About us
Asteriq is an independent litigation firm specializing in complex disputes. We act in cases where financial, commercial, or societal interests are significant, and where making the right strategic choices determines the outcome.
Asteriq B.V. (“Asteriq”) has its statutory seat in Rotterdam, and its registered office at Lammenschansweg 77, 2323 DK Leiden is registered with the Dutch Trade Register under number 42106232 and holds VAT number NL869761018B01.
Asteriq provides its legal services subject to the rules of professional practice of the Dutch Bar Association (Nederlandse Orde van Advocaten, NOvA). The codes of conduct that are applicable to the engagement can be found on the website of the Dutch Bar Association.
These general terms and conditions apply to all engagements given to and accepted by Asteriq, including but not limited to all subsequent engagements or non-standard additional engagements. Any terms differing from these general terms and conditions only apply if agreed in writing.
Engagements are exclusively accepted by Asteriq. This applies even if it is the express or implied intention of a client (the “Client”) that an engagement be performed by a certain specific individual. The applicability of Articles 7:404, 7:407 and 7:409 of the Dutch Civil Code (Burgerlijk Wetboek) is expressly excluded as regards the legal relationship between Asteriq and the Client.
Asteriq will have the engagement performed by natural persons or legal entities affiliated with Asteriq. The natural persons or legal entities affiliated with Asteriq are understood to include all natural persons and legal entities that have been engaged by Asteriq to perform the engagements given to Asteriq, including but not limited to the employees of Asteriq, representatives of Asteriq and principals of Asteriq.
Asteriq is also entitled to engage third parties for the performance of the engagement (such as litigators, experts, bailiffs, translators, couriers, etc.), their fees to be charged to the Client, subject to conditions set by these third parties. If the third parties engaged by Asteriq wish to limit their liability in connection with the performance of an engagement, Asteriq is entitled to accept such a limitation of liability by third parties on behalf of the Client. Asteriq is not liable for any acts or omissions of these third parties, except in the event of willful misconduct or gross negligence / deliberate recklessness on the part of Asteriq or of the people charged with the management of its business.
The performance of the engagement is exclusively for the benefit of the Client; third parties cannot derive any rights from it.
Asteriq reserves the right to suspend or terminate performance of the engagement with immediate effect if the Client or any natural persons or legal entities affiliated with the Client are listed on any sanctions lists that are relevant for Asteriq, including the sanctions lists of the European Union (EU), the United Nations (UN), the United Kingdom (UK) and the United States of America (USA).
In principle, Asteriq sends monthly invoices for services provided. If requested, invoices may also be sent by email.
Hourly rates are reviewed in principle every year on 1 January.
In addition, Asteriq is entitled to increase the basic hourly rate and/or disbursements during the course of the engagement. A change in the hourly rate of an associate based on seniority does not constitute a review of the hourly rate within the meaning of this Article.
The payment term for invoices is 15 days from the invoice date.
The Client must transfer the amount due in the currency specified to the bank account mentioned on the invoice. Amounts due may not be set off against other amounts unless Asteriq has given prior written permission to do so. The Client does not have the right to suspend its payment obligation unless Asteriq has given prior written permission to do so.
Payment shall be made in full and cleared funds, without any deduction or set-off and free from and without any deductions for or on account of taxes, levies, import duties, charges, fees or deductions of any nature whatever, imposed now or in the future by any government, tax, banking or other authority, save where required by law. If the Client is compelled to make a deduction of such kind, the Client will inform Asteriq accordingly and pay such additional amounts to Asteriq as will be required to ensure that Asteriq receives the full amount that Asteriq would have received without the deduction.
In the event of failure to pay within this payment term, the Client is in default by operation of law, and statutory interest will start to accrue as referred to in Article 6:119a of the Dutch Civil Code without written notice of default being required. If Asteriq commences legal proceedings or takes out-of-court measures, the Client must compensate Asteriq for the legal and other costs incurred in accordance with the Extrajudicial Collection Costs (Standards) Act (in Dutch: Wet normering buitengerechtelijke incassokosten, WIK) and the Extrajudicial Collection Costs (Fees) Decree (in Dutch: Besluit vergoeding voor buitengerechtelijke incassokosten), with a minimum of 15% surplus on the principal, and the statutory order for legal costs.
Asteriq is entitled to request an advance payment at any time.
If payment of the invoice or advance payment is not received within the specified payment term, Asteriq may (i) terminate performance of the engagement by giving notice or (ii) suspend the engagement with immediate effect, until the amount due increased by interest and costs has been paid by the Client. Asteriq is not liable for damage and/or loss incurred by the Client as a result of the termination or suspension of the engagement.
If payment of the invoice or advance payment is not received within the specified payment term, any rights or claims the Client may exercise against Asteriq and the natural persons and legal entities affiliated with Asteriq, including the right to claim performance or compensation, will cease to have effect.
In the unlikely event that the Client has concerns about Asteriq’s handling of the engagement, Asteriq asks the Client to contact its Asteriq contact person on this as soon as possible. If the contact person fails to resolve the complaint to the Client’s satisfaction, the Client may submit a formal complaint in accordance with Asteriq’s complaints procedure. Asteriq’s complaints procedure can be found on Asteriq’s website.
Asteriq has taken out professional liability insurance. Asteriq’s liability is covered subject to the conditions referred to in the insurance policy. A copy of the summary of coverage and a certificate of insurance will be sent to the Client at its request.
If Asteriq’s performance of an engagement gives rise to liability towards the Client, Asteriq’s total liability for any loss incurred or to be incurred by the Client as a result of the event that caused the loss and that can be attributed to Asteriq is limited to (i) the amount paid to Asteriq under the relevant professional liability insurance policy of Asteriq in that particular instance, increased by (ii) the amount of Asteriq’s deductible under that professional liability insurance policy.
