Terms

General Terms and Conditions for Legal Services by Upgrade Legal

General
These general terms and conditions apply to every service agreement for legal services between Upgrade Legal and the Client, including subsequent assignments resulting from it. Upgrade Legal is registered with the Chamber of Commerce under number 78262941. An assignment also includes any modification or addition to the assignment, as well as all agreed (legal) actions in preparation and execution of that assignment.

Execution of Assignment and Engagement of Third Parties
Upgrade Legal is obligated to carry out the assignment to the best of its abilities and as a diligent professional. Upgrade Legal cannot guarantee the achievement of any intended result. Upgrade Legal is entitled, during the execution of the assignment, to use qualified individuals under its own responsibility, subject to prior written agreement by the Client. Third parties cannot derive any rights from the service agreement, the performed work, or any results arising from the assignment.

Information
The Client provides Upgrade Legal with all information that may be relevant for the proper execution of the assignment and vouches for the accuracy and completeness of this information.

Confidentiality
Upgrade Legal is obliged to maintain confidentiality towards third parties, unless there is a legal duty to disclose. Upgrade Legal is not entitled to use the information (including personal data) provided by the Client for any purpose other than the one for which this information was obtained.

Fees and Invoicing
Unless otherwise agreed in writing, Upgrade Legal’s fee is calculated by multiplying the number of hours worked by the hourly rate per unit of time and increased by the costs incurred by Upgrade Legal, insofar as separately agreed. All amounts are exclusive of 21% VAT. Upgrade Legal’s invoice must be paid within 14 days from the invoice date, without suspension, deduction, discount, or setoff of amounts. If payment is not made within that period, the Client is in default without a reminder.

Liability
Upgrade Legal’s liability is limited to the amount that is paid out under Upgrade Legal’s professional liability insurance in the respective case, including the applicable deductible. If Upgrade Legal’s insurer decides not to make any payment for any reason, Upgrade Legal’s liability is limited to the total fee received by Upgrade Legal for the respective assignment, with a maximum of €5,000. The Client indemnifies Upgrade Legal against all third-party claims (including legal costs arising therefrom) in any way related to the services for the Client.

Applicable Law and Disputes
All agreements between the Client and Upgrade Legal to which these general terms and conditions apply are governed by Dutch law. Disputes are exclusively submitted to the court in Haarlem.