MenuGeneral terms and conditions
- De Vries & Metman is a partnership of private companies with limited liability incorporated under Dutch Law (besloten vennootschappen), based in Amsterdam, the Netherlands at Overschiestraat 180, 1062 XK (hereinafter referred to as “DVME”).
- These general terms and conditions apply to all current and future assignments given to DVME by clients, as well as to any assignments and future assignments that DVME provides to third parties, and all legal relationships arising from or connected to these assignments. These general terms and conditions also apply for the benefit of the partners and directors of DVME, all persons working for DVME (hereinafter referred to as “persons affiliated with DVME”), as well as any third parties engaged by DVME for its services or who is or may be liable in that context, including any successors under universal title of the aforementioned parties. The applicability of any terms and conditions of the client is expressly excluded.
- All assignments are deemed to have been given to and accepted by DVME, in deviation from Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code, even if it is the intention that the assignment is executed by one or more persons affiliated with DVME. In deviation from Article 7:409 of the Dutch Civil Code, persons affiliated with DVME are not personally bound or liable, and the assignment does not terminate upon their death.
- In performing an assignment, DVME is authorized to engage third parties and accept the terms and conditions applicable to the relationship between the third party and DVME. DVME may enforce these terms and conditions against the client insofar as they relate to the third party’s execution of the assignment. The client will not hold such third parties directly liable. DVME will exercise due care in selecting these third parties. However, DVME is not liable for any errors or shortcomings by these third parties. The client indemnifies DVME and its affiliated persons against any claims from third parties arising from or related to the execution of an assignment for the client.
- Unless explicitly agreed otherwise, all assignments will be executed against payment of DVME’s hourly rates applicable at the time of execution, multiplied by the hours worked, and fees for specific services. Third-party costs, including taxes and fees imposed by official authorities, as well as office expenses, will be charged. DVME may request an advance payment as security for payment of the amounts due. DVME invoices monthly or, if applicable, upon completion of the assignment. The payment term for invoices is 30 days from the invoice date. If there is more than one client, each client is jointly and severally liable for the invoice payment. Any complaints regarding invoices or the services to which the invoice pertains must be submitted to DVME in writing within 30 days of the invoice date. Otherwise, the client will be deemed to have accepted the correctness and validity of the invoice. If timely payment of the invoice or part thereof is not made, DVME is entitled, without further notice of default, to charge statutory interest and 15% collection costs on the outstanding amount. DVME may also suspend the execution of the assignment in whole or in part or terminate the assignment if the client fails to pay the invoice or fails to provide sufficient advance payment or other security, without being liable for damages to the client.
The client acknowledges that non or late commencement, suspension, and/or cessation of work, or otherwise non or incomplete execution of the assignment or further assignments due to the client’s actions, may result in the non-filing, not timely filing, and/or loss of industrial property rights. DVME is not liable for this or for any resulting consequences. - Any liability of DVME arising from or related to the execution of an assignment is limited to the amount paid out under DVME’s professional liability insurance in the relevant case, increased by the applicable deductible amount. If no insurance payment is made, and DVME is held liable for damages despite the liability limitation agreed with the client, DVME’s liability is limited to the amounts invoiced by DVME in connection with the relevant assignment, up to a maximum of EUR 50,000 per event (a series of related events being considered a single event). Any liability for indirect damages, such as lost revenue, lost profits, or missed savings, is excluded. Claims for damages expire if they are not reported to DVME in writing within one year of discovering the damage.
- The legal relationship between the client and DVME, as well as any liability claims, are governed by Dutch law. All disputes arising from this legal relationship will exclusively be submitted to the competent court in Amsterdam, the Netherlands. In case of a dispute, the Dutch text of these general terms and conditions shall prevail.
Privacy statement De Vries & Metman
This is the privacy statement of De Vries & Metman, located at Overschiestraat 180 in Amsterdam (hereinafter: “we”). This privacy statement applies to the processing of personal data of our clients, potential clients and other persons who visit our website or have contact with us.
This privacy statement explains how we handle personal data. For questions about the privacy statement or if you want to exercise your legal rights with regard to your personal data, or if you want to submit a complaint about the use of your personal data, please contact us.
