General Terms and Conditions

1.     Starks Legal BV (“Starks Legal”) is a private limited liability company established under the laws of the Netherlands with its registered seat in Amsterdam for the purpose of providing legal services to its clients. Starks Legal is registered with (and governed by( the Dutch Bar of Attorneys (Nederlandse Orde van Advocaten)

2.     All services to - and relations between - the client and Starks Legal are governed by these General Terms and Conditions. The applicability of any other set of terms and conditions are herewith rejected.

3.     Starks Legal shall operate as sole contracting party of the client. Articles 7:404 of the Dutch Civil Code (which relates to the situation where it is the client’s intention that an instruction be carried out by a specific person) and 407(2) (which imposes a joint and several liability where an instruction is given to two or more persons) shall not be applicable.

4.     Any errors or negligence in performing its services can only result in Starks Legal’s liability. Persons performing the services on behalf of Starks Legal or otherwise affiliated with Starks Legal shall not be held liable for the payment of any amount (whether pursuant to a claim for damages or on other grounds) for any shortcomings in the services provided by Starks Legal, unless the person held liable has acted wilfully. The term ‘person(s)’ as used in this clause 4, includes: all former or present (direct or indirect) shareholders of Starks Legal as well as its directors, employees and service providers.  

5.     Any liability of Starks Legal is limited to the amount paid out under its professional liability insurance policy. In case the insurance company does not pay out any amount or pays out an amount less than claimed by the client (or any person or entity associated by the client) for damages or for any other claim, Starks Legal’s liability will be limited to the lower of (i) the amount billed to the client (or a person or entity associated with the client) in the year in which the circumstances giving rise to the claim occur or (ii) EUR 10.000.

6.     All claims against Starks Legal, including claims for payment of damages, shall expire after a period of one year passes from the date on which the client (or any person or entity associated with the client) has become aware of, or reasonably could have become aware of, the claim or the damages and the potential liability of Starks Legal or said person for said damages. In all cases, claims shall expire after a period of two years from the date on which the relevant work (which gave rise to the claim) has been performed. This clause 6 shall also apply to claims brought against ‘persons’ as defined in clause 4 above insofar the therein described prohibition to bring claims against said ‘persons’ is rejected for any reason by any court.   

7.     The client indemnifies Starks legal and the persons as defined in clause 4 above against all claims by third parties (including for any legal costs to be made by Starks Legal) which are brought in relation to the services performed for the client.

8.     The relations between a client and Starks Legal shall be governed by the laws of The Netherlands.

9.     Both the client and Starks Legal shall be entitled to terminate their agreement at any time.  

10.   The Court in Rotterdam, the Netherlands shall be exclusively competent to hear any dispute between the client and Starks Legal