1. Aanic Legal Services, Trademarks & Consultancy N.V. (“Aanic Legal”) is a professional firm incorporated and existing under the laws of Aruba.
2. For the purposes of these General Terms & Conditions, “Client” shall be understood to mean: the natural persons or legal entities who/which have given Aanic Legal the assignment to render Services. Changes in the power of the Client or his representatives or agents, even if they have been entered in the public registers, shall only be in force and effect towards Aanic Legal after Aanic Legal has been given notice hereof in writing.
3. These General Terms & Conditions shall be applicable to any and all services and assignments a Client gives Aanic Legal, as well as any and all activities by Aanic Legal for the benefit of a Client, of whatever nature, carried out within the framework of an assignment, including activities that are not performed at the explicit request of a Client, with the exception of products and services of third parties. Applicability of general terms and conditions of the Client shall be explicitly precluded.
4. In the event of engaging third parties not belonging to its organization, Aanic Legal will exercise due care and (except for assistance by attorneys of record and process servers) it will consult with the Client on the selection of these third parties as much as is reasonably possible. Aanic Legal shall not be liable for any failure, fault, or shortcoming of such third parties.
5. If communication takes place between the Client and Aanic Legal using electronic techniques, i.e. email and Internet, then the Client shall bear the risk of transmission of viruses and similar phenomena as well as the risk of not receiving or incorrectly receiving a message. A message shall only be deemed to have reached Aanic Legal at the moment that Aanic Legal has taken note of that message. The Client is obligated to verify if the message actually reached the person it was addressed to.
Fees, Expenses, and Payment
6. Except for an explicit and written stipulation to the contrary, payment of the Services rendered by Aanic Legal takes place based on fixed hourly rates, which shall be communicated by Aanic Legal to the Client at the acceptance of an engagement.
7. In addition to the fee, Aanic Legal will charge the Client for taxes, disbursements, and other direct expenses that the rendering of Services to the Client entails. Such direct expenses include court fees, process server expenses, cost of external experts, hotel and traveling expenses, cost of translations, cost of courier services, and cost of long international telephone calls and fax messages. A standard surcharge of 8% over the fee may be added to cover the normal/usual expenses of telephone, fax, Internet, electronic data suppliers, photocopies, and postage.
8. In as far as a fixed price was agreed for rendering certain Services, and the rendering of the Services leads to extra work and performances that cannot be deemed in reason to be included in the fixed price, Aanic Legal shall timely inform the Client about the financial consequences of this extra work or performances.
9. If payment of an invoice is overdue, the Client shall be in default by operation of the law, without any further notice of default being required, 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, Civil Code of Aruba, estimated at 15% of the outstanding invoice amount. In the event the Client fails to pay, Aanic Legal shall have the right to discontinue or suspend any and all activities for the Client at once.
10. Aanic 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, and Aanic Legal shall have the right to suspend further services if the Client does not meet this request.
11. The legal relationship between the Client and Aanic Legal is subject to Aruban law. Any and all disputes arising from this legal relationship shall be settled exclusively by the competent court in Aruba.
12. These General Terms and Conditions 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 and Conditions have been filed at the Registry of the Court of First Instance at Aruba.