5. Invoicing and payment
a. Unless otherwise agreed, fees will be charged for the services rendered, increased by disbursements, office costs and VAT. “Fees” mean the financial remuneration, whether time based or otherwise, excluding disbursements and office costs, agreed between PVM Notarissen and the client for the performance of the agreement or applicable to the relevant services. “Disbursements” mean the costs incurred by PVM Notarissen in the interest of performing the agreement. “Office costs” mean the fixed surcharge on the fees to cover the costs of office facilities.

b. PVM Notarissen is entitled to require payment of its invoice prior to performing the agreed service. It is also entitled to invoice interim services and to request an advance payment from the client, which advance will be set off against the final invoice. Services may be suspended if the advance payment or any other due invoice is not paid, with exclusion of any liability of PVM Notarissen for damage arising therefrom.

c. PVM Notarissen is entitled to adjust its time based fees annually in accordance with the rates determined by it. If a rate increase takes place within three months after the conclusion of the agreement, the client who is also a consumer within the meaning of the law is entitled to terminate the agreement for the future, without any right to compensation. This right must be exercised within one month after receipt of the first invoice following the rate increase, failing which the client is deemed to have accepted the new rate. In the event of termination, the client remains liable for the time already spent and costs incurred, calculated at the old rate.

d. Payment must be made within fourteen days after the invoice date, failing which the client will be in default by operation of law, without further notice of default, and statutory interest will be due. This is therefore a strict deadline. Only payment by transfer to one of the escrow, bank or giro accounts held in the name of PVM Notarissen, or payment in cash up to the maximum permitted in notarial practice, with any excess to be paid to one of the aforementioned accounts, against proper proof of payment, will discharge the client.

e. If the client is in default and PVM Notarissen takes collection measures, all associated costs, both extrajudicial and judicial, will be borne by the client. Extrajudicial costs amount to the actual costs incurred, or at least fifteen percent of the outstanding amount. For consumer clients, the statutory percentages apply with regard to extrajudicial costs.

f. If the client is a consumer, PVM Notarissen will grant the client one final opportunity to pay within fourteen days in the event of late payment. Statutory interest will already be due in that case.

g. Interest will be paid by PVM Notarissen on amounts deposited in its escrow account, such as a deposit, escrow funds or estate funds. The interest is paid to the client to whom the amount is disbursed and is equal to the interest received by PVM Notarissen on that amount. The interest is paid together with the principal. No interest is paid if the amount is held for fewer than five working days. If PVM Notarissen does not receive interest on amounts deposited in its escrow account but instead has to pay interest, negative interest, the relevant client must reimburse this interest and the administrative costs incurred by PVM Notarissen in this connection.

h. If and insofar as PVM Notarissen, as a service and not as an obligation, provides a notice of default for a client, administration costs will be charged in the amount of €66.55 including VAT and including postage costs for registered mail within the Netherlands. These costs will be charged to the party on whose instructions or on whose behalf the registered letter is sent.