Terms and Conditions
Feniks Juridisch advies, also referred to as "Feniks Legal", is a sole proprietorship located at Nassaulaan 25, 3743 CA in Baarn. Feniks Legal is registered with the Chamber of Commerce under number 92164897. Feniks Legal is legally represented by Mrs. A.K. van der Zande.
Article 1. Definitions and applicability
1.1. These conditions form an integral part of the agreement concluded between Feniks Legal and you. They are used to effectively provide our services and to provide clarity about mutual obligations.
1.2. These general terms and conditions, together with the order confirmation, form the agreement between you and Feniks Legal for the order. The relevant provisions of the Civil Code regarding the assignment agreement apply.
1.3. It is not our intention that your assignment will be carried out by a specific person. Your agreement has been given and accepted exclusively by Feniks Legal. Articles 7:404, 7:407 paragraph 2 and 7:409 of the Civil Code do not apply.
1.4. If a provision of these terms and conditions proves to be void or contrary to the law, the other provisions will remain in force. The void or voidable provision will be replaced by a new provision with the same effect.
1.5. If you, as a business customer, apply general (purchasing or delivery) conditions, these are expressly excluded.
Article 2. Offer and acceptance
2.1 The Agreement is concluded when Feniks Legal sends you a confirmation to the (e-mail) address you provided or, in the event that the offer has been paid electronically, or by signing an agreement. document used for this purpose by Feniks Legal.
2.2 We expressly agree that a valid agreement is concluded by using electronic forms of communication. In particular, the lack of signatures does not alter this.
2.3 Feniks Legal is authorized to refuse assignments given to it without giving reasons, for example if there is a request that we cannot accept based on professional rules, or if the quality of its work is insufficiently guaranteed. Feniks Legal reserves the right to cancel an accepted assignment if it appears that circumstances arise after the application has been approved that make cancellation of the assignment necessary. In such a case we will inform you as soon as possible and we will provide you with an alternative where possible.
2.4 If the assignment has been given orally, an agreement has been concluded when Feniks Legal has started carrying out the assignment.
Article 3. Execution of the agreement
3.1 Feniks Legal makes every effort to execute the agreement to the best of its knowledge and ability (and with the requirements of good workmanship). Feniks Legal has a best efforts obligation and cannot guarantee the achievement of the intended result.
3.2 Feniks Legal does does its utmost to achieve the best results, but is not liable for disappointing results or failure to achieve your objectives. If no settlement agreement is concluded, you will still owe payment
3.3 You are responsible and obliged to provide timely and complete all facts and information necessary to carry out the assignment. This is done both on our own initiative and at the request of Feniks Legal. You are responsible for the accuracy of the information.
3.4 The term of the agreement can vary enormously depending on the situation. This is because it depends on negotiations with the employer.
3.5. Exceeding deadlines does not entitle you to compensation or termination of the agreement.
Article 4. Engaging third parties
4.1 If Feniks Legal deems this necessary to achieve the best result, it can have certain work carried out by third parties. This may include certain specialists or other advisors. Feniks Legal will do this then communicate to you.
Article 5. Prices and payment
5.1 Unless the order confirmation expressly shows that the order has been accepted for a fixed amount, Feniks Legal has the right to adjust the (hourly) rates.
5.2 Disbursements (necessary costs incurred for services provided by others in order to be able to provide the assignment) are not included in the fixed price or fee and will be charged to you. This includes court fees, bailiff costs, courier costs, translation costs and other disbursements.
5.3 If we have agreed that you will only pay a personal contribution, you will be responsible for all costs that Feniks Legal can recover from the employer. If this results in a lower termination payment being paid by your employer, you must agree to this. In any case, the legal costs cannot be negotiated if a lower price is charged in any form on any other point.
5.4 If you decide - for whatever reason - not to agree to the termination of the employment relationship and therefore remain employed, Feniks Legal is entitled to recover from you the costs that could otherwise be recovered from the employer.
5.5 Feniks Legal in principle invoices every two weeks, with a payment term of 14 days. Feniks Legal is entitled to request an advance for (further) work and is hereby entitled to offset the advance paid by you against unpaid invoices in the relevant or other cases.
5.6 If you fail to pay within the specified period, you will be in default by operation of law, without further notice of default being required. In that case, Feniks Legal is entitled to payment by you of the statutory interest and reimbursement of the collection costs incurred by Feniks Legal.
5.7. In the event of non-payment or late payment, Feniks Legal has the right to suspend or terminate the work.
Article 6. Liability
6.1 Any liability of Feniks Legal is limited to the amount paid out in the relevant case under the professional liability insurance taken out by us, plus the amount of the deductible that is payable by Feniks Legal in the relevant case under the applicable insurance agreement. comes.
