5. Invoicing and payment
a. Unless otherwise agreed, a professional fee will be charged for the services performed, increased by disbursements, office expenses and value added tax. “Professional fee” means the financial remuneration, whether based on time spent or otherwise, excluding disbursements and office expenses, agreed between PVM notarissen and the client for the performance of the agreement, or applicable to the relevant services. “Disbursements” means the costs incurred by PVM notarissen in connection with the performance of the agreement. “Office expenses” means the fixed surcharge on the professional fee to cover the costs of office facilities.

b. PVM notarissen is entitled to require payment of its invoice before performing the agreed service. It is also entitled to invoice work on an interim basis and to require the client to make an advance payment, which advance payment will be deducted from the final invoice. Services may be suspended if the advance payment or any other due and payable invoice is not paid, without PVM notarissen being liable for any loss or damage resulting therefrom.

c. PVM notarissen is entitled to adjust its time-based professional fees annually in accordance with the hourly or other rates determined by it. If the rates are increased within three months after the agreement was concluded, a client who is also a consumer within the meaning of the law is entitled to terminate the agreement with effect for the future, without being entitled to compensation. This right must be exercised within one month after receipt of the first invoice following the rate increase. Failing this, the client will be deemed to have accepted the new rate. In the event of termination, the client will remain liable for the time already spent and costs already incurred, calculated at the previous rate.

d. Payment must be made within fourteen days of the invoice date. Failing this, the client will automatically be in default, without any further notice of default being required, and will owe statutory interest. This therefore constitutes a strict deadline. The client will only be discharged from its payment obligation by payment into one of the notarial trust, bank or giro accounts held in the name of PVM notarissen, or by payment in cash, up to the maximum amount accepted or prescribed for the notarial profession. Any amount exceeding this maximum must still be paid into one of the aforementioned accounts. Cash payments will only discharge the client if proper proof of payment is provided.

e. If the client is in default and PVM notarissen takes collection measures, all associated costs, both extrajudicial and judicial, will be payable by the client. The extrajudicial costs will amount to the costs actually incurred, subject to a minimum of fifteen per cent of the outstanding amount. In the case of a consumer client, the statutory percentages will apply to extrajudicial collection costs.

f. If the client is a consumer, PVM notarissen will, in the event of late payment, give the client one final opportunity to make payment within fourteen days. The client will, however, already owe statutory interest.

g. PVM notarissen will pay interest on amounts deposited into its notarial trust account, such as a security deposit, an amount held in escrow or estate funds. The interest will be paid to the client to whom the amount is ultimately disbursed. This interest will be equal to the interest received by PVM notarissen on the amount concerned. The interest will be paid together with the amount concerned. PVM notarissen will not pay interest if the amount is held for fewer than five working days. If PVM notarissen does not receive interest on an amount deposited into its notarial trust account, but is instead required to pay interest on that amount, referred to as “negative interest”, the relevant client must reimburse PVM notarissen for this interest and for the administrative expenses incurred by PVM notarissen in connection therewith.
PVM Notaries does not provide banking services. If, prior to a transaction, a party is required to transfer funds to one of PVM Notaries’ client accounts, the transfer must be made in such a way that the relevant amount is credited to the client account no more than five (5) working days before the date of the transaction. If the amount is transferred earlier, PVM Notaries reserves the right either to return the amount or to retain it, at its sole discretion, without any interest being payable.

h. If and insofar as PVM notarissen issues a notice of default on behalf of a client, as a service and not as an obligation, administrative expenses and the postage costs of the registered letter will be charged, based on the costs applicable in the Netherlands. These costs will be charged to the person on whose instructions or on whose behalf the registered letter is sent.

i. If and insofar as PVM notarissen performs services for a seller or transferor, including but not limited to costs:

• relating to the repayment of a bridging loan and/or the repayment and discharge of the seller’s or transferor’s mortgage or mortgages and/or attachments registered against the relevant registered property;
• for requesting a redemption statement from the mortgage provider or credit provider concerned;
• for Land Registry fees for each mortgage registration to be discharged;
• for any office expenses;
• for preparing a power of attorney for the seller or transferor;
• for demonstrably additional services in connection with the settlement of an estate and/or debt restructuring under the WSNP and/or bankruptcy proceedings; and/or
• for additional services in connection with obtaining a discharge, these costs do not fall within the meaning of “costs payable by the purchaser” and will be charged by the civil-law notary to the seller or transferor.