EuroClaim VsI
Effective June 15, 2019
These Terms and Conditions (the “Terms“) govern use of the website and Services of EuroClaim VsI (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “EuroClaim,” “we,” or “us”). By using the Services, users agree to be bound by these Terms, all applicable laws and all conditions or policies. EuroClaim may amend the Terms at any time by posting a revised version of the Terms on our website. Access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms. For questions about the Services, please send an email to info@euroclaim.eu.
Contents
“Agreement” shall mean the agreement between the Client and EuroClaim that is concluded after the Client accepted Terms, which is signed by electronic means or in writing. Under the Agreement the Client assigns to EuroClaim full ownership and legal title to his/her claim under the simplified cross-border procedure or under any other similar national procedure applicable in respect of the Client’s dispute.
Only where the Agreement is declared invalid or cannot be considered valid in the particular jurisdiction (country), the Agreement concluded between the Client and EuroClaim shall be considered as a contract for services according to which EuroClaim undertakes to organize and finance the recovery of money from the debtor and to execute all other actions in relation to the Agreement.
“Claim” means most types of civil or commercial claims related to:
- payment of money;
- damages caused by accident;
- delivery of goods or another movable property;
- carrying out a contract;
- stopping out a contract;
- other similar grounds.
“Client” shall mean natural or legal person that has signed the Agreement, accepted Terms and who seeks to recover money from the debtor with the assistance of EuroClaim.
“Debtor” has a meaning of legal or natural person who owes money to the Client because of legal arrangement between the parties or because of illegal Debtor’s actions, which caused the occurrence of the right for the Claim by the Client.
“Services” shall mean EuroClaim’s assistance to the Client in recovering the money from the Debtor. EuroClaim assists in preparing the Claim, translating the documents, locating the competent court, calculating interests and sending all relevant documents to the court for a service fee.
“Simplified Cross-Border Procedure” is a judicial procedure pursuant to Regulation (EC) No 861/2007 establishing a European Small Claims Procedure or Regulation (EC) No 1896/2006 creating a European order for payment procedure or pursuant to any other international and national procedure applicable in respect of the Client’s dispute when the parties of dispute are located in different countries.
“Judicial Proceeding” means a legal procedure in respective court regarding to the Client’s dispute with the Debtor.
Welcome to EuroClaim!
This page explains our Terms. When you use EuroClaim, you are agreeing to all of the rules on this page. Some of them need to be expressed in legal terms, but we have done our best to provide you with clear and simple explanations of what everything means.
By using this website (the “Site”) and Services offered by EuroClaim you are agreeing to these legally binding Terms.
1. Agreement
1.1 After the Client has accepted these Terms and signed either the Agreement or filled out Claim Form or Authority Document, the Client agrees to receive the Services and EuroClaim agrees to deliver the Services unless EuroClaim notifies the Client that EuroClaim cannot deliver the Services in respect of the Claim.
1.2 By entering into an Agreement with EuroClaim, the Client warrants that he/she is authorized and has the legal capacity to enter into the Agreement on his/her own behalf.
1.3 The Client agrees that EuroClaim will assist him/her in the exercise of the right to defend him/her in recovering money from the Debtor.
1.4 The Client confirms that the Claim has not been assigned to third parties and no legal dispute is pending between the Client and the Debtor on the same matter. The Client understands that by concluding this Agreement he/she may not conclude the same and/or any similar agreement, including companies competing with EuroClaim to act in the interest of the Client, taking legal action in relation to the Claim.
1.5 The Client undertakes to provide EuroClaim with all data and information that is required to file the Claim and recover money from the Debtor.
1.6 By signing the Agreement and agreeing with Terms the Client confirms that he/she will not start or continue any direct communication or accept any payment from the Debtor.
1.7 The Client confirms and declares that Terms are a direct proof and expression of true will and to be respected by the judicial institutions and debtors. Client agrees with EuroClaim that all recovered money under EuroClaim’s assistance should be transferred directly to the bank accounts owned by EuroClaim or other bank accounts as agreed by EuroClaim and the Client.
