{"id":1513,"date":"2020-10-04T08:42:42","date_gmt":"2020-10-04T07:42:42","guid":{"rendered":"https:\/\/counselcompany.nl\/?page_id=1513"},"modified":"2020-10-08T11:19:19","modified_gmt":"2020-10-08T10:19:19","slug":"algemene-voorwaarden","status":"publish","type":"page","link":"https:\/\/counselcompany.nl\/en\/policies-disclaimers\/algemene-voorwaarden\/","title":{"rendered":"Terms &amp; Conditions"},"content":{"rendered":"<ol>\n<li>The Counsel Company (\u201cTCC\u201d) is a trade name of the sole proprietorship Nelissen Legal\nServices of Mr. Willem Johannes Nelissen, under which name he provides (online) legal\nservices.<\/li>\n<li>TCC is registered in the Dutch trade register under number: 77847040.<\/li>\n<li>Each counterparty of TCC is referred to as a client in these general terms and conditions.\nThese general terms and conditions apply to all quotations, offers, activities,\nagreements, and deliveries of services by or on behalf of TCC.<\/li>\n<li>Deviation from these conditions is only possible if this has been expressly agreed in\nwriting by the parties.<\/li>\n<li>Only TCC is regarded as the contractor towards the client.\nWJ Nelissen, aforementioned, who performs professional activities under the\naforementioned trade name, TCC, acts exclusively in the capacity stated under 1 above\nin the performance of his activities.<\/li>\n<li>TCC is not liable for any damage resulting from any assignment, unless TCC caused such\ndamage intentionally or with gross negligence. In the event that TCC owes\ncompensation to the client, the damage will not exceed TCCs fee.<\/li>\n<li>Any liability of TCC and \/ or - insofar as applicable - mr. Nelissen, aforementioned, is\nlimited to the amount that is paid out under the professional liability insurance policy\ntaken out by TCC, increased by the amount of the deductible that, according to the\npolicy terms, are not borne by the insurer(s). For completeness\u2019 sake: the\naforementioned insurance completely excludes coverage with regards to due diligence.<\/li>\n<li>Any right to compensation for damage caused by TCC lapses 12 months after the event\nfrom which the liability arises directly or indirectly. This does not exclude the provisions\nof Article 6:89 of the Dutch Civil Code.<\/li>\n<li>These general terms and conditions may also be invoked by those natural and \/ or legal\npersons who are directly or indirectly affiliated with TCC and who are involved in any\nway in the services provided by or on behalf of TCC.<\/li>\n<li>TCC usually bills monthly, but can also bill more or less frequently. Payment is due\nwithin 30 days following the invoice date and the statutory interest applicable in the\nNetherlands starts to run after that payment term is exceeded.<\/li>\n<li>Payments are made without any recourse to suspension or settlement by transferring\nthe amount due to the bank account number specified by TCC.<\/li>\n<li>Unless otherwise agreed in writing, TCC will invoice you on the basis of time worked at\nthe applicable hourly rates agreed in writing. You are also obliged to pay any\ndisbursements (\u201c verschotten \u201d).<\/li>\n<li>All amounts are exclusive of any VAT and other taxes, unless explicitly stated otherwise.<\/li>\n<li>The client will make all information relevant to the execution of the assignment\navailable to TCC. The client is obliged to provide all information and documents that TCC\nbelieves it needs for the correct execution of the assignment, in a timely manner and in\nthe desired form and in the desired manner.<\/li>\n<li>The client guarantees the correctness, completeness, and reliability of the data and\ndocuments made available to the service provider, even if these originate from third\nparties, insofar as the nature of the assignment does not dictate otherwise.<\/li>\n<li>The client indemnifies TCC against any damage in any form whatsoever arising from the\nnon-delivery, late delivery, incomplete and \/ or incorrect delivery and \/ or availability of\nthe information required for the assignment.<\/li>\n<li>The client is free to terminate the assignment to TCC at any time. When the client\nwithdraws the assignment, the client is obliged to pay the fee owed and the expenses\nincurred by TCC.