Content here
Article 1: Yuen Law Firm
1.1 Yuen Law Firm is a Dutch Law Firm registered as a private limited liability company (B.V.). Yuen Law Firm is a trade name of Yuen Advocaten B.V.
1.2 Yuen Law Firm is registered with 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.
1.3 Yuen Law Firm does not have a third-party account foundation (“stichting beheer derdengelden”).
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 apply to all accepted assignments, follow-up and/or additional work by Yuen Law Firm.
2.3 The applicability of general terms and conditions of the Client is hereby expressly excluded.
2.4 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 assignment
3.1 The assignment between Yuen Law Firm and the client is an agreement under Dutch law. The assignment commences when Yuen Law Firm sends out
the confirmation of assignment or when the lawyer has started to work in the case. This also applies if it is the client’s express or implied intention that
the assignment should will be carried out. The effect of Article 7:404, Article 7:407 (2) and Article 7:409 of the Dutch Civil Code, which contain rules
regarding joint and several liability in cases where an assignment is given to two or more persons, are excluded.
3.2 Yuen Law Firm advises exclusively under Dutch law.
3.3 Yuen Law Firm performs its work to the best of its ability. With regard to the assignment, there is a best effort obligation and not a result obligation,
unless otherwise agreed.
3.4 Yuen Law Firm may engage the services to third parties for the purpose to perform the assignment, including lawyers, experts, bailiffs, consultants or
other service providers. Yuen Law Firm will exercise due care in the selection of third parties.
Article 4: Liability
4. 1 Any liability of Yuen Law Firm for damages arising out of or in connection with the performance of an assignment is limited in its entirety to the amount
paid out in the relevant case under the professional liability insurance of Yuen Law Firm. If and for whatever reason there is no or no full payment under
said insurance, any liability of Yuen Law Firm will be limited to the fee charged up to a maximum amount of €5,000 (in words: five thousand euro).
4.2 Yuen Law Firm is not liable for any shortcomings of the engaged third parties. Yuen Law Firm is entitled to accept on behalf of the client any limitation of
liability of the engaged third parties.
4.3 Without prejudice to the provisions of Article 6:89 of the Dutch Civil Code, any claim against Yuen Law Firm, on any legal ground whatsoever, shall expire
one (1) year after the day on which the client became aware or could reasonably have become aware of the existence of the damage for which Yuen Law Firm
is liable. This means that a legal claim must be filed within the referred period on penalty of the loss of rights. For a business client, the expiry period is
limited to six (6) months. A ”business client” is to be understood: natural or legal persons acting in the exercise in their profession or business.
Article 5: Obligations of the client
5.1 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. Yuen Law Firm has no obligation to verify the authenticity of the documents and cannot be held liable
for any damages resulting therefrom.
5.2 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.
5.3 Client fully indemnifies and holds harmless Yuen Law Firm and its auxiliary persons against claims of third parties, who claim to have suffered damage as a
result of or in connection with the work carried out by Yuen Law Firm on behalf of the client except in cases of intent or wilful recklessness of Yuen Law Firm.
Article 6: Declaration and payments
6.1 Unless agreed otherwise, the honorarium of Yuen Law Firm will be calculated by multiplying the number of hours worked with the annually determined
hourly fee. The minimum time registration is 6 minutes per activity.
6.2 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 and travelling time expenses;
* value added tax (if applicable).
6.3 The client shall pay the invoice of Yuen Law Firm within 14 days of the invoice date, without suspension or set off.
6.4 If no payment is received on the 15th day, the client will automatically be in default. Yuen Law Firm is entitled to suspend its work until it has been paid in full.
6.5 If the client is in default, Yuen Law Firm is authorised to charge € 25 administration costs and a compounded legal interest with a minimum of € 15.
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% of
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 the client is judged to be in the wrong (to a preponderant degree).
6.6 Yuen Law Firm shall be entitled to set off funds received for or from the client against or apply them (or have them applied) in payment of what the client owes
Yuen Law Firm.
Article 7: Confidentiality
7.1 Yuen Law Firm will treat information received from the client in connection with the performance of the assignment confidentiality, observing the applicable
laws and regulations.
7.2 The client agrees the communication by electronical means, such as by email, telephone, fax, Whatsapp or WeChat, the security and confidentiality of which
cannot be guaranteed by Yuen Law Firm.
Article 8: Identity verification / Prevention of Money Laundering and Financing Terrorism Act
8.1 Under the Regulation on the Legal Profession, the lawyer is obliged to identify the client. The lawyer is obliged to identify the client before accepting the case.
The lawyer may make a copy of the clients proof of identity (passport, driver's license or Dutch identity card), on which the passport photo is visible.
The client agrees to this and will fully cooperate with this.
8.2 Pursuant to inter alia the Prevention of Money Laundering and Financing of Terrorism Act (“Wet ter voorkoming van witwassen en financiering van terrorisme - Wwft”)
Yuen Law Firm is obliged before accepting the case to verify client’s identity and report unusual transactions at or by the client to the “Financial Intelligence Unit Nederland”
in Zoetermeer (www.fiu-Nederland.nl). The client will fully cooperate with this.
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 cash transactions of
€ 10,000 (in words: ten thousand euro) and above.
Article 9: Miscellaneous
9.1 These General Terms and Conditions and can be viewed and be downloaded from the website of Yuen Law Firm: https://www.yuenlawfirm.com.
Upon request, a copy of these General Terms and Conditions will be sent to the client by mail or email.
9.2 Yuen Law Firm reserves the right to modify these General Terms and Conditions at any time.
9.3 Yuen Law Firm will handle its client's data with care in accordance with the legal obligations. Yuen Law Firm's Privacy Policy can be accessed at:
https://yuenlawfirm.com/privacy-policy/.
9.4 The file of the client will be kept by Yuen Law Firm for a minimum of five (5) years after the termination of the case. The storage of the digital file is
the responsibility of the client and not Yuen Law Firm. Only a digital file will be kept and not a paper file. Upon expiration of the retention term,
Yuen Law Firm reserves the right to destroy the client’s (digital) file.
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 All disputes between Yuen Law Firm and the client shall be settled by the competent Court of Rotterdam if the client's domicile is located in the Netherlands.
10.3 If the client's domicile is located outside the Netherlands, Yuen Law Firm has the choice to submit the arising disputes to the competent Court of Rotterdam
or to the Arbitration Institute in Rotterdam (N.A.I.) (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 will be in Rotterdam. The arbitration proceedings will be conducted in the English
language by one arbitrator.
10.4 Yuen Law Firm has its own complaints procedure, described and accessed at https://yuenlawfirm.com/complaints.
Version 1 January 2023