2. Claim Processing
2.1 Clients should submit all information related with the Claim to EuroClaim via our website or e-mail. After such data is received, EuroClaim will assess it and will decide whether the Claim is justified. If EuroClaim decides that the data provided by the Client is sufficient and Claim could be successful, we shall execute all necessary actions in order to recover Client’s money.
2.2 After the Agreement is concluded and Claim is prepared, EuroClaim shall refer directly to the respective court with the Claim in order to recover money from the Debtor.
2.3 During Judicial Proceedings, the legal representative of EuroClaim shall be granted access to all data provided by the Client to EuroClaim and shall have the full power of attorney in order to pursue the Claim. If third parties require any additional documents proving the powers of the legal representative, the Client shall immediately provide such required documents.
2.4 If EuroClaim institutes legal proceedings to pursue a Claim, EuroClaim will initially cover costs incurred, excluding the court fees. EuroClaim will inform the Client about the exact court fees to be paid.
2.5 In the event the lawsuit is won, or a settlement has been reached between the Debtor and Client, EuroClaim will cover any costs incurred that are not covered by the Debtor (excluding the court fees). Provided that the Claim is successful and the Client recovers money, the Client agrees that all costs incurred by EuroClaim and claimed from the Debtor are recovered to EuroClaim.
2.6 The Client acknowledges that it is the sole decision of EuroClaim to accept any settlement offer since the Client has assigned the Claim to EuroClaim. In case EuroClaim acts on behalf of the Client pursuant to a power of attorney/authority agreement, the Client authorizes EuroClaim to accept or reject settlement offers based on EuroClaim’s judgement.
2.7 Please note that the result of the assessment as provided in Section 2.1 above does not include any binding statement and does not guarantee successful enforcement of the Claim.
2.8 The Client acknowledges that the Claim handling by the court may take considerable time and it’s only a court’s discretion following relevant legal acts to set a particular time frame when a court decision is to be made. EuroClaim cannot oblige the court to make a decision during specific time period and therefore, bears no responsibility of possible delays and long legal processes.
3. Our Fees and Payments
3.1 Settlement in accordance with the procedure provided in these Terms is linked to the essential condition that the recovered money is to be paid to EuroClaim’s or Client’s bank account. Upon payment of the recovered money by the Debtor or by the bailiff, EuroClaim and the Client shall settle in accordance with the procedure provided in the Terms.
3.2 EuroClaim brings the Claim to the court free of service charge. However, provided that the Claim is successful and the money is recovered then EuroClaim is entitled to the remuneration (a success fee) for the services provided. The exact success fee amount (excl. VAT) is agreed between the Client and EuroClaim before bringing the Claim to the court.
3.3 If Simplified Cross-Border Procedure is started, in order for the Claim to be accepted by the respective court the Client shall pay a court fee. The court fee is solely based by respective country’s local legislation and is not determined by EuroClaim.
3.4 If EuroClaim Claim is going to be satisfied and the recovered funds are transferred to EuroClaim’s account, EuroClaim will transfer recovered money to the Client, subject only to fees that apply pursuant to section 3.2. If Claim is going to be satisfied, but recovered money and/or attorney’s fees, court fees, interest or similar payments have been transferred directly to the Client, the Client will transfer EuroClaim service fees pursuant to section 3.2. within 14 (fourteen) days from the day the recovered money was received by the Client. In order to avoid uncertainty between the Client and EuroClaim, the Client must also pay for the services provided even if the Claim is satisfied partially.
3.5 If the Client fraudulently provides incorrect or incomplete data and EuroClaim incurs additional costs due to that, the Client shall fully reimburse such costs to EuroClaim.
3.6 If the Client has provided wrong or insufficient information needed to recover money from the Debtor and the Claim is dismissed, EuroClaim is entitled to deduct all additional costs incurred by EuroClaim.
