trade Register of the Chamber of Commerce under number 77726510. The natural persons who are indirect shareholders in the capital of Bradars B.V. are referred to as “partners” in these conditions. Bradars B.V. hereinafter is referred to as “Bradars”.
2. The term “persons affiliated with Bradars” includes those who are, have been, or will be partners, direct and indirect shareholders in Bradars, and others presently and future affiliated with Bradars in capacities such as managing director, employee, adviser, or freelancer. A reference to “persons” includes natural persons, legal entities, and other entities.
3. The term “client” denotes a person who enters or will enter into a service contract or other agreement with Bradars, or who otherwise has a legal relation with Bradars in respect of the provided work. The term “work” includes services and other performances of any nature.
4. All engagements are accepted and performed exclusively by Bradars. This applies even if it is explicitly or implicitly intended that the engagement be carried out by one or more persons affiliated with Bradars. The applicability of Sections 7:404 and 7:407(2) of the Dutch Civil Code is explicitly excluded. This clause applies analogously if work is performed otherwise than under a service contract.
5. If Bradars engages a third party, not being a person affiliated with it, concerning the work assigned to Bradars, that third party is selected with due care. Bradars is not liable for any error or breach by that third party in performing their work. Bradars may accept, on behalf of the client, a liability limitation stipulated by a third party.
6. Any liability of Bradars for work performed by or on behalf of Bradars, or related to a service contract or other legal relationship entered into by Bradars, is limited to the amount paid or payable in that case under the professional liability insurance taken out by Bradars, increased by the amount of the deductible payable by Bradars under the insurance in that case. This liability limitation applies irrespective of the legal basis of that liability.
7. If for some reason no payment is made in the case in question under the professional liability insurance taken out by Bradars, Bradars’ liability is limited to an amount of five hundred thousand euros (EUR 500,000), regardless of the legal basis.
8. All rights of claim against Bradars related to work performed or assigned to Bradars expire one (1) year after the date the client became aware, or could reasonably have been aware, of these rights of claim or of the loss and potential liability of Bradars. These rights of claim expire after two (2) years following the performance of the work by or on behalf of Bradars.
9. Any liability of persons affiliated with Bradars towards the client and third parties affiliated with the client is expressly excluded. The client hereby waives, also on behalf of the third parties affiliated with the client, all rights and claims they may have or acquire against the persons affiliated with Bradars.
10. These general conditions and the liability exclusions or limitations they contain may be relied on by and for the benefit of every person involved in performing the engagement or who becomes liable in that regard, and by the persons affiliated with Bradars and their successors by universal title.
11. Except in the event of intent or gross negligence on the part of Bradars, the client indemnifies Bradars and the persons affiliated with Bradars from and against all claims and actions that a third party may have or institute, respectively, against Bradars or a person affiliated with Bradars that arise from or are related to work performed for the client by or on behalf of Bradars. This indemnity includes the cost of legal assistance.
12. Clauses 4, 9, 10, and all other provisions of these general conditions intended to create rights for the benefit of persons affiliated with Bradars are also intended as irrevocable third-party clauses, for the benefit of the persons affiliated with Bradars as per Section 6:253(4) of the Dutch Civil Code.
13. Unless otherwise agreed in writing, a fee is payable by the client to Bradars, calculated based on the number of hours worked, multiplied by the applicable hourly rates set by Bradars from time to time. In addition to the fee, the disbursements (external costs) incurred by Bradars on behalf of the client and compensation for general office costs are also payable by the client to Bradars. All amounts due are increased by the turnover tax due on those amounts at the rate that applies at that time.
14. The invoices of Bradars must be paid within fourteen days after the invoice date. In the event of late payment, Bradars has the right to charge the statutory interest on the unpaid amount from the fifteenth day after the invoice date.
15. Under the applicable legislation and regulations, including the Money Laundering and Terrorist Financing (Prevention) Act (the “Act”), Bradars must verify the identity of its clients and their ultimate beneficiaries and must report unusual transactions within the meaning of the Act to the authorities in certain circumstances. The Act prohibits Bradars from informing the client or any other party that such a report has been made.
16. Electronic communication, including email, is considered written communication. The client agrees to electronic communication and acknowledges its inherent risks. Bradars is not liable if any electronic communication is intercepted, manipulated, delayed, misdirected, or infected by a virus. If the client acts in a professional or commercial capacity, the applicability of Section 6:227b(1) of the Dutch Civil Code and Section 6:227c of the Dutch Civil Code is excluded.
17. Bradars may receive moneys from a client or a third party related to the performance of work that are credited to a bank account of Bradars at a bank designated by them. Bradars is not liable if that bank fails to perform its obligations under the current-account agreement with Bradars.
18. If the bank referred to in clause 17 charges Bradars negative interest in respect of the deposited moneys of the client or a third party, that negative interest is payable by that client or third party and is deducted from the deposited amount.
19. The following conditions apply to notarial work commissioned by consumers: (a) the notary observes all prevailing rules of professional conduct. Those rules are explained in the Spelregels voor notaris en consumenten consumer brochure drawn up by the Royal Dutch Association of Civil-Law Notaries in consultation with the Dutch Consumers Organisation and Dutch Home Owners Association. The brochure can be found at www.knb.nl or can be sent as a hard copy on request; and (b) the notary informs the client clearly and in a timely manner of the financial consequences of the services provided.
20. Bradars is the controller regarding the personal data processing related to its services. Bradars processes personal data in accordance with its Privacy Statement (https://www.bradars.com).
21. Bradars’ complaint procedure applies to work performed by or assigned to its attorneys. This complaint procedure applies to notarial services provided by Bradars. The complaint procedures can be found at https://www.bradars.com/complaints