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Allgemeine Geschäftsbedingungen

(Auszug der ursprünglichen niederländischen Verfassung)


1. Principal: the natural person or company giving an instruction, orally or in writing.
2. Party accepting the instruction: KUBBENGA-JURIDISCH, also acting under the name of: Eveline Kubbenga.
3. Instruction: the agreement between the Principal and the Party accepting the instruction to carry out all necessary activities.

Article 1. Applicability

These general terms and conditions shall apply to all instructions, unless it has been agreed otherwise, explicitly and in writing, prior to the instruction being concluded.

Article 2. Carrying out the instruction

KUBBENGA-JURIDISCH shall carry out its legal activities independently.

Article 3. Confidentiality

1. KUBBENGA-JURIDISCH shall oblige to confidentiality towards third parties, unless a legal or professional duty to disclosure.
2. KUBBENGA-JURIDISCH shall not apply the furnished information to a another aim then for which it was obtained, unless in case of a legal or professional duty to disclosure.
3. Without prior written authorization of the Principal KUBBENGA-JURIDISCH will not make public the content of any of its given advices or recommendations, excepted in case KUBBENGA-JURIDISCH for itself has to act before a disciplinary tribunal, civil, or criminal legal proceeding.
4. Parties will impose the obligations of this article to by them integrated third parties.

Article 4. Intellectual Property/Copyright

KUBBENGA-JURIDISCH reserves all rights with respect to products of the mind, which it uses or has used in the scope of carrying out the instruction with the Principal, insofar rights might exist or could be created on those products in a legal sense.

Article 5. Payment

1. Payment of the invoices of KUBBENGA-JURIDISCH are to be done without any deduction not later than fourteen days after the date of invoice. In case this period is exceeded, the Principal shall be legally in default and shall owe an interest of 12% per year.
2. If timely payment of the amount due is not made, all extrajudicial costs shall be charged, with a minimum of € 150.
3. In case of an instruction granted jointly the Principals shall jointly and severally liable for payment of the total invoice amount to be paid.

Article 6. Liability

1. KUBBENGA-JURIDISCH shall perform to its best.
2. KUBBENGA-JURIDISCH is only responsible for damage as a result of a shortcoming in the implementation of the instruction insofar this shortcoming is the consequence of a lack of care which could be expected reasonably considered necessary, or set-up or is a grove debt.
3. KUBBENGA-JURIDISCH is never responsible for damage which is the consequence of incorrect, incomplete or too late supplied information by the Principal.
4. If KUBBENGA-JURIDISCH is responsible for damage the altitude of damages restricted will be the amount which is paid in the case concerned under the liability insurance of KUBBENGA-JURIDISCH.
5. As - for any reason whatsoever - there is no benefit under the insurance mentioned in the previous subclause, the sole liability of KUBBENGA-JURIDISCH shall be restricted to the amount of what in the previous six months had been charged to the Principal.
6. The implementation of the instruction by KUBBENGA-JURIDISCH is exclusively for the Principal. Third parties cannot derive any rights from the contents of the performed activities. The Principal holds KUBBENGA-JURIDISCH harmless against all possible claims from third parties.
7. The restriction of liability of KUBBENGA-JURIDISCH as described in this article is also stipulated for third parties which are integrated for the implementation of the instruction.

Article 7. Cancellation / Right of suspension

1. The Principal may cancel the instruction at any time, however, with due observance of the legal provisions and those resulting from the law.
2. Cancellation must be made in writing to the address of KUBBENGA-JURIDISCH.
3. KUBBENGA-JURIDISCH shall be authorized to suspend observance of its obligations until the moment that all claims due and payable by the Principal have been fully paid, this with due observance of the legal provisions and those resulting from the law.

Article 8. Applicable law

1. Dutch law shall apply to all instructions.
2. Disputes, if any, shall solely be subjected to the judgment of a Dutch Court.
3. Deviation of these general terms and conditions shall only be possible by written agreement between Principal and KUBBENGA-JURIDISCH.
4. In case of a difference of interpretation between a foreign language and the original Dutch language, the Dutch text shall prevail.

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KUBBENGA-JURIDISCH hat ein breites juristisches Wissen. Verträge bis Urheberrechtberatung.
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