General Terms & Conditions
General Terms & Conditions Ormitax Solutions B.V. (effective as of November 1, 2024)
Ormitax Solutions B.V., registered with the Dutch Chamber of Commerce under number 94415544 (hereinafter referred to as “Ormitax Solutions”), is a private limited liability company specializing in the legal practice of tax law.
The provisions of these general terms and conditions are not only established for the benefit of Ormitax Solutions but also for the benefit of its shareholder and director, insofar as the shareholder is a legal entity, the shareholder and director of that legal entity, their respective shareholders and directors, all individuals working for Ormitax Solutions or who were working for Ormitax Solutions at the time of carrying out any work, as well as all persons engaged by Ormitax Solutions for the execution of an assignment, or any person for whose actions or omissions Ormitax Solutions could be held liable. Consequently, these individuals may also invoke these terms and conditions. Any reference to Ormitax Solutions in these terms and conditions shall be deemed to include these aforementioned individuals.
All assignments are exclusively accepted and carried out by Ormitax Solutions. This applies even if it is the explicit or implicit intention that an assignment is carried out by a specific individual. The application of Article 7:404 of the Dutch Civil Code (which pertains to the above scenario) and Article 7:407(2) of the Dutch Civil Code (which imposes joint and several liability when assignments are given to multiple persons) is excluded.
If a client requests that specific work is carried out by a particular employee of Ormitax Solutions, Ormitax Solutions reserves the right to transfer the work to another employee under the same terms. This may occur, for instance, due to specific expertise of the other employee or work distribution requirements.
Ormitax Solutions is authorized to engage third parties on behalf of the client for the execution of assignments. Wherever possible, this will be done in consultation with the client.
These general terms and conditions apply to all service agreements between a client and Ormitax Solutions (including additional and subsequent assignments), as well as the pre-contractual phase.
The client indemnifies Ormitax Solutions against all claims from third parties and any related costs incurred by Ormitax Solutions, provided these are connected to work carried out for the client.
Assignments are executed exclusively for the benefit of the client. Third parties cannot derive any rights from the contents of the assignments.
These general terms and conditions are available in both Dutch and English. In the event of discrepancies, the Dutch version shall prevail.
If the client’s income and assets fall below the thresholds established by the Ministry of Justice under the Legal Aid Act, they may qualify for free legal aid. However, the client has explicitly chosen not to pursue this option (even if such eligibility arises during the assignment) ensuring that the agreed financial terms remain applicable.
The rates of Ormitax Solutions may vary depending on the experience and specialized knowledge required for the tasks. Ormitax Solutions reserves the right to periodically adjust its rates. Alternative arrangements may be made under specific circumstances.
Ormitax Solutions reserves the right to request advance payments or deposits for work to be performed and costs to be incurred. These will be settled at the end of the assignment or periodically during its course.
A financial time-tracking system is maintained to prepare invoices. Additionally, clients are charged a fixed office surcharge of 5% of the fee (if applicable), VAT (if applicable), and any disbursements (e.g., court fees, bailiff costs, etc.).
Disbursements, travel costs, and fees for external experts engaged are charged to the client.
Payments of invoices sent by Ormitax Solutions must be made without deductions, discounts, or offsets within 14 days of the invoice date. Failing this, the client is in default and is required to compensate Ormitax Solutions for all judicial and extrajudicial collection costs, including legal fees and statutory interest.
Objections to the amount invoiced must be submitted in writing within two weeks. Such objections do not suspend the payment obligation.
Ormitax Solutions does not hold a client funds account (derdengeldrekening).
Ormitax Solutions accepts no liability for deficiencies or errors in the execution of services unless the liability insurance of Ormitax Solutions covers the claim or if the error is due to intent or gross negligence by Ormitax Solutions.
Liability for indirect or consequential damages is excluded under all circumstances.
When Ormitax Solutions engages third parties, it cannot be held liable for any shortcomings on the part of these third parties.
If the client directly holds a third party accountable, the client indemnifies Ormitax Solutions against any claims from the third party and related costs incurred by Ormitax Solutions.
Any claims or rights the client may have against Ormitax Solutions related to services performed expire one year after the date on which the client became or should reasonably have become aware of their existence.
Any liability claim against Ormitax Solutions regarding services performed must be addressed to the attention of the management.
If liability insurance provides coverage, the insurance payout will be supplemented by the deductible under the applicable policy. If the insurer does not cover the claim and liability cannot be excluded, liability is limited to the fee received for the specific assignment.
The insurance policy conditions are available for review upon request.
Ormitax Solutions maintains an office complaints procedure. Complaints regarding work performed or invoices must be submitted in writing to the lawyer concerned. The lawyer will review the complaint and discuss possible solutions with the client within four weeks. If no resolution is reached, the complaint will be referred to Ormitax Solutions’ complaints officer. If no agreement can be reached, the complaint will be submitted to the Court.
Ormitax Solutions may terminate an agreement immediately if it believes the agreement conflicts with the Rules of Conduct for Lawyers or other regulations of the Dutch Bar Association, or if the client fails to provide requested information, fulfill payment obligations, or otherwise hinders Ormitax Solutions’ work.
If any clause in these terms is deemed unreasonable or invalid, it shall be interpreted as closely as possible to its intended purpose to maintain enforceability.
The provisions of these terms and conditions remain in effect even after the termination of the service agreement.
The legal relationship governed by these terms is subject to Dutch law.