General Terms and Conditions

Article 1: Yuen Law Firm

1.1         Yuen Law Firm is a Dutch Law Firm registered as a private limited company (B.V.). Yuen Law Firm is a trade name of Yuen Advocaten B.V.
1.1         Yuen Advocaten B.V. is registered at the Dutch Chamber of Commerce with number 24358443. The business scope of the firm is to conduct the profession of attorney and legal
              advisor, in the broadest sense of the word.

Article 2: Scope

2.1         The clauses in these General Terms and Conditions have been included not only for the benefit of Yuen Law Firm, but also for the benefit of all persons working for Yuen Law Firm
               or persons that have been working for Yuen Law Firm and all persons engaged by Yuen Law Firm in the execution of any instructions and all persons for whose acts or omissions
               Yuen Law Firm could be liable.
2.2         These General Terms and Conditions are applicable to all assignments accepted by Yuen Law Firm, to all possible follow-up assignments and all other (related) activities /
               assignments.
2.3         These General Terms and Conditions have been drawn up in Dutch and in various other languages. The Dutch text shall be binding in the event of any difference in content or 
               tenor.


Article 3: The agreement

3.1         The agreement enters into effect on the moment the law firm sends out the confirmation of assignment or if the lawyer has started to carry out activities in the regarding case.
               This also applies even the client has explicit or implicit appointed a specific person to carry out the instructions. The effect of Article 7:404 of the Dutch Civil Code, which contains
               rules for the latter case, and the effect of Article 7:407(2) of the Dutch Civil Code, which establishes several liability in cases in which instructions are given to two or more persons,
               are excluded.
3.2         Yuen Law Firm is free to execute assignments under its responsibility by the members of staff of Yuen Law Firm. Yuen Law Firm will exercise due care in the selection of third
               parties.

 

4: Liability

4.1         If the carrying out of instructions by Yuen Law Firm leads to liability, this liability shall in each case be limited to the amount paid out in the case concerned under the relevant
              liability insurance of Yuen Law Firm, plus the deductible that is for Yuen Law Firm’s account under the relevant insurance agreement in the case concerned. For claims, a time limit
              of 1 year applies, starting from the date client became aware of the grounds he appeals to, or from the date he reasonably could have known these facts.
4.2        If no payment should take place for any reason under the insurance referred to in Article 4.1, any liability is limited to the amount charged by Yuen Law Firm. 
4.3        The instructions that have been given shall be carried out exclusively for the client. Third parties cannot derive any rights from the content of the work carried out.
4.4        Yuen Law Firm is not liable for third party negligence and/or non-fulfilment of obligations.
4.5        Yuen Law Firm is authorised to accept limitations of liability by third parties on behalf of the client.


Article 5: Confidentiality

5.1        Unless any law, guideline or other (professional) regulation requires her to do so, Yuen Law Firm is obliged to keep confidentiality toward third parties regarding confidential
             information obtained through the client. Client can give exemption from this.
5.2       Unless given permission in writing, Yuen Law Firm does not have the right to use the confidential information obtained through the client for any other purpose than for what is
             was obtained for. An exemption is made if Yuen Law Firm will act for herself in disciplinary-, civil- or criminal proceedings in which the information can be 
5.3       Yuen Law Firm and the client will oblige third parties engaged by them to abide by this article.
5.4       The client is aware that the duty of confidentiality guaranteed by Yuen Law Firm cannot be guaranteed with respect to information provided by or to the client by e-mail or phone.


Article 6: Obligations of the client

6.1       The client warrants the accuracy, completeness and reliability of the information, data and documents made available to Yuen Law Firm and or the lawyer in question, even if they
             have come from third parties.
6.2       If the client allows a third party to take notice of the content of the work carried out by Yuen Law Firm for the benefit of the client, the client shall bring these General Terms and
             Conditions to the attention of the third party and ensure that they are also accepted by this third party.
6.3       Client indemnifies and holds harmless Yuen Law Firm and its auxiliary persons against claims by third parties who claim that they have suffered damage as result of or in
             connection with the work carried out by Yuen Law Firm on behalf of the client or against claims by third parties who claim that they have suffered damage as a result of a disclosure
             mistakenly made by Yuen Law Firm or one of its employees or other auxiliary persons under the Dutch Disclosure of Unusual Transactions (Financial Services) Act, except in cases
             of intent or willful recklessness on the part of Yuen Law Firm.
6.4       Payment of the invoices of Yuen Law Firm shall take place within 14 days of the invoice date, without suspension or set off. Except if the client protests promptly upon receipt of the
             invoice of Yuen Law Firm, Yuen Law Firm and its third-party account foundation (“Stichting Beheer           Derdengelden”) are entitled to set-off monies received for or from the
             client against, or use them in payment of, whatever the client owes Yuen Law Firm.