6.2 If, for whatever reason, no payment is made under the insurance referred to in the previous sentence, any liability is limited to the amount charged by Feniks Legal in the relevant case in the relevant year.
6.3 Feniks Legal is never liable for damage suffered by you as a result of: a. your failure to comply with the obligations included in these conditions or the agreement; b. the provision of incorrect or incomplete data or documents by you; c. failure to follow the advice; d. a longer implementation period; e. disappointing results or failure to achieve your intended objectives; f. errors, interruptions or malfunctions in the internet or used equipment, software, applications or other software and hardware;
6.4 These provisions will continue to apply even after the end of this agreement.
Article 7. Confidentiality and Personal Data
7.1 Feniks Legal and/or persons working at/for or affiliated with Feniks Legal are obliged to maintain confidentiality towards third parties, including third parties involved in the execution of the assignment. This obligation does not apply if there is a legal or professional obligation to disclose or if you have released Feniks Legal from its obligation of confidentiality.
7.2 Feniks Legal is only entitled to use the information made available to it by you, as well as other data and information that Feniks Legal has taken note of in the execution of its assignment, for the purpose for which it was obtained and for the benefit of the normal business operations of Feniks Legal, including the actions of Feniks Legal or persons affiliated with or employed by/for Feniks Legal on their own behalf in disciplinary, criminal, civil or administrative proceedings in which this information may be important, as well as for the aforementioned procedures to prevent.
7.3 Without the express prior written permission of Feniks Legal, you are not permitted to publish or otherwise make available to third parties the contents of reports, advice, opinions or other written or non-written expressions of Feniks Legal, except insofar as this is directly arises from the agreement, is done to obtain an expert opinion regarding the relevant activities of Feniks Legal, you are subject to a legal or professional obligation to make disclosures, or if you are acting on your own behalf in disciplinary, civil or criminal proceedings.
Article 8. Personal data
8.1 Personal data provided by you to Feniks Legal in the context of the assignment will be handled by Feniks Legal with the utmost care and in accordance with applicable laws and regulations. Feniks Legal processes personal data in accordance with the General Data Protection Regulation (GDPR). Feniks Legal's policy regarding personal data is further described in the privacy statement.
Article 9. Intellectual Property Rights
9.1 Feniks Legal reserves all intellectual property rights with regard to products it uses or has used and/or developed in the context of executing the assignment, and regarding which it holds or can enforce copyright or other intellectual property rights.
9.2 You are expressly prohibited from reproducing, disclosing, or exploiting those products, including but not limited to methods, advice, (model) contracts, opinions, and other intellectual creations of Feniks Legal, in the broadest sense of the word, whether or not involving third parties. Reproduction and/or disclosure and/or exploitation is only permitted after obtaining written permission from Feniks Legal. In the event of premature termination of the assignment, the foregoing provisions apply accordingly.
Article 10. Right of withdrawal and termination
10.1 After concluding an agreement, you have - if you change your mind - another 14 days to cancel this agreement. This is only possible if Feniks has not yet carried out any work for you. Once the service has been fully completed, you are no longer entitled to a refund. Phoenix Legal excludes the right of withdrawal for this situation. If Feniks Legal has already carried out part of the work up to the time that you revoke the agreement, you will owe payment for the part carried out. When entering into the agreement, you waive your right of withdrawal after completion of the service.
10.2. If you wish to exercise your right of withdrawal, you must notify Feniks Legal in writing or digitally. The burden of proof of timely exercise of your right of withdrawal lies with you.
10.3. In the event of a valid cancellation, Feniks Legal will refund (part of) the amount paid in the same way as you paid. We will do this within 14 days at the latest.
10.4 If it turns out that Feniks Legal is assisting your counterparty in a case, we will terminate the agreement because there is a conflict of interest. In that case you will get your money back.
10.5 Feniks Legal will not provide any services to you if it believes that there is no reasonable chance of success for your legal dispute.
10.6. We both have the right to terminate our agreement in writing or digitally if one of us believes that continuing our relationship is no longer possible or desirable. In the event of cancellation, you owe payment to Feniks Legal for the part carried out up to that moment, unless expressly agreed otherwise.
10.7 The agreement ends by operation of law upon the death of the owner Feniks Lega or your death as a private customer.
Disputes and choice of court
11.1 All agreements between Feniks Legal and you are exclusively governed by Dutch law. Only the Dutch court in the Central Netherlands district or your place of residence has jurisdiction to hear a dispute.
Contact
I'm happy to help you. You can fill out the form, send me an email (info@fenikslegal.nl) or call 06-52649733. I only respond on workdays between 9:00 AM - 6:00 PM