Article 1: Definitions
For the purposes of these terms and conditions, the following terms shall have the following meanings:
The contractor: Sparta Legal B.V. (hereinafter referred to as: “Sparta”), which carries out the work specified below;
The client: the natural person or legal entity that engages Sparta’s services;
The term ‘the assignment’ refers to the work to be carried out by Sparta, as agreed between the client and Sparta, and the conditions under which such work is to be performed.
Article 2: General
All provisions of these terms and conditions shall apply between the parties, unless otherwise agreed in writing.
The contract is entered into for an indefinite period unless it is clear from the content, nature or scope of the assignment that it has been entered into for a fixed term.
Any client with whom a contract has been entered into under these terms and conditions shall be deemed to have tacitly agreed to the applicability of these terms and conditions to any subsequent contracts concluded with Sparta.
The applicability of any other terms and conditions of the client is expressly excluded from the a8> hand rejected.
If one or more provisions of these terms and conditions are invalid or are declared void, the remaining provisions of these terms and conditions shall remain in full force and effect. In such a case, the invalid or void provision(s) shall, as far as possible, be given a corresponding meaning.
Article 3: Provision of services
The agreement comes into effect once the client has placed the order by signing the order confirmation and Sparta has received it.
The client instructs Sparta to act on its behalf in relation to the damage suffered and to be suffered by the client as a result of the incident.
The work carried out by Sparta on behalf of the client is referred to as out-of-court legal assistance (without the involvement of a court). If it is deemed necessary to seek a ruling from the Dutch courts, Sparta will, upon request, transfer its file to a (personal injury) solicitor working in collaboration with its firm. With regard to the engagement of medical and other experts, additional arrangements will be made where necessary.
Article 4: Handling of the case
If and for as long as the matter is being handled by Sparta, the client is obliged to cooperate fully and truthfully in connection with the handling of the matter, to provide information in a timely manner and to make all relevant documents available.
In the event of a breach of such obligation(s), Sparta may recover the costs incurred and its fees from the client. If the client prematurely terminates the case with Sparta, Sparta will charge the client for the costs incurred to date and, where possible, may set these off against any advances paid or to be paid to the client by the insurer and/or the liable party, and Sparta shall be entitled to retain the file until full payment has been made.
Sparta keeps the client informed of the current status of the claim and advises on the progress of the claims settlement process.
Article 5: Cooperation and provision of information
The client must ensure that it refrains from any actions that might hinder or render impossible the performance of the contract by Sparta.
While the matter is being handled by Sparta, the client is obliged to provide all necessary cooperation in connection with the handling of the matter, to supply accurate information and to make all relevant documents available. If the client prematurely terminates the case with Sparta or if the provisions of the first sentence of this article are not complied with, Sparta may charge the client for the costs incurred to date and/or set them off against any advances paid or to be paid to the client by the liable party (or its insurer).
If the client has taken out legal expenses insurance, they must report the claim to that insurer. It is recommended that this be done within three years of the date of the accident, particularly in view of the limitation period.
In order for the liable party, or their insurer, to be able to pay the compensation, the client is required to provide their own bank account number to which the funds may be transferred; this implies that the client is not under administration or guardianship. In such cases, the bank account number of the administrator or guardian must be provided.
Article 6: Confidentiality
Sparta is reluctant to share client data and information with other parties. Subject to any legal obligations requiring the disclosure of certain data, Sparta is bound by a duty of confidentiality towards third parties who are not involved in the performance of the assignment. This duty of confidentiality applies to all information of a confidential nature made available to it by the client and to the results obtained from the processing of such information.
The Client is obliged to maintain confidentiality with regard to all information and documents relating to the assignment which may reasonably be regarded as confidential and secret.
Sparta is entitled to forward all (medical) information and data relevant to the assessment of the claim to the other party concerned or their insurer, or their representative, as well as to any other parties necessarily involved in the settlement of the claim.
Article 7: Liability
Sparta shall be liable for any shortcomings in the performance of the assignment, provided that such shortcomings could have been avoided under normal circumstances, with the exercise of normal professional expertise and due care, and in accordance with standard professional practice. Liability for the aforementioned damage shall be limited to the amount of the fee received by Sparta for its work.
Sparta’s liability for indirect damage, such as consequential damage, loss of income, etc., is excluded. In the event of a culpable breach of contract, Sparta must first be given written notice of default by the client, with a reasonable period of time to still fulfil its obligations, or to rectify any errors or to limit or remedy the damage.
If and in the event that to the extent that deficiencies in the performance of the work carried out by Sparta the consequence is of the circumstance that the client has not, has not in a timely manner or has not to a sufficient extent fulfilled the obligations incumbent upon him in accordance with Article 5 has fulfilled, Sparta shall not be liable in the entirely not liable. Rectification of the aforementioned deficiencies shall in such a case at the expense of the client be carried out.
Sparta shall not be liable for any shortcomings on the part of auxiliary persons (third parties) engaged by it.
Article 8: Legal costs
These costs are also referred to as ‘out-of-court legal costs’ and are recovered by Sparta from the liable party or their insurer. This is possible because these costs form part of the damages, as provided for by law under Article 6:96 of the Dutch Civil Code. As an expert and professional representative, Sparta may claim these costs from the liable party as a separate item of damages. The recovered extrajudicial costs are payable to Sparta.
If the client bears (part of) the blame for the accident and, consequently, the injury, the liable party, or their insurer, is generally obliged (subject to exceptions) to pay these costs in proportion to their share of the blame. The client will bear the remaining costs.
The fee is determined by the number of hours spent in the relevant period to be multiplied by Sparta’s hourly rate. The fee shall be if applicable supplemented by out-of-pocket expenses and subsequently invoiced to the client.
All rates quoted are exclusive of VAT and other government levies. Sparta reserves the right to index the hourly rate annually in line with any cost increases.
If the extrajudicial costs are reimbursed by the other party, the client authorises that party to pay the reimbursement directly to Sparta. If the extrajudicial costs are not reimbursed (in full), Sparta is prepared to waive these costs in certain cases.
Article 9: Governing law and disputes
The formation of, including the negotiation of, as well as the performance or fulfilment of contracts shall be governed exclusively by Dutch law, even if, under private international law, the law of another country would otherwise apply.
Any disputes arising from the legal relationship between Sparta and its client(s) shall be settled exclusively by the competent court in Amsterdam, the Netherlands.
