1.1. Juralink Consultancy B.V. is a limited liability company under Dutch law that provides legal advice and support. In these General Terms and Conditions the term “Juralink” will be used where Juralink Consultancy B.V. is meant.
1.2. Juralink Consultancy B.V. is part of an international network with offices in Russia but is an independent legal entity.
2.1. These General Terms and Conditions apply to all instructions received from a client and accepted by Juralink.
2.2. If both the client and Juralink use general terms and conditions, those of Juralink will take precedence.
2.3. These General Terms and Conditions can be invoked by Juralink and anyone who is or was associated with Juralink or by any successors in title.
3. An order from a client is deemed to have been given to Juralink. Articles 404, Book 7 of the Dutch Civil Code (which relates to the situation in which the client intends an assignment to be performed by a specific person) and 407 (2), Book 7 of the Dutch Civil Code (which imposes joint and several liability when an instruction is given to two or more persons) do not apply.
4.1. Changes in a client’s instructions as to subject matter, size/scope or depth may result in a change in the price initially offered.
4.2. The client has the right to unilaterally withdraw an assignment in writing. The client must pay the invoice for the time spent by Juralink and reimburse Juralink for all costs incurred up to the moment of revocation.
5.1. Juralink will exercise due care when carrying out an assignment and providing its services, as well as when selecting and subcontracting services from third parties.
5.2. Juralink’s liability is limited to the total amount invoiced to the customer for the relevant assignment in one year. This does not include amounts invoiced in or outstanding since previous years.
Liability for indirect or consequential damages is excluded, except to the extent that such exclusion is not permitted by applicable law.
5.3. Juralink is not liable for any damage resulting from loss, destruction or damage to any documents, books and other data carriers provided to Juralink. Shipping of the aforementioned by post or courier is always at the risk of the client and at his expense.
5.4. A claim against Juralink must in any case be received in writing by Juralink within one year after the moment the facts that led to the claim became known or could reasonably have been known to the client.
5.5. Juralink is not liable for acts and/or omissions by third parties engaged by Juralink in connection with the instruction of the client. By instructing Juralink, the client authorizes Juralink to accept on its behalf a limitation of the liability of third parties. This exclusion does not apply if and insofar as the law provides otherwise.
5.6. The client indemnifies Juralink against all third-party claims arising from or in any way connected with the client’s instruction and/or the services provided tothe client. This indemnification includes the costs of engaging (external) legal assistance.
6.1. Unless otherwise agreed, the costs charged by Juralink are based on the number of hours worked multiplied by the relevant hourly rate, as determined annually by Juralink. Juralink reserves the right to adjust this hourly rate from time to time at its sole discretion.
6.2. Expenses that Juralink incurs for the benefit of the client (such as travel costs, the costs of the couriers, the costs of extracts, translation costs, notarial costs, court fees, etc.) are charged separately.
6.3. All amounts are exclusive of VAT.
6.4. Juralink will invoice the client 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 invoiced amount is not received on the account of Juralink within this period, the client is automatically in default. The Client is liable for the payment of statutory interest on the outstanding amount since the due date and the extrajudicial collection costs incurred by Juralink, which will amount to EUR 500 at the lowest. From the date of default, the client is not entitled to any postponement, retention of title or set-off.
6.6. Objections to an invoice must be accompanied by written argumentation and sent within a period of 14 days from the date of the invoice. Objections to the invoice do not suspend the payment obligation.
7. Juralink retains all intellectual property rights to its products, such as contracts, letters, procedural / court documents, advice, legal judgments, statements, articles and presentations in the final or draft form, unless otherwise agreed in writing.
8.1. The legal relationship between Juralink and its clients is governed by the law of the Netherlands.
8.2. Any dispute between Juralink and a client shall be within the exclusive jurisdiction of the courts of the Netherlands and will in the first instance be settled by the court in Amsterdam, the Netherlands.
9. These General Terms and Conditions have been drawn up in the Netherlands and English. In case of differences between the two versions, the Dutch version takes precedence.
Juralink August 2022 update