Terms and conditions
General Terms and Conditions - Justena Law
Article 1. Definitions
1.1 Justena Law: Justena Law, established in Utrecht, registered with the Dutch Chamber of Commerce under number 97998958.
1.2 Client: any natural person or legal entity that enters into, or intends to enter into, an agreement with Justena Law for the provision of legal services.
1.3 Consumer: a Client, being a natural person, who acts for purposes outside his or her trade, business, craft, or profession.
1.4 Business Client: a Client who acts in the course of a trade, business, or profession, including legal entities, businesses, sole proprietorships, and self-employed persons, insofar as they act in that capacity.
1.5 Agreement: the written, electronic, or oral agreement between Justena Law and the Client for the provision of legal services.
1.6 Engagement Confirmation: the written or electronic confirmation setting out the engagement, the work to be performed, the fees, any advance payments, rates or special arrangements.
1.7 Services: all work carried out by Justena Law under the Agreement, including legal advice, contract drafting, correspondence, negotiation, representation in legal proceedings to the extent permitted by law, mediation, and other legal support.
1.8 Third-Party Costs: costs of third parties connected with the engagement, including court fees, bailiff costs, translation costs, expert fees, extracts, courier costs, administrative charges, and comparable external costs.
1.9 In Writing: by letter or by electronic communication, including e-mail, provided that the content can be stored durably.
Article 2. Applicability
2.1 These general terms and conditions apply to all offers, quotations, Engagement Confirmations, work, and agreements between Justena Law and the Client.
2.2 Deviations from these general terms and conditions are valid only if agreed in writing.
2.3 If a provision in the Engagement Confirmation deviates from these general terms and conditions, the provision in the Engagement Confirmation shall prevail.
2.4 The applicability of any general terms and conditions of the Client is expressly excluded.
2.5 Justena Law shall make these general terms and conditions available to the Client before or at the time the Agreement is concluded, in such a way that the Client can take note of them and store them for later reference. If the Agreement is concluded electronically, the general terms and conditions shall be made available electronically.
2.6 If the Client is a Consumer, these general terms and conditions do not affect the rights that the Consumer has under mandatory consumer law.
Article 3. Formation and Performance of the Engagement
3.1 An Agreement is concluded as soon as:
a) the Client gives written or electronic acceptance of a quotation or Engagement Confirmation from Justena Law;
b) Justena Law confirms, in writing or electronically, an engagement given by the Client; or
c) Justena Law begins performing the engagement at the Client’s express request.
3.2 If the Client is a Consumer and the Agreement is concluded at a distance or through the website, the Agreement shall only be concluded after the Consumer has, before placing the order, received clear information about the service, the price including VAT, any additional costs, the right of withdrawal, and the applicable general terms and conditions, and has expressly confirmed the order.
3.3 Justena Law shall perform the work to the best of its ability and with the care that may be expected of a reasonably competent and reasonably acting legal service provider.
3.4 The work performed by Justena Law constitutes a best-efforts obligation and not an obligation to achieve a specific result. Justena Law therefore does not guarantee any specific outcome of advice, negotiation, proceedings, or any other legal matter.
3.5 Advice is provided based on the information supplied by the Client, the available documents, and the applicable laws and regulations at the time the advice is given.
3.6 The Client shall provide in good time all information, documents, and data necessary for the proper performance of the engagement. The Client warrants the accuracy, completeness, and currentness of such information, documents, and data.
3.7 The Client shall inform Justena Law in good time of deadlines, hearing dates, decision periods, objection or appeal deadlines, pending proceedings, and any other circumstances that may be relevant to the engagement.
3.8 Justena Law may engage third parties in the performance of the engagement if this is necessary or desirable for the proper performance of the engagement. Insofar as Third-Party Costs are charged onto the Client, prior consultation shall take place, unless urgency or the nature of the engagement prevents this.
3.9 Justena Law is entitled to refuse an engagement or suspend its performance if there is a conflict of interest, insufficient information, non-payment, lack of cooperation, unreasonable instructions, or other circumstances that prevent the careful performance of the engagement.
