GENERAL TERMS AND CONDITIONS OF ATAY LEGAL

Article 1: Definitions

a) In these General Terms and Conditions, the following terms shall have the following meanings:

Atay Legal:
Atay Legal, a legal advisory firm established in Rijswijk, registered with the Dutch Chamber of Commerce under number 87594021, trading under the name Atay Legal (hereinafter: “Atay Legal”). Atay Legal is not a law firm and performs its services independently. For the execution of assignments, Atay Legal may engage legal professionals and other third parties.

b) The Client:
The natural person or legal entity who has entered into an agreement with Atay Legal, to whom Atay Legal provides services, or with whom Atay Legal is or has been negotiating regarding the provision of services.

c) The Agreement:
The agreement between Atay Legal and the client concerning legal advice and/or legal assistance, particularly in the field of personal injury law.

Article 2: Applicability

a) These general terms and conditions apply to all assignments provided or to be provided to Atay Legal, as well as to all negotiations and activities arising therefrom, unless otherwise agreed in writing in advance.

b) Any deviations from these terms and conditions shall only be valid if expressly confirmed in writing by Atay Legal. Such deviations apply exclusively to the specific assignment concerned.

c) The agreement is entered into for an indefinite period unless the content, nature, or purpose of the assignment dictates otherwise.

d) The applicability of any general terms and conditions used by the client is expressly excluded unless accepted in writing by Atay Legal.

Article 3: The Agreement

a) An assignment is concluded upon acceptance thereof by Atay Legal. Title 7.7 of Book 7 of the Dutch Civil Code applies to the agreement insofar as not deviated from in these general terms and conditions or the agreement itself.

b) The agreement qualifies as a contract for services within the meaning of Article 7:400 of the Dutch Civil Code. Atay Legal performs legal services independently and represents the client’s interests in extrajudicial matters, particularly towards (potentially) liable parties and/or insurers.

c) All assignments are accepted exclusively by Atay Legal, even if it is intended that a specific individual performs the assignment. Articles 7:404, 7:407 paragraph 2, and 7:409 of the Dutch Civil Code are excluded.

d) Atay Legal shall perform its services with the care expected of a reasonably competent and reasonably acting legal service provider. The services constitute an obligation of best efforts and not an obligation to achieve a specific result. Atay Legal cannot guarantee any particular outcome.

e) The assignment may include, among other things: providing advice regarding, establishing, handling, and mediating personal injury claims in the broadest sense, including collecting information, corresponding with opposing parties and insurers, and carrying out related activities concerning the representation of the client’s interests.

f) The results of the services are intended solely for the client. Third parties may not derive any rights therefrom. Disclosure of documents is only permitted with prior written consent from Atay Legal unless otherwise required by the nature of the assignment.

g) All intellectual property rights relating to documents, advice, and materials prepared by Atay Legal remain exclusively vested in Atay Legal.

h) Digital documents shall only be binding if they correspond in content with the version retained by Atay Legal.

i) Atay Legal is not obliged to follow instructions from the client if such instructions are, in its opinion, incompatible with the proper execution of the assignment.

j) Atay Legal is authorised to perform legal acts on behalf of and at the expense of the client within the scope of the assignment.

k) Atay Legal is entitled to engage third parties for the execution of the assignment, including lawyers, medical advisers, and other experts. Where reasonably possible, this will be discussed with the client in advance.

l) If court proceedings become necessary, Atay Legal shall discuss this with the client in a timely manner and may refer the client to or cooperate with a lawyer. Atay Legal does not provide legal representation before the courts.

Article 4: Assignments

a) If the client withdraws or terminates the assignment in whole or in part, the client shall compensate Atay Legal for all reasonably incurred costs and services performed up to that moment, unless otherwise agreed or such costs can be recovered from a liable party.

b) Atay Legal reserves the right to refuse or discontinue an assignment if continuation would reasonably be impossible or inappropriate, taking into account standards of reasonableness and fairness.

c) Unless expressly agreed otherwise in writing, an assignment does not imply execution by a specific individual.

d) All activities are performed at the expense and risk of the client, except insofar as costs may be recoverable from a liable party.

Article 5: Obligations of Atay Legal

a) Atay Legal shall execute the accepted assignment to the best of its knowledge and ability and with the care expected from a reasonably competent legal service provider.

b) If third parties are engaged, Atay Legal shall exercise due care in selecting such parties but shall not be liable for shortcomings on the part of those third parties.

c) Atay Legal performs its services on the basis of a best-efforts obligation. No guarantees are provided regarding the outcome or amount of any compensation.

Article 6: Obligations of the Client / Provision of Information

a) The client shall timely provide Atay Legal with all data, documents, and information necessary for the execution of the assignment, in a complete and truthful manner.

b) The client guarantees the accuracy, completeness, and reliability of the information provided. Atay Legal accepts no liability for damage arising from inaccurate or incomplete information.

c) If the client fails to comply with the obligation to provide information in a timely or complete manner, Atay Legal may suspend or terminate the agreement.

d) The client authorises Atay Legal to share relevant information, including medical data where necessary, with involved third parties such as insurers, medical advisers, lawyers, and other experts solely for the purpose of representing the client’s interests.

e) Atay Legal processes personal data and medical information in accordance with applicable laws and regulations, including the General Data Protection Regulation (GDPR).

