Terms and conditions
Payment Terms – Justena Law
1. Initial Consultation
The fee for an initial consultation of up to 60 minutes is €[150] excluding 21% VAT. This amount is payable in advance. If you engage Justena Law for further services within 14 days of the consultation, the consultation fee will be credited towards your first invoice.
2. Fee Structure
Fees will be discussed during the consultation and before entering in to a contract, services are billed based on our hourly rate excluding 21% VAT, plus a 5% office cost surcharge. Third-party expenses (such as court fees, bailiff costs, expert reports, and translations) will be charged separately.
3. Fixed-Fee Services
For certain clearly defined matters, a fixed fee may be agreed in advance. For fixed-fee projects under €1,000, full payment is due before work commences. For projects exceeding €1,000, 50% is payable in advance and the remaining 50% before delivery of the final work.
4. Advance Payments (Retainer)
For hourly matters, the client shall pay an advance (retainer) based on the estimated initial workload, to be determined at the start of the engagement. Work will be billed monthly in arrears against the retainer. If the retainer balance falls below 30% of the initial amount, the client will be asked to replenish it before further work is carried out.
5. Litigation & High-Risk Matters
All court fees, bailiff costs, and related disbursements must be paid in advance. A substantial advance on legal fees will also be required before commencing litigation.
6. Payment Due Dates
Invoices are payable within 14 days of the invoice date unless otherwise agreed in writing. In the event of late payment, statutory commercial interest and reasonable collection costs will apply.
7. Suspension of Services
Justena Law reserves the right to suspend or terminate services if invoices remain unpaid after the due date or if advance payment requests are not met.
General Terms and Conditions - Justena Law
Article 1 – Definitions
1.1 Service Provider: Justena Law, established in Utrecht, the Netherlands, registered with the Dutch Chamber of Commerce under number 97998958.
1.2 Client: any natural or legal person entering into an agreement with the Service Provider for the provision of legal services.
1.3 Agreement: the written or verbal agreement between the Client and the Service Provider for the provision of legal services.
1.4 Services: all work carried out by the Service Provider under the Agreement, including legal advice, contract drafting, representation, mediation, and other legal support.
Article 2 – Applicability
2.1 These general terms and conditions apply to all offers, assignments, and agreements between the Service Provider and the Client.
2.2 Deviations are valid only if expressly agreed in writing.
2.3 The applicability of any terms and conditions of the Client is expressly excluded.
Article 3 – Execution of Services
3.1 The Service Provider will perform the Services to the best of its ability and with the care expected of a competent professional.
3.2 The Services constitute a duty of best efforts and not a duty to achieve a specific result.
3.3 The Service Provider may engage third parties in performing the Services, with due care. The Service Provider shall not be liable for acts or omissions of such third parties, unless caused by intent or gross negligence on the part of the Service Provider.
Article 4 – Client Obligations
4.1 The Client shall provide all relevant and accurate information required for the proper execution of the Services in a timely manner.
4.2 The Service Provider may rely on the accuracy and completeness of the information provided by the Client.
Article 5 – Intellectual Property
5.1 All documents, advice, models, and other materials provided by the Service Provider remain the intellectual property of the Service Provider.
5.2 The Client is not permitted to reproduce, distribute, or otherwise use such materials for purposes other than those for which they were provided, without the prior written consent of the Service Provider.
Article 6 – Confidentiality
6.1 The Service Provider and any engaged third parties shall treat as confidential all information obtained in the course of the assignment, unless disclosure is required by law or court order.
6.2 The confidentiality obligation does not apply to information that is publicly available or becomes so, nor when disclosure is necessary to recover outstanding claims or to defend against legal action by the Client.
Article 7 – Force Majeure
7.1 The Service Provider shall not be liable for any delay or failure to perform its obligations under the Agreement if such delay or failure results from circumstances beyond its reasonable control, including but not limited to illness, governmental measures, war, natural disasters, IT failures, or other force majeure events.
Article 8 – File Retention
8.1 Files will be retained for at least five years after completion of the Services, after which they may be destroyed.
Article 9 – Termination of the Agreement
9.1 Both the Client and the Service Provider may terminate the Agreement in writing at any time.
9.2 In the event of termination, the Client shall pay for all work performed and costs incurred up to the termination date.
Article 10 – Governing Law and Dispute Resolution
10.1 Unless otherwise agreed in writing, all Agreements and disputes are governed by Dutch law. If the assignment relates to the legal system of another country, the parties may agree in the engagement letter that the law of that country applies to the Services.
10.2 Disputes shall be resolved in the following order:
a) First, through direct discussion between the parties;
b) If unresolved, through mediation by an independent third party jointly appointed by the parties;
c) If mediation fails, by arbitration in accordance with the rules of the Netherlands Arbitration Institute (NAI), seated in Amsterdam, in the English language, unless otherwise agreed in writing.