1.1 These General Terms and Conditions apply to all services provided by or for JustLaw. All other General Terms, being Client’s or others’, are explicitly and at all times excluded, unless specifically accepted by JustLaw in writing.
1.2 The laws of the Netherlands fully and exclusively govern the relationship between Client and JustLaw.
2. Only JustLaw shall operate as contracting agent of the Client. Articles 404 and 407(2) of Book 7 of the Dutch Civil Code do not apply.
3. JustLaw shall be obliged to exercise such due care, which, under the given circumstances, may reasonably be expected from JustLaw with respect to the services provided by or on its behalf. Achieving the intended result cannot be guaranteed by JustLaw, unless specified differently in writing.
4. When carrying out an assignment, JustLaw may employ one or more persons that are not, whether directly or indirectly, connected with JustLaw. Any failure of such person may be attributed to JustLaw, only if the Client proves that JustLaw did not act with due care when choosing such person.
5. The Client shall allow JustLaw and the persons involved in carrying out an assignment by or on behalf of JustLaw to share information relating to the Client and an assignment awarded by the Client with other persons connected with JustLaw, to the extent being required or useful for the purposes of client relation management.
6.1. The Client shall be entitled to compensation for damages only if they are by law a consequence of an event or series of connected events for which JustLaw is liable by law and such compensation shall be limited to:
a. where JustLaw has any insurance coverage for such damages, not to exceed an amount equal to the insurance payment to be received by JustLaw plus the excess payable by JustLaw under such insurance;
b. where JustLaw does not have insurance coverage for such damages at all, not to exceed the amount of the total value of all invoices sent out by JustLaw on that assignment.
6.2. Without prejudicing the provisions set forth in Article 89 of Book 6 of the Dutch Civil Code, the right to compensation for damages shall at any rate terminate twelve months after the occurrence of the event that caused, whether directly or indirectly, the damages for which JustLaw is liable.
6.3. The provisions set forth in the two foregoing paragraphs shall also apply, if the Client claims compensation for damages on the grounds of a right taken over or acquired from a third party.
6.4 In the event that one or more third parties should claim from JustLaw compensation for damages they sustained in connection with services provided by or on behalf of JustLaw to the Client, the latter shall indemnify JustLaw against such claim or claims and additional costs, insofar as JustLaw should have to pay to the third party or parties compensation in excess of the compensation JustLaw would have had to pay to the Client if the Client had claimed compensation from JustLaw for the damages sustained by such third party or parties.
6.5 In the event that one or more third parties claim damages from JustLaw in connection with services provided to the Client by or on behalf of JustLaw, the damages sustained by the Client shall not qualify for compensation insofar as the amount of the claim to be paid to the Client would, as such or after having been increased by the amount of the claim to be paid to the third party or parties, be in excess of the maximum amount provided in Article 6.1 under (a) or (b).
7. The General Terms and Conditions may also be invoked by those natural persons or legal entities that are involved, whether directly or indirectly, in any manner whatsoever for the services provided by or on behalf of JustLaw.
8. The General Terms and Conditions shall also be applicable to any supplementary or follow-up assignments.
9. The District Court of Amsterdam shall have exclusive jurisdiction over any disputes between the Client and JustLaw, on the understanding that JustLaw shall continue to have power to take legal action against the Client in a court of law that would have had jurisdiction over disputes between the Client and JustLaw if the above nomination of jurisdiction had not been made.
10. The General Terms and Conditions drawn up in the Dutch language shall prevail over the General Terms and Conditions drawn up in the English language or in any other language.