Posted in AI/Software/Platforms, Contract Law

Legal platform – PartnerVine

Switzerland: template for legal services, automated templates (fromm PwC) and manaement of drafts.


Posted in Consumer Law, Contract Law, IT Law

Overeenkomst over domeinregistratie mag stilzwijgend worden verlengd

Again from teh Netherlands: can a domain be silently renewed?

IN this case ,the consumer appealed to the Van Dam law, which applies to consumer contracts and bans tacit renewals and limits such contracts to max 1 year.

Yet, does the domain provision apply to such law?

According to the Court, not, since a plain domain (without mailbox and additional service) is seen as a single service. This is a one-off and not a subscription that renews periodically (?).


Posted in Contract Law

Client Update – business-to-business contract terms

‘Straya: some clauses have been declared unfair in a B2B environment with a small company (20 employees or less + upfront payment inferior than $300.000). is it the sign of times of Common Law’s liability model moving towards the one for Civil Law?

  • automatic renewal of the contract, often for a lengthy term, with a very narrow opt-out window;
  • unilateral price variation rights;
  • eliminating liability where performance is “prevented or hindered in any way”;
  • entitlement to charge for services that can’t be performed;
  • the grant of exclusive entitlement;
  • suspension of services while keeping on charging the customer;
  • the creation of an unlimited indemnity in favour of the counterparty; and
  • payments to be made prior to termination of the contract.


In a few words, the check your provisions should undergo are:

  • is there a significant unbalance being generated between the parties?
  • is it unreasonably necessary to protect one party?
  • is an unjustified and signiifcat burden being shifted upon the small business?



Posted in Contract Law

‘Sorry, degene die heeft getekend was niet bevoegd’ – Wat doe je dan?

Netherlands: how often have you had a contract coutnersigned by someone and later realised/acknowledged that this person had no representation power?

Never to me, but here are soem steps to make sure you are legally covered:

  • you can check on hte KVK or demand an extract to make sure the signee is either an owner or a legitimate director, or
  • as k for the proxy statement. If may be irky from the other side, but at least you will be playing it safely.


Posted in Contract Law

Everything You Need to Know About Statements of Work

SOW, their main ingrdients are:

  • Scope of Work,
  • Detailed description of the services,
  • Specific requirements,
  • Term of the SOW,
  • Location,
  • Timelines,
  • Deadlines,
  • Deliverables,
  • Assumptions,
  • Additional or Special Requirements,
  • Precedent Clause, and
  • Signature Block.

You should especially pay attention to:

  • Acceptance Language,
  • Payment Terms,
  • Intellectual Property (“IP”) Ownership,
  • Indemnity Clauses, and
  • Limitation of Liability Clauses.