theJurists London Ltd
GENERAL TERMS AND CONDITIONS
1. Company information
1.1. The present General Terms and Conditions (the “Terms”) constitute an agreement between you (also referred to as the “Client”) and theJurists London Limited, a limited liability company registered under the laws of England and Wales, with registered offices at 1 Primrose Street, London, EC2A 2EX, United Kingdom, and registered in England and Wales with the Companies House under Company Number 11266637 (hereinafter referred to as “theJurists” or “we”).
theJurists is not a law firm registered with the Solicitors Regulation Authority, nor is it affiliated with the Law Society. theJurists only engages in strictly unreserved activities in accordance with the Legal Services Act 2007. It does not perform any reserved activities. As theJurists is not a law firm, please note that any communications between you and theJurists may not be protected as confidential information under legal professional privilege. The use of the services of theJurists does not create a lawyer-client relationship between you and theJurists, any employee or representative of theJurists.
1.3. Unless you are otherwise represented by a solicitor or lawyer, you represent yourself in any legal matter undertaken on the grounds of the services of theJurists.
1.4. Contact details are the following:
2. Scope of application
2.1. The present General Terms and Conditions (hereinafter the “GT&C”) are applicable to all agreements concluded with, and all services performed by, theJurists.
2.2. Alternative provisions or conditions imposed by contract Parties or third parties are only considered to be legally binding on theJurists if the latter has expressed its clear, unequivocal acceptance of such provisions or conditions in writing.
3. Quotes and confirmation of quotes
3.1. theJurists stands for swift, efficient and tailored legal consultancy and advice. In order to perform such services, theJurists works with professionals trained and experienced in legal consultancy, more precisely in the fields of intellectual property and ICT law. Every task is performed with professionalism and expertise to the best of our abilities, and in accordance with the general accepted standards and practices of the industry.
3.2. Any (potential) Client can communicate with theJurists through multiple digital channels, such as our mobile application (“Spectr, the legal guy”), the chat-feature on the website https://thejurists.co.uk, Facebook Messenger, Telegram, and others (the “Communication Channels”). An overview of all Communication Channels can be found here: https://thejurists.co.uk/contact-us/. The Communication Channels are free and non-binding. By using the Communication Channels, the Client accepts the Terms and Conditions.
3.3. Any information provided through one of the Communication Channels should be regarded as purely informative and personal and theJurists cannot be held liable for any direct and/or indirect damages which may result from such free information. We cannot guarantee that legal information given through one of the Communication Channels is correct, current or up-to-date, nor suitable for every situation.
3.4. Informal communication – through any of our Communication Channels – is not binding and does not create any obligation on the (potential) Client’s part. However, if such informal conversation takes more than one hour, this can be considered as an accepted service for which costs may be charged (at our normal hourly rate of £120 per hour, excl. VAT) to the Client. If the informal conversation turns into specific legal advice, theJurists can charge for that service based on our hourly rate. The Client will always be informed in advance in a clear manner.
3.5. After an initial conversation – in person or via any of the Communication Channels –, theJurists sends out a quote setting out a list of proposed services as well as their estimated cost. A quote is not binding and does not create any obligation on the part of the (potential) Client to accept.
3.6. All quotes drafted by us are valid with regard to all (legal) persons to whom the quote is addressed. The quote is valid for a period as indicated on the quote itself, or in the absence of such indication, a period of thirty (30) calendar days after the quote is sent.
3.7. If the quote mentions a delivery date, this only counts as an indication. theJurists always has the right to postpone the delivery date in case this is necessary for the performance of the contract or if particular circumstances justify the delay. theJurists will always inform the Client of such circumstances.
3.8. The quote is considered accepted if the Client has expressed his/her/its approval by an explicit confirmation of that quote orally, in writing, or if the Client’s conduct can be reasonably interpreted as confirmation of said quote.
3.9. If the contract is cancelled partially or completely after the Client accepted the quote, the obligation with regard to payment still stands fully. There will be no reimbursement, partially or completely, of payments already received for services provided in the accepted offer.
3.10. No adjustments can be made to the quote, either before or after accepting the quote, except with the express written consent of both Parties.
4. Performance of the contract
4.1. theJurists will ensure that each contract is performed and completed to the best of its knowledge and ability, in accordance with the generally accepted standards and practices of the industry.
