General Terms and Conditions
Fox & Associates Law Firm established on Sint Maarten, is organized in a limited liability company; its object is to practice law in the broadest sense.
Assignments and work by third parties;
All assignments and all works and services commissioned by Client are deemed to have been exclusively given to and accepted by Fox & Associates and shall be deemed to be handled, carried out and/or executed by Fox & Associates exclusively. The partners, their managing directors, as well as the persons employed by the partnership are not severally bound nor liable.
These General Terms & Conditions shall be applicable to any and all offers and agreements under which Fox & Associates offers or supplies services. Deviations from these General Terms & Conditions shall only be valid, if they have been agreed on explicitly and in writing.
In the framework of executing the assignments Fox & Associates is authorized to engage third parties in case such services are needed and/or required in the interest of the case or matter or upon request of the Client. By the selection of third party services providers, the utmost care and due prudence will be observed.
Fox & Associates has the right to accept any limitations of liability (on behalf of the Client) stipulated by third party service providers;
Limitation and exclusion of liability;
Any and all liability of Fox & Associates shall be limited to the amount of USD 25,000 per case representation;
Each and any liability for errors and omissions committed by third parties as mentioned is excluded; Fox & Associates shall not be liable for any failure, fault or shortcomings of such service providers.
Any and all rights of action and other rights or powers on whatever account towards Fox & Associates in connection with services rendered by itself, shall become null and void and shall be considered to be waived, in any case after the expiration of 10 months after the moment at which the person or party concerned became familiar with, or could have been familiar in reason with, the existence of these rights of action or other rights or powers.
Fees, expenses and payments;
Unless otherwise agreed upon, 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 Fox & Associates.
Fox & Associates reserves the right to change the hourly rate for the various lawyers as well as the percentage of the surcharge for administrative costs from time to time at its full discretion.
Fox & Associates has the right to apply a factor in casework and services are necessary and have to be rendered in the weekend and/or in the evening and/or on official holidays or in case the application of a factor is justified based on the monetary value of the claim or matter.
Out of pocket expenses made and paid by Fox & Associates in connection with the engagement, such as court administration fees, bailiff fees, costs of external experts, and travel expenses, will be billed separately.
In case a fixed price is agreed for rendering certain services, and the rendering of the services leads to extra work and performances that cannot be deemed in reason to be included in the fixed price, Fox & Associates timely informs the Client about the financial consequences of this extra work or performances.
Payments shall be made without deduction or compensation in U.S. Euro or ANG currency at the offices of Fox & Associates either by cash or (certified) check or by wire transfer into a bank account designated by Fox & Associates, within 15 days of the date of the invoice.
If the Client does not object explicitly and in writing to the invoice within a period of two (2) weeks after he/she can be deemed to have received the invoice, the invoice will be considered approved by Client.
In the event that Client has not paid the invoice sent to him on the due date at the latest, 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, Fox & 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.
Fox & Associates is authorized to set off monies received on behalf of the Client against outstanding fees, disbursements and outstanding invoices.
Notwithstanding all other rights of Fox & Associates, all unpaid invoices are subject to interest of 1,5 % per month and reasonable collection fees, including but not limited to reasonable attorney fees. Part of the month will be regarded as a whole month.
All collection costs of Fox & Associates made with regards to the enforcement of payment of outstanding invoices, including out of court collection costs ex art. 6: 96 sub 2c BWNA will be for the account of the Client. Parties hereby agree that these costs amount to at least 15% of the outstanding (principal) amounts. Fox & Associates reserves the right to claim more than 15% if the real collection costs are higher.
Deposits and advance payments made by the client are non-refundable if the client voluntarily chooses not to continue with an assignment.
Fox & Associates will ensure that trust funds from third parties are deposited on a separate bank account in the name of StichtingDerdengelden Fox & Associates. The rightful claimant(s) to these funds shall not be entitled to interest payments and any costs connected with the payment of these funds to the rightful claimant(s) will be borne by this/these claimant(s).
If a Client is the rightful claimant of any trust funds as mentioned above and if an amount in trust is due and claimable, Fox & Associates does have the right to offset the amount payable against any and all outstanding amounts of this Client.
Applicable Law and Competent Authority
The legal relationship between Fox & Associates and the Client shall be governed only and exclusively by the law of Sint Maarten. Disputes shall only be submitted to and decided exclusively by the Court of First Instance, seat Sint Maarten.
These General Terms & Conditions have been filled at the Registry of the Court of First Instance at Sint Maarten, and are available at the offices of Fox & Associates upon request and can be viewed at our website.