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1. Definitions

1.1.      Aruba Legal is a Partnership of private limited companies (“professional practice companies”). A list of partners will be provided on request.

1.2.      Principal (also to be named ˝client˝ hereinafter) shall be understood to be the natural person or legal entity that gives instructions for services (either) orally, personally, or by telephone, or in writing, by letter, fax, or e-mail.

1.3.      An assignment shall be understood to be the agreement in the sense of Article 7:400 Civil Code Aruba (CCA), by which Aruba Legal commits towards the principal to perform certain services. All assignments shall be accepted and performed by Aruba Legal, with the exclusion of the effect of Article 7:404 CCA and of Article 7:407, paragraph 2, CCA. This shall also be applicable if the explicit or tacit intention is that an assignment will be performed by a certain person. 

 

2. Performance of Services
2.1.   All work and services commissioned by Clients shall be accepted and carried out exclusively by the Aruba Legal Partnership.

2.2.   If services of third party service providers (“service providers”) are to be procured Aruba Legal shall where possible consult with the Client beforehand and shall in any event exercise due prudence in the selection of such service providers. Aruba Legal shall not be liable for any failure, fault or shortcoming of such service providers. Aruba Legal has the right to accept any limitations of liability stipulated by service providers whose services have been procured by Aruba Legal. 

 

3. Liability
3.1    Any and all liability of Aruba Legal shall be limited to the amount which in the particular case concerned is claimable under our professional liability insurance plus the amount of the excess which in accordance with the terms of the insurance Aruba Legal has to bear in the particular case concerned.

3.2.   Save in an event of willful default or gross negligence by Aruba Legal, the Client shall indemnify and hold Aruba Legal harmless from and against all actions, claims or demands of third parties – including costs to be incurred by Aruba Legal in connection therewith – arising from or relating in any way to the work or services performed by Aruba Legal for the Client. 

 

4. Fees/ Invoices
4.1.   Unless otherwise agreed, the fees to be paid by the Client will be calculated on the basis of the number of hours worked multiplied by the applicable hourly rate according to the scale of fees as from time to time set by Aruba Legal . With respect to work and services that necessarily have to be rendered during the evening and/or in the weekend, the applicable hourly rate can be increased to a rate of not more than the double of the applicable hourly rate. Out of pocket expenses paid by Aruba Legal on behalf of the Client will be billed separately. For regular office costs (e.g. postage, (local) telephone, telefax and photocopying costs) a percentage of the fee will be charged. All amounts are exclusive of expenditure tax (“BBO”).

4.2.   Aruba Legal is authorized at all times, either when accepting the assignment, or while performing the assignment, to demand from the client an advance payment of the fees, augmented by disbursements and office expenses, while Aruba Legal shall have the right to suspend further services if the client does not meet this request.

   4.3.   All invoices sent by Aruba Legal to the Client must be paid within fourteen days from the date of the invoice. If the Client does not object to the invoice within a period of four weeks after he can be deemed to have received the invoice, the invoice will be considered approved by the Client. If payment of an invoice is overdue, the client shall be in default by operation of the law, and client shall owe an interest of 1.5% per month in respect of the outstanding invoice amount as of the moment the due date has passed, while part of a month shall be equivalent to a full month, as well as extrajudicial collection charges pursuant to Article 6:96, paragraph 2, letter c, CCA, estimated at 15% of the outstanding invoice amount. Aruba Legal shall have the right to suspend its services until full payment of the amount outstanding. Aruba Legal is authorized to set off monies received on behalf of the client against outstanding fees, disbursements and outstanding invoices. Setoff or other forms of settlement by the client shall never be permitted without explicit agreement in writing.

4.4.   If an assignment is given by more than one person, each of them shall be jointly and severally liable for the amounts owed to Aruba Legal on account of this assignment. If an assignment is given by a natural person on behalf of a legal entity, this natural person shall also be the principal in his private capacity, if this natural person can be considered to be one of the policy-makers of this legal entity. If the legal entity fails to pay, he shall consequently be personally liable for the invoice, irrespective of whether the invoice is addressed to a legal entity or to client as natural person, whether or not at client’s request.

4.5.   Aruba Legal is authorized at all times, either when accepting the assignment, or while performing the assignment, to demand from the client an advance payment of the fees, augmented by disbursements and office expenses, while Aruba Legal shall have the right to suspend further services if the client does not meet this request.  

 

5.      The conditions in these General Terms have been made also on behalf of the individual partners of Aruba Legal, the directors of the professional practice companies, and all persons employed or having been employed by or for Aruba Legal . 

 

6.      These General Terms and Conditions shall be applicable to any and all assignments third parties as principals (clients) give Aruba Legal. Applicability of general terms and conditions of the client shall be explicitly precluded.
 

7.      The legal relationship between Aruba Legal and the Client shall be governed by Aruban law. Disputes between Aruba Legal and the Client shall be decided exclusively by the court of competent jurisdiction in Oranjestad, Aruba.

 

10.       These General Terms have been written in the Dutch and English languages. In the event of differences in (the interpretation of) the texts the Dutch version shall prevail. A hard copy of these General Terms and Conditions can be obtained at the reception desk of the office of Aruba Legal and are also available at www.arubalegal.net
 

These General Terms have been filed at the Registry of the Court of First Instance at Aruba

 

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