Terms & Conditions

1. IVY Advocaten (‘IVY’) is a partnership of private limited liability companies (besloten vennootschappen) (‘the Partners’). A list of the Partners will be provided upon request.
2. All instructions, including those which are directed to a particular person, shall be considered to have been exclusively given to and accepted and performed by the partnership IVY for the benefit of its clients, with the exclusion of the articles 7:404 and 7:407(2) of the Dutch Civil Code. Third parties cannot derive rights from the work performed and from the ensuing results.
3. IVY may engage third parties for the purpose of providing its services, including solicitors, notaries, (tax) advisers, (foreign) lawyers, accountants, loss adjusters, experts, bailiffs, translators, couriers, and other service providers. IVY may also use digital (cloud-based) services provided by third parties, including applications for sharing or storing data, eDiscovery, or other applications that allow data to be searched, analysed, stored, processed, and/or translated automatically and/or with the aid of artificial intelligence. IVY exercises due care when engaging third parties but is not liable for errors and shortcomings of such third parties, or for damage, loss, and/or inaccessibility of data. IVY is authorised to accept the terms and conditions of the aforementioned services and third parties, both on its own behalf and on behalf of the Client, including any limitations of liability, and is authorised to rely on these terms and conditions as against the Client. IVY excludes—also on behalf of the Stichting Derdengelden Ivy Advocaten and its directors—all liability directly or indirectly related to or arising from the bankruptcy of or default by a bank, financial institution, digital service provider, or any other third party and/or the reduction or loss of use of, operation of, or access to any computer system, network, or data, and/or a data breach, whether or not as a result of a cyberattack or hack.
4. Any liability on the part of IVY shall be limited to the amount that is paid under the professional liability insurance concluded by IVY, increased by the amount of any deductible, the total of these amounts being limited to a maximum of € 500,000.–. Information about the professional liability insurance will be provided to you on request. If, for whatever reason, no insurance payment is made, any liability on the part of IVY shall be limited towards clients to the amount of fee charged by the partnership in connection with the instructions concerned, subject to a maximum of € 50,000.- and towards third parties to € 25,000.
5. Any claims from clients and third parties shall be time-barred if these claims have not been made by written and reasoned notice presented to IVY within three months commencing from the day when the client or the third party respectively was aware, or could reasonably have been aware, of the facts on which his claim is based.
6. The client shall be obliged to hold IVY indemnified and harmless from any claims by third parties, and to compensate IVY for the reasonable costs of defending such claims.
7. Applicability of general terms and conditions referred to in documents originating from the clients is hereby rejected expressly.
8. These General Terms and Conditions are also stipulated for the benefit of the Partners and their directors, the former Partners and their directors, and all those who performed, have performed or are performing work for them, whether or not under employment contract.
9. The legal relationship between clients and IVY is governed exclusively by Dutch law. Any disputes shall be settled exclusively by the competent court in Amsterdam.
10. These General Terms and Conditions have been drawn up in Dutch and translated into English. In the event of any discrepancy between the Dutch text and the English translation therof, the Dutch text shall prevail.