Terms & Conditions

1. Who we are and when these terms apply

These general terms and conditions apply to all offers, quotations, fee proposals, engagements and services of Ciconia Legal, a legal practice registered with the Dutch Chamber of Commerce (KVK) under number 74817566 (“we”, “us”). They apply to all of our work — including legal advice and consultancy, immigration, visa and residence or work permit matters, expat scheme (30% ruling) and other ruling matters, objections and appeals, and representation and advisory work — and to every follow-up, amended, or supplementary engagement.

How an engagement comes about: we set out the scope of the work and the fee in a proposal, offer letter or fee proposal, which refers to these terms and to our Privacy Policy. The agreement enters into force when you accept and sign that proposal. By signing, you agree to these terms and to our Privacy Policy. If a provision of the signed proposal conflicts with these terms, the proposal prevails.

All engagements are accepted and carried out exclusively by Ciconia Legal, even where it is intended that the work is performed by a specific person. The applicability of Articles 7:404 and 7:407(2) of the Dutch Civil Code is excluded. Engagements are carried out exclusively for the benefit of the client; third parties cannot derive any rights from them.

2. Our services

We provide legal advice, immigration and expat scheme, visa and ruling services. Depending on your situation, our work may include legal consultancy, advice and guidance, residence and work permit applications, expat scheme and other ruling applications, objections and appeals against decisions of the authorities, and other advisory or representation work.

The precise scope, deliverables and fee of each engagement are set out in the applicable proposal, offer letter or fee proposal. Work that falls outside an agreed fixed fee is carried out only on the basis of a separate or supplementary proposal, or against the applicable hourly rate as indicated in the service letter.

3. Fees and payment

All fees are stated exclusive of Dutch VAT (BTW) unless indicated otherwise. The applicable fee, and whether it is a fixed fee or based on an hourly rate, is set out in the proposal, offer letter or fee proposal.

Third-party costs incurred for your matter — such as official or governmental fees, legalisation, translation, and courier or postal charges (disbursements) — are charged in addition, at cost and without any mark-up. The amount of any disbursement is confirmed before it is incurred. Fees payable to public authorities are set by those authorities, are subject to periodic amendment, and are as a rule not refunded where an application is rejected, discontinued or withdrawn.

Fixed-fee packages are payable in advance in accordance with the instructions in the engagement letter / offer letter or fee proposal received; work starts after the respective payment has been received.

Work outside fixed-fee packages is invoiced periodically or as agreed in the proposal. Invoices are payable within 14 days of the invoice date, without suspension or set-off. If an invoice remains unpaid after the payment term, we may suspend work on your matter after notifying you, and statutory interest and reasonable collection costs may be charged.

If you upgrade from the 30% ruling / expat scheme DIY Application Package to the Full Application within 30 days of purchase, the DIY fee is deducted from the Full Application fee.

4. Right of withdrawal (consumers)

If you order as a consumer, you have the statutory right to withdraw from the agreement within 14 days without giving a reason (Article 6:230o Dutch Civil Code).

If you ask us to start work within this 14-day period, you expressly consent to immediate performance. If the service is fully performed within the withdrawal period — for example, your document package has been delivered — you acknowledge that the right of withdrawal lapses upon full performance. If you withdraw after work has started but before completion, you owe a proportionate part of the fee for the work already performed.

5. Your responsibilities

Our work is based on the information and documents you provide. You are responsible for providing information and documents that are accurate, complete, truthful and up to date, and for informing us promptly and in good time of any change relevant to your matter.

You acknowledge that the scope and depth of our work, the speed at which your matter can proceed, the precision of the documents and advice we produce, and ultimately the outcome, all depend directly on the accuracy, completeness, truthfulness and timeliness of the information and documents you provide. We are entitled to rely on that information as provided, without independent verification, and we are not obliged to check its correctness.

For the DIY Application Package (30% ruling / expat scheme) specifically: you accept full responsibility for the correctness of the data in, and the completeness of, the application you submit to the Tax Authorities. The package is delivered without review of your individual file, and we are unable to verify the information you enter or the documents you enclose.

