Article 1
True Lawyers is a public partnership whose purpose is the practice of law, consisting of private limited companies (“the Partners”). A list of the Partners will be provided upon request. The public partnership is established in Curaçao and registered with the Curaçao Chamber of Commerce under registration number 150430.
The provisions of these general terms and conditions are made for the benefit of the Partners as well as the public partnership True Lawyers, and also for all other persons who work or have worked for the Partners and/or True Lawyers at the time the services are performed. Wherever True Lawyers is mentioned, this refers to the public partnership as well as the Partners participating therein.

Article 2
These general terms and conditions apply to all assignments granted by clients, also referred to as “the Client(s)”, to True Lawyers and/or the Partners, hereinafter jointly referred to as “True Lawyers”.
True Lawyers is entitled to amend the general terms and conditions. The amended terms and conditions shall be deemed accepted if the Client does not demonstrably object to them within 7 days after the amended terms and conditions have been sent to them. The amended general terms and conditions apply to new assignments for the performance of services as well as to ongoing agreements.

Article 3
All services shall be performed — with the right of substitution — by True Lawyers or the Partners with whom the Client(s) have entered into an agreement.

Article 4
In performing the agreed services, True Lawyers shall, as far as possible, observe the care of a diligent service provider. The assignment to True Lawyers shall at all times constitute an obligation of best efforts and never an obligation to achieve a result.

Article 5
Any liability of True Lawyers is limited to the amount paid out under the professional liability insurance taken out. If and insofar as, for whatever reason, no payment is made under the liability insurance, liability shall be limited to the maximum amount of the invoice(s) relating to the relevant matter.

Article 6
Within the framework of the execution of assignments, True Lawyers is entitled to engage third parties, exercising the utmost care in their selection. Where possible, the choice of third parties to be engaged by True Lawyers shall be made in consultation with the Client. Any liability for shortcomings of these third parties is excluded.

Article 7
True Lawyers shall ensure that third-party funds received by it are deposited into a business bank account in the name of True Lawyers or its Partners. No interest shall be paid to the entitled party on these funds, while True Lawyers and the Partners reserve the right to offset funds held on behalf of the Client against outstanding invoice(s).

Article 8
Unless otherwise agreed in writing, the fee shall be determined on the basis of the time worked, multiplied by the applicable hourly rates as determined by True Lawyers from time to time. Invoicing of services shall take place at least monthly. True Lawyers shall pass on to the Client any costs not included in its rates, such as (but not limited to) courier costs, translation costs, bailiff costs, travel expenses, court registry fees, stamp duties, office expenses and, in general, costs of third parties engaged in consultation with the Client.
True Lawyers is entitled to charge the Client an advance payment. Only after receipt of the advance payment shall True Lawyers commence its services. This advance payment shall be set off against the first subsequent invoice relating to the services for which the advance payment was made. The fee is exclusive of office expenses to be charged and turnover tax.

Article 9
As a rule, True Lawyers sends an invoice for its services once per month. Invoices must be paid within fifteen (15) days of the invoice date, failing which the Client shall be in default by operation of law. The services may be suspended by True Lawyers and default interest of one (1) % per month may be charged. All extrajudicial and judicial costs related to the collection of invoices, with a minimum of 10% of the principal amount, shall be borne by the Client. Invoices shall be sent digitally unless otherwise agreed.

Article 10
True Lawyers is entitled to charge the Client fees increased by 6% office expenses to cover postage, telephone, fax, computer, copying, materials and other office costs incurred. This does not affect True Lawyers’ right to charge the Client a one-off fixed amount for the creation of a file. All invoiced amounts are exclusive of applicable government taxes and/or levies.

Article 11
Where applicable, True Lawyers may agree on a fixed fee or another form of remuneration. Such remuneration depends on the substance of the case, the claims or defences arising therefrom, and the (legal) measures to be taken. If, after such remuneration has been determined, the nature or scope of the (legal) measures to be taken changes due to changed circumstances or wishes of the Client, True Lawyers reserves the right to adjust the fee arrangements accordingly.
If a fixed fee or other form of remuneration applies instead of or in addition to an hourly fee, no refund shall be made if the (legal) measures to be taken do not take place within twelve months after the remuneration has been agreed and paid, for any reason attributable to the Client, or if the Client decides to discontinue or suspend the agreed services or legal measures prematurely. No interest shall ever be paid on such remuneration.
The services shall commence after the fixed fee or other fixed remuneration has been received by True Lawyers.

Article 12
With due regard to the Client’s privacy, True Lawyers is free, without prior consultation, to cooperate in publicity relating to a case where this is appropriate in the context of representing the Client’s interests. This freedom also exists after a case has been concluded, provided that such cooperation takes place, as far as possible, in consultation with the Client. Where cooperation with publicity is not part of representing the Client’s interests, True Lawyers is free to do so provided that the Client’s interests are not harmed.

Article 13
By granting an assignment to True Lawyers, the Client agrees that communication in connection with the execution of the assignment may take place by electronic mail (email) and that the execution of the assignment may also take place by means of electronic data communication. The Client indemnifies True Lawyers against any claims relating to communication by email and electronic data communication.

Article 14
Pursuant to the National Ordinance on Identification in Financial Services, True Lawyers is — depending on the services provided — obliged to establish the identity of a Client and the ultimate beneficial owner, if any, prior to providing the services. This legal obligation requires True Lawyers to identify the Client(s) by requesting and retaining a number of documents supporting such identity. If the information is not provided, True Lawyers cannot proceed with the provision of services.

Article 15
True Lawyers may use multiple translations of these general terms and conditions. In the event of discrepancies between those translations and the present text of the general terms and conditions, the Dutch text shall be binding.

Article 16
Each party may terminate the agreement by notice, if desired, with immediate effect. The Client is obliged to pay the remuneration for the services performed up to the moment of termination, as well as for services and costs incurred after termination that reasonably must be borne by the Client.

Article 17
The legal relationship between True Lawyers and the Client shall be governed exclusively by the laws of Curaçao, to the exclusion of any other law. Disputes shall only be submitted to the Court of First Instance of Curaçao, or to the authority designated in due course as its legal successor, unless True Lawyers, for its own reasons, wishes to submit the dispute to another forum.

Filed with the Registry of the Court of First Instance of Curaçao on October 28, 2019.