General Terms & Conditions
1. Gibson & Associates, hereinafter referred to as “G&A”, is a partnership consisting of private companies with limited liability (“naamloze vennootschap”) incorporated under The Laws of St. Maarten.
2. These General Terms and Conditions shall apply to all work assigned by clients of G&A to G&A, to the (managing) director(s) of G&A, and/or to the employee’s of G&A.
3. All work is deemed to be assigned to and accepted by G&A. Notwithstanding Articles 7:404, 7:407 paragraph 2 and 7:409 of the Civil Code of St. Maarten, the (managing) director(s), the associates of G&A, as well as persons (otherwise) employed at G&A shall not be obliged to perform such work personally, nor shall they be personally held liable with respect to such work. The assignment of work shall not terminate as a result of the death of the above, even if the work had been assigned to a particular individual.
4. Professional fees payable by the Client shall be calculated on the basis of the number of hours worked multiplied by the applicable hourly rate as established for a particular lawyer by Gibson & Associates. Gibson & Associates reserves the right to change the hourly rate for the various lawyers as well as the percentage of the surcharge for administrative costs and – if changes in the Law admits- the turn over taxes from time to time at its full discretion.
5. Payments shall be made without any restriction in U.S. or ANG currency at the offices of Gibson & Associates either by cash or (certified) check or by wire transfer into a bank account designated by Gibson & Associates, within 14 days of the date of the invoice.
6. If the Client does not object explicitly to the invoice within a period of 14 days as mentioned above, the invoice will be considered approved by Client.
7. In the event that Client has not paid the invoice he \ she shall automatically be in default, without any further notice of default being required. In case Client fails to pay one or more invoices, Gibson & Associates has the right to discontinue or suspend any and all activities for the Client at once and until the outstanding invoice(s) have been settled in full.
8. All unpaid invoices are subject to interest of 1% per month and reasonable collection fees, including but not limited to reasonable attorney fees.
9. G&A shall exercise due care in the instruction of third parties. G&A is in no way liable for any faults on the part of such third parties.
10. Any liability on the part of G&A is limited to the amount that is, in that particular case, paid out under G&A’s malpractice insurance policies.
11. The client’s instructions are carried out exclusively for the benefit of the client. Third parties shall not be entitled to invoke any rights as a result of the work carried out for the client.
12. Any and all claims and/or rights against G&A shall expire and are therefore not enforceable after a period of one (1) year consequent the moment in which the party involved becomes or could have become aware of the existence of such claim(s) and/or right(s).
13. These General Terms and Conditions are also stipulated – without prejudice to Articles 2 and 3 above – on behalf of any and all third parties engaged in carrying out or performing of the work assigned, as well as on behalf of persons that are or have been employed and/or parties that are or were retained by G&A.
14. The legal relationship between G&A and those who retain its services shall be governed by The Laws of St. Maarten. Any disputes arising out of this relationship shall be resolved by the Court in First Instance on Sint Maarten.
15. These General Terms and Conditions have been drawn up in both the Dutch and English language. In the event of a dispute regarding the content or intent of these General Terms and Conditions, the Dutch version shall be binding.
2. These General Terms and Conditions shall apply to all work assigned by clients of G&A to G&A, to the (managing) director(s) of G&A, and/or to the employee’s of G&A.
3. All work is deemed to be assigned to and accepted by G&A. Notwithstanding Articles 7:404, 7:407 paragraph 2 and 7:409 of the Civil Code of St. Maarten, the (managing) director(s), the associates of G&A, as well as persons (otherwise) employed at G&A shall not be obliged to perform such work personally, nor shall they be personally held liable with respect to such work. The assignment of work shall not terminate as a result of the death of the above, even if the work had been assigned to a particular individual.
4. Professional fees payable by the Client shall be calculated on the basis of the number of hours worked multiplied by the applicable hourly rate as established for a particular lawyer by Gibson & Associates. Gibson & Associates reserves the right to change the hourly rate for the various lawyers as well as the percentage of the surcharge for administrative costs and – if changes in the Law admits- the turn over taxes from time to time at its full discretion.
5. Payments shall be made without any restriction in U.S. or ANG currency at the offices of Gibson & Associates either by cash or (certified) check or by wire transfer into a bank account designated by Gibson & Associates, within 14 days of the date of the invoice.
6. If the Client does not object explicitly to the invoice within a period of 14 days as mentioned above, the invoice will be considered approved by Client.
7. In the event that Client has not paid the invoice he \ she shall automatically be in default, without any further notice of default being required. In case Client fails to pay one or more invoices, Gibson & Associates has the right to discontinue or suspend any and all activities for the Client at once and until the outstanding invoice(s) have been settled in full.
8. All unpaid invoices are subject to interest of 1% per month and reasonable collection fees, including but not limited to reasonable attorney fees.
9. G&A shall exercise due care in the instruction of third parties. G&A is in no way liable for any faults on the part of such third parties.
10. Any liability on the part of G&A is limited to the amount that is, in that particular case, paid out under G&A’s malpractice insurance policies.
11. The client’s instructions are carried out exclusively for the benefit of the client. Third parties shall not be entitled to invoke any rights as a result of the work carried out for the client.
12. Any and all claims and/or rights against G&A shall expire and are therefore not enforceable after a period of one (1) year consequent the moment in which the party involved becomes or could have become aware of the existence of such claim(s) and/or right(s).
13. These General Terms and Conditions are also stipulated – without prejudice to Articles 2 and 3 above – on behalf of any and all third parties engaged in carrying out or performing of the work assigned, as well as on behalf of persons that are or have been employed and/or parties that are or were retained by G&A.
14. The legal relationship between G&A and those who retain its services shall be governed by The Laws of St. Maarten. Any disputes arising out of this relationship shall be resolved by the Court in First Instance on Sint Maarten.
15. These General Terms and Conditions have been drawn up in both the Dutch and English language. In the event of a dispute regarding the content or intent of these General Terms and Conditions, the Dutch version shall be binding.