General Conditions for the provision of services by the independent companies affiliated with DHK Nederland B.V.
- DHK Nederland B.V. is a private limited company established under Dutch law, having its registered office in Rotterdam, which aims to offer support in conducting their consultancy practice to each independent professional corporation, operating under its own name, which has concluded an affiliation agreement with DHK Nederland B.V. (hereafter referred to as: “Company”). Pursuant to the affiliation agreement, these General Conditions shall apply to all the activities performed by a Company.
- These General Conditions shall apply to all assignments that are given to a Company by a client and are accepted by (or on behalf of) this Company.
- Only the Company by (or on behalf of) which the assignment to perform activities was accepted shall be regarded as the contracted party in relation to the client. Articles 7:404 of the Civil Code of the Netherlands (Burgerlijk Wetboek) (which gives a regulation for cases in which it is intended that a granted contract must be performed by a certain person) and 7:407, paragraph 2 of the Civil Code of the Netherlands (Burgerlijk Wetboek) (which establishes joint and several liability for cases in which a contract has been granted to two or more persons) are not applicable.
- The person who is the direct or indirect shareholder of the Company shall act in the performance of professional activities exclusively at the expense and risk of the Company.
- Unless otherwise agreed, the Company to which the assignment is granted shall charge a fee for its activities on the basis of the number of hours worked multiplied by the applicable hourly rate.
- The Company shall in principle invoice for its work on a monthly basis. Unless otherwise stipulated on the invoice, the payment term is 14 days, to be calculated from the date of the invoice.
- The Company shall inform the client in advance if it wishes to engage third parties for the contracted activities or to perform some of those activities.
- These General Conditions can also be invoked by natural persons and legal persons that are directly or indirectly connected with the Company, or have been requested by it, or for which it can be held responsible, and that are involved in any way with the provision of services by or for the Company.
- Any liability of a Company is limited to the amount paid in the case at hand under the professional liability insurance, increased by the amount of the deductible on risk portion which is not for the account of the insurer according to the conditions of the policy.
- If, for any reason whatsoever, the insurer does not pay out on the basis of the professional liability insurance referred to in point 9., the liability of the Company is limited to three times the amount of the fee charged by the Company for the assignment concerned.
- These General Conditions are drawn up in Dutch, English and German. In the event of any dispute about the content or tenor of these General Conditions, the Dutch text shall be binding.
- The relationship between a client and the Company shall be governed by Dutch law.
- Disputes between the client and the Company shall be subject to the exclusive jurisdiction of the competent Dutch court in Rotterdam.