Terms and Conditions
The practice is conducted by the corporation “Advocatenpraktijk Ecury & Partners N.V.”, doing business as ” Ecury | Crouch “.
These General Terms and Conditions shall apply to all (additional and continued) assignments given by clients to Ecury | Crouch or the employees of Ecury | Crouch.
All assignments shall be exclusively accepted and performed by Ecury | Crouch. This shall also apply in those cases in which the client’s explicit or tacit intention is that an assignment given to the office is performed by a certain employee of the office. The effect of the provision in Article 7:404 Civil Code, which provision provides for an arrangement for the latter case, and the effect of the provision in Article 7:407, paragraph 2, Civil Code, in which joint and several liability is created for cases in which two or more persons have been given an assignment, shall be precluded.
The liability shall be limited to the amount that the professional indemnity insurance taken out entitles a client to, which in any case cannot exceed the amount that the client has paid to Ecury | Crouch as honorarium for the assignment in question. The content and conditions of this professional indemnity insurance meet the requirements made for this purpose by the Aruba Bar Association.
An assignment given to Ecury | Crouch shall only be performed for the client. Third parties may not derive any rights from the content of the activities performed.
When hiring third parties and selecting third parties, Ecury | Crouch shall observe due care. Ecury | Crouch shall not be liable for the shortcomings of third parties. Ecury | Crouch is authorized by the client to accept limitations of liability, if any, of third parties on behalf of the client of Ecury | Crouch.
The client shall indemnify Ecury | Crouch against any claims of third parties, including the reasonable costs of legal assistance, relating in any way to the activities performed for the client, unless this is the result of gross negligence or intentional misconduct of Ecury | Crouch.
Payment of invoices of Ecury | Crouch shall be made upon receipt of the invoice, without suspension or setoff. When this term of payment has been exceeded, the client shall owe Ecury | Crouch interest based on 1½ % per month accumulated, while part of one month shall be counted as one full month. All (extra) judicial costs related to the collection of invoices of Ecury | Crouch shall be fully for the account of the client, with a minimum charge of 15% in respect of the amount to be collected. The aforementioned 15% is agreed upon subject to article 63b paragraph 2 of the Code of Civil Procedure of Aruba. The judicial costs shall not be limited to the legal costs to be settled, and these costs shall be completely for the account of the client, if they are (for the greater part) the unsuccessful party.
In the event that Ecury | Crouch has looked after the interests of a client at law, and the legal proceedings have led to a (partial) order for the other party to pay the costs, the attorney fees shall accrue to Ecury | Crouch in total and without setoff.
The fee to be agreed on between the client and Ecury | Crouch for the legal protection of the interests of the client in legal proceedings shall, in principle, extend to the time a final judgment is obtained. All activities that have to take place after the judgment has been obtained, inter alias for collection and/or recovery of what the other party has been ordered to pay, if any, shall not be included in the initial fee. With regard to the aforementioned additional activities, additional invoices shall also be made. This is done based either on the hourly rate agreed on, or by deducting 15% from the amount collected by Ecury | Crouch, unless agreed differently with the client in writing.
Ecury | Crouch has the right to change the rate it uses and any other fees agreed upon unilaterally. If the change implies an increase of more than 10%, or if an increase takes place within three months after the assignment between Ecury | Crouch on the one hand and the client on the other hand has been entered into, the client shall have the right to dissolve the agreement. The right to dissolve the agreement shall be forfeited on the 14th day after the date that the first invoice has been sent to the client after the basic hourly rate and/or the other fees agreed on earlier has/have been increased.
Aruba law shall be exclusively applicable to all agreements between Ecury | Crouch and the client.
Disputes shall only be settled by the competent judge in the Court of First Instance of Aruba, where Ecury | Crouch is domiciled. Ecury | Crouch has the right to also apply to the competent judge of the place of residence of the client.
After the assignment has been terminated, the file in question – with the relevant documents – shall be kept for a maximum of five years. After that period of time, Ecury | Crouch shall have the right to fully destroy the file. Upon request of the client, the file can be destroyed – in whole or in part.
It is explicitly understood by a client that prior to performing any and all work for said client, Ecury | Crouch will require a deposit and which deposit will be determined by the attorney handling said client’s case. The required deposit is solely an advance with regards to the attorney fees and any and all court fees, bailiff fees, expertise fees and/or third party fees are to be paid separately and in advance. Once the attorney has performed work which equals the deposit paid by said client, the client will be required to pay an additional deposit each time this is requested by the attorney. Failure to immediately comply with this request will cause undue delay in any work that the attorney has to perform for said client. This failure may even result in the attorney desisting in the case. In the event that this occurs, neither the attorney nor Ecury | Crouch can and may be held liable for any and all (financial) damages that said client may incur. It is agreed that Ecury | Crouch will engage the client’s assignment at an hourly rate of Awg. 470,= including 3,5% sales tax (BBO) and BAZV-tax. In addition, a 10% administration fee will be charged over the total invoice.
Pursuant to the State Ordinance on the Prevention and Combating of Money Laundering and Terrorist Financing (AB 2011 no. 28) Ecury | Crouch is legally bound to perform a complete investigation regarding any and all of its international clientele. As such the following information must be submitted prior to Ecury | Crouch engaging in any assignment: