Terms and Conditions
Delivery terms and conditions relating to collection services from JURISTU Corp., deposited with the Chamber of Commerce identification number 64715884
1. General
1. JURISTU Corp. with regard to the Incasso department, hereinafter referred to as JURISTU Corp. performs its work exclusively in accordance with these General Terms and Conditions, unless agreed otherwise in writing.
2. Description of services
a. Services are understood to mean all activities that are intended to obtain payment of the claimed claim, such as:
– providing (legal) advice;
– the production of procedural documents;
– providing legal assistance;
– submitting summonses;
– acting as a cause-list attorney;
– conducting (legal) proceedings;
– presenting itself at court;
– the settlement of enforcement orders, including the collection of the resulting funds for the client;
– other activities.
3. Rates
a. There are no basic costs or file costs for files if they are not recovered. Amicable collection based on no cure, no pay.
b. Only after approval of the offer and assignment from the client will Juristu start summons or start legal collection proceedings.
4. All offers, made in any form whatsoever, are without obligation and only serve as an invitation to give or provide an order, unless otherwise stated in writing by JURISTU Corp..
5. Client is understood to mean: the person or entity who requests JURISTU Corp. to undertake collection work, on the understanding that the client is authorized to enter into an agreement with JURISTU Corp. as well as a personally take on the ensuing obligations.
6. Debtor is understood to mean: the client’s debtor.
7. JURISTU Corp. ensures confidentiality of the information provided by the client. JURISTU does not provide third parties with information about the assignment without the express written permission of the client.
8. JURISTU Corp. is never obliged to accept the collection activities offered.
9. JURISTU Corp. has set itself the objective to collect, by order of and at the expense of third parties, claims from third parties, expressed in applicable currencies, through extrajudicial means, if necessary, with the help of third parties through legal means. JURISTU Corp. attempts to collect the following amounts;
A. The principal sum or a remainder thereof.
B. Delayed interest or agreed interest.
C. Advances, collection and administration costs insofar as the general terms and conditions of the client make this possible. JURISTU Corp. is entitled at all times, if it so desires, taking into account all circumstances of the case, to settle the matter without the prior consent of the client, unless otherwise agreed in advance at the time of entering into the agreement between the client and JURISTU Corp. .
10. JURISTU Corp. reserves the right to make interim changes to its general collection conditions if the evolving circumstances in the methods, techniques and rates used by JURISTU Corp. give cause for this.
11. JURISTU Corp. reserves the right to refuse claims if they concern claims for collection of payments;
A. That do not exceed the amount of twenty Euro ($ 20.00).
B. From minors.
C. From deceased persons, without prejudice to the provisions of Article 15 of these terms and conditions.
12. The claims transferred for collection of payments are outstanding and due and relate to claims on natural persons, legal persons and registered companies, residing or established in the Benelux.
13. After receiving the order, JURISTU Corp. obtains the full power of attorney to perform all those legal acts that JURISTU Corp. deems useful and/or necessary and therefore to make legally valid arrangements and to institute legal proceedings, assisted by lawyers or legally trained, if JURISTU Corp. or third parties receive an order, all this in consultation with the client.
14.If, during the execution of all work deemed necessary by JURISTU Corp., it appears that the claim cannot be collected, the collection procedure in this exceptional case will, if possible, be arranged without the client having to agree, or be terminated.
15. The claims offered for collection remain all claims of the client
Obligations of the client.
16. Client files the claims for collection of payments which:
A. The defaulter has received a generally valid invoice of.
B. The defaulter has already received a summons and has been given notice of default.
C. Are expressed in Dutch currency, unless the parties involved have agreed otherwise in writing.
17. A one-off direct debit mandate is granted by means of the online direct debit mandate forms used by JURISTU Corp..
18. The Client must transfer the claims for collection to JURISTU Corp. as well as all necessary documents such as: general conditions, invoices, reminders and relevant correspondence immediately after the first request from JURISTU Corp.. The client must also offer JURISTU Corp. every opportunity to make use of all means of evidence, including witnesses and their statements. JURISTU Corp. is not obliged to check the accuracy of the data provided and requires the client to guarantee the accuracy of the data and information provided.
