Terms and Conditions
The most recently published version of our general terms and conditions applies to all our work, to the exclusion of any other general terms and conditions. We will send it again on first request.
Article 1. Applicability
1.1. The Client can instruct Dismissaljurist.com to perform legal activities. In that case, the parties will conclude an oral or written assignment agreement. These general terms and conditions apply to such an assignment agreement, to the exclusion of any other applicable general terms and conditions. The same applies to other conduct of or on behalf of Ontslagjurist.com in connection with the assignment.
1.2. These general terms and conditions also apply to the legal relationship with anyone who uses the website www.dismissaljurist.com . User is understood to mean: anyone who uses the website www.ontslagjurist.com visits, reads or prints documents on them or purchases services, or a combination of these.
1.3. Changes and additions to these terms and conditions will be published online and are effective immediately after online publication.
Article 2. Communication
2.1. Client accepts that the language in which Ontslagjurist.com performs activities is Dutch and English. In the case of legal proceedings in the Netherlands, the language of the proceedings is in principle Dutch. The client is free to have documents translated. Any translation costs will be borne by the client.
2.2. In principle, Ontslagjurist.com communicates exclusively electronically. Ontslagjurist.com does not guarantee the correct and complete transmission of the content of a sent e-mail, nor for its timely receipt. In the event of written communication between the client and Ontslagjurist.com - which expressly also includes electronic communication within these general terms and conditions - the client bears the associated risk of inaccuracies, misunderstandings, delays, mutilations and the failure or improper transmission of communications and assignments.
Article 3. Third parties
3.1. Ontslagjurist.com is authorized to make use of third parties in the performance of assignments from the client and to conclude agreements with these third parties on behalf of the client, at the expense of the client. When engaging third parties, Ontslagjurist.com will exercise due care and discuss the selection of these third parties with the client if this is reasonably possible.
3.2. Any liability for shortcomings of these third parties is excluded.
3.3. Client authorizes Ontslagjurist.com to accept terms and conditions of third parties on behalf of client, including any limitations of liability of third parties.
Article 4. Incorrect data
If Ontslagjurist.com has provided the client with data, while at the time of delivery it was or should have been aware of defects in or invalidity of that data, it is obliged to supply data of the same type without defects.
Article 5. Change of services
Ontslagjurist.com is at all times entitled to unilaterally refuse work, to change it in the interim, to expand, to suspend or to terminate it, without this creating any obligation on the part of Ontslagjurist.com to compensate damage or costs to the client or related parties. persons. A legal act within the meaning of this article takes place by written confirmation to the client by letter, e-mail or other electronic means of communication.
Article 6. Fee
6.1. If the client instructs Ontslagjurist.com to perform legal activities and this assignment is accepted by Ontslagjurist.com, then Ontslagjurist.com will charge the client the usual hourly rate of EUR 175 ex 21% VAT (EUR 211, 75 including VAT).
6.2. At the sole discretion of Ontslagjurist.com, the parties can agree on a written payment arrangement (such as, for example, based on a success fee; no cure no pay; or pro bono). In that case, the parties will further describe and agree this in their assignment agreement.
Article 7. Declarations
7.1. Activities are charged periodically. The payment term is a period of 14 days after the invoice date, unless a different payment term has been expressly agreed.
7.2. The Client will pay the invoices at the latest on the due date (deadline). If payment is not made within the term, Ontslagjurist.com is entitled to charge the statutory interest to the client after the payment term has expired. If payment is not made after a reminder, Ontslagjurist.com is also entitled to claim compensation for the extrajudicial collection costs amounting to 15% of the principal sum, with a minimum of € 150. In the event of non-payment of the work by the client, Ontslagjurist.com is entitled to suspend its work until payment has been made, with exclusion of any liability on the part of Ontslagjurist.com for damage that may arise as a result.
Article 8. Inaccuracies
In the event that a statement by Ontslagjurist.com or in the execution of any assignment by Ontslagjurist.com is incorrect, both Ontslagjurist.com and the client are obliged to inform the other party without delay and to rectify the damage. to cooperate with the mistake made. If the client does not dispute statements, information or documents sent to him by Ontslagjurist.com within one month after they can reasonably be deemed to have been received by him, or against the manner of execution of an assignment within the time limit for the relevant case If an objection is lodged in the applicable reasonable period, these and the execution shall be deemed to have been approved by the client.
Article 9. Shortcomings
9.1. If the client violates his obligations under a legal relationship with Ontslagjurist.com, what the client owes under that legal relationship is immediately due and payable.
9.2. Ontslagjurist.com is entitled to refuse to hand over that which it has or will have for the client, until it has been paid what the client owes it due and payable in that case.
9.3. All monies that Ontslagjurist.com owes or will owe to the client, whether due or not, Ontslagjurist.com may, after considering any other collection options, set off against what it, for whatever reason, is or will be due and payable from the client. have.
