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Juralink Consultancy B.V.

General Terms & Conditions

 

1.1. Juralink Consultancy B.V. is a limited liability company under the laws of the Netherlands, providing legal advisory and support services. In these terms "Juralink" will refer to Juralink Consultancy B.V..

1.2. Juralink Consultancy B.V. constitutes part of an international network with offices in Russia, but it is an independent legal entity.  

 

2.1. These General Terms and Conditions apply to all instructions received from client and accepted by Juralink.

2.2. In case both client and Juralink use General Terms and Conditions, those of Juralink will prevail.

2.3. These general conditions may be relied on by Juralink and by any persons associated or formerly associated with Juralink and their legal successors.

 

3. Any instruction by a client is considered to have been given to Juralink. Articles 404 of Book 7 of the Dutch Civil Code  (which relates to the situation where it is the client's intention that an instruction be carried out by a specific person) and 407 (2) of Book 7 of the Dutch Civil Code (which imposes a joint and several liability where an instruction is given to two or more persons) shall not be applicable.

 

4.1. Changes in the instructions by client concerning subject, extent/scale or depth may result in a change of the price initially offered.

4.2. The client is entitled to revoke an assignment unilaterally in writing. Client will remain liable to pay the invoice for time spent by Juralink and to compensate Juralink for costs incurred up to the moment of revocation.

 

5.1. Juralink will exercise due care in carrying out an instruction and providing its services as well as in selecting and engaging the services of third parties.

5.2. Any liability of Juralink is limited to the total amount invoiced to the client for the relevant assignment in one year. It will not include any amounts invoiced or outstanding from previous years.

5.3. Juralink will not be liable for any damages resulting from loss, destruction or damage to any documents, books and other data carriers provided to it. Mailing of the aforementioned by post or courier will always be at client’s risk and for his account.

5.4. In any event, any claim against Juralink must have be received by Juralink in writing within one year from the moment when the facts leading to the claim have become known or could have reasonably been known to the client.

5.5. Juralink will not be liable for acts and/or omissions of any third parties engaged by it in connection with the instruction from the client. By instructing Juralink, the client authorizes Juralink to accept on behalf of the client a limitation of liability of third parties.

5.6. The client indemnifies Juralink against all third party claims that arise from or are in any way connected to the instruction from the client and/or the services performed for the client. This indemnification includes the costs of legal aid.

 

6.1. Unless otherwise agreed,  fees charged by Juralink shall be calculated on the basis of the number of hours worked multiplied by the relevant hourly rates established annually by Juralink. Juralink is entitled at its sole discretion to change the hourly from time to time.

6.2. Costs incurred by Juralink on behalf of the client (such as travel expenses, costs of couriers, costs of extracts, costs of translation, notarial fees, court fees etc.) shall be charged separately.

6.3. All amounts are exclusive of VAT.

6.4. Juralink will send client invoices for services rendered by e-mail or regular mail.

6.5. Invoices are  payable within 14 days of the date of the invoice. If the amount invoiced has not been received in the account of Juralink within this term, client is automatically in default. Client shall be liable to payment of statutory interest over the outstanding amount since due date and the extrajudicial collection costs incurred by Juralink which shalll amount to Euro 500 in any event. From the date of default client will not be entitled to claim any deferral, retention or set off.

6.6. Objections against invoices shall be accompanied by written argumentation and send within 14 days from the date of the invoice. Objections to the invoice do not suspend the payment obligation.

 

7. Juralink will retain all intellectual property rights to its productions, such as contracts, letters, procedural/court documents, advices, legal opinions, declarations, articles as well as presentations in final or draft form, unless otherwise agreed in writing.

 

8.1. The legal relationship between Juralink and its clients shall be governed by the laws of the Netherlands.

8.2. Any dispute between Juralink a client shall be subject to the exclusive jurisdiction of the courts of the Netherlands and shall be resolved in first instance by the district court of Amsterdam, the Netherlands.

 

9. These General Terms have been drawn up in English and in Dutch. In case of any discrepancy between the English and the Dutch version, the Dutch version will prevail.