19. After entering into an agreement with JURISTU Corp., the client will not undertake any correspondence or actions of any kind towards the debtor/defaulter with regard to the handed-over claims.
20. If, after entering into the agreement, the client still receives correspondence or other documentation, they will immediately provide these to JURISTU Corp. in accordance with the obligations entered into.
21. Immediately after entering into the agreement, JURISTU Corp. takes over the collection work unless JURISTU Corp. believes it should refuse the collection claim;
A. Because the provisions of Articles 10, 11 and 15 of these conditions are not met.
B. The collection claim is in breach of the law, public order, good morals and or otherwise.
C. If information necessary for the execution of the assignment is not made available to JURISTU Corp., not in time or in accordance with the agreements, or if the client does not fulfil their obligations towards JURISTU Corp..
22. JURISTU Corp. is not obliged to inform the client in writing, periodically or otherwise, of the progress of the activities or the results thereof. If the client still requires this, JURISTU Corp. is entitled to charge an amount of $45 for each provision of information to the client.
Settlement and invoicing.
23. Payments from the debtor made to JURISTU Corp. or directly to the client are in the first instance to settle the collection, legal assistance and administration costs and are due directly to JURISTU Corp. and are immediately due.
24. Payments from the debtor directly to the client, from the date of entering into the agreement, must be reported immediately to JURISTU Corp.. These payments, as stated in Article 26, are regarded as collection result.
25. After the entire claim has been collected, the client will receive a settlement. On the settlement to the client, of the amounts paid by the debtors to JURISTU Corp. and/or the client, both the extrajudicial costs and the advances are deducted from the principal sum and the associated interest.
26. Advances of any kind paid by JURISTU Corp. will be charged even in the event that any legal proceedings are lost.
27. If the collection of a claim at the request or after instructions from the client is stopped or JURISTU Corp. advises to refrain from further prosecution due to later unforeseen uncertainties as a result of errors on the part of the client, then JURISTU Corp. is entitled to compensation in accordance with the regulation mentioned under article 29.
28. The following is charged to the client:
A. File costs $ 45 excluding VAT
B. Collection and/or administration costs. The amount of the extrajudicial collection costs is then:
Invoice amount (without interest) Maximum collection costs in percentages
Over the first $ 2500* 15%
Over the next $ 2500 10%
Over the next $ 5000 5%
Over the next $ 190.000 1%
Over the rest 0,5%
* A minimum of $ 40 applies. This means that you pay more than 15% in collection costs for bills that are lower than $ 267.
2500.Amounts paid and advances that JURISTU Corp. has paid to third parties for the purpose of the collection work.
E. JURISTU Corp. charges the usual applicable VAT rate on reimbursements.
F. Work that does not fall under normal collection activities, such as conducting negotiations, giving advice, conducting a procedure etc. etc., will be charged in reasonableness and fairness against a salary to be determined with a minimum hourly rate of $ 75, – ex VAT per hour for a junior lawyer, up to $ 175, – per hour for a senior lawyer, possibly increased with mileage allowances, which then applies and can be requested by JURISTU by the client. Applicable hourly rate per 2015, possibly to be increased with an annual indexation at least equal to the inflation factor or government-increasing rates. When executing a judgment with the cooperation of a bailiff JURISTU Corp. charges 10% on the money received, excluding execution costs.
G. In the event of a settlement or payment arrangement for the claim by Juristu/client, JURISTU Corp. will charge a collection fee of 10% of the claim to the client, which are immediately due and must be paid by the client, unless otherwise agreed in writing in advance, plus any recovery costs.
H. When client unilaterally withdraws a claim, JURISTU Corp. will charge client $ 45 filing costs plus any recovery costs as well as 10% of the claimed amount that is immediately due and must be paid by the client, unless agreed otherwise in writing in advance.
