Terms of Service for Consultations

General

  1. These Terms outline the terms and conditions for consultations with Selene the Lawyer (hereinafter referred to as “Selene the Lawyer”).

  2. These Terms may be amended at any time without notice. Please contact Selene the Lawyer with any questions prior to booking a consultation as booking a consultation constitutes your acceptance of these Terms.


    Definitions

  3. The term “Terms” refers to these terms of service.

  4. The terms “client”, “you”, and “your” refer to clients of Selene the Lawyer and client team members (including employees, contractors, and other representatives of the client and the client’s company). 

  5. The terms “work”, “services” and “assignment” refer to the services provided by or on behalf of Selene the Lawyer, including, but not limited to the Consultation as defined in clause 6.


    Consultation

  6. The assignment for which you have engaged Selene the Lawyer is a virtual legal consultation for a maximum duration of 30 minutes (hereinafter referred to as; the “Consultation”).

  7. The scope of the Consultation does not include:

    (a) any additional (virtual) meetings, calls, emails, or other forms of communication;

    (b) any results in relation to or outcomes from the advice provided by or on behalf of Selene the Lawyer during the Consultation; and/or

    (c) any other services

  8. While Selene the Lawyer will keep the information shared during the Consultation confidential, there shall be no attorney-client relationship formed prior to, during, or following the Consultation, unless you and Selene the Lawyer mutually agree to move forward with further services.


    Additional work

  9. For any additional work, including but not limited to additional (virtual) consultations, calls, emails, or other forms of communication, Selene the Lawyer will charge an additional fee which is specified in clause 12 of these Terms.

  10. If during the Consultation an additional or new assignment is agreed upon between Selene the Lawyer and the client, a separate engagement letter setting forth the scope of the legal services and the costs of those services will be provided and must be signed by both the Client and Selene the Lawyer.


    Applicability

  11. These Terms apply to every assignment by Selene the Lawyer, including any follow-up assignments and new assignments.


    Fees

  12. As consideration for the Consultation, you agree to pay Selene the Lawyer one lump sum payment equal to € 125.00 (excluding VAT) (hereinafter referred to as; the “Consultation Fee”).

  13. If you cancel or miss a Consultation, you will not be refunded. If you re-schedule the Consultation prior to the scheduled time for the Consultation, Selene the Lawyer will not charge you for re-scheduling.

  14. Unless otherwise agreed, the fees for all other services provided by Selene the Lawyer are calculated on a time-spent basis and by reference to an hourly rate of $250.00.

  15. If Selene the Lawyer incurs expenses on behalf of the client, then these will be separately charged. 

  16. All amounts are exclusive of any applicable taxes.


    Billing

  17. You will pay the Consultation Fee as an advance against fees and costs. The Project Fee is must be paid immediately through PayPal upon scheduling a Consultation. In the event that the Consultation Fee is not received by Selene the Laywer ultimately 48 hours prior to your Consultation, the Consultation will be cancelled.

  18. Unless otherwise agreed, Selene the Lawyer will invoice the client for additional work performed and expenses incurred at the end of a matter, with a payment term of 14 days, starting from the date of the invoice. Selene the Lawyer may request the client to make an advance payment or deposit of 100% of the estimated work.


    No guarantees

  19. Selene the Lawyer is not responsible for any results in relation to the advice provided during the Consultation or otherwise. Selene the Lawyer cannot guarantee the outcome of the services and its comments about the outcome are expressions of opinion only. You acknowledge that Selene the Lawyer cannot guarantee any results of the services Selene the Lawyer provides to you (such as advice provided during the Consultation or otherwise) as such outcomes are based on subjective factors (including, but not limited to, your cooperation) that cannot be controlled by Selene the Lawyer.


    Non-legal advice

  20. Selene the Lawyer shall not be providing, obtaining or reviewing on your behalf any non-legal advice (such as business, commercial, financial, tax, technical, insurance, accounting, broking, actuarial, environmental or information technology matters), except where you and Selene the Lawyer expressly agree to do so.

  21. Selene the Lawyer will advise you on the corporate law and commercial law aspects of these matters and upon your request, Selene the Lawyer will coordinate the provision of advice on any other fields of law if and when necessary. Documents that Selene the Lawyer drafts (or on which Selene the Lawyer may comment) may include provisions relating to technical, non-legal matters or financial matters (such as formulae and other provisions dealing with calculations of, or adjustments to, monetary amounts) or containing formulae. Selene the Lawyer does not accept responsibility for the accuracy or the effect of such provisions. You or your other advisers should check that you are fully satisfied with the accuracy and effect of such provisions prior to their coming into effect. 