If you are not satisfied with the handling of your complaint or if you prefer not to submit your complaint to us, you can also submit it to the Dutch Data Protection Authority, via the website autoriteitpersoonsgegevens.nl.
We are responsible for the processing of your personal data and we will do so with the greatest possible care and, of course, comply with the rules arising from the legislation.
Which personal data do we process?
Handling of and advising on patent cases
When you provide us with an order, we process the personal data that you and the other party(ies) to your case provide to us. These are in any case your contact details such as your name, address, email address and telephone number. It also concerns personal data that are relevant to the file. Depending on the case, this may also concern sensitive and/or special personal data.
Billing
We also process data necessary for sending invoices and processing payments for the services provided by us, such as your bank account number and any other payment details.
Contact
If you contact us by email or by telephone, we process the data you provide, such as your contact details (name, email address, telephone number) and the reason why you are contacting us (for example because you have a question).
Analysis of visitors to our website
Finally, we process analytical data about (the computer of) visitors to our website, via cookies that are placed when you visit the website. Through these cookies (part of) the visitor’s IP address is stored.
For what purposes and on what basis do we process personal data?
Handling of and advising on patent cases
We use the personal data that you have provided in the context of handling of a patent case. Because it is possible that sensitive and/or special personal data are processed during the handling process (and this is not always clear in advance), we ask you for permission to process your personal data. You give this permission by signing the order agreement. If you do not give this permission, you will unfortunately not be able to use our services, because we cannot perform the services without processing personal data that are relevant to the file.
You have the right to withdraw your consent. We are then no longer allowed to process your data and can no longer provide you with our services, so that the file will be closed immediately.
Billing
We use the payment information you have provided to invoice services. This processing is necessary to execute the agreement you conclude with us.
Contact
We use the contact details you provide to us to contact you if necessary, for example to answer a question or to confirm an appointment. We process these personal data because these are necessary for the performance of our services and for obtaining new orders.
Analysis of website visitors
The data we collect about the visitors to the website are only used to keep statistics about the visit to the website (for example, to see which pages are viewed the most). The data are stored anonymously.
How long do we keep your personal data?
Patent file
In principle, we keep the patent file and the personal data contained therein for twenty years after the file has been closed, in connection with the maximum statutory limitation period.
Administration
Other contact details
We keep other contact details for two years after the last contact, unless you request us to delete it sooner.
Analysis of website visitors
The data about website visitors are stored for two years after the visit to the website; these are the standard settings of Google Analytics.
With whom do we share your data?
Your data are stored in a digital file and can appear in e-mails that we send or receive, and are therefore stored (and, thus, processed) by our ICT provider. Furthermore, the payment details that you have provided to us for the purpose of billing will be passed on to the party that carries out our financial administration. We have entered into a processing agreement with this party in which at least the same level of security and confidentiality is regulated as you may expect from us.
We do not provide your data to third parties, unless we are obliged by applicable laws and regulations to provide certain data, for example to the police in the context of a criminal investigation.
How are your data secured?
We have taken appropriate technical and organizational security measures to protect your personal data against loss, misuse and unauthorized access by third parties. In addition, we also oblige our ICT provider to take such appropriate technical and organizational security measures.
What are your rights?
In exceptional cases, we keep a file for more than twenty years, for example if the limitation period has been extended or if we believe that there is another legitimate interest that justifies the longer storage of the file.
We keep our records, including the invoices and other documents on which the personal data of the parties are stated, for a period of seven years after the end of the financial year in order to comply with the fiscal retention obligation.
You have the following rights:
- The right to inspect your personal data and to receive a copy thereof.
- The right to rectification of your personal data if these are incorrect or incomplete.
- The right to object to the processing and/or—in certain cases—the right to limit the processing of your personal data.
- In certain cases: the right to have your personal data erased (“right to be forgotten”).
- The right to obtain your personal data in a structured, commonly used and machine-readable form and to transfer that data to another person.
More information about these rights and when you can exercise these can be found on the website of the Dutch Data Protection Authority.
You can exercise your rights by contacting us.
Disclaimer
This website intends only to provide information about intellectual property in general and about De Vries & Metman in particular. De Vries & Metman endeavours to keep this information up-to-date.
De Vries & Metman does not accept any liability for damages resulting directly or indirectly from the information provided. No rights can be derived from the information.
