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GENERAL TERMS AND CONDITIONS

  1. GKD Advocaten & Mediators B.V. (hereafter: “GKD Legal & Mediation”) is a private limited liability company incorporated under the laws of Curaçao.
     

  2. These general terms and conditions apply to all assignments (including all additional and subsequent assignments)  commissioned to GKD Legal & Mediation by the client, as well as all legal relationships resulting there from. These general terms and conditions are also stipulated for the benefit of all third parties that are involved in any way in the performance of the services of GKD Legal & Mediation
     

  3. All assignments will be solely accepted and performed by GKD Legal & Mediation, including in the event it is the explicit or implicit intention that the assignment will be carried out by a specific person. Articles 7:404 and 7:407 sub 2 of the Civil Code do not apply.
     

  4. GKD Legal & Mediation shall exercise due care when engaging third parties. GKD Legal & Mediation shall not be liable for any damage resulting from errors or omissions of third parties. The client authorizes GKD Legal & Mediation to accept any limitations of liability of third parties on behalf of the client.
     

  5. The client indemnifies GKD Legal & Mediation and holds GKD Legal & Mediation harmless from and against all third-party actions and claims, including reasonable costs of legal aid, which in any way relate to or arise from the activities carried out for the client, except in the case of intent or gross negligence on the part of GKD Legal & Mediation.
     

  6. Invoicing for services shall take place on a monthly basis, unless otherwise agreed between parties in writing in advance. GKD Legal & Mediation is entitled to request an advanced payment prior to rendering its services, which shall be set off against the final invoice.
     

  7. Except for an explicit and written stipulation to the contrary, the fee for the services rendered shall be based on the amount of worked hours, multiplied by the applicable hourly rate. The fee shall be increased with an office surcharge, and the current VAT percentage insofar applicable. The costs not included in the fee shall be charged separately.
     

  8. Payments must be made in Netherlands Antilles Guilders (ANG), or the currency used in Curaçao, unless otherwise agreed upon in writing. The invoices must be paid within seven days as of the date of the invoice. The client waives its right to set off or suspend its payment. Possible complaints about the invoice or the services related to the invoice should be made in writing within thirty days as of the date of the invoice, in absence of which the client is presumed to agree with the correctness and indebtedness of the invoice.
     

  9. In the event that the invoice is not paid within the payment term, GKD Legal & Mediation is without further default notice entitled to suspend the performance of its services. GKD Legal & Mediation shall not be liable for any damages resulting there from. GKD Legal & Mediation is also entitled to charge contractual interest of 1.5% per month on the outstanding amount. In the event the client remains in default after receiving notice the client shall be liable for all extrajudicial and judicial collection costs. These costs will at a minimum consist of 15% of the invoice amount.
     

  10. In the event the client and GKD Legal & Mediation engage in communication through electronic means, including (without limitation) e-mail and other forms of data transmission, both parties shall adopt standard means of virus protection. Neither party shall be liable vis-à-vis the other party for any damage resulting from the transmission of viruses and/or other irregularities in electronic communications, and/or for messages or data, which are not received or received in non-correct or damaged format. In principle, the transmission of emails and other forms of data transmission shall be non-encrypted.
     

  11. Any and all liability on the part of GKD Legal & Mediation shall be limited to a sum equal to two times the amount invoiced in the relevant case in the four months preceding the incident which resulted in the liability, with a maximum liability of ANG. 5.000,-. GKD Legal & Mediation shall not be liable for any indirect damages, including consequential loss, trading loss, loss of profits and lost savings.
     

  12. GKD Legal & Mediation shall not be liable if it is not able to meet its obligations (in time) due to force majeure. Force majeure means, next to the meaning on grounds of the law and jurisprudence, all external causes, foreseeable and unforeseeable, to which GKD Legal & Mediation exerts no influence and as a result of which it is not able to (timely) meet its obligations. This consists of, but is not limited to, strikes, sickness of personnel, fire, computer-, business-, and technical failures at GKD Legal & Mediation or its engaged third parties or errant information received from the client or third parties.
     

  13. Any and all rights of action and other rights or powers on whatever account towards GKD Legal & Mediation shall become null and void in any case after the lapse of twelve months after the date of the incident, unless said rights of the client have lapsed at an earlier date on grounds of the law.
     

  14. The legal relationship between GKD Legal & Mediation and the client may be terminated by either party by providing prior written notice, if so desired with immediate effect. The client shall be obliged to pay all fees for the services performed until the moment of termination. GKD Legal & Mediation reserves the right not to provide (copies of) documents from the client to the client as long as clients payment obligations have not been met.
     

  15. The rules of conduct for attorneys at law apply to the relationship between GKD Legal & Mediation and the client; in that context, GKD Legal & Mediation will not be obliged to defend a case that it considers incorrect or unjust, in accordance with the professional oath taken by the attorneys of GKD Legal & Mediation. This assessment is at the sole discretion of GKD Legal & Mediation.
     

  16. These general terms and conditions have been drawn up in Dutch and in English. In the event of a conflict regarding the content or intent of these general terms and conditions, the Dutch version shall prevail.
     

  17. GKD Legal & Mediation is entitled to amend these general terms and conditions. The amended general terms and conditions shall take effect thirty days after receipt of the notice in writing of such amendment.
     

  18. The legal relationship to which these general terms and conditions apply shall be governed by and construed in accordance with the laws of Curaçao. Disputes shall be submitted to the competent court in Curaçao.
     

  19. These general terms and conditions have been filed with the Registry of the Court of First Instance of Curaçao and can also be consulted at the offices of GKD Legal & Mediation and will be offered to the client free of charge upon request. These are also available on GKD Legal & Mediation’s website: www.gkd-legalmediation.com.

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