“Loss” is understood to mean the direct damage and/or direct loss incurred by the Client, which is connected in such a way to an event for which Asteriq is liable that the Client’s damage and/or loss can be attributed to Asteriq. Asteriq is not liable towards the Client for consequential damage and/or lost profits, not even if the lost profits are related to the event for which Asteriq is liable in such a way that the Client’s lost profits can be attributed to Asteriq.
Asteriq may not invoke the exoneration in question if the Client’s damage and/or loss arose as a result of willful misconduct or deliberate recklessness on the part of Asteriq or of the people charged with the management of its business.
The liability or personal liability of natural persons or legal entities affiliated with Asteriq who have performed the engagement for or on behalf of Asteriq for the Client is limited to the amount paid out by the insurance company. The natural person or legal entity affiliated with Asteriq is not liable or personally liable for damage and/or loss incurred by the Client in excess of the amount paid out by the insurance company. If the Client holds a natural person or legal entity affiliated with Asteriq directly liable by reason of a wrongful act or other grounds, this natural person or legal entity can invoke this limitation of liability pursuant to Article 6:257 of the Dutch Civil Code or, alternatively, Article 6:253 of the Dutch Civil Code.
Damage claims lapse one year after the date on which the Client became aware or should reasonably have become aware of the damage and/or loss in question and of Asteriq as the potentially liable party.
The Client acknowledges and accepts that the natural persons or legal entities that have performed the engagement by or on behalf of Asteriq are not liable for third-party claims for loss by or in connection with the activities to be performed by or on behalf of Asteriq for the Client, nor are they liable for the costs of Asteriq and/or the costs of natural persons or legal entities affiliated with Asteriq who have performed the engagement by or on behalf of Asteriq in connection with putting forward a defence against such claims.
Asteriq respects personal data and ensures that personal data provided to or otherwise obtained by Asteriq is processed confidentially and in accordance with applicable legislation.
Asteriq’s website contains a privacy statement outlining which personal data Asteriq processes and how long data is retained, why and on what grounds this data is processed by Asteriq (and by the data processors engaged by Asteriq), and what the rights of the data subjects are.
In exceptional cases, Asteriq may be classified as data processor for specific forms of services being provided. In that case, the Client and Asteriq will enter into a processing agreement in line with market standards, where the limitation of liability laid down in these general terms and conditions is applicable.
The Client warrants that all personal data Asteriq receives from the Client as part of the performance of the engagement may be provided legally to Asteriq and indemnifies Asteriq against any claims from involved parties in connection with unlawful processing by the Client.
Lawyers are required by statute to verify the identities of their clients. For the purpose of optimizing risk assessments, preventing conflicts of interest, and improving the standard of its services, Asteriq considers it essential that it forms a thorough understanding and clear image of its clients and of related individuals and organizations. Pursuant to the Money Laundering and Terrorist Financing (Prevention) Act (Wet ter voorkoming van witwassen en financieren van terrorisme, the “Wwft”), lawyers are required by law to verify the identity of Clients in many instances.
The Wwft also obliges Asteriq to report transactions, whether proposed or already performed, that classify as an unusual transaction to the Financial Intelligence Unit Nederland (FIU-NL). The lawyer who draws up this report is obliged to observe confidentiality. Accordingly, Asteriq is not allowed to inform the Client that it has reported such a transaction.
If the Client refuses or declines to provide information as part of the client due diligence, or if the results of the client due diligence warrant it, Asteriq may be compelled at law to suspend or terminate performance of its services by virtue of the Wwft. Even in matters not subject to Wwft requirements, Asteriq reserves the right to suspend or terminate performance of its services if the Client refuses or declines to provide information as part of the client due diligence, or if the results of the client due diligence warrant it.
The Client is free to contact Asteriq for further information about client due diligence and the notification requirements.
Pursuant to Council Directive 2018/822 of 25 May 2018 and the relevant Dutch legislation, Asteriq may have an obligation to notify the relevant supervisory authority of reportable cross-border arrangements or to alert other persons involved in the engagement to the notification requirement. The Client is free to contact Asteriq for further information about the notification requirement for cross-border tax arrangements.
All legal relationships between Asteriq and the Client, including any notices of liability, are governed by and will be construed in accordance with Dutch law.
The district court of Rotterdam, Rotterdam location, has exclusive jurisdiction to settle any disputes which have arisen or may arise in connection with the legal relationship(s) between Asteriq and the Client, without prejudice to Asteriq’s right to bring future claims before (i) the Netherlands Arbitration Institute in accordance with the prevailing arbitration regulations of that institute for rendering a decision by arbitration or (ii) the court of the country in which the Client has its registered office or domicile.
If and to the extent that the Client is classified as a consumer who enters into the agreement for a use not considered corporate or professional, the parties hereby agree that the court in the place where the Client has its domicile is to have exclusive jurisdiction to settle any disputes which have arisen or may arise in connection with their particular legal relationship(s).
Notwithstanding the foregoing, Asteriq and the Client hereby explicitly waive the right to initiate legal proceedings in the United States of America (USA) and/or Canada in connection with disputes which have arisen or may arise between Asteriq and the Client in connection with their particular legal relationship(s).
Asteriq is entitled to amend its general terms and conditions. The amended general terms and conditions are deemed to have been accepted if the Client has not objected in writing to the amended general terms and conditions within fourteen (14) days of the general terms and conditions becoming known to it or having been sent to it.
Asteriq is an independent litigation firm specializing in complex disputes. We act in cases where financial, commercial, or societal interests are significant, and where making the right strategic choices determines the outcome.
