General terms and conditions
Article 1: General
1.1 These general terms and conditions apply to all services and work, in the broadest sense of the word, performed by LM Immigration Services and third parties related to LM Immigration Services.
1.2 The general terms and conditions form part of all agreements of assignment entered into between LM Immigration Services and the client as well as follow-up assignments and amended or supplementary assignments.
1.3 Assignment includes the provision of advice by way of consultation.
1.4 Deviating clauses shall only be effective if and insofar as they have been expressly confirmed in writing by LM Immigration Services.
1.5 In case of nullity or nullification of a provision in these terms and conditions, the other provisions will remain in force and the null or nullified provision will be replaced by mutual agreement between the parties by a provision that approaches the scope of the original provision as closely as possible.
1.6 If a situation arises between the parties that is not regulated in these terms and conditions, the situation is to be interpreted according to its intention.
1.7 The general terms and conditions also apply to the employees of LM Immigration Services as well as all other persons involved in the execution of the assignment and/or on whom any liability might rest in connection therewith.
Article 2: Assignment
2.1 The manner of execution of the assignment and the person(s) by whom this is done will be determined by LM Immigration Services. LM Immigration Services will take the wishes of the client into account as much as possible.
2.2 LM Immigration Services shall perform the work with the utmost care; however, LM Immigration Services cannot guarantee the achievement of any intended result.
2.3 The client is obliged to provide LM Immigration Services with all information and data reasonably required for the execution of the assignment without delay. Adverse consequences of not provided or incorrect information or data shall be borne by the client.
Article 3: Payment
3.1 The client will be charged an hourly rate or agreed fixed price for the work to be performed. If no written agreement is made in this regard, the hourly rate will be charged.
3.2 The hourly rate is exclusive of VAT and exclusive of any disbursements or payments to third parties (e.g. application fees or costs for requesting documents).
3.3 For appointments with a distance of more than 20 kilometres from LM Immigration Services' place of business, a fee of €0.21 per kilometre will be charged. Half the hourly rate will be charged for travel time.
3.4 LM Immigration Services is entitled to charge the client an advance payment before carrying out the agreed work. LM Immigration Services cannot be charged for failure to carry out work due to non-payment, adverse consequences of suspension of work shall be entirely for the account of the client.
3.5 If the assignment is an application and a fixed price agreement is made, the entire amount will in principle be charged before the application is submitted. Different arrangements can be made in the order confirmation.
3.6 In case of early termination of an application by the client, no refund of the deposit or payment will be given.
3.7 Payment must be made within fourteen days of the invoice date. The client shall be deemed to be in default if the claim is not paid within this period, without notice of default being required. In the event of default, the client shall owe statutory interest as well as extrajudicial collection costs.
3.8 All costs incurred by LM Immigration Services in connection with legal proceedings against the client shall be borne by the client.
Article 4: Liability
4.1 If there is a shortcoming in the execution of an order and damage results from this, LM Immigration Services is not liable for this damage insofar as the shortcoming does not involve intent or recklessness.
4.2 Should liability still arise, it will in any case be limited to a maximum of the insured amount.
4.3 Any claim against LM Immigration Services shall in any event lapse twelve months after the event causing the damage was discovered or reasonably should have been discovered.
4.4 When engaging third parties, the utmost care will be exercised by LM Immigration Services. LM Immigration Services shall not be liable for any damage resulting from shortcomings of third parties.
Article 5: Confidentiality
5.1 LM Immigration Services is obliged to keep the information and data provided by or on behalf of the principal confidential vis-à-vis third parties, unless a legal or professional obligation necessitates disclosure.
5.2 The client is not allowed to disclose or otherwise make available to third parties the contents of advice, drafted documents or other expressions of LM Immigration Services.
5.3 The retention period of records is 5 years from the date of completion of the work.
Article 6: Final provisions
6.1 The legal relationship between LM Immigration Services and the principal is exclusively governed by Dutch law. The Dutch court shall have exclusive jurisdiction. In case the law leaves room for a choice of competent court, the court in Gelderland is competent.
6.2 These general terms and conditions have been drawn up in Dutch and English. In the event of a contradiction between these texts or their interpretation, the Dutch text shall be binding.
6.3 LM Immigration Services is entitled to amend the general terms and conditions from time to time without prior notice. The amended terms and conditions shall apply to all subsequent legal relationships between the client and LM Immigration Services and can be viewed on the website of LM Immigration Services.
Version September 2024