Terms & Conditions

1. The Counsel Company (“TCC”) is a trade name of the sole proprietorship Nelissen Legal Services of Mr. Willem Johannes Nelissen, under which name he provides (online) legal services.
2. TCC is registered in the Dutch trade register under number: 77847040.
3. Each counterparty of TCC is referred to as a client in these general terms and conditions. These general terms and conditions apply to all quotations, offers, activities, agreements, and deliveries of services by or on behalf of TCC.
4. Deviation from these conditions is only possible if this has been expressly agreed in writing by the parties.
5. Only TCC is regarded as the contractor towards the client. WJ Nelissen, aforementioned, who performs professional activities under the aforementioned trade name, TCC, acts exclusively in the capacity stated under 1 above in the performance of his activities.
6. TCC is not liable for any damage resulting from any assignment, unless TCC caused such damage intentionally or with gross negligence. In the event that TCC owes compensation to the client, the damage will not exceed TCCs fee.
7. Any liability of TCC and / or - insofar as applicable - mr. Nelissen, aforementioned, is limited to the amount that is paid out under the professional liability insurance policy taken out by TCC, increased by the amount of the deductible that, according to the policy terms, are not borne by the insurer(s). For completeness’ sake: the aforementioned insurance completely excludes coverage with regards to due diligence.
8. Any right to compensation for damage caused by TCC lapses 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
9. These general terms and conditions may also be invoked by those natural and / or legal persons who are directly or indirectly affiliated with TCC and who are involved in any way in the services provided by or on behalf of TCC.
10. TCC usually bills monthly, but can also bill more or less frequently. Payment is due within 30 days following the invoice date and the statutory interest applicable in the Netherlands starts to run after that payment term is exceeded.
11. Payments are made without any recourse to suspension or settlement by transferring the amount due to the bank account number specified by TCC.
12. Unless otherwise agreed in writing, TCC will invoice you on the basis of time worked at the applicable hourly rates agreed in writing. You are also obliged to pay any disbursements (“ verschotten ”).
13. All amounts are exclusive of any VAT and other taxes, unless explicitly stated otherwise.
14. The client will make all information relevant to the execution of the assignment available to TCC. The client is obliged to provide all information and documents that TCC believes it needs for the correct execution of the assignment, in a timely manner and in the desired form and in the desired manner.
15. The client guarantees the correctness, completeness, and reliability of the data and documents made available to the service provider, even if these originate from third parties, insofar as the nature of the assignment does not dictate otherwise.
16. The client indemnifies TCC against any damage in any form whatsoever arising from the non-delivery, late delivery, incomplete and / or incorrect delivery and / or availability of the information required for the assignment.
17. The client is free to terminate the assignment to TCC at any time. When the client withdraws the assignment, the client is obliged to pay the fee owed and the expenses incurred by TCC.
18. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part of TCC in the fulfillment of any obligation towards the client cannot be attributed to TCC in the event of a circumstance independent of TCC's will, as a result of which the performance of its obligations is wholly or partially prevented towards the client or as a result of which the fulfillment of its obligations cannot reasonably be expected of TCC. These circumstances also include defaults on the part of suppliers or other third parties, power failures, computer viruses, strikes, bad weather conditions and work interruptions.
19. If a situation as referred to above arises as a result of which TCC is unable to meet its obligations towards the client, those obligations will be suspended as long as TCC cannot meet its obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part. In that case TCC is not obliged to pay compensation for any damage, even if TCC enjoys any advantage as a result of the force majeure situation.
20. All electronic communication, including e-mail, is considered in writing. You acknowledge that electronic communication is not secure and could be intercepted, manipulated, infected, delayed or wrongly sent (by),including viruses and spam filters. The applicability of Article 6: 227b paragraph 1 of the Dutch Civil Code, which relates to the provision of information in e-commerce transactions, and of Article 6: 227c of the Dutch Civil Code, which relates to the way in which e-commerce transactions are concluded, is hereby expressly excluded if you act in the exercise of a profession or business.
21. The relationship between a client and TCC is governed by Dutch law. Only the court in Amsterdam will be competent to hear any dispute between the client and TCC, without prejudice to the right to appeal.