+31 6 123 456 98
abas@hoesseinzada.com
Tivolilaan 205, Arnhem
Scope, purpose and definitions
In this complaints policy, Complaint means any expression of dissatisfaction concerning how a request for services has been dealt with, the quality of services rendered or the fees and/or costs invoiced, other than a complaint within the meaning of Article 4 of the Dutch Attorneys Act (Advocatenwet).
This complaints policy applies to all services provided by Hoesseinzada Legal Services. Hoesseinzada Legal Services will respond to all Complaints in accordance with this policy. Complaints will be handled by mr. A. Hoesseinzada (the Complaints Officer).
The purpose of this policy is to:
Procedure
Complaints must be submitted by e-mail with Hoesseinzada Legal Services, containing, at least, your name and address and the description of your complaint. You will receive a confirmation of the submission of your complaint.
The Complaints Officer will then seek to find a solution. In any case, the Complaints Officer will handle the Complaint carefully and confidentially. The Complaints Officer will seek to respond to your Complaint within four weeks after submission. If the Complaints Officer requires more time to handle the Complaint, he will inform you about this and propose a new deadline.
The response will be shared by letter and will, at least, include the Complaints Officer’s view on the Complaint and his recommendations for possible solutions. If the Complaint has been dealt with to your satisfaction, you and the Complaints Officer will sign the letter. If the Complaint is not resolved to your satisfaction, you can submit your complaint with the competent court in Gelderland (location: Arnhem).
No handling fees and registration of Complaints
Complaints will be handled free of charge. Hoesseinzada Legal Services is not liable for the costs made by you to submit your Complaint. Complaints will be registered for a period of five (5) years.
Hoesseinzada Legal Services respects your personal data and ensures that the personal information provided to it or otherwise obtained by it is treated confidential. Personal data includes all (indirect) information about a person or “data subject”. Hoesseinzada Legal Services processes personal data in order to provide services, to improve services and to communicate personally with you as a data subject. The following implements Hoessenzada Legal Services’ obligations pursuant to the GDPR in relation to the data subject(s) whose personal data Hoesseinzada Legal Services processes. This privacy statement is based on the model provided by the Dutch Bar Association.
Purposes of processing personal data
Hoesseinzada Legal Services processes the personal data mentioned below for the following purposes:
What personal data is processed?
Hoesseinzada Legal Services processes the following (types or categories of) personal data for the purpose of providing its services:
Hoesseinzada Legal Services may obtain these data from the data subject himself or from third parties, such as other clients, judicial authorities and counterparties or their lawyers/authorized representatives.
Legal basis for processing personal data
Hoesseinzada Legal Services processes the personal data mentioned above exclusively on the basis of the following grounds as referred to in Article 6 of the GDPR:
Sharing personal data with third parties
Hoesseinzada Legal Services will only share your personal data with third parties to the extent necessary to provide its services in compliance with the purposes mentioned above. Hoesseinzada Legal Services may also share personal data in connection with (legal) proceedings or correspondence with counterparties and their attorneys/authorized representatives. In addition, Hoesseinzada Legal Services may provide personal data to a third party, such as a supervisory authority or any public authority, insofar its legally obliged to do so.
Where required, a processing agreement shall be concluded with a party that processes your personal data on behalf of Hoesseinzada Legal Services, which party shall also be obliged to treat the personal data to be processed with due care. Third parties engaged by Hoesseinzada Legal Services, who offer services as independent data processors, are themselves responsible for the (further) processing of your personal data in compliance with the GDPR.
Security of personal data
Hoesseinzada Legal Services attaches great importance to the security and protection of your personal data and, taking into account the state of the art, implements appropriate technical and organizational measures to ensure a risk appropriate security level. In case Hoesseinzada Legal Services makes use of services of third parties, such as an IT supplier, Hoesseinzada Legal Services will include adequate security measures in a processor’s agreement for the protection of personal data.
Data retention
Hoesseinzada Legal Services does not keep personal data that is processed by it any longer than necessary for the aforementioned purposes of data processing or as required by law and regulations.
Statistics and cookies
Hoesseinzada Legal Services does not keep track of usage data of its website for statistical purposes and will therefore not collect personal data in this way.
Privacy rights of data subjects
A request for inspection, rectification, restriction, opposition, data portability, deletion of your personal data or withdrawal of previously given consent can be send via the contact details below. You will receive further notice within 3 weeks of receipt of your request.
There may be circumstances under which Hoesseinzada Legal Services cannot or cannot fully implement your request as a data subject. These include the duty of confidentiality of lawyers, prevailing rights of third parties and statutory retention periods.
Your requests as referred to above can be addressed to abas@hoesseinzada.com.
A request must be clear and reasoned. To ensure that we provide the personal data in question to the correct person on the basis of your request, we will ask you to provide sufficient identification. Hoesseinzada Legal Services will only handle requests that relate to your own personal data.
Changes to this privacy statement
Hoesseinzada Legal Services has the right to change the content of this privacy statement at any time without prior notice. Any changes to the privacy statement will be published on www.hoesseinzada.com/privacy-statement.
Hoesseinzada Legal Services
Hoesseinzada Legal Services is registered with the Dutch Chambre of Commerce under number 88166287 (VAT ID: NL004550207B58) and has its office address at Tivolilaan 205, 6824 BV Arnhem (the Netherlands).