6. No guarantee of outcome

Our engagements are an obligation to use our best efforts (inspanningsverplichting), not an obligation to achieve a particular result (resultaatsverplichting). We commit to carrying out the work with due professional care and to the best of our ability, but we do not and cannot guarantee any particular outcome.

Decisions on applications, objections and appeals are made exclusively by the competent authorities (such as the Belastingdienst, the IND, the UWV, a ministry, or any other authority we deal with for your matter) and, where applicable, the courts. We have no influence over their decisions, processing times, or changes in law or policy, and we are not responsible for them.

7. Duration and termination

An engagement ends when the agreed work has been completed. You may terminate an engagement in writing at any time; in that case you owe the fee for the work performed up to termination, and any prepaid fixed fee is settled in proportion to the work already performed.

We may terminate an engagement, with immediate effect where necessary, if an invoice remains unpaid after a reminder, if the relationship of trust required for proper representation has broken down, if a conflict of interest arises, or if continuing would conflict with a legal or professional obligation. Where reasonably possible, we will complete urgent actions before ending the engagement.

8. Liability

We carry out our work with due professional care. Nevertheless, our liability for any damage arising from or connected with an engagement is limited as set out in this clause.

We are not liable for any damage that results from or is connected with information or documents provided by you that are incorrect, incomplete, untruthful or provided late, nor for any damage resulting from your decision to proceed contrary to — or without following — our advice, warnings or recommendations.

We are not liable for the decisions, processing times or actions of the competent authorities (such as the Belastingdienst, the IND, the UWV, a ministry, or any other authority) or the courts, nor for any change in law or policy.

Our total liability for any damage is in all cases limited to the amount of the fee actually paid to us for the specific engagement to which the damage relates and, where and to the extent professional liability insurance is in force and provides cover for the matter, to the amount actually paid out under that insurance. We are never liable for indirect or consequential damage, including loss of income, missed benefits or tax advantages, or claims by third parties.

Any claim against us lapses if it has not been submitted to us in writing within twelve months after you became aware, or could reasonably have become aware, of the facts on which the claim is based, and in any event twelve months after the engagement has ended.

The limitations in this clause do not apply to the extent that damage is the result of intent (opzet) or deliberate recklessness (bewuste roekeloosheid) on our part.

9. Use of documents and intellectual property

All documents, templates, letters, addenda, checklists and instructions we provide, and all intellectual property rights in them, remain our property. They are made available to you under a limited, personal and non-transferable right of use, solely for your own application or matter.

You may not, without our prior written consent, share, publish, copy, reproduce, distribute, resell, commercially exploit, or make available to any third party — in whole or in part — any document, template or addendum we provide, nor use it for any person or purpose other than your own matter.

In the event of any breach of this clause, you forfeit to us an immediately payable penalty of EUR 2,500 per breach, plus EUR 250 for each day the breach continues, without any notice of default being required, and without prejudice to our right to claim full compensation for the actual damage suffered instead of or in addition to the penalty.

10. Personal data and confidentiality

We treat everything you share with us as confidential, subject only to obligations under the law. We process personal data as described in our Privacy Policy. By engaging our services, you acknowledge that processing of your personal data is necessary for the performance of the engagement.

11. Complaints and dispute resolution

If you are dissatisfied with our services, please first raise this with us through the contact form on our website, with a description of the complaint. We will respond within a reasonable time and try to resolve the matter together.

The parties will always first make every effort to resolve any dispute amicably and in mutual consultation. Only if an amicable resolution proves impossible will the dispute be submitted to the competent court in the Netherlands.

12. Amendments and applicable law

We may amend these terms; the version in force at the time your engagement is confirmed applies to that engagement. Dutch law applies to all engagements and to these terms.

13. Severability

If any provision of these terms is or becomes wholly or partly void, voidable, or unenforceable, the remaining provisions remain in full force and effect. In that case, the parties will replace the invalid provision with a valid provision that reflects the purpose and intent of the original provision as closely as possible.