4. Rights and Obligations
4.1 The Client warrants that data and information provided by the Client to EuroClaim in relation to the Claim is correct, complete, true and not misleading. The Client shall keep EuroClaim indemnified for any claims which arose due to incorrect information provided by the Client and/or lack of cooperation or improper cooperation by the Client.
4.2 Client shall with or without a specific request provide EuroClaim with all the data and documents that are required for processing the Claim, e.g. copies of identity documents, correspondence with the Debtor any other information relevant to the Claim.
4.3 If the Client receives any payment from the Debtor after engaging into EuroClaim’s Services, the Client is obligated to notify EuroClaim immediately. In such case, the Client shall be obliged to pay EuroClaim the commission, indicated in Section 3.2 in 14 (fourteen) days from the day the payment is received from the Debtor to the bank account provided in EuroClaim’s website or any other bank account provided by EuroClaim in a written form.
4.4 If the Client provides incorrect or incomplete data or if the Client decides to terminate Agreement with EuroClaim after the Client has already recovered money from the Debtor for the respective Claim and EuroClaim is not able to recover money from the Debtor or losses through the Judicial Proceedings, EuroClaim reserves the right to bring the claim against the Client for the resulting damage.
5. Termination
5.1 The Agreement can be terminated by EuroClaim if we think that the Claim may not be successful after conducting an in-depth review of the Claim.
5.2 EuroClaim may terminate this Agreement in case of incorrect data/information provided by the Client or if upon our decision the Client performs a fraudulent conduct.
5.3 In case of termination of the Agreement by the Client after contractual work has already been performed and EuroClaim or our authorised representatives have commenced Judicial Proceedings, EuroClaim is entitled to charge the Client administration costs as well as other costs incurred, costs of services, bailiff’s costs, extrajudicial costs, authorised representative’s fees, additional fees and other costs incurred. The Client shall pay the amounts indicated in this Section within 14 (fourteen) days after receipt of EuroClaim’s invoice.
5.4 If the Client is a consumer pursuant to EU legislation, i.e. when the Client acts outside the scope of business, it has the statutory right of withdrawal from the Agreement at the same time returning full ownership to his (hers) Assignment. The Client is entitled to terminate the Agreement proving a written notice within 14 (fourteen) days after the conclusion of the Agreement, but only taking into account EuroClaim have not processed the Claim (i.e. sent Claim for the translation or proceeded with the Claim to the court or started other actions in connection with the money recovery).
5.5 In case the Agreement is terminated by the Client after 14 (fourteen) days or after the Claim was processed by EuroClaim, we are entitled to reimbursement of the costs incurred in a course of supply of Services to the Client under this Agreement, and the reimbursement shall not exceed a sum specified in Section 3.2.
6. Indemnification
6.1 If the Client’s actions result in legal action against EuroClaim or if the Client breaks any of obligations he/she assume under the Agreement and these Terms, the Client agrees to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorney’s fees and other legal costs) that arise from or relate to your use or misuse of EuroClaim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to this indemnification clause, in which case the Client agrees that he/she will cooperate and help us in asserting any defences.
6.2 EuroClaim shall not be liable for any amount of compensation, damages or similar payments, if EuroClaim is prevented from transferring the payment to the Client by an event beyond its reasonable control, including without limitation, strike, lock-out, labor dispute, act of God, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood and storm.
7. Limitation of Liability
7.1 To the fullest extent permitted by law in no event will EuroClaim, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site.
7.2 EuroClaim is not liable for any damages or losses related to your use of the Services. We do not become involved in disputes between the Client’s any third party relating to the use of the Services. We do not oversee the performance or punctuality of events. When you use the Services, you release EuroClaim from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services.
8. Other
8.1 These Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the Republic of Lithuania except if otherwise agreed in the specific document which is satisfactory to EuroClaim.
8.2 Any disputes with EuroClaim have to be handled in the Republic of Lithuania.
8.3 Should any provision of these Terms be or become void, illegal or unenforceable, this shall not affect the validity of the remaining provisions in any way whatsoever.