General terms and conditions of the partnership Soliana Bonapart & Aardenburg
- Soliana Bonapart & Aardenburg (“SB&A”) is a partnership incorporated under the laws of Curaçao with the object of exercising the legal profession and of which the partners are legal persons. A list of the partners is available upon request. The partnership is established in Curaçao.
- All assignments shall be deemed to have been entrusted to and accepted by SB&A. The death or termination employment of a staff member or a partner’s resignation from the partnership shall not cause an assignment to terminate, regardless of whether the assignment was granted with a particular person in mind. The general conditions applied to all assignments entrusted to SB&A by the clients. These general conditions also apply to any new, additional or follow-up assignments granted by the client. The provisions of these general conditions apply equally to legal relations that may arise as a result of or in connection with the use of the website(s) that are operated by SB&A. Without prejudice to that which is provided by law, both SB&A and the client may terminate the assignment through a notice of termination, provided that a reasonable notice period is observed.
- SB&A can at all times require an advance payment such in connection with the work to be performed by her prior to accepting an assignment and during the execution of an assignment. The work can be suspended if there is no advance to cover same.
- The client is required to pay a fee increased by administrative expenses per note of charges, the taxes and dues levied by the government as well as eventual disbursements payable to SB&A in order for SB&A to carry out an assignment. The calculation of the fee is in principle 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 expenses and disbursements by means of a note of charges. SB&A strives for sending notes of charges to the client on a monthly basis.
- The client shall pay the note of charges without any deduction, discount or set off, within fifteen (15) calendar days from the date of dispatch of the invoice, in the absence of which the client shall be in default. In that case, the client shall owe an interest of 1.5% per month. The client shall also owe 15% collection charges with a minimum of ANG 500.00. In the event that either SB&A or its “Stichting Derdengelden maatschap Soliana Bonapart & Aardenburg (the Foundation Third Party Account partnership Soliana Bonapart & Aardenburg) holds funds in custody for a client, SB&A is entitled to set off such funds against its note of charges.
- Entrusted assignments will be executed exclusively for the benefit of the client. Other persons than the client may not rely on the result or the execution of the work carried out for the client and may not derive any rights from same, unless SB&A shall have accepted such explicitly and in writing. The client may not assign the rights arising from the assignment under whatever title to third parties without the explicit prior written consent of SB&A.
- If necessary, SB&A, acting in consultation with the client, will enlist the services of third-party experts from outside its organization. SB&A disclaims any liability whatsoever for faults committed by these third parties. SB&A shall observe the necessary due care when involving third parties and when selecting such third party shall consult with the client as often as is customary or reasonable in its relation with the client. SB&A has the authority to accept conditions that apply in the relation between her and the third party or those conditions that are stipulated by the third party. SB&A may invoke such conditions against the client insofar it regards 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 each third party, whether or not employed, that is involved in the execution of any assignment or that is or can be liable.
- When executing the assignment SB&A shall take the appropriate measures to maintain the confidentiality of the client relation. However, the following nonetheless applies to the assignment, unless the contrary has been agreed:
- The client gives consent, whether or not in connection with the assignment, to bring known particulars to the knowledge of those within SB&A for whom knowledge of such information is useful in connection with the handling of the assignment or the relation management;
- The client gives consent to communicate through all usual means of communication at that particular point in time, particularly the use of e-mail, internet and fax.
- Any liability on the part of SB&A is limited to the amount which is paid out under its professional liability insurance in the matter concerned, increased by 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 such may result in damage or loss.
- Alterations and additions to these conditions shall be binding upon the client thirty (30) days after the client has been notified thereof by SB&A.
- The legal relationship between SB&A and its clients is governed by the laws of Curaçao. All disputes arising from this legal relationship shall be decided by the Court of First Instance of Curaçao, notwithstanding the possibility for appeal and cassation against said decision.
- These general conditions have been drawn up in Dutch and English. In the event of any disagreement as to its contents and object, the Dutch version shall be binding.
These General Terms and Conditions have been filed with the Registry of the Court of First Instance in Curaçao on April 3, 2013.