Global Law

General terms and conditions Van Dijk Soliana Bonapart & Aardenburg III Bonaire

  1. Van Dijk Soliana Bonapart & Aardenburg III is the tradename of the partnership under which each of the two in Bonaire established companies George Soliana Legal & Counsel B.V. (Bonaire CoC nr. 8460) and Advocatenkantoor Van Dijk & Partners N.V. (Bonaire CoC nr. 4730) is practicing law at their own account and risk.

  2. All assignments are deemed to have been given to and accepted by one of the two companies, hereinafter briefly singularly referred to as " the contractor". The general terms and conditions are applicable to all assignments for legal services given by the client to the the contractor. These general terms and conditions are also applicable to any new, additional, amended or follow-up assignments from the clients. The stipulations of these general terms and conditions are also applicable to the legal relationship arising from or connected with the use of the website (s) maintained by the contractor. Notwithstanding the provisions of the law, both the client and the contractor may cancel the assignment by termination, with due observance of a reasonable period of time.

  3. Prior to the acceptance and during the execution of an assignment the contractor may at all times demand payment of an advance in connection with the work to be carried out by him. The work may be suspended if there is no advance available by way of security for payment.

  4. For the execution of the assignment the client shall pay a fee to the contractor (plus payment for fixed office expenses per fee note, for charges and dues levied by the government) as well as any disbursements payable to the contractor. In principle, the fee will be calculated on the basis of an hourly rate. The amount of the fee, the office expenses and the charges levied thereon, as well as the amount of disbursements will be made known to the client by means of a fee note. The contractor shall endeavor to send monthly notes of charges to the client.

  5. Clients are required to effect payment of the note of charges without any deduction, discount or setoff, within the timeframe mentioned on the invoice. Failure to comply therewith shall be regarded as default on the part of the client, in which case a 1.5% interest per month will be charged to the client. Moreover, the client will have to pay 15% collection charges with a minimum of US$ 250.00. In the event that either the contractor or the "Stichting Derdengelden (Clients' Funds Foundation) Advocatenkantoor Van Dijk" keeps funds in custody for a client, the contractor shall be entitled to deduct such funds from its note of charges.

  6. Entrusted assignments shall be executed exclusively for the benefit of the client. Third parties cannot derive any rights from the results of the work carried out on the client´s behalf or from the execution of the work itself. It is not permitted to the client, under whatever title, to transfer to third parties, the rights from an assignment except with the express prior written consent of the contractor.

  7. If necessary, the contractor, acting in consultation with the client, on behalf of and at the expense of the client, will enlist the services of third-party experts. The contractor disclaims any liability whatsoever for faults committed by these third parties. In enlisting the services of third parties, the contractor shall exercise due care in the selection of said third parties. The contractor shall consult with the client to the extent such consultation is usual or reasonable in the relation with the client. The contractor is authorized to accept conditions that are applicable between him and the third party or that are stipulated by the third party. The contractor will be allowed to enforce these terms and conditions against the client insofar as it concerns the execution of the assignment by the third party. Third parties shall never directly be held accountable the client. These general terms and conditions are stipulated for every third party whose services are enlisted for the execution of any assignment or who is or can be held accountable in connection therewith, whether or not such party is acting in the capacity of employee.

  8. In the execution of the assignment the contractor shall take proper measures to observe the confidentiality of the client relation. Nevertheless, the following provisions shall apply to the assignment, unless the contrary is expressly otherwise agreed.

    1. The client grants permission, whether or not in connection with the assignment, to communicate known data to persons within the organization of the contractor, who must be acquainted with such data in connection with the execution of the assignment or for purposes regarding the client relationship management;

    2. The client grants permission to the contractor within the context of the communication, to apply all means of communication commonly used at the moment, particularly the internet.

  9. Any liability on the part of the contractor is limited to the amount that is paid out under the firm´s professional liability insurance in the matter concerned, plus the amount of the deductible applicable to this insurance coverage. Said limitation of liability shall also be applicable in case an assignment is wrongly refused, resulting in any damage or loss.

  10. Alterations and additions to these conditions shall be binding upon the client 30 days after the client has thereof been notified by the contractor.

  11. 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, established in Bonaire, notwithstanding the possibility for appeals and cassation against said decision. These general terms and conditions have been drawn up in Dutch and English. In case of any disagreement as to the contents and purport, the Dutch version shall prevail.

 These general terms and conditions were filed with the Registry of the Court of First Instance of Bonaire, St. Eustatius and Saba, established in Bonaire, on November 17, 2017.