Weaver Labour Law
General Terms and Conditions
1. Applicability
These general terms and conditions ("GTC") apply to every assignment accepted by Weaver Labour Law ("Weaver"), including any follow-up or supplementary assignments.
2. The Firm
Weaver Labour Law is a sole practice under Dutch law, specializing in employment law. Assignments are accepted and performed exclusively by Weaver, even if it is intended that the work be carried out by a specific person. Weaver does not maintain a third-party funds foundation (stichting derdengelden) and cannot receive or hold client funds.
3. Engagement of Third Parties
Weaver may engage third parties (such as translators, foreign counsel, or other specialists) in performing an assignment, and will do so with due care and, where possible, in consultation with the client. Weaver is not liable for any errors or shortcomings of such third parties and may accept on the client's behalf any limitation of liability stipulated by them.
4. Liability
Weaver's liability is limited to the amount paid out under its professional liability insurance, increased by the applicable deductible. If for any reason no payment is made under that insurance, Weaver's liability is limited to the fees charged in the relevant assignment in the twelve months preceding the event giving rise to the claim, with a minimum of EUR 10,000. This limitation does not apply in the event of willful intent or gross negligence. A claim lapses if Weaver has not been notified in writing within one year of the client becoming aware of the event giving rise to it, and in any case two years after completion of the relevant work.
5. Indemnity
Except in the event of willful intent or gross negligence by Weaver, the client indemnifies Weaver against claims by third parties connected with the performance of the assignment.
6. Fees and Payment
Unless agreed otherwise, fees are calculated on the basis of hours worked multiplied by the applicable hourly rate, plus VAT and expenses. Weaver may request an advance payment and may adjust its hourly rates from time to time. Invoices are payable within fourteen (14) days of the invoice date. After this term, Weaver may charge statutory interest and reasonable collection costs.
7. Personal Data
Where the client provides personal data of employees or third parties in connection with an assignment, each party qualifies as an independent controller within the meaning of the GDPR for its own processing activities. The client warrants that the data provided is accurate and that it has met its information obligations toward the data subjects concerned. Both parties will take appropriate technical and organizational measures to process such data securely.
8. Termination
Either party may terminate the assignment in writing at any time, including with immediate effect. The client remains liable for the fees relating to work performed up to the date of termination.
9. Governing law and Disputes
If the client has a complaint about Weaver's services, Weaver will first seek to resolve it through constructive consultation with the client. The office complaints procedure (kantoorklachtenregeling) of Weaver Labour Law applies to all services and is available at www.weaverlabourlaw.nl. A complaint that has not been resolved after being handled in accordance with that procedure may be submitted to the court referred to below. These GTC and any assignment governed by them are subject to Dutch law. Any dispute will be submitted to the competent court of the District Court of Gelderland (rechtbank Gelderland), unless a mandatory rule of law provides otherwise.
Registration with the Netherlands Bar
Christine Daniels is registered as a lawyer (advocaat) with the Netherlands Bar / Nederlandse orde van advocaten (Prinses Beatrixlaan 5, 2595 AK The Hague, +31 (0)70 335 35 35, info@advocatenorde.nl). She has registered employment law as her legal practice area in the Netherlands Bar's register of legal practice areas (rechtsgebiedenregister). Based on this registration, she is required to obtain ten training credits in each registered legal practice area every calendar year, in accordance with the standards of the Netherlands Bar.