Terms & Conditions

OmniCLES strives for customer satisfaction by providing excellent value for money. OmniCLES charges a fair and competitive hourly rate no matter where you are based. A discounted rate is available after 20 hours on an engagement. These competitive rates facilitate cooperation in most EU jurisdictions. OmniCLES generally does not charge for time spent on travel, another factor facilitating international engagements. For more information on the hourly rate, contact OmniCLES at rob.van.der.laan@omnicles.com.

Terms and conditions

(This is a translation of the general terms and conditions of OmniCLES. In case of any difference between the Dutch original and the English translation, the Dutch original of the terms and conditions takes precedence.)

These terms and conditions apply to each and every contractual relation between OmniCLES, located in Hoofddorp (the Netherlands) and registered at the Dutch Chamber of Commerce in Amsterdam, number 59977078, and her clients. These terms and conditions apply from 1 March 2014. The terms and conditions can be changed unilaterally by OmniCLES during an engagement, however any changes will apply only after a written notification to the client.

OmniCLES will execute the engagement to its best endeavour and taking into account the interests of the client. Unless otherwise agreed, OmniCLES can employ third parties to execute the engagement however OmniCLES will remain overall responsibility for the execution. OmniCLES will regularly update the client on progress. The contractual relation between OmniCLES and the client is subject to Dutch law. Any conflict between OmniCLES and the client will be exclusively dealt with at the relevant court in Amsterdam. In case of any difference between the Dutch original and the English translation, the Dutch original of the terms and conditions takes precedence. These terms and conditions will be sent upon request without charge.

Definitions

Client: the party that contracted the engagement;
Engagement: The contract ordering the services. Services include economic advice, legal advice and all other services requested from OmniCLES;
Fee: the price charged for the services provided by OmniCLES.

Liability

All engagements are assumed to be exclusively offered to and accepted and executed by OmniCLES. This applies equally when it is the intention that an engagement will be executed by a particular person connected to OmniCLES. Applicability of articles 7:404 and 7:407, under 2, is excluded. OmniCLES is at most liable in relation to the client and never in relation to third parties. The client safeguards OmniCLES against all claims by third parties, including reasonable costs of defence. OmniCLES is not responsible for damage resulting from the incorrect or incomplete provision of information by the client. The liability of OmniCLES for damages in connection with the execution of an engagement is limited to the compensation that will be awarded by the professional liability insurance of OmniCLES including the personal risk of OmniCLES. Claims for damages cannot be submitted over one year of the client first becoming aware of the damages or when the client first should have become aware of the damages. OmniCLES will exert the required level of care when including third parties for the execution of an engagement. OmniCLES is not liable for any mistakes made by third parties. The client delegates OmniCLES with the required powers to accept possible limitations of liability by third parties on behalf of the client. The client will safeguard OmniCLES from any claim by a third party in any way connected to the services by OmniCLES performed for the client and the client will reimburse so OmniCLES all costs and damages in connection with such claims. This does not apply to the extent that the claims are the results of gross negligence or deliberate recklessness by OmniCLES. All persons that are or have been involved with the execution of an engagement or that are or could be liable in connection with an engagement can invoke these terms and conditions.

Engagement and payments

The engagement and the acceptance of an engagement can be provided electronically upon request. OmniCLES will have executed the engagement as soon as the agreed services have been performed. The fee is equal to the agreed upon hourly rate multiplied with the number of hours spent on the engagement by OmniCLES. Unless otherwise agreed, the client will reimburse the costs made by OmniCLES on behalf of the client for the engagement to OmniCLES, including but not limited to the costs for travel and stay (the "additional costs"). OmniCLES needs to discuss the additional costs and the quantum therefore with the client in advance. The agreed upon fee and additional costs are, unless expressly agreed otherwise, exclusive of the relevant value added tax. The fee and the additional costs are in principle billed to the client on a monthly basis. The billing period is 30 days following the date of the bill. Payments need to be in Euro by payments into account NL02 INGB 0006 4667 80. The client is liable for any costs related to the payment and any costs of recovery of payments.