General terms & conditions
  1. These general terms and conditions apply to all assignments to Spinath & Wakkie B.V. (the "Company"). Persons authorized by the Company to accept assignments on its behalf shall hereinafter be referred to as “partner”.
  2. All client assignments are considered to have been given to the Company, also in the event that it is the explicit or implicit intent that the assignment be performed by a specific affiliated person. Article 7:404 of the Dutch Civil Code, which provides for the latter, and Article 7:407 subsection 2, which, for the former, creates a joint and several liability where assignments have been given to two or more persons, shall not apply. The term “affiliated person” includes: employees, advisors, partners, Stichting Beheer Derdengelden Spinath & Wakkie B.V. and shareholders of the Company.
  3. In the event that when carrying out a client assignment, an event should occur which may lead to liability, such liability shall be limited to the amount or amounts paid out, if any, under the Company’s professional liability insurance in the matter concerned. Such amount(s) shall include the Company’s deductible as stated under this insurance. This event shall also include a failure to act. In the event that, by or in connection with the performance of a client assignment or otherwise, damage, for which the Company is liable, is caused to persons or property, such liability shall be limited to the amount or amounts covered by third-party indemnity insurance. Such amount(s) shall include the Company’s deductible as stated under this insurance.
  4. Each claim for damages will lapse one year after the start of the day, following the day on which the client has become known with the damages and with the Company as liable party.
  5. In the event that the Company engages a non-affiliated person in connection with the performance of a client assignment, the Company shall not be liable to the client for any errors of such person. By giving an assignment to the Company, the client authorises the Company to accept on the client’s behalf any limitation of liability requested by such non-affiliated person.
  6. Not only the Company, but also each person affiliated with the Company may invoke these general terms and conditions. The same applies to former affiliated persons and successors under universal title of succession of (former) affiliated persons.
  7. The Company and Stichting Beheer Derdengelden Spinath & Wakkie B.V. may in view of the performance of assignments, keep third-party monies in custody. The Company and Stichting Beheer Derdengelden Spinath & Wakkie B.V. shall deposit these monies with a bank to be designated by the Company in consultation with the interested persons. The Company and Stichting Beheer Derdengelden Spinath & Wakkie B.V. are not liable in the event that such bank does not meet its obligations.
  8. As a result of applicable regulations (including The Act on the Prevention of Money Laundering and Financing of Terrorism (Wet ter voorkoming van witwassen en financieren van terrorisme)) the Company is obliged to establish the identity of its clients and, under certain circumstances, to report unusual transactions to the authorities. By giving an assignment to the Company, the client confirms to be aware thereof and, to the extent necessary, to consent thereto.
  9. The professional fees to be charged by the Company in connection with an assignment, shall be agreed upon by the Company and the client concerned. Costs paid for by the Company on behalf of a client shall be charged separately.
  10. The services rendered by the Company shall in principle be charged to the client on a monthly basis and shall be subject to payment within 14 days of the invoice.
  11. The relationship between the Company and its clients shall be governed by Dutch law. Any disputes between the Company and a client shall be exclusively decided upon the competent court in Amsterdam, the Netherlands, without prejudice to the right to lodge an appeal to a higher court, in the Netherlands, including the Dutch Supreme Court (Hoge Raad).
  12. These general terms and conditions are available in both the Dutch and English language. In the event of any dispute arising as to the contents or purport of these general terms and conditions, the Dutch language version shall prevail.


The Company is established in Amsterdam, the Netherlands and registered with the Trade Registry of the Chamber of Commerce in the Netherlands under number 34370002. These conditions are deposited with the registry of the Amsterdam Court, the Netherlands on 4 February 2010 under number 18/2010.

NLBack