GENERAL TERMS AND CONDITIONS
- Medialaw B.V., trading as Just Marc® (“Just Marc”), is a limited liability company incorporated under Dutch law and with registered offices in Amsterdam, the Netherlands. Just Marc is registered with the Chamber of Commerce under number 34208200 and is regulated by the Dutch Bar Association. Just Marc is the professional services company (praktijkvennootschap) of Marc C.S. de Boer, attorney-at-law (advocaat).
- All instructions issued to Just Marc are accepted and carried out exclusively on the basis of a contract for professional services (“overeenkomst van opdracht”) between Just Marc and the client in question. Article 404 and article 407 paragraph 2 of Book 7 of the Dutch Civil Code are not applicable to the contract for professional services, even if there is an explicit or implicit instruction that the services are to be carried out by a specific person.
- Any and all liability of Just Marc is limited to the amount paid out under the professional liability insurance taken out by Just Marc in the matter concerned, plus the excess applicable under the terms of its insurance policy. In the event that, for any reason, no monies are paid out under such insurance policy, any and all liability of Just Marc will be limited to the amount of the fee charged by Just Marc in the matter concerned to the client, up to a maximum of € 10,000,- (ten thousand euro).
- Before instructing third parties, Just Marc will consult the client, to the extent possible. Just Marc accepts no liability for any acts or omissions by such third parties. Just Marc is hereby authorized by the client to accept, on the client’s behalf, any limitations of liability of third parties.
- Unless otherwise agreed, all fees are calculated on the basis of the number of hours spent, multiplied by the hourly rate set by Just Marc. Expenses payable by Just Marc to third parties on behalf of the client will be charged separately as disbursements.
- In principle, Just Marc will invoice the client for services on a monthly basis. All invoices issued by Just Marc are payable within thirty (30) days from the date of the invoice. Just Marc reserves the right to carry out its services on the basis of advance payment. In the event payment is overdue, Just Marc is entitled to suspend its work on the matter concerned, and it will notify the client thereof. If non-payment persists after written notice has been sent, Just Marc may claim out-of-court collection costs equivalent to 15% of the amount due, with a minimum of € 200,- (two hundred euro).
- Just Marc does not have a third party trust account (derdengeldrekening) and will not accept or keep any funds from clients or counterparts or any other third parties.
- These general terms and conditions apply to any and all offers made by Just Marc and all instructions accepted by or on behalf of Just Marc, including follow-up instructions. These general terms and conditions apply equally to and for the benefit of any persons who are engaged in carrying out an instruction from a client and/or who could bear any liability in that respect and his or her heirs. The client indemnifies Just Marc from any and all liability in connection with the carrying out of the instruction.
- The legal relationship between Just Marc and the client is governed by Dutch law. Any disputes will in first instance be submitted exclusively to the competent court in Amsterdam.
December 2024