General terms and conditions of the partnership Van Dijk Soliana Bonapart & Aardenburg

  1. Van Dijk Soliana Bonapart & Aardenburg ("Van Dijk SBA") is the tradename of the Law Office Van Dijk & Partners N.V. established on Bonaire.
  2. All assignments are deemed to have been given to and accepted by the Law Office Van Dijk & Partners N.V., hereinafter simply referred to as "the contractor". These general terms and conditions are applicable to all assignments for legal services given by the client to the contractor. These general terms and conditions are also applicable to any new, additional, amended or follow-up assignments from the client. The stipulations of these general terms and conditions also apply to the legal relationship arising from or connected with the use of the contractor’s website(s). Notwithstanding the provisions of the law, both the client and the contractor may terminate the assignment via a notice of termination, provided that a reasonable notice period is observed.
  3. Prior to the acceptance of and during the execution of an assignment, the contractor may at all times require an advance payment in connection with the work to be carried out by the contractor. The work may be suspended if payment is made to cover the work.
  4. The client is required to pay a fee (plus an administration fee per invoice, the taxes and duties levied by the government) as well as any advances due to the contractor in order for the contractor to carry out an assignment. In principle, the calculation of the fee is based on an hourly rate. The client will be notified of the amount of the fee, the taxes that are levied on the fee, administrative fees, as well as the amount of the advances, via an invoice. The contractor strives to send invoices to clients on a monthly basis.
  5. The client shall pay the invoice without any deductions, discounts or setoffs, within ten calendar days from the date the invoice was sent, failing which the client shall be in default. In that case, the client will be charged 1.5% interest per month. The client will also be charged a 15% collection fee with a minimum of US $250.00. In the event that either the contractor or its “Stichting Derdengelden Advocatenkantoor Van Dijk (the Advocatenkantoor Van Dijk Third Party Account Foundation) retains funds for a client, the contractor is entitled to offset such funds against its invoice.
  6. Assignments entrusted to the contractor will be executed exclusively for the client’s benefit. Persons other than the client may not rely on the results or the execution of the work carried out for the client and may not derive any rights therefrom, unless the contractor has explicitly agreed to this in writing. The client may not assign the rights arising from the assignment, under whatever title, to third parties without the contractor’s explicit prior written consent.
  7. If necessary, after consulting with the client, the contractor will enlist the services of third party experts from outside its organization. The contractor disclaims any liability whatsoever for faults committed by these third parties. The contractor shall exercise the necessary due care when involving third parties and when selecting such a third party, shall consult with the client as often as is customary or reasonable in its relation with the client. The contractor has the authority to accept conditions that apply in the relationship between it and the third party or those conditions that are stipulated by the third party. The contractor may invoke such conditions on the client insofar as these pertain to the execution of the assignment by the third party. The client shall never make a claim directly against such third parties. These general conditions are also being stipulated for the benefit of every third party, whether employed or not, that is involved in the execution of any assignment or that is or may be liable.
  8. When executing the assignment, the contractor shall take the appropriate measures to maintain the confidentiality of the client relationship. However, the following applies to the assignment nonetheless, unless the contrary has been agreed to:
    1. The client grants permission, whether or not in connection with the assignment, to allow information known within the contractor to be disclosed to those persons within the contractor for whom the knowledge of such information is useful in connection with executing the assignment or for relationship management;
    2. The client grants permission to communicate via all the usual means of communication at the at time, especially also the use of the internet.
  9. Any liability on the part of the contractor is limited to the amount which may be paid out under its professional liability insurance in the matter concerned, plus the amount of the applicable deductible under the policy. The limitation of liability shall also apply in the event that an assignment is wrongly refused and as a result damage or loss may be incurred.
  10. Changes and additions to these conditions shall be binding upon the client thirty days after the client has been notified of these by the contractor. The legal relationship between the contractor and its clients is governed by the laws of Bonaire, St. Eustatius and Saba (BES law). All disputes arising from this legal relationship shall be decided by the Court of First Instance of Bonaire, St. Eustatius and Saba, notwithstanding the possibility to appeal and cassation against said decision.
  11. These general conditions have been drawn up in Dutch and English. In the event of any disagreement as to its contents and scope, the Dutch version shall be binding.

These General Terms and Conditions were filed on April 1, 2013 with the Registry of the Court of First Instance of Bonaire, St. Eustatius and Saba, venue Bonaire.