Third party funds
Please note that Hoesseinzada Legal Services does not administer a foundation to hold third party funds (stichting derdengelden) and does not facilitate the receipt of third party funds.
Practice area
mr. A. Hoesseinzada is registered as an attorney-at-law with the Nederlandse Orde van Advocaten (the Dutch Bar Association), Prinses Beatrixlaan 5, 2595 AK, Den Haag. Mr. A. Hoesseinzada has registered the following legal practice area in the Dutch Bar Association’s register of practice areas (rechtsgebiedenregister): financial law. Based on this registration, he is required to obtain ten training credits per calender year in the field of financial law in accordance with the standards and requirements set by the Dutch Bar Association.
Article 1
Hoesseinzada Legal Services, with registered office in Arnhem (trade register number 88166287), is sole proprietorship incorporated under Dutch law. Its object is to practice in the legal profession.
Article 2
All services and other activities are carried out by Hoesseinzada Legal Services under a contract for professional services concluded with it, unless otherwise agreed upon in writing. All instructions shall be accepted exclusively by Hoesseinzada Legal Services. In the carrying out of the instructions, Hoesseinzada Legal Services may engage third parties. Hoesseinzada Legal Services shall not be liable for any shortcomings on the part of any third parties engaged by Hoesseinzada Legal Services. Hoesseinzada Legal Services is hereby authorized by the client to accept any third parties’ limitations of liability on client’s behalf.
Article 3
Instructions are carried out by Hoesseinzada Legal Services exclusively for the benefit of the client. Third parties may derive no rights from the instruction and any activities performed in relation thereto.
Article 4
The client indemnifies and holds Hoesseinzada Legal Services harmless from and against any and all claims from third parties as well as any costs to be incurred with respect thereto by Hoesseinzada Legal Services, including the cost of legal aid, arising from the activities performed by Hoesseinzada Legal Services for the benefit of the client.
Article 5
The client grants permission to the processing of personal data within the organisation of Hoesseinzada Legal Services, in accordance with the privacy statement, as published on www.hoesseinzada.com/privacy-statement.
Article 6
The client can only call upon Hoesseinzada Legal Services for damages resulting from or in relation to the carrying out of an instruction. An instruction to Hoesseinzada Legal Services also entails the waiver of any right, to the extent possible in law (i) to hold Hoesseinzada Legal Services liable, on any grounds whatsoever, for damages resulting from or in relation to the carrying out of an instruction, as well as (ii) to take any legal measures against Hoesseinzada Legal Services, including the levying of attachment.
Article 7
If arising from or in connection with the carrying out of an instruction an event should occur as a result of an act or omission, leading to liability towards the client on the part of Hoesseinzada Legal Services, such liability shall always be limited to the amount paid out in the relevant case under the professional liability insurance taken out by Hoesseinzada Legal Services, increased with the amount of the policy excess payable by Hoesseinzada Legal Services in the relevant case under the insurance agreement.
Article 8
All actions for damages against Hoesseinzada Legal Services shall become time-barred one year after the day on which the client has become acquainted with the existence of damages and the liability in question.
Article 9
Fees shall be payable by the client to Hoesseinzada Legal Services for the carrying out of an instruction, plus disbursements and value added tax and, if applicable, office expenses. Unless otherwise agreed upon, the fees will be calculated on the basis of the number of hours worked, multiplied by the hourly rate to be determined by Hoesseinzada Legal Services.
Article 10
Hoesseinzada Legal Services is authorized to set off any advance that has been paid towards the invoice the client against the oldest outstanding invoice. Hoesseinzada Legal Services does not dispose of a foundation for third party funds (Stichting derdengelden) and Hoesseinzada Legal Services will therefore not receive any third party funds.
Article 11
Invoices from Hoesseinzada Legal Services are payable within fourteen days, without set off or suspension. In the absence of timely payment despite a written request to that effect, Hoesseinzada Legal Services is authorized to charge the client for extrajudicial collection costs.
Article 12
In case of non-payment for the services carried out by or at the instructions of Hoesseinzada Legal Services for the benefit of the client, Hoesseinzada Legal Services is authorized to suspend its services until full payment of the outstanding invoices has been made. Any liability on the part of Hoesseinzada Legal Services for damages that may arise as a result thereof shall be excluded.
Article 13
Hoesseinzada Legal Services has in place a procedure for the handling of complaints, which applies to all of its services. The complaints procedure will be sent upon request and is available on www.hoesseinzada.com/complaints-procedure.
Article 14
With the exception of files to which special statutory holding regulations are applicable, a file shall be kept for at least five (5) years in physical and/or electronic form (starting from the date of the final invoice), after which Hoesseinzada Legal Services has the discretion to destroy the file without further notice.
Article 15
Unless otherwise agreed upon in writing, these general terms and conditions shall apply to all contracts for professional services concluded with Hoesseinzada Legal Services. They shall furthermore apply to all additional and subsequent instructions.
Article 16
The legal relationship between the client and Hoesseinzada Legal Services, as well as any legal relationship that arises from the carrying out of an instruction, on any ground whatsoever, is governed by Dutch law. Disputes will be submitted exclusively to the competent court in Arnhem.