General Terms and Conditions

01

These General Terms and Conditions apply to any legal relationship between the private limited liability company AC&R B.V. ("AC&R") and the client ("the client").

02

Besides AC&R these general terms and conditions may be relied on by any (legal) person who is involved or has been involved in the performance of an assignment or who are or may in any way be liable in connection therewith.

03

All that is stipulated in these General Terms and Conditions for the benefit of AC&R applies to them as an irrevocable and gratuitously made third-party clause within the meaning of Article 6:253 of the Dutch Civil Code.

04

All assignments are considered to have been exclusively accepted and performed by AC&R. This includes any assignment that is intended to be performed by a specific person associated with AC&R. The applicability of Articles 7:404, 7:407 (2) and 7:409 of the Dutch Civil Code is excluded.

05

AC&R may engage third parties in the execution of assignments. AC&R will exercise due care in engaging third parties. AC&R’s liability for third parties’ faults or shortcomings is excluded. AC&R is authorized to accept said third parties’ possible general conditions and limitations of liability for and on behalf of the client.

06

Pursuant to applicable regulations, AC&R's obligations include establishing the client's identity, verifying or notifying the relevant authorities of cases performed or intended, without informing the client. The client confirms that it is aware of and agrees with this and will provide all requested information.

07

When AC&R processes personal data, whether or not in connection with the performance of an assignment, such processing shall take place in accordance with AC&R's Privacy Statement. This statement can be accessed at acr.amsterdam/en/privacy-statement.

08

AC&R shall charge the agreed fee for its services. If no fee has been agreed, AC&R's usual rates apply. This fee is calculated by multiplying the number of hours spent on the case with the applicable hourly rates. Hourly rates are set at the beginning of each calendar year and these rates are based on the seniority, expertise and experience of the persons affiliated with AC&R.

09

Expenses incurred by AC&R (such as courier costs, travel expenses and court fees) will be charged as disbursements.

10

In some cases, AC&R will request the payment of an advance, e.g. for new clients, if it is foreseeable that significant costs will need to be incurred, or if AC&R believes that there are other reasons to do so. Advance payments made will be set off against the final invoice in connection with the assignment.

11

In principle, clients are invoiced for the services rendered on a monthly basis, subject to payment within 14 days of the date of invoice. Should payment not be received within the time limit mentioned, AC&R shall be entitled to charge legal interest without further notice of default.

12

The liability of AC&R is limited to the amount paid out by AC&R’s liability insurance in the matter concerned, increased by the applicable excess. If and insofar as no payment is made under such insurance, any and all liability will be limited to the amount of fees charged in the matter concerned. Any claim for damages shall lapse one year after the day on which the client became aware of the damage, and of AC&R's liability for that damage, and shall lapse at the latest after three years.

13

The client shall indemnify AC&R against all third-party claims that are in any way related to the work performed for the client.

14

The client may terminate the engagement at any time, but only by giving written notice to AC&R. AC&R may terminate the engagement by giving the client 14 days’ prior notice, or immediate notice if the client does not pay an invoice within 14 days of the due date, but always only by giving notice in writing.

15

The legal relationship between AC&R and a client is governed by Dutch law. The services of AC&R are subject to the complaints procedure. This can be consulted through acr.amsterdam/en/complaints-procedure. Any dispute between the client and AC&R shall be resolved exclusively by the District Court of Amsterdam, the Netherlands.

16

There is a Dutch and an English version of these General Terms and Conditions. In the event of any discrepancy between the Dutch and English versions, the Dutch version prevails.