<\/li>\n<li>In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part\nof TCC in the fulfillment of any obligation towards the client cannot be attributed to TCC\nin 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\nresult of which the fulfillment of its obligations cannot reasonably be expected of TCC.\nThese circumstances also include defaults on the part of suppliers or other third parties,\npower failures, computer viruses, strikes, bad weather conditions and work\ninterruptions.<\/li>\n<li>If a situation as referred to above arises as a result of which TCC is unable to meet its\nobligations towards the client, those obligations will be suspended as long as TCC\ncannot meet its obligations. If the situation referred to in the previous sentence has\nlasted 30 calendar days, the parties have the right to dissolve the agreement in writing\nin whole or in part. In that case TCC is not obliged to pay compensation for any damage,\neven if TCC enjoys any advantage as a result of the force majeure situation.<\/li>\n<li>All electronic communication, including e-mail, is considered in writing. You\nacknowledge that electronic communication is not secure and could be intercepted,\nmanipulated, infected, delayed or wrongly sent (by),including viruses and spam filters.\nThe applicability of Article 6: 227b paragraph 1 of the Dutch Civil Code, which relates to\nthe provision of information in e-commerce transactions, and of Article 6: 227c of the\nDutch Civil Code, which relates to the way in which e-commerce transactions are\nconcluded, is hereby expressly excluded if you act in the exercise of a profession or\nbusiness.<\/li>\n<li>The relationship between a client and TCC is governed by Dutch law. Only the court in\nAmsterdam will be competent to hear any dispute between the client and TCC, without\nprejudice to the right to appeal.<\/li>\n<\/ol>\n\n\n<div class=\"wp-block-file\"><a href=\"https:\/\/counselcompany.nl\/wp-content\/uploads\/2020\/10\/Algemene-Voorwaarden-The-Counsel-Company.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">Algemene-Voorwaarden-The-Counsel-Company<\/a><a href=\"https:\/\/counselcompany.nl\/wp-content\/uploads\/2020\/10\/Algemene-Voorwaarden-The-Counsel-Company.pdf\" class=\"wp-block-file__button\" download>Download<\/a><\/div>\n\n\n\n<div class=\"wp-block-file\"><a href=\"https:\/\/counselcompany.nl\/wp-content\/uploads\/2020\/10\/General-Terms-Conditions-The-Counsel-Company.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">General-Terms-Conditions-The-Counsel-Company<\/a><a href=\"https:\/\/counselcompany.nl\/wp-content\/uploads\/2020\/10\/General-Terms-Conditions-The-Counsel-Company.pdf\" class=\"wp-block-file__button\" download>Download<\/a><\/div>","protected":false},"excerpt":{"rendered":"<p>The Counsel Company (\u201cTCC\u201d) is een handelsnaam van de eenmanszaak Nelissen Legal Services van de heer mr. Willem Johannes Nelissen, onder welke naam hij als zelfstandige (online) juridische diensten verleent. &#8230;<\/p>","protected":false},"author":1,"featured_media":1664,"parent":1744,"menu_order":2,"comment_status":"closed","ping_status":"closed","template":"template-fullwidth.php","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"class_list":["post-1513","page","type-page","status-publish","has-post-thumbnail","hentry"],"featured_image_src":"https:\/\/i0.wp.com\/counselcompany.nl\/wp-content\/uploads\/2020\/10\/compass-e1602077840977.jpg?fit=1934%2C1261&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/counselcompany.nl\/en\/wp-json\/wp\/v2\/pages\/1513","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/counselcompany.nl\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/counselcompany.nl\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/counselcompany.nl\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/counselcompany.nl\/en\/wp-json\/wp\/v2\/comments?post=1513"}],"version-history":[{"count":0,"href":"https:\/\/counselcompany.nl\/en\/wp-json\/wp\/v2\/pages\/1513\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/counselcompany.nl\/en\/wp-json\/wp\/v2\/pages\/1744"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/counselcompany.nl\/en\/wp-json\/wp\/v2\/media\/1664"}],"wp:attachment":[{"href":"https:\/\/counselcompany.nl\/en\/wp-json\/wp\/v2\/media?parent=1513"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}