Specializing in business and legal consultancy services between Turkey and the Netherlands.
In these General Terms and Conditions of Lexsu Consultancy, the following terms will have the meanings as further defined in this article.
Client : The natural person or legal entity who, directly or through the agency
third party, instructs Lexsu Consultancy to perform work.
to perform work.
Contractor : Lexsu Consultancy
Third Party : A third party is understood to be any party brought in by Lexsu Consultancy or the Client.
Lexsu Consultancy or Client.
2.1 Unless agreed otherwise in writing, these Terms and Conditions apply to all offers of Lexsu Consultancy and contracts whereby Lexsu Consultancy provides services of any kind to its Client.
2.2 These General Terms and Conditions apply accordingly to any additional and follow-up assignments. References by the Client to its own General Terms and Conditions will not be accepted by Lexsu Consultancy and are therefore declared invalid.
2.3 If Lexsu Consultancy provides services to clients of the Client on behalf of or for the Client, the Client is bound to fully apply these General Terms and Conditions in its contracts with these clients. Client indemnifies Lexsu Consultancy for claims of third parties that arise as a result of compliance with this provision by Client.
2.4 Any deviations from these general terms and conditions will only apply if explicitly agreed upon in writing.
3.1 Lexsu Consultancy is not liable for the content of the information provided or the consequences that arise from the use of this information. No rights can be derived from the information provided.
3.2 Lexsu Consultancy is not liable for damage suffered by the Client as a result of not or not correctly executing the assignment or cancellation of the contract unless the damage was caused intentionally by the Contractor.
3.3 The extent of Lexsu Consultancy's liability per assignment in any case will not extend beyond the entire amount, which she will charge the Client for that assignment.
3.4 Considering the fact that obtaining and/or sending information on the internet is freely accessible, Lexsu Consultancy cannot be held liable for damage, in whatever sense, caused by third parties as a result of this free access.
4.1 All offers are without engagement, unless otherwise agreed upon in writing, stating a term for acceptance.
4.2 Offers made by Lexsu Consultancy are valid for 30 days after the offer date, unless otherwise indicated in writing.
4.3 The prices in the mentioned offers and tenders are exclusive of VAT of 21% and other government levies, as well as any costs to be made in the context of the contract, and a fixed percentage of administration costs of 6% of the hourly rate, unless otherwise indicated in writing.
4.4 Offers (quotations ) do not automatically apply to future assignments.
4.5 Subsequent changes to the assignment by the Client regarding type and/or degree of difficulty and/or scope or any reason other than those mentioned, may result in modification of the offer price.
4.6 Deadlines mentioned in offers and agreements will be observed as much as possible, but they are not binding.
5.1 If after the conclusion of the contract the client makes any changes other than minor changes to the contract, Lexsu Consultancy shall be entitled to adjust the term and/or fee or to refuse the contract.
5.2 If the contract is terminated at a time when Lexsu Consultancy has already performed work, Lexsu Consultancy will charge the client for work already performed on the basis of an hourly rate and costs in the broadest sense of the word (such as payments to third parties, administration costs, etc.). If desired, Lexsu Consultancy will make the work already produced available to the client.
5.3. If Lexsu Consultancy has reserved time for the execution of the assignment, Lexsu Consultancy may charge the client for these hours.
6.1 Unless otherwise agreed in writing, the fee will be calculated on the basis of the number of hours worked.
6.2 Lexsu Consultancy can agree with the Client, that an assignment will be executed for a total honorarium agreed upon in advance.
6.3 Lexsu Consultancy can work with the advance invoice and/or prepayment depending on the assignment.
6.4 Lexsu Consultancy is allowed to change hourly rates and office/administration costs on the basis of social standards and developments. By accepting these General Terms and Conditions, Client agrees to a reasonable interim change in hourly rates and/or office/administration costs.
6.5 Expenses incurred in the execution of the Engagement will be charged to the Client.
6.6 Invoices must be paid no later than 10 days after the invoice date.
Advance invoices and advance payments must be paid without delay in order to accept the work.
6.7 Lexsu Consultancy will charge 6% administration costs, to be calculated over the fee, for each amount to be invoiced. 21% VAT is due on the administration costs.
6.8 Objections regarding the invoice must be notified to Lexsu Consultancy in writing, stating the reasons, within 10 (ten) days after the date of the invoice, failing which the invoices will be irrevocably approved.
6.9 Should the Client fail to meet its payment obligations in time, and also fail to comply with the demand or notice of default, then the Client will be in legal default, on the basis of which Lexsu Consultancy can decide that the contract of assignment should be considered dissolved, as a result of which Lexsu Consultancy will cease its activities.
6.10 If the Client fails to pay within the agreed period, he will be deemed to be in default by operation of law and Contractor will be entitled, without any notice of default, to charge the Client 1.5% interest per month on the entire amount due from the due date. In addition, all judicial and extrajudicial collection costs shall be borne by the Principal.
6.11 If at the express request or on the instructions of the Client work has to be performed outside office hours, the hourly rates will be charged double.
7.1 In addition to the grounds mentioned in the previous article, Lexsu Consultancy is authorized to terminate the contract for services with immediate effect without the intervention of a judicial authority if the Client damages Lexsu Consultancy's good name, does not properly cooperate with Lexsu Consultancy and/or there is a difference of opinion between the Client and Lexsu Consultancy about the way in which the contract for services should be handled.
7.2 By termination existing claims will become immediately due and payable.
8.1 Lexsu Consultancy commits itself towards the Client to deploy all know-how, experience and to make all efforts that the assignment reasonably requires. The work to be performed by Lexsu Consultancy will be executed accurately as possible.
8.2. The Client agrees that, notwithstanding the above, another lawyer or jurist will execute the assignment, wholly or partly, if this is appropriate under the circumstances, at the discretion of Lexsu Consultancy.
8.3 Lexsu Consultancy will determine the manner in which the assignment will be executed and the necessity of engaging a third party.
9.1 Each of the parties guarantees that all information of a confidential nature received from the other party before and after entering into the Agreement will remain secret. Information will be considered confidential in any case.
10.1 Under penalty of forfeiture of a compensation of Euro 50,000 (Fifty Thousand Euros) payable to Lexsu Consultancy, the Client is prohibited from entering into a direct or indirect contract during the execution of the Contract as well as within a period of twelve months thereafter, directly or through third parties, for the performance of legal activities by one or more (former) collaborating specialists of Lexsu Consultancy with whom the Client has been in contact in the context of the Contract.
11.1 Contracts entered into with Lexsu Consultancy are governed by Dutch law.
11.2 All disputes relating to contracts entered into with Lexsu Consultancy will in the first instance be settled by the competent court in Utrecht.
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