Article 10. Liability
10.1. If the client has suffered damage, for whatever reason, it can hold Ontslagjurist.com liable. Liability must be made in writing and with reasons, by registered post or by bailiff's writ.
10.2. The client reports a (possible) liability towards Ontslagjurist.com no later than three months after the event-causing event became known to the client or could reasonably have become known, on pain of forfeiture of the right to claim compensation (and insofar as this expiry period is judged to be too short , at the latest within one year).
10.2. The liability of Ontslagjurist.com towards the client for a damage-causing incident (or a related series of damage-causing incidents) is at all times limited to a maximum of the amount excluding VAT and excluding costs and interest that Ontslagjurist.com in the 12 months prior to the institute a claim to that client and has actually received payment, with a maximum of EUR 10,000.
10.3. Ontslagjurist.com is never liable for indirect or consequential damage in the broadest sense of the word, at least occurring in case law. This includes in any case: loss of income, loss of (future) earning capacity, loss of a (future) benefit, damage to health, opportunity costs, travel and accommodation costs, external costs, costs of legal assistance, bailiff costs, court fees, attachment costs, extrajudicial costs , replacement costs, reputational damage, immaterial damage, loss of opportunity and interest (in whatever form). It is irrelevant on what contractual or non-contractual basis the damage is claimed or as a result of any cause, negligence or omission that may have arisen.
10.4. The provisions of art. 10.2 and 10.3 do not apply in case of intent or deliberate recklessness on the part of Ontslagjurist.com. In that case there is full liability.
10.5. Client indemnifies Ontslagjurist.com against all claims by third parties with regard to damage, costs and interest to be suffered by them, from whatever cause, insofar as this is related to the (performance of the) assignment agreement by Ontslagjurist.com.
Article 11. Force majeure
For the consequences of force majeure, including in any case decisions and measures by the government, international conflicts, strikes, violent or armed actions, industrial disturbances, illness, incapacity for work, announced holidays, viruses, failure of communication/electricity/internet, weather influences, Disruptions in companies or institutions whose services are used, exclusions and boycotts, Ontslagjurist.com is not liable.
Article 12. Protection of privacy
The information provided by the client will be treated confidentially. Under no circumstances will the data be provided to third parties without the client's consent, except to third parties engaged by Dismissaljurist.com in the context of the execution of the client's assignment.
Article 13. Miscellaneous
13.1. Ontslagjurist.com has a complaints procedure in which the interests of the client are represented as well and personally as possible. After a written complaint within a reasonable period of time after the cause has arisen, Ontslagjurist.com will try to resolve the cause of the complaint within thirty (30) days in good consultation. If this proves impossible, and the seriousness and weight of the complaint give rise to this, Ontslagjurist.com may decide to refund the payment received for the relevant (part) service.
13.2. Unless Ontslagjurist.com has received notifications to that effect in writing and could reasonably take cognizance thereof, no change can be invoked against Ontslagjurist.com on a change in the decision-making authority of the client or those who represent the client towards Ontslagjurist.com, nor on a change. , revocation or otherwise lapse of powers.
13.3. Insofar as one or more provisions in the assignment agreement or this Ontslagjurist.com would be legally impermissible, the parties will consult without delay and are obliged to make a new agreement, which comes as closely as possible to the party's intention as reflected in these general terms and conditions.
13.4. Dismissaljurist.com is not a law firm and does not employ any lawyers.
13.5. In principle, Ontslagjurist.com only performs legal activities in the field of employment law and agency dismissal under Dutch law, or in drawing up (related) agreements under Dutch law. Where appropriate, Ontslagjurist.com will point out to the client the option of engaging expert third parties. If and insofar as Ontslagjurist.com negotiates, advises or litigates on other issues, whether or not at the request of the client, the client realizes that these are non-expert activities ('best effort').
13.6. On the basis of the law, Ontslagjurist.com may only litigate in the first instance. Dismissaljurist.com may not seize any (preservative) attachment; go in appeal; or on appeal. If the law makes the engagement of a lawyer mandatory, Ontslagjurist.com will inform the client about this. If desired, Ontslagjurist.com can suggest a competent lawyer or bailiff.
13.7. If and insofar as these general terms and conditions and the order confirmation contain conflicting provisions, the conditions included in the order confirmation will prevail.
Article 14. Disputes and applicable law
14.1. Dutch law applies exclusively to the execution of the assignment agreement between Ontslagjurist.com and the client, as well as to all other contractual and extra-contractual legal relationships that are concluded subsequently or by extension thereof, including IPR.
14.2. The competent court in the district of Oost-Brabant, location 's-Hertogenbosch, has exclusive jurisdiction to hear disputes in connection with the assignment agreement between Ontslagjurist.com and the client, as well as on all other contractual and extra-contractual legal relationships concluded in continuation thereof, or by extension thereof.
Buyserd Legal Advice
also called Dismissaljurist.com
The Squad 17
5258 EZ Berlicum
the Netherlands
Chamber of Commerce: 60788542
VAT: NL003557776B80
Version: January 1, 2022