    Limitation of liability

  22. Any liability of Selene the Lawyer is limited to the amount paid out under Selene the Lawyer’s professional liability insurance. If no payment is made under Selene the Lawyer’s professional liability insurance (for whatever reason), Selene the Lawyer’s liability will be limited to the total amount of the fees charged by Selene the Lawyer and actually paid by the client in relation to the specific services in relation to which the damages occurred. 

  23. Selene the Lawyer shall at no time be liable for any indirect or consequential damages resulting from the performance of an assignment.

  24. A claim expires if within six months after the discovery of the event giving rise to the claim, Selene the Lawyer has not been notified thereof in writing.

  25. Any liability for advice in relation to jurisdictions other than the Netherlands is excluded.


    Indemnity

  26. These Terms do not only apply exclusively to Selene the Lawyer, but also to any and all persons involved in executing the assignment. The client indemnifies Selene the Lawyer against all claims of third parties in any way related to or arising from the assignment.


    Third parties

  27. Selene the Lawyer may, in carrying out its work, engage third parties. Selene the Lawyer will take the necessary care in the selection of third parties. Selene the Lawyer is not liable for any acts or omissions of those third parties. Selene the Lawyer is authorized by the client to accept any limitations of third parties on behalf of the client.

  28. All assignments are deemed to have been given to Selene the Lawyer only, even if it is intended that the assignment is to be performed by a specific affiliated person. Sections 7:404 and 7:407 of the Dutch Civil Code shall not apply. The term “affiliated person” includes Selene Snippe persons working for Selene the Lawyer and third parties engaged by Selene the Lawyer to carry out an assignment.

  29. In the performance of assignments, Selene the Lawyer may receive monies from clients or third parties. Selene the Lawyer shall deposit such monies with a bank chosen by Selene the Lawyer in consultation with interested parties. Selene the Lawyer shall not be liable if the bank chosen fails to fulfill its obligations.


    Money Laundering and Financing of Terrorism

  30. Pursuant to applicable regulations (including the Act on the Prevention of Money Laundering and Financing of Terrorism (in Dutch: “Wet ter voorkoming van witwassen en financiering van terrorisme”), Selene the Lawyer is under the obligation to establish the identity of its clients and, under certain circumstances, to report unusual transactions to the authorities. By instructing Selene the Lawyer, clients confirm that they are aware of these obligations and, to the extent necessary, consent thereto.


    Personal data protection

  31. Selene the Lawyer obtains data about individuals, such as contact information, information related to assignments, billing information, and other personal data in connection with its provision of services to its clients. Unless Selene the Lawyer specifically agrees otherwise, Selene the Lawyer acts as the controller or local equivalent of personal data (i.e., Selene the Lawyer determines the means and purposes of the processing), and retains the responsibility to address data protection laws to the extent applicable to Selene the Lawyer. Selene the Lawyer implements standard contractual clauses and other measures to address cross-border data transfer restrictions in data protection laws. For the purpose of performing assignments and client-related work, administrating the client’s information, marketing, business development and knowledge management, Selene the Lawyer may disclose personal data to third parties.


    Assignment

  32. The client may not assign any of its rights under this engagement letter to any third party without the prior written permission of Selene the Lawyer.


    Applicable law & jurisdiction

  33. Without prejudice to clause 34, all disputes arising out of or in connection with these Terms, the Disclaimer, the Privacy & Cookie Policy, or further agreements resulting therefrom shall be settled in accordance with the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules. The place of arbitration shall be Cleveland, Ohio. The proceedings shall be conducted in the English language. No award or procedural order made in the arbitration shall be published.

  34. If:

    (a) You are registered in the United States of America; or

    (b) a dispute is not subject to arbitration under clause 33 for whatever reason,

    that dispute shall be settled in the competent courts located in Cleveland, Ohio, and You and Selene the Lawyer both irrevocably consent to the exclusive jurisdiction and location of the competent courts in Cleveland, Ohio, for the adjudication of all non-arbitral claims.

  35. You agree to bear and pay Selene the Lawyer for the full cost of the legal proceedings, including, but not limited to, the attorney's costs, to the extent permitted by law.