Article 4. Fees, Rates, and Discounts
4.1 The fee shall be determined based on the Engagement Confirmation, a fixed-fee arrangement, an advance payment arrangement, or the applicable hourly rate.
4.2 Unless agreed otherwise in writing, the following standard hourly rates apply for 2026:
a. for Business Clients: EUR 175 excluding VAT per hour;
b. for Consumers: EUR 165 excluding VAT per hour, being EUR 199.65 including 21% VAT per hour, excluding any office costs insofar as these have been separately agreed or stated.
4.3 If office costs are charged, they amount to 5% of the fee, unless agreed otherwise in writing. For Consumers, the total amount including VAT and any office costs shall be clearly stated before or at the time the Agreement is concluded.
4.4 Third-Party Costs shall be charged separately. Justena Law may require the Client to pay Third-Party Costs in advance.
4.5 At the Client’s request, Justena Law may apply a reduced rate following an individual assessment of financial capacity. This assessment may take into account, among other things, the Client’s income, financial position, and relevant personal circumstances over the most recent three years.
4.6 A discount may also be granted to Clients with demonstrably limited financial capacity, including students and clients without access to the labor market. A discount shall apply only if and insofar as it has been confirmed in writing in the Engagement Confirmation.
4.7 Any discount granted applies only to Justena Law’s fee and not to VAT, Third-Party Costs, court fees, bailiff costs, translation costs, expert fees, or other external costs, unless agreed otherwise in writing.
4.8 Rates may be changed for new engagements. For ongoing engagements, a rate change shall apply only to future work and only after the Client has been informed of it in advance in writing. If the Client is a Consumer and does not agree to the change, he or she may terminate the engagement, subject to payment for the work performed and costs incurred up to that point.
Article 5. Initial Consultation, Fixed-Fee Arrangements, and Advance Payments
5.1 For an initial consultation of up to 60 minutes, the applicable standard hourly rate referred to in Article 4.2 shall apply, unless stated otherwise in writing.
5.2 The amount due for an initial consultation must be paid in advance, unless agreed otherwise in writing.
5.3 If the Client engages Justena Law within 14 days after the initial consultation for further work in the same matter, the amount paid for the initial consultation may be credited against the first invoice, insofar as this has been confirmed in writing.
5.4 A fixed fee may be agreed for clearly defined work. A fixed fee applies only to the work expressly covered by that fixed-fee arrangement.
5.5 For fixed-fee engagements below EUR 1,000, full payment in advance shall apply, unless agreed otherwise in writing.
5.6 For fixed-fee engagements of EUR 1,000 or more, Justena Law may require 50% to be paid in advance and the remaining amount before delivery of the final work.
5.7 For hourly engagements, Justena Law may require an advance payment based on the estimated initial work. The advance payment shall be set off against the work performed and costs incurred.
5.8 If the remaining advance payment falls below 30% of the original advance payment, Justena Law may require the Client to replenish the advance before further work is performed.
5.9 Advance payments made are non-refundable for work already performed and costs already incurred. Any unused balance shall be refunded after termination or completion of the engagement, after all outstanding amounts have been set off.
Article 6. Invoicing and Payment
6.1 Invoices must be paid within 14 days of the invoice date, unless agreed otherwise in writing.
6.2 If the Client is a Business Client and fails to pay on time, statutory commercial interest shall be due without any further notice of default, starting on the day after the payment term has expired.
6.3 If the Client is a Consumer and fails to pay on time, statutory interest for non-commercial transactions shall be due after the applicable statutory requirements have been met.
6.4 Extrajudicial collection costs shall be charged in accordance with the applicable statutory rules. In the case of Consumers, extrajudicial collection costs shall only be charged after the Consumer has been sent a payment reminder free of charge and has been given a period of fourteen days, calculated from the day after receipt of the reminder, to pay.
6.5 In the event of non-payment, Justena Law may suspend the work after the Client has been notified, unless mandatory law prevents this or due care in the specific circumstances requires another course of action.
