Terms of Engagement

Terms of Engagement

Download the Standard Terms of Engagement of LEXSIGMA Healthcare (version januari 2017)

Standard Terms of Engagement for Legal Services

  1. These Standard Terms of Engagement for Legal Services are applicable to all offers and agreements in which the partnership LEXSIGMA Advocaten, also acting under the name LEXSIGMA Healthcare (Dutch Chamber of Commerce number: 53138953) provides services of any kind for a client of LEXSIGMA Healthcare (hereinafter referred to as: ‘Client’). Deviations from these Standard Terms of Engagement for Legal Services are only valid if LEXSIGMA Healthcare and Client have explicitly agreed upon these deviations in writing.

  2. All assignments by the Client to LEXSIGMA Healthcare – which includes additional and subsequent assignments – are accepted and carried out by the partnership LEXSIGMA Healthcare only. This also applies if the instruction by the Client is explicitly or implicitly intended to secure the execution of the instruction by a particular person. The articles 7:404 and 7:407 section 2 of the Civil Code of the Netherlands will not be applicable.

  3. Any and all liability of LEXSIGMA Healthcare is limited to the amount paid out, if any, under its professional liability insurance in the matter concerned, plus the amount of the own risk deductible that is not for the account of the insurer under the policy conditions in the matter concerned. Further information about the contents of the terms and conditions of the insurance policy will be provided upon request. In the event and to the extent that no amount is paid out under the professional liability insurance for whatever reason, any and all liability of LEXSIGMA Healthcare shall be limited to the amount (excluding VAT) actually invoiced by LEXSIGMA Healthcare to the Client in the matter concerned, up to a maximum of EUR 15.000.

  4. In engaging and instructing third parties, LEXSIGMA Healthcare shall in any event reasonably exercise the necessary due care. LEXSIGMA Healthcare is not liable for damage which is the consequence of failures of such third parties. The Client hereby authorizes LEXSIGMA Healthcare to accept any limitations of liability of third parties on the behalf of the Client.

  5. The performed services by LEXSIGMA Healthcare under assignment of the Client shall be exclusively for the benefit of the Client. Third parties shall have no rights relating to the contents of these performed services. The Client indemnifies and holds LEXSIGMA Healthcare harmless from and against any and all claims of third parties (including reasonable costs of legal assistance) relating to or arising in whatsoever manner from the activities carried out for the Client, unless they result from gross negligence or willful misconduct by LEXSIGMA Healthcare.

  6. All services and costs will be charged to the client periodically, with a payment term of fourteen (14) days to be calculated from the invoice date.

  7. In case of default, a default interest of 1% of the outstanding amount is due per month or a part of a month from the due date up until the payment date. The extrajudicial collection costs are set on a minimum amount of 15% of the outstanding invoice amount (inclusive VAT).

  8. In the event that LEXSIGMA Healthcare started legal collection proceedings (including arbitration and binding advice), Client is obliged to pay the full amount of costs in connection with these collection proceedings. These costs include the fees of attorneys, lawyers, representatives and the fees for arbitrators or binding advisors and fixed charges, also in the event that these costs exceed an order for costs of litigation based on article 237 and further of the Dutch Wetboek van Burgerlijke Rechtsvordering. Client is obliged to pay the full amount of these costs in any event that LEXSIGMA Healthcare invoked (internal or external) legal assistance or started collection proceedings, without the obligation to present any proof.

  9. If applicable, LEXSIGMA Healthcare is entitled to use received amounts in its third party account on behalf of the Client for settlement with her own invoices. If said settlement has taken place, LEXSIGMA Healthcare will duly inform the Client in writing.

  10. The legal relationship between the Client and LEXSIGMA Healthcare shall exclusively be governed by and construed in accordance with the laws of The Netherlands. Disputes arising from this legal relationship shall be submitted for resolution exclusively to the competent court(s) of the Netherlands.