- Stek Advocaten B.V. (“Stek”) is a limited liability company (besloten vennootschap met beperkte aansprakelijkheid) incorporated under the laws of the Netherlands, whose object is to conduct the practice of law. A list of the persons who own shares in Stek through their holding companies (the “Partners”) shall be provided upon request.
- All assignments to Stek or (legal) persons related to Stek are considered to have been exclusively given to and accepted by Stek. This shall also apply if the client expressly or implicitly intends the assignment to be performed by a specific person. “(legal) persons related to Stek” includes but is not limited to: all and any (current, former and future) employees, advisors, Partners and group companies of Stek, the third party funds foundation Stek Advocaten (Stichting Derdengelden Stek Advocaten) and all and any (legal) persons which at the request of Stek have performed or will perform any activities. The operation of articles 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code is excluded.
- If, in the context of the performance of an assignment, an event occurs which leads to liability, then such liability shall be limited to the amount which is paid out under the professional liability insurance taken out by Stek, plus the amount of the deductible which must be borne by Stek pursuant to the insurance policy in the matter concerned. Such event may include a failure to act.
- These General Conditions apply to every assignment given to Stek, including supplemental assignments, follow-up assignments and new assignments as well as all and any legal relationships related thereto. If a supplemental assignment, follow-up assignment or new assignment is given by a (legal) person related to the original client, these General Conditions also apply to such supplemental assignment, follow-up assignment or new assignment and the original client guarantees that these General Conditions apply to such supplemental assignment, follow-up assignment or new assignment. The operation of articles 6:227b paragraph 1 and 6:227c of the Dutch Civil Code concerning (the provision of information and coming into existence of) e-commerce transactions is explicitly excluded in case the client is acting in the exercise of profession or business.
- The provisions in these General Conditions are made for the benefit not only of Stek, but also the (legal) persons related to Stek as referred to in article 2 of these General Conditions. All that is stipulated in these General Conditions for the benefit of Stek and the (legal) persons related to Stek shall be considered as irrevocable third party stipulation made for free (onherroepelijk derdenbeding om niet) in the meaning of article 6:253 of the Dutch Civil Code. The (legal) persons related to Stek are not liable for any damage caused by or related to the performance or non-performance of any assignment or any part thereof.
- Stek shall take the necessary due care in selecting third parties to be engaged in carrying out an assignment and shall, insofar as possible, consult with the client in advance about such engagement. Stek is not liable for any acts or omissions of third parties. The client hereby authorizes Stek to accept any limitations of liability of third parties on its behalf.
- Stek is authorized to make use of (digital) means of communication and communication services and (digital) means and services for the storage of data, whether or not provided by third parties. Stek is not liable for any damage that may, directly or indirectly, result from or relate to the use of such means or services. Stek is not liable for any damage that may, directly or indirectly, result from or relate to the interception, manipulation, infection or delay in (transportation of) electronic messages and documents or wrongful (transportation of such) messages or documents, including but not limited by viruses or hacks.
- Without prejudice to anything contained in these General Conditions, all and any liability for damage lapses 1 year after the client has become aware of the damage and the liability of Stek for such damage.
- Whether or not in relation to an assignment, Stek is authorized to process, store and make known to all (legal) persons related to Stek as referred to in article 2 of these General Conditions the (personal) data of the client in connection with the performance of an assignment to Stek or for the purpose of relationship management.
- Stek’s office complaints procedure, which complies with relating regulations under the Dutch Act on Advocates (Advocatenwet), applies to all client assignments. This office complaints procedure can be found on Stek’s website www.stek.com and a copy thereof will be made available on request.
- These General Conditions are available in the Dutch, English and German language. In the case of any discrepancy as to the contents and purport of these conditions, the Dutch text shall take precedence.
- The legal relationship between Stek and its clients shall be governed by Dutch law and Dutch law is applicable to these General Conditions (including but not limited this article 12). Any dispute, including but not limited to any claim for damages on whatever grounds) shall be exclusively submitted to the competent court in Amsterdam, the Netherlands.
Stek Advocaten B.V. has its corporate seat in Amsterdam, the Netherlands and is registered with the Dutch trade register in Amsterdam under number 34215701.