6.6 Suspension or termination of the work does not affect the Client’s obligation to pay for work already performed and costs already incurred.
Article 7. Right of Withdrawal for Consumers in Distance Contracts
7.1 If the Client is a Consumer and the Agreement is concluded at a distance or off-premises, the Consumer in principle has the right to withdraw from the Agreement within 14 days without giving reasons.
7.2 The withdrawal period begins on the day on which the Agreement is concluded.
7.3 The Consumer may exercise the right of withdrawal by informing Justena Law, within the withdrawal period, in an unequivocal statement of the decision to withdraw from the Agreement. This can be done by email at info@justenalaw.nl.
7.4 If the Consumer wishes Justena Law to begin providing the Services before the end of the withdrawal period, the Consumer must expressly request this.
7.5 If, after an express request for the Services to begin during the withdrawal period, the Consumer nevertheless withdraws, the Consumer shall owe a proportionate amount for the work performed up to the moment of withdrawal.
7.6 If the Services have been fully performed within the withdrawal period, the right of withdrawal shall lapse once the Consumer has given prior express consent to immediate performance and has acknowledged that the right of withdrawal will lapse once the Services have been fully performed.
7.7 The right of withdrawal does not affect the obligation to pay for work already performed, insofar as permitted by law.
Article 8. Liability
8.1 If the Client is a Business Client, any liability of Justena Law shall be limited to the amount of the fee invoiced to the Client for the relevant engagement, excluding VAT and excluding Third-Party Costs.
8.2 If the damage relates to several connected items of work or engagements, the maximum shall be the fee invoiced for the work to which the damage predominantly relates.
8.3 If no invoice has yet been issued, liability towards a Business Client shall be limited to the fee that would have been due for the work performed up to that point.
8.4 Justena Law shall not be liable towards Business Clients for indirect damage, including consequential loss, loss of profit, lost savings, loss of data, reputational damage, business loss, business interruption, or damage resulting from acts or omissions of third parties engaged by Justena Law.
8.5 Claims by Business Clients for compensation shall lapse if they have not been submitted to Justena Law in writing within twelve months after the damage became known or could reasonably have become known, insofar as mandatory law does not prevent this.
8.6 If the Client is a Consumer, any limitation or exclusion of liability shall apply only insofar as permitted by mandatory law. These general terms and conditions do not limit the statutory rights that a Consumer has under mandatory law.
8.7 The limitations of liability in this Article do not apply to damage resulting from intent or deliberate recklessness on the part of Justena Law itself, nor insofar as limitation or exclusion of liability is not permitted under mandatory law.
Article 9. Intellectual Property
9.1 All advice, documents, models, drafts, procedural documents, analyses, texts and other materials provided by Justena Law shall remain the intellectual property of Justena Law, unless agreed otherwise in writing.
9.2 The Client may use the materials provided only for the purpose for which they were provided.
9.3 The Client is not permitted, without the prior written consent of Justena Law, to reproduce, disclose, distribute, make available to third parties or commercially use the materials.
Article 10. Confidentiality
10.1 Justena Law shall treat all information received in the context of the engagement as confidential.
10.2 The confidentiality obligation does not apply insofar as disclosure is required under laws or regulations, a court decision, an obligation towards a competent authority, or insofar as disclosure is necessary for the collection of outstanding claims or for conducting a defense.
10.3 The Client is obliged not to share confidential information, advice, drafts, strategies, and correspondence from Justena Law with third parties without the prior written consent of Justena Law, unless this is necessary for the purpose of the engagement or required by law.
Article 11. Client Due Diligence and Statutory Obligations
11.1 Justena Law may be required to establish the identity of the Client, request additional information or require documentation in connection with applicable laws and regulations, including rules aimed at preventing money laundering, fraud or conflicts of interest.
11.2 The Client shall provide the requested information and documents in good time and truthfully.
11.3 Justena Law may suspend or terminate the work if the Client does not cooperate with the necessary client due diligence or if statutory obligations prevent performance of the engagement.
