Cor Merx Legal Services (CMLS) is a public company with limited liability (“naamloze vennootschap”) incorporated under the laws of the Netherlands Antilles.

1. Applicability

These General Terms and Conditions apply to all work assigned by clients of CMLS to CMLS, to the (managing) director(s) of CMLS, and/or to the employees of CMLS.

2. Assignment of Work

All work is deemed to be assigned to and accepted by CMLS. Notwithstanding Articles 7:404, 7:407 paragraph 2 and 7:409 of the Civil Code of the Netherlands Antilles:

• The (managing) director(s), associates, and employees of CMLS are not obliged to perform such work personally.
• They shall not be held personally liable with respect to such work.
• The assignment shall not terminate upon death of any individual involved, even if the work had been assigned to a specific person.

3. Fees and Rates

Professional fees payable by the Client are calculated based on:

• The number of hours worked, multiplied by
• The applicable hourly rate as determined by Cor Merx Legal Services.

CMLS reserves the right to change:

• Hourly rates
• Administrative surcharges
• Turnover taxes (if permitted by law)

4. Payment Terms

Payments must be made without restriction in U.S. or ANG currency at the offices of CMLS by:

• Cash
• (Certified) check
• Wire transfer to a designated bank account

Payment is due within 14 days of the invoice date.

If the Client does not object within 14 days, the invoice is deemed approved.

If payment is not made:

• The Client is automatically in default without further notice.
• CMLS may suspend or discontinue services until full payment is received.
• Interest of 1% per month applies to unpaid invoices.
• Reasonable collection costs, including attorney fees, will be charged.

5. Third Parties

CMLS shall exercise due care when engaging third parties but is not liable for any faults committed by such third parties.

6. Limitation of Liability

Any liability of CMLS is limited to the amount paid out under its malpractice insurance policies in the relevant case.

7. Client Relationship

All work is carried out exclusively for the benefit of the client. Third parties cannot derive any rights from such work.

8. Limitation Period

All claims and/or rights against CMLS expire after one (1) year from the moment the claimant becomes aware or could reasonably have become aware of such claim.

9. Third-Party Protection

These terms also apply to:

• Third parties engaged by CMLS
• Persons employed or previously employed by CMLS
• Parties retained by CMLS

10. Advance Payments

CMLS may require an advance payment or collateral before starting or continuing work. The amount depends on:

• The importance of the matter (e.g. court fees)
• The complexity of the case (lawyer fees)

11. File Handling

Upon completion of work:

• Documents will be returned after all outstanding invoices are paid.
• Remaining file materials will be archived and destroyed after 5 years.

12. Use of Case Information

CMLS may use client matters for:

• Publicity purposes
• Study purposes

This will always be done with due regard to client privacy. This may include publication (in whole or in part) on the CMLS website.

13. Representation

CMLS may arrange substitute representation in court where necessary.

14. Recordings

CMLS may record conversations conducted by its personnel on sound carriers.

15. Governing Law and Jurisdiction

The legal relationship between CMLS and its clients is governed by the laws of the Netherlands Antilles.

Any disputes shall be resolved by the Court in First Instance on Sint Maarten.

16. Language

These General Terms and Conditions are drafted in both Dutch and English. In case of discrepancies, the Dutch version prevails.