4.2. If this is required for the proper performance of the contract, theJurists reserves the right to appeal to a specialised third party, such as solicitors or third parties with the technical knowledge required for completion of the contract. The Client shall be informed of such subcontracting. theJurists is not liable for any possible shortcomings or damages caused by subcontractors and third parties. The Client pays the costs incurred by appealing to a subcontractor, unless agreed otherwise.
4.3. In order to ensure the proper performance of the contract within the agreed timeframe, theJurists expects cooperation from the Client whenever anything necessary to the contract is asked of the Client. The Client shall provide all necessary materials and information within the required timeframe. If such materials or information are not provided in due time, theJurists reserves the right to suspend the contract until the required materials or information are provided. If the cooperation between the Client and theJurists becomes difficult to the point of rendering the correct performance of the contract impossible, theJurists reserves the right to terminate the agreement unilaterally at any given time. In that case, only those services that already have been performed will be charged to the Client.
4.4. In order to ensure smooth transaction, theJurists uses an online electronic payment system. theJurists guarantees that only trusted partners are used in this regard. The Client accepts the use of such payment system. theJurists is not liable for losses or damages incurred as a result of inattention, mistakes, omissions, and/or inadequate safety measures on the Client’s part.
4.5. The Client must inform theJurists as soon as possible about relevant changes made in their company and contact data, such as address and billing information. theJurists is not liable for any misinformation, delay, losses and/or damages arising from such failure to update relevant contact data.
5.1. All information provided by the Client before, during or after the performance of the contract is treated with the highest level of confidentiality and care. In return, the Client must also treat information provided by theJurists with great care and a high level of confidentiality. The obligation of confidentiality remains in effect after the termination of the agreement, whatever the reason for the termination, for as long as the Party who provided the information has the possibility to claim its confidential nature.
5.2. If, during the performance of the contract, it is necessary that theJurists is made privy to certain confidential information, the Client is responsible for the secure transfer of such confidential information to theJurists.
5.3. In order to ensure an efficient and smooth performance of the contract, theJurists has the right to share information provided by the Client with third parties such as defined under article 4.2. If this information is to be qualified as confidential, the Client can request that their permission is required for such actions. In such case the Client must inform theJurists before the contract has started.
5.4. Any advice or other communication drawn up by theJurists is always strictly addressed to the Client personally and is not necessarily applicable to or valid for other parties. You are not entitled to distribute any advice or other communication without having received the prior, express permission to do so from theJurists.
5.5. Any obligation concerning confidentiality expires if and as of the moment the information is (made) publicly available. In addition, Parties are entitled to make confidential information available to the public authorities, if this is justified by a legal obligation to do so or at a competent authority’s request. In such case the other Party should be informed as soon as possible.
6. Intellectual property
6.1. All materials developed or made available by theJurists are covered by the protection of intellectual property rights. This includes any form of texts, notes, annotations, articles, pictures, imagery, etc. as used in its letterhead and on any communication or documents issued by theJurists. These intellectual property rights belong to theJurists. Clients only obtain a limited right to access, use and display such materials in accordance with the original aims. Those limited assigned rights are granted to the Client on a non-exclusive basis and cannot be transferred.
6.2. All materials developed or made available by theJurists shall only be used for pre-communicated purposes. Any use of such materials for other purposes, without prior consent and/or an agreed remuneration will be considered as unauthorised use. Unauthorised use will result in a new invoice calculated on the initial amount, increased with 50% for each separate violation. The Client is also responsible for any unauthorised use by third parties. If there are any questions about whether or not a use is (un)authorised, do not hesitate to contact us.
7. Rates and payment
7.1. theJurists guarantees that prices or applicable rates are always communicated in advance. Prices do not include VAT, unless otherwise agreed in the offer or invoice.
7.2. theJurists are entitled to request an advance payment of an invoice, either partially or fully. In the absence of such prepayment when requested, theJurists may suspend or postpone the performance of the contract. This may affect the final completion and the originally agreed date of completion. theJurists can in no way be held liable for such negative impact or delay.
7.3. After accepting the offer, the Client is required to pay the agreed amount. In case of a partial or entire cancellation or postponement of the contract, theJurists is entitled to partially or fully invoice the agreed amount.
7.4. Invoicing is done through our automatic invoicing system, unless the Client requests otherwise.
7.5. All invoices must be paid within fourteen (14) calendar days after the invoice date. In case of non-payment after expiry of the payment due date, theJurists is entitled to charge interest at the statutory rate on the outstanding amount, without notice of default. Client will also be held to compensate the full judicial and extrajudicial (collection) costs, including but not limited to costs for a collection agency, bailiff costs and/or legal representation fees.
