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Notary Office SXM / Tjon Ajong & Associates (Still located in the Speetjens Arcade on Front Street )

NOTARY OFFICE SXM
Faride Tjon Ajong
Civil Law Notary

Head Office Philipsburg
(+1-721) 542-2339
Fax (+1-721)542-2439

email: info@notarysxm.com

St.Maarten
Dutch Caribbean

General Terms and Conditions

 1.1.      Tjon Ajong & Associates is the trade name of Integrated Legal Solutions B.V., a professional limited liability corporation having its registered office in Sint Maarten, whose object is to conduct the practice of civil law notary (˝notaris˝).
1.2.      Principal (also to be named ˝client˝ hereinafter) shall be understood to be the natural person or legal entity that gives instructions for services (either) orally, personally, or by telephone, or in writing, by letter, fax, or e-mail or other written form of electronic communication.
1.3.      An assignment shall be understood to be the agreement in the sense of Article 7:400 Civil Code Sint Maarten (CC), by which Tjon Ajong & Associates commits towards the principal to perform certain services. All assignments shall be accepted and performed by Tjon Ajong & Associates, with the exclusion of the effect of Article 7:404 CC and of Article 7:407, paragraph 2, CC. This shall also be applicable if the explicit or tacit intention is that an assignment will be performed by a certain person.

2.         These General Terms and Conditions shall be applicable to any and all assignments third parties as principals (clients) give Tjon Ajong & Associates, and have also been drawn up for:
-           the civil law notary affiliated with Tjon Ajong & Associates, who is (also) charged with performing the assignment, the substitute of aforementioned civil law notary’s office, the junior civil law notary/notaries, the lawyer(s), the other employees, former employees of Tjon Ajong & Associates, and others who are/have been working with, employed by, or affiliated with Tjon Ajong & Associates in any way, and their heirs;
-           Integrated Legal Solutions Escrow Foundation, having its registered office in Sint Maarten, including its Director(s), former Director(s), and their heirs;
-           the shareholder(s), the Managing Director(s), agents of Tjon Ajong & Associates, as well as the former shareholders, former Managing Director(s), former agents of Tjon Ajong & Associates, and their heirs.
Applicability of general terms and conditions of the client shall be explicitly precluded.

3.         Tjon Ajong & Associates is authorized, in connection with providing its services, to cause third parties to perform services. When calling in third parties, Tjon Ajong & Associates shall consult the client as much as possible. Tjon Ajong & Associates shall not be liable for shortcomings of third parties called in in this way. Tjon Ajong & Associates is authorized to accept any liability restrictions of third parties it has called in also on behalf of its client.

4.1       Any liability of Tjon Ajong & Associates shall be limited to the amount or amounts covered by the professional indemnity insurance procured by Tjon Ajong & Associates in the case in question, plus the amount of the deductible which must be borne by Tjon Ajong & Associates under this indemnity insurance. If, when performing an assignment, a situation presents itself in which Tjon Ajong & Associates is not entitled to payment pursuant to the professional indemnity insurance procured, and it is nevertheless established by law that Tjon Ajong & Associates is liable, this liability shall be limited to an amount at the most equivalent to two times the notarial fees charged by Tjon Ajong & Associates for the service in question. Any liability for indirect and/or consequential loss shall be precluded.
4.2.      The liability restriction described in 4.1 shall also apply if Tjon Ajong & Associates is liable for or on account of improper functioning of the equipment, software, data bases, registers, or other objects, none excluded, used by Tjon Ajong & Associates to perform the assignment.
4.3       The liability restriction as described in 4.1 of this Article shall also apply if the civil law notary affiliated with Tjon Ajong & Associates has wrongly refused her/his services and this has caused loss.
4.4.      Any and all rights of action and other rights or powers on whatever account towards Tjon Ajong & Associates in connection with services rendered by Tjon Ajong & Associates, shall become null and void and shall be considered to be waived, in any case after the expiration of one (1) year 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 othe rights of powers.
4.5.      Save in an event of willful default or gross negligence by Tjon Ajong & Associates, the client shall indemnify and hold Tjon Ajong & Associates harmless from and against all actions, claims or demands of third parties –including costs to be incurred by Tjon Ajong & Associates in connection therewith- arising from or relating in any way to the work or services performed by Tjon Ajong & Associates for the client.

5.         If an assignment is given by more than one person, each of them shall be jointly and severally liable for the amounts owed to Tjon Ajong & Associates on account of this assignment. If an assignment is given by a natural person on behalf of a legal entity, this natural person shall also be the principal in his private capacity, if this natural person can be considered to be one of the policy-makers of this legal entity. If the legal entity fails to pay, he shall consequently be personally liable for the invoice, irrespective of whether the invoice is addressed to a legal entity or to client as natural person, whether or not at client’s request.

