A. dklegal is a private limited liability company incorporated and established in Curaҫao and under the laws of the Netherlands Antilles on October 22nd, 2008 and registered with the Chamber of Commerce and Industry of Curaҫao under number 105888.
B. The following General Terms and Conditions have been filed at the Trade Register of the Curaҫao Chamber of Commerce and Industry and at the Registry of the Court in First Instance of Curaҫao.
C. dklegal may engage third parties on behalf of and in name of its clients, in which case proper care shall be taken into account while choosing a third party, preferably after prior consultation with client. dklegal neither its associates can under no condition be held nor deemed liable for any default or failings of such third party.
The clients authorize dklegal to accept any limitations of liability of third parties on its behalf. Any and all liability of shortcomings of these third parties shall be excluded with respect to dklegal
Clients shall indemnify and hold harmless dklegal from and against any and all claims of third parties and additional charges that might arise in consequence of not, or incorrectly, fulfilling any obligation by clients towards such third parties.
D. Exclusively the instructing clients have the right to receive and use for their benefit, the information received from dklegal and its associates related to an engagement. No other entity or person (third party) can legally benefit of the advice or services of dklegal without the prior written consent of the latter. In case of rendering such consent by dklegal, the use or benefit shall at all times be deemed and considered under the condition that the General Terms and Conditions of dklegal, as well as an engagement letter (if applicable), will apply.
E. The fees and expenses charged by dklegal can be agreed upon by means of an engagement letter, and can depend on aspects such as, yet not limited to: the liquidation rate of the Common Court of Justice, the scope of the services, the urgency of the matter and the level of expertise to be applied. F. dklegal expects its clients to settle invoices within a week after date of invoice. In case of late payment an interest fee will be added to the invoice. All costs incurred in relation to collection will be for the account of client. In case of default by client dklegal will have the right to suspend its activities until payment in full of the outstanding amounts.
G. Objections against invoices will be received and reviewed by dklegal unless in writing and within 14 days from date of invoice. Unless explicitly agreed upon otherwise, dklegal will consider to be authorized to compensate its invoices with balances on behalf of clients regardless of the nature thereof.
H. Deposits are, unless explicitly agreed upon otherwise, non-refundable.
I. dklegal is the sole and exclusive party to any engagement with its clients and / or any agreement or contract with third parties. No employee, managing-director or proxy holder can be considered or deemed to be party to an agreement or engagement with dklegal, nor can any employee, managing-director or proxy holder be held liable for any of the actions against the private limited liability company dklegal.
Applicability of sections 7:404 and 407 of the Civil Code of Curaҫao (‘BW’) is hereby expressly excluded.
Any liability of dklegal shall be limited to 150% of the invoices issued by dklegal to the client with regards to the specific matter related; under the condition that any and all liability shall be limited to an amount of Nafl. 100.000,=.
J. These General Terms & Conditions shall – without any exception – be applicable to any and all instructions and assignments the clients gives to dklegal, including any follow up assignments or instructions.
K. The Court in First Instance of Curaҫao is the exclusive competent forum.