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1. VanEps Kunneman VanDoorne is a Partnership of private limited companies (“professional practice companies”) and natural persons. A list of partners will be provided on request. 2. All work and services commissioned by Clients shall be accepted and carried out exclusively by the VanEps Kunneman VanDoorne Partnership. 3. If services of third party service providers (“service providers”) are to be procured VanEps Kunneman VanDoorne shall where possible consult with the Client beforehand and shall in any event exercise due prudence in the selection of such service providers. VanEps Kunneman VanDoorne shall not be liable for any failure, fault or shortcoming of such service providers. VanEps Kunneman VanDoorne has the right to accept any limitations of liability stipulated by service providers whose services have been procured by VanEps Kunneman VanDoorne. 4. Any and all liability of VanEps Kunneman VanDoorne 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 VanEps Kunneman VanDoorne has to bear in the particular case concerned. 5. Save in an event of willful default or gross negligence by VanEps Kunneman VanDoorne, the Client shall indemnify and hold VanEps Kunneman VanDoorne harmless from and against all actions, claims or demands of third parties – including costs to be incurred by VanEps Kunneman VanDoorne in connection therewith – arising from or relating in any way to the work or services performed by VanEps Kunneman VanDoorne for the Client. 6. 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 VanEps Kunneman VanDoorne . 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 VanEps Kunneman VanDoorne 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 (“OB”). 7. All invoices sent by VanEps Kunneman VanDoorne 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, VanEps Kunneman VanDoorne will charge interest at a rate of 8% per annum or, at its discretion, statutory interest. In that case, VanEps Kunneman VanDoorne shall have the right to suspend its services until full payment of the amount outstanding. VanEps Kunneman VanDoorne is authorized to set off monies received on behalf of the client against outstanding fees, disbursements and outstanding invoices. 8. The conditions in these General Terms have been made also on behalf of the individual partners of VanEps Kunneman VanDoorne, the directors of the professional practice companies, and all persons employed or having been employed by or for VanEps Kunneman VanDoorne . 9. The legal relationship between VanEps Kunneman VanDoorne and the Client shall be governed by the law of the Netherlands Antilles c.q. Aruban law. Disputes between VanEps Kunneman VanDoorne and the Client shall be decided exclusively by the court of competent jurisdiction in Willemstad, Curaçao, or, if Aruban law applies, 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. These General Terms have been filed at the Registry of the Court of First Instance at Curaçao and Aruba. |