Article 7: Fees and Costs

a) Agreements concerning fees and any costs shall be laid down in the assignment agreement or engagement letter.

b) Where services or costs are recoverable from a liable party, Atay Legal shall endeavour to recover these on behalf of the client.

c) If costs are not fully recoverable, Atay Legal may charge these to the client insofar as this has been agreed in advance or is considered reasonable.

d) Atay Legal may request an advance payment where necessary.

Article 8: Payment

a) Invoices must be paid within 14 days from the invoice date unless agreed otherwise in writing.

b) In the event of late payment, the client shall automatically be in default, and Atay Legal shall be entitled to charge statutory interest and reasonable collection costs.

c) Atay Legal may suspend its services if payment remains outstanding.

Article 9: Retention of Files

a) Atay Legal retains files for ten years following termination of the assignment unless statutory obligations require a longer retention period.

b) After expiry of this period, the file shall be destroyed unless the client has requested its return in writing in due time.

c) Upon request, the file may be provided to the client, for which reasonable costs may be charged.

Article 10: Liability

a) Atay Legal shall only be liable for direct and demonstrable damage resulting from an attributable failure in the performance of the agreement.

b) Atay Legal does not maintain professional liability insurance.

c) Liability is limited at all times to the amount paid by the client for the relevant assignment, with an absolute maximum of €5,000 per assignment. A series of connected events shall be regarded as one event.

d) Atay Legal shall not be liable for damage resulting from incorrect, incomplete, or untimely information provided by the client or third parties.

e) Atay Legal shall not be liable for shortcomings of third parties engaged by it, including but not limited to lawyers, medical experts, bailiffs, or advisers, except in cases of intent or deliberate recklessness by Atay Legal.

f) Atay Legal shall only be liable for direct damage. Direct damage includes reasonable costs incurred in determining the cause and extent of the damage and reasonable costs incurred in limiting damage. Liability for indirect or consequential damage, including loss of profit or missed savings, is excluded.

g) Atay Legal cannot be held liable for failure to achieve any intended financial or other result. The services performed constitute a best-efforts obligation.

h) Any liability shall lapse if the client has not submitted a written and substantiated complaint within a reasonable period and in any event within one year after becoming aware, or reasonably should have become aware, of the damage.

i) Any legal claim against Atay Legal shall expire no later than five years after the event causing the damage.

j) The limitations of liability in this article also apply to persons working for or on behalf of Atay Legal and to engaged third parties.

k) The limitations of liability in this article do not apply in cases of intent or deliberate recklessness on the part of Atay Legal.

Article 11: Use of Information and Advice

a) Information, advice, reports, calculations, and other documents provided by Atay Legal are intended solely for use by the client within the scope of the assignment.

b) Without prior written consent from Atay Legal, such documents may not be reproduced, disclosed, or made available to third parties, except where necessary for the execution of the assignment.

c) Information and advice are provided to the best of Atay Legal’s knowledge and ability. Atay Legal accepts no liability for damage arising from use outside the scope of the assignment.

Article 12: Complaints

a) If the client has a complaint regarding the services or an invoice, such complaint must be submitted in writing and substantiated within 30 days after discovery thereof or within 30 days after the invoice date.

b) Submitting a complaint does not suspend the client’s payment obligations.

c) Failure to submit a complaint in a timely manner results in forfeiture of the right to rely on such complaint.

d) Atay Legal shall handle complaints carefully and endeavour to reach an appropriate solution in consultation with the client.

Article 13: Complaints Procedure

a) Atay Legal maintains an internal complaints procedure.

b) A copy of the complaints procedure shall be provided upon request.

c) Atay Legal may amend the complaints procedure provided such amendment does not prejudice the client’s rights.

Article 14: Interim Termination of the Agreement

a) The agreement terminates upon completion of the assignment.

b) Both the client and Atay Legal may terminate the agreement at any time, subject to applicable legal provisions.

c) If the client terminates the agreement prematurely, Atay Legal may charge for services performed and costs incurred up to that moment unless such costs are recoverable from a liable party.

d) Atay Legal may terminate the agreement if continuation can no longer reasonably be required. In such event, Atay Legal shall inform the client and, where appropriate, provide an overview of the status of the matter.

Article 15: Governing Law and Disputes

a) All legal relationships between Atay Legal and the client are governed exclusively by Dutch law.

b) Parties shall first attempt to resolve disputes through mutual consultation.

c) If a dispute cannot be resolved amicably, it shall be submitted to the competent court in the Netherlands, whereby the court of the client’s place of residence shall have jurisdiction unless mandatory law provides otherwise.

Article 16: Entry into Force and Final Provisions

a) These general terms and conditions enter into force on the date they are made available to the client.

b) Atay Legal may amend these general terms and conditions. Amended terms shall be communicated to the client in a timely manner.

c) If any provision of these general terms and conditions is wholly or partially void or voidable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a provision that most closely reflects the intent of the original provision.

d) These terms and conditions may be cited as:

“General Terms and Conditions of Atay Legal.”

General Terms and Conditions