6.1.      Payment of invoices shall be made, unless agreed otherwise in writing, on the date of the execution of the deed at the latest. Without prejudice to aforementioned provision, and unless agreed otherwise in writing, payment of invoices shall be made within 30 days after the date of the invoice. Setoff or other forms of settlement by the client shall never be permitted without explicit agreement in writing.
6.2.      When aforementioned due date of 30 days is exceeded, the client shall be in default by operation of the law, and client shall owe an interest of 1.5% per month in respect of the outstanding invoice amount as of the moment the due date has passed, while part of a month shall be equivalent to a full month, as well as extrajudicial collection charges pursuant to Article 6:96, paragraph 2, letter c, CC, estimated at 15% of the outstanding invoice amount.
6.3.      Tjon Ajong & Associates is authorized at all times, either when accepting the assignment, or while performing the assignment, to demand from the client an advance payment of the fees, augmented by disbursements and office expenses, while Tjon Ajong & Associates shall have the right to suspend further services if the client does not meet this request. If there is question of an advance payment, this shall be set off against the last invoice on account of the assignment.
6.4.      In the event of continuous assignments, such as winding up an estate, Tjon Ajong & Associates is authorized to make invoices on a monthly basis on account of activities carried out and costs incurred.
6.5.      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, Tjon Ajong & Associates timely informs the client aout the financial consequences of this extra work or performances.
6.6.      Tjon Ajong & Associates has the right to apply a factor in case work 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 matter.
6.7.      Also activities carried out without finally leading to a notarial deed shall fall under the definition of performing an assignment. Tjon Ajong & Associates is authorized to bill the client on account of these activities at the rates customary in the office, unless agreed otherwise in writing and Tjon Ajong & Associates Escrow Foundation is authorized to pay the amount owed to Tjon Ajong & Associates from the funds held in escrow for the client upon demand of Tjon Ajong & Associates.
6.8.      The costs that are made by Tjon Ajong & Associates as a result of the choice of domicile at its office are for the account of the requesting client.

7.1.      A claim against Tjon Ajong & Associates due to payment of money/funds pursuant to a legal act laid down in a deed cannot be assigned or pledged. Tjon Ajong & Associates only pays money/funds to those who act as party to the concerning notarial deed or agreement and/or those who can make a claim to payment pursuant to the legal act laid down in said legal documents.   
7.2.      Tjon Ajong & Associates will ensure that client’s funds held in escrow are deposited on a bank account in the name of an escrow foundation established for that purpose. The rightful claimant to these funds shall  not be entitled to interest payments connected with the holding in escrow of the funds.
7.3.      Tjon Ajong & Associates is authorized to charge escrow fees not exceeding 1.5% per year of the total amount held in escrow, in the event that the funds are held for a period longer than three months as from the date that the funds are received on the concerning escrow account.

8.         By giving the assignment the client declares to agree to these General Terms and Conditions. Taking receipt of a draft deed or other type of instrument drawn up by/on behalf of Tjon Ajong & Associates at the client’s request implies the granting of an assignment, insofar as confirmation of the assignment has not been received from the client or has not been sent by Tjon Ajong & Associates. If Tjon Ajong & Associates receives a contract of sale stating that the deed of transfer shall be executed before the civil law notary, this implies that an order has been given by the seller and buyer to draw up the deed of transfer and perform all work in that respect.

9.         Tjon Ajong & Associates is obliged to keep secret the provided data or information given by or in name of the client towards third parties who are not involved in the execution of the assignment. This obligation does not apply insofar as the civil law notary or Tjon Ajong & Associates as a legal and notarial service provider has a legal and/or professional duty to report and disclose, including the disclosure of unusual transactions, according to national set standards on combating money laundering and the financing of terrorism.

10.       Tjon Ajong & Associates is legally obliged to verify the identity of its clients and its ultimate beneficiary owners, if applicable.

11.       Tjon Ajong & Associates is entitled, without notice, to remove from its archives and destroy files and all documents contained therein, including documents which are owned by the client and/or third parties, when ten calendar years or more have lapsed since the relevant case handled by Tjon Ajong & Associates, has been closed.

12.       The legal relationship these General Terms and Conditions apply to shall be governed by the laws of Sint Maarten. Disputes shall be exclusively resolved by the Court of First Instance of Sint Maarten.

13.       These General Terms and Conditions have been filed at the Office of the Clerk of the Court of First Instance of Sint Maarten and can be inspected at the reception desk of the office of Tjon Ajong & Associates and shall be available at www.notarysxm.com.

Note:
These General Terms and Conditions shall become effective as of May 29, 2014.

For more information telephone:
+1-721 54 22339
+1-721 54 22027
Fax:
+1-721 54 22439
e-mail; info@notarysxm.com

Notary Office SXM

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