Article 12. Complaints
12.1 If the Client is dissatisfied with the Services, he or she shall inform Justena Law of this in writing as soon as possible, with a clear description of the complaint.
12.2 Justena Law shall handle the complaint carefully and shall endeavor to respond substantively within a reasonable period.
12.3 Submitting a complaint does not suspend the Client’s payment obligation, unless Justena Law confirms otherwise in writing or mandatory law provides otherwise.
Article 13. File Retention Period
13.1 Justena Law shall retain files for at least five years after completion or termination of the engagement, unless a longer retention period follows from laws or regulations or from the nature of the engagement.
13.2 After expiry of the retention period, Justena Law may destroy the file without further notice to the Client.
13.3 During the retention period, the Client may request the release of documents from the file, insofar as statutory obligations, confidentiality, or third-party rights do not prevent this.
Article 14. Termination of the Agreement
14.1 The Client may terminate the Agreement in writing at any time.
14.2 Justena Law may terminate the Agreement in writing if there are compelling reasons to do so, including non-payment, insufficient cooperation, loss of trust, a conflict of interest, unreasonable instructions, conflict with laws or regulations, or other circumstances as a result of which Justena Law cannot reasonably be required to continue the engagement.
14.3 Upon termination of the Agreement, the Client is obliged to pay for all work performed and costs incurred up to the termination date.
14.4 Upon termination of the engagement, Justena Law shall, insofar as reasonably possible and necessary, take into account pending deadlines and the Client’s legitimate interests.
Article 15. Force Majeure
15.1 Justena Law shall not be liable for delay or non-performance if this results from circumstances outside its reasonable sphere of control.
15.2 Force majeure includes, among other things, illness, incapacity for work, failures in communication or IT systems, cyber incidents, power outages, government measures, war, natural disasters, pandemics, strikes, or other circumstances that temporarily or permanently prevent performance of the engagement.
15.3 If the force majeure situation continues for more than thirty days, both parties may terminate the Agreement in writing. The Client shall remain obliged to pay for the work performed and costs incurred up to that time.
Article 16. Governing Law and Dispute Resolution
16.1 All agreements, work and disputes between Justena Law and the Client shall be governed by Dutch law, unless agreed otherwise in writing.
16.2 If the engagement relates to a specific foreign legal system, the Engagement Confirmation may record that such foreign law is substantively relevant to the performance of the engagement. This does not affect the applicability of Dutch law to the Agreement with Justena Law, unless expressly agreed otherwise in writing.
16.3 The parties shall endeavor to resolve disputes first through mutual consultation.
16.4 The parties may jointly decide to attempt mediation. Mediation is mandatory only if the parties agree to this in writing after the dispute has arisen.
16.5 If the Client is a Business Client, disputes shall be submitted to the competent court of the District Court of Midden-Nederland, Utrecht location, unless mandatory law provides otherwise or the parties agree in writing on another method of dispute resolution.
16.6 If the Client is a Consumer, disputes shall be submitted to the competent court in accordance with the statutory rules on jurisdiction. These general terms and conditions do not restrict the Consumer’s right to bring proceedings before the court that has jurisdiction under the law.
Article 17. Language Versions
17.1 If these general terms and conditions are available in several languages, the Dutch-language version shall prevail, unless agreed otherwise in writing or mandatory law provides otherwise.
17.2 Translations are provided solely for clarification. No rights may be derived from a translation insofar as the translation differs from the Dutch-language version.
Article 18. Final Provisions
18.1 If any provision of these general terms and conditions proves to be wholly or partially null and void, voidable, or unenforceable, the remaining provisions shall remain fully in force.
18.2 In that event, the parties shall consult with each other in order to replace the relevant provision with a valid provision that corresponds as closely as possible to the purpose and scope of the original provision.
18.3 Justena Law may amend these general terms and conditions. For ongoing engagements, amended terms and conditions shall apply only if the Client has been informed of them in advance in writing and the amendment is reasonable. If the Client is a Consumer and the amendment is materially disadvantageous, he or she may terminate the Agreement, subject to payment for the work performed and costs incurred up to that point.