7.6. Payment claims are immediately payable in the event of (i) bankruptcy of the Client, (ii) any insolvency procedure available under English law initiated by the Client, (iii) seizing of assets of the Client, (iv) death of the Client or (in the case of a legal person) winding up or dissolving of the Client.
7.7. If you do not agree with an invoice, you must notify theJurists by means of a written, motivated objection within two (2) weeks after the invoice date. This does not affect the obligation to fulfil any payments in the meantime, even if they are contested.
7.8. theJurists may at any time decide to change its rates. The new rates will only be applied to new and future contracts and understandably do not affect existing valid offers and contracts.
8. Liability and disclaimer
8.1. theJurists will only be liable towards a Client for direct damages incurred as a result of failure to perform its obligations in accordance with the agreement. Such failure needs to be attributable to theJurists. theJurists can only be held liable for an attributable failure if the Client sends theJurists a formal notice of default in writing, motivated and without delay, in which theJurists is given a reasonable period of time to remedy the failure. If the failure is not remedied after this period of time, theJurists will be liable for the attributable failure.
8.2. theJurists is under no circumstances liable for any kind of indirect damages as result of the abovementioned failure to perform. Indirect damages include, without being limited to, any kind of consequential damages, loss of profits, financial or commercial losses, increase of general costs, increase of employee expenses and damages due to loss of Clients. theJurists is also not liable for any kind of damages, destruction or loss of documents.
8.3. Any liability of theJurists is limited to the amount covered by the professional liability insurance of theJurists in that specific situation, increased with whatever falls under the own risk of theJurists under said insurance. On request, theJurists will provide information regarding its professional liability insurance.
8.4. If the professional liability insurance does not cover the specific situation, the liability of theJurists will be limited to the amount invoiced with regard to the contract.
8.5. The exclusion or limitation of the liability of theJurists, as mentioned in above articles, is not applicable if and to the extent that the damage is the consequence of intentional fault or deliberate recklessness of theJurists, its employees or its management.
8.6. theJurists is not liable for any possible failure or fault committed by any third parties with whom theJurists has entered into an agreement or of whom theJurists has sought assistance (as defined in article 4.2.), or related damages in this regard.
8.7. The Client shall safeguard theJurists at all times against any legal claims by third parties, and shall stand guarantee for any costs reasonably incurred to defend theJurists against such claims, if these are in any way related to the contractual relationship between theJurists and the Client, unless such claims are the result of intentional fault or deliberate recklessness of theJurists.
8.8. All legal claims against theJurists regarding services performed by theJurists expire one (1) year after the date on which the Client was informed of the right to the legal claim, or could reasonably have known of the existence of the right to a legal claim, unless such right no longer exists because of a legal statute of limitation.
8.9. If theJurists is prevented form fulfilling its obligations towards the other Party, wholly or partially, due to circumstances independent of its will, this qualifies as force majeure. In that case, theJurists can never be held liable for not fulfilling its commitment towards the Client. theJurists is entitled to suspend its commitments for the term of the situation of force majeure. If as a result of force majeure theJurists is unable to perform for a period exceeding ninety (90) days, any Party is entitled to terminate the agreement with immediate effect by means of a registered letter, without this giving rise to any right to compensation to the Parties.
9.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales. If a dispute should arise, both Parties are expected to make every possible effort to come to an amicable solution. If this is not successful, exclusive jurisdiction will belong to the competent courts of England and Wales.
9.2. The Client gives theJurists permission to use its trademarks, such as trade name and logo, as part of promotional activities.
9.3. If one or more provisions of the present GT&C is or are void(able), this will not affect the validity of the remaining provisions. If one of the provisions in the present GT&C is void, Parties will be deemed to have agreed to that which comes closest, in a matter permitted by law, to what they would have agreed had they known that the provision was void(able).
9.4. The Client is not allowed to transfer rights and obligations under the Terms to a third party without prior consent of theJurists. theJurists can transfer its rights and obligations under the terms, or outsource its rights and obligations to a parent or sister undertaking or to a third party, without consent of the Client.
9.5. theJurists reserves the right to amend the Terms in the future. The amended Terms will be applied exclusively to future agreements and should not affect any existing agreements.
Present Terms were last amended on 10 April 2018.