Posted in AI/Software/Platforms, Contract Law

Legal platform – PartnerVine

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

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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 (?).

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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?

 

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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.

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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.

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