Article 7: Fees

7.1         Unless agreed otherwise between Yuen Law Firm and client, the honorarium of Yuen Law Firm will be calculated by multiplying the amount of hours worked with the annually
              determined hourly fees. The minimum time registration is 6 minutes. 
7.2         Besides the agreed honorarium, Yuen Law Firm will charge client with: 
               * All costs of third parties involved by Yuen Law Firm (“verschotten”);
               * General office costs (including but not limited to telephone, fax and copying costs etc.) of 6% of the total amount of honorarium;
               * Travel expenses;
               * Value added tax (if applicable). 
7.3         The invoice must be paid within 14 days after the date of the invoice. If no payment is received on the 15th day, the client will be automatically in default. Yuen Law Firm is entitled
               to suspend its work until it has been paid in full. 
7.4         Yuen Law Firm is authorized to charge EUR 25,00 administration costs and a compounded legal interest with a minimum of EUR 15,00. The interest is calculated over full
               months. All judicial or extra judicial costs connected with the collection of outstanding amounts - with a minimum of 15% over and above the amount to be collected - shall be for
               the client’s account. Judicial costs are not limited to the nominal costs of the procedure awarded by the court, but shall be for the account of the client in full if it is judged to be in
               the wrong (to a preponderant degree).
7.5         Yuen Law Firm is entitled to amend its basic hourly fee and costs charged by it for travel expenses for travel by car, air carrier or train. If the amendment involves an increase of
              more than 10%, or if an increase takes place within three months of the contract for professional services between Yuen Law Firm on the one hand and the client on the other hand
              coming into effect, the client shall be entitled to dissolve the agreement. The right to dissolve lapses on the 15th day after the invoice date of the first invoice sent to the client after
              the increase of the basic hourly fee and/or the aforementioned costs for travel expenses.

Article 8: Prevention of money laundering and terrorist financing (“Wet ter voorkoming van witwassen en financieren van terrorisme”, the "Wwft")

8.1.        In case Yuen Law Firm provides advice to or renders assistance to purchasing or selling immovable properties or  enterprises, when managing money, securities, when
              establishing or managing companies or legal persons, or with certain activities on tax related issues, Yuen Law Firm will carry out a client investigation before accepting an
              assignment.
8.2        In accordance with the Wwft, Yuen Law Firm will report an effected or intended unaccustomed transaction by or through the client at “Financial Intelligence Unit Nederland” in
              Zoetermeer (www.fiu-Nederland.nl). 
8.3        The client ensures that the payments will be done via bank transactions as much as possible. Yuen Law Firm is obliged to report transactions made in cash of EUR 15,000 and
              above.


Article 9: Duty to inform

9.1         These General Conditions will be attached to every quotation or offer by Yuen Law Firm.
9.2         These General Conditions can be viewed at the website of Yuen Law Firm: yuenlawfirm.com.
9.3         On request, Yuen Law Firm shall send the client a copy of these General Conditions by mail.
9.4         Yuen Law Firm reserves the right to modify these General Terms and Conditions at any time.


Article 10: Governing Law and Jurisdiction 

10.1       All disputes arising in connection with the present contract or any agreement resulting herefrom between Yuen Law Firm and client shall be governed by and construed in
              accordance with the laws of the Netherlands.
10.2      In the situation the client has residence in the Netherlands, the Court of Rotterdam shall have jurisdiction.
10.3      In the situation the client has residence outside the Netherlands, Yuen Law Firm has the right to choose to submit the arising dispute (insofar no amicable settlement can be
              reached) to the Court of Rotterdam or to the Netherlands Arbitration Institute (N.A.I.) in Rotterdam (www.nai-nl.org). This arbitration institute shall give binding advice in
              accordance with the Arbitration Rules of the Netherlands Arbitration Institute. The place of arbitration shall be in Rotterdam. The arbitral tribunal shall compromise one
              arbitrator. Arbitration shall be conducted in English language.

 

Version November 2018