1. Finway B.V. (“Finway”) is a limited liability company (besloten vennootschap met beperkte aansprakelijkheid) incorporated under the laws of the Netherlands, whose object is to conduct the practice of law. Finway may be assisted by persons engaged by it, as direct and indirect representative of the client, in connection with the performance of client assignments.
   
   
2. All assignments to Finway or (legal) persons related to Finway are considered to have been exclusively given to and accepted by Finway. The operation of articles 7:404 and 7:407 of the Dutch Civil Code is excluded.
   
   
3. If, in the context of the performance of an assignment, an event occurs which leads to liability, then such liability shall be limited to the amount which is paid out under the professional liability insurance taken out by Finway, plus the amount of the deductible which must be borne by Finway pursuant to the insurance policy in the matter concerned. Such event may include a failure to act.
   
   
4. Claims for damages shall expire after a period of one year from the day following the day on which the client became aware of the damages and Finway as the liable party.
   
   
5. These General Conditions apply to every assignment given to Finway, including supplemental assignments, follow-up assignments and new assignments as well as all and any legal relationships related thereto. If a supplemental assignment, follow-up assignment or new assignment is given by a (legal) person related to the original client, these General Conditions also apply to such supplemental assignment, follow-up assignment or new assignment and the original client guarantees that these General Conditions apply to such supplemental assignment, follow-up assignment or new assignment. The operation of articles 6:227b paragraph 1 and 6:227c of the Dutch Civil Code concerning (the provision of information and coming into existence of) e-commerce transactions is explicitly excluded in case the client is acting in the exercise of profession or business.
   
   
6. If Finway engages a person or legal entity not associated with Finway to perform an assignment from the client, Finway shall not be liable vis-à-vis the client for any errors or omissions made by such person or legal entity. In the event the aforementioned person or legal entity is engaged by Finway on behalf of the client whilst acting as a direct or indirect representative (middellijk of onmiddellijk vertegenwoordiger), of the client, the client herewith authorizes Finway to accept on its behalf a limitation of liability stipulated by such person of legal entity.
   
   
7. Pursuant to applicable regulatory legislation, regulations and rules of conduct (including under certain circumstances the Money Laundering and Terrorist Financing (Prevention) Act (“Wwft”), Finway is obliged to determine and verify the identity of its clients (and in certain cases, of the client’s representative and party its ultimate beneficial owner(s)). Finway accepts the assignment from the client subject to the resolutive condition that the identity of the client can be determined and verified. If the Wwft applies, Finway is under certain circumstances obliged to report certain unusual transactions performed or intended by or for the client to the competent authorities. The Wwft prohibits Finway from informing the client about its intention to report an unusual transaction and about reporting an unusual transaction. If Finway finds the information on the ultimate beneficial owner(s) of client as registered in the UBO-register to be incorrect or incomplete, Finway is obliged to report this to the Chamber of Commerce. By instructing Finway, a client therewith confirms its awareness of such obligations on the part of Finway and gives its permission thereto insofar as is required.
   
   
8. Unless the client and Finway have agreed upon a fixed fee or upon remuneration that is (partly) dependent of the result of the services, all fees for the activities of Finway will be invoiced on the basis of subsequent calculation, based on the applicable hourly rates plus VAT. In addition, expenses will be charged by Finway as incurred during the performance of an assignment.
   
   In principle, the client will receive a fee statement shortly after the end of each calendar month pertaining to the activities until that moment. However, depending on the extent of the activities, a fee statement may also be forwarded after a longer period of time unless otherwise agreed. Invoices must always be paid within 14 calendar days of the invoice date, unless otherwise agreed in writing.
   
   
9. Finway is authorized to make use of (digital) means of communication and communication services and (digital) means and services for the storage of data,  whether or not provided by third parties. Finway is not liable for any damage that may, directly or indirectly, result from or relate to the use of such means or services. Finway is not liable for any damage that may, directly or indirectly, result from or relate to the interception, manipulation, infection or delay in (transportation of) electronic messages and documents or wrongful (transportation of such) messages or documents, including but not limited by viruses or hacks.
   
   
10. Finway is the data controller within the meaning of the General Data Protection Regulation (“GDPR”) for the personal data it receives from clients within the context of its services. Unless stated otherwise, Finway will only process these personal data for the purpose of providing services and in order to comply with its legal obligations. The client guarantees that the GDPR and other legislation in the field of personal data protection will not be violated by the provision of the personal data to Finway in the context of the provision of services. The client will inform Finway immediately if personal data are no longer correct and must be rectified and/or deleted. The client will inform those concerned, to the extent required by law, about the processing of the personal data by Finway in accordance with the GDPR and other applicable legislation, in accordance with the privacy statement on the website of Finway. In the event of an infringement in connection with personal data which must be reported to the party concerned by Finway, pursuant to article 34 of the GDPR, the client will inform the party concerned at Finway’s first request and in accordance with Finway’s reasonable instructions. The client indemnifies Finway against, and compensates Finway for (i) all loss or damage and (ii) penalties imposed on Finway by regulators in connection with a failure in the performance of one or more obligations of the client arising from this article, the GDPR and/or other legislation in the field of personal data protection.
    
    
11. These General Conditions may be invoked not only by Finway, but also by any person engaged in the performance of a client assignment. The same shall apply to former employees, including their heirs, if they are held liable after they have left Finway.
    
    
12. Finway’s office complaints procedure, which complies with relating regulations under the Dutch Act on Advocates (Advocatenwet), applies to all client assignments. This office complaints procedure can be found on www.finway.nl and a copy thereof will be made available on request.
    
    
13. These General Conditions are available in the Dutch and English language. In case of any discrepancy as to the contents and purport of these conditions, the Dutch text shall prevail.
    
    
14. The legal relationship between Finway and its clients shall be governed by Dutch law and Dutch law is applicable to these General Conditions (including but not limited this article). Any dispute, including but not limited to any claim for damages on whatever grounds) shall be exclusively submitted to the competent court in Amsterdam, the Netherlands.

Finway B.V. has its corporate seat in Amsterdam, the Netherlands and is registered with the Dutch trade register under number 82243654.

Finway has no access to a third-party account (derdengeldenrekening).