I. We handle the claim on “No cure no pay” basis, with a positive collection result we will deduct 10% of the principal (Claims from $ 2500.-)
2501.Payment must be made without any discount or set-off, within the agreed period but no later than 10 days after the invoice date. Payment can only be made in the manner indicated by JURISTU Corp..
30. Complaints based on invoices must be submitted to JURISTU Corp. in writing and duly substantiated fourteen days after the invoice date. The client is not entitled to suspend fulfillment of his obligations on the basis of a submitted complaint. JURISTU hereby obligates itself to pay the claimed amount within 10 days to the client in the event of a well-founded complaint.
31. A collection procedure can be terminated when:
A. JURISTU Corp. has no known place of residence of the defaulter.
B. The defaulter has passed away.
C. The defaulter is in a state of bankruptcy or has applied for a suspension of payment.
D. If an amicable settlement is not possible and legal proceedings are not recommended.
Liability.
32. JURISTU Corp. is not liable for the risk of prosecution, insofar as the claim, whether or not in its entirety, turns out to be claimable for whatever reason. This also applies if the individual claims submitted for collection relate to:
A. Minors.
B. Deceased persons.
C. People who live or reside abroad.
D. Claims that are time-barred on the date of transfer and afterwards.
33. Non-attributable shortcoming: Circumstances beyond the control and the fault of JURISTU Corp., as well as any unforeseeable circumstance by which compliance with the agreement may be required, count as non-attributable shortcoming of JURISTU Corp.. This is to be understood as; Special climatic conditions, fire, strike, accidents or illness of staff or directors of JURISTU Corp., restrictive government measures, war and danger of war. In the event of a non-attributable shortcoming on the part of JURISTU Corp., the latter has the choice to either suspend compliance with the duration of the obstruction or to dissolve the agreement in whole or in part without being obliged to pay any compensation. In that case the client is obliged to reimburse the costs incurred.
35. Compensations, from debtors or third parties, insofar as these are the result of any default on the part of the defaulter, are paid to the client.
36. JURISTU Corp. performs its work to the best of its knowledge and cannot be held liable for the consequences of an unjustified claim for collection and/or the consequences arising from investigations, on the basis of which incorrect decisions have been taken by anyone.
37. The acceptance and actual processing of claims for collection occurs explicitly to the exclusion of any form of liability.
38. Information and documents obtained during the execution of the collection work by JURISTU Corp. and not by the client, remain the property of JURISTU Corp. at all times.
39.The client and JURISTU Corp. are at the time, after consultation, entitled to inspect the accounting of each individual assignment, file, term control and settlement of documents, with regard to the transferred claims for collection.
Duration of the agreement, final settlement and final provision.
40. The provisions of the general terms and conditions apply between the parties from the date of signature by the client of the forms made available by JURISTU Corp., from the date that the client has otherwise indicated their agreement with the content of the General Terms & Conditions of JURISTU Corp. or when the client has placed their claims online with JURISTU, whereby the client is responsible for obtaining the general terms and conditions of JURISTU Corp..
41. The agreement is entered into for an indefinite period of time or the term that the handed-over claim is ongoing. The parties are entitled to terminate the agreement in writing after one year, subject to a period of two months.
42. After termination of the agreement, JURISTU Corp. is entitled to execute the pending claims for collection until fulfilled, taking into account the provisions of these general terms and conditions.
43. After a completed settlement, JURISTU Corp., in consultation and if desired, transfers the documents provided by the client to the client.
44. Both parties can deviate from the provisions of these general terms and conditions if this has been agreed in writing and signed by both parties.
45. JURISTU rejects all general terms and conditions that apply from the side the client. Only these general terms and conditions apply to an assignment. The client agrees with this as soon as an agreement is entered into and/or a claim is made with JURISTU Corp. and this has been accepted as such by JURISTU.
46. With regard to these general terms and conditions and with regard to the agreements (which result from them), both parties submit to the applicable Dutch law. The district court in Amsterdam has exclusive jurisdiction to hear any disputes.
