1. Applicability
- OX & WOLF legal partners B.V., established in Curaçao and registered in the Commercial Register of the Curaçao Chamber of Commerce & Industry under number 136748 is the trade name for a costs partnership consisting of the following private legal entities (the “Entity” or “Entities”):
- OX & WOLF Altena B.V., established in Curaçao and registered in the Commercial Register of the Curaçao Chamber of Commerce & Industry under number 136750;
- C-VIEW B.V., doing business under the name OX & WOLF Jaensch, established in Curaçao and registered in the Commercial Register of the Curaçao Chamber of Commerce & Industry under number 118529;
- OX & WOLF Keizer B.V., established in Curaçao and registered in the Commercial Register of the Curaçao Chamber of Commerce & Industry under number 136752;
- OX & WOLF Princée B.V., established in Curaçao and registered in the Commercial Register of the Curaçao Chamber of Commerce & Industry under number 136749;
- OX & WOLF Francisco B.V., established in Curaçao and registered in the Commercial Register of the Curaçao Chamber of Commerce & Industry under number 143681;
- Hammouds Legal Practice B.V., doing business under the name OX & WOLF Hammoud, established in Curaçao and registered in the Commercial Register of the Curaçao Chamber of Commerce & Industry under number 135551;
- Van den Brink Praktijk N.V., doing business under the name OX & WOLF Van den Brink, established in Bonaire and registered in the Commercial Register of the Bonaire Chamber of Commerce & Industry under number 11947.
- Where reference is made to OX & WOLF in these GeneralTerms and Conditions, it refers to the Entity with which a party (“client”) has entered into an agreement. All work and services (to be) provided by OX & WOLF, shall be accepted and carried out exclusively by the Entity, with whom the client has entered into an agreement, save for possible use of services of third parties by OX & WOLF as described in article 6 of these General Terms and
- These General Terms and Conditions apply to (i) all services that OX & WOLF and its partners and employees have been requested to provide (opdrachten), including any subsequent, amended or additional requested services and (ii) to any legal relationship (rechtsbetrekking) that arises as a result thereof or in connection therewith.
- Any instruction provided to OX & WOLF by a client is provided to one of the Entities and not to any individual person associated with OX & WOLF as a partner (“Partner”) or otherwise (such as employees, advisors, subsidiaries and/or shareholders of OX & WOLF). This includes any request from a client for services to be performed by a specific person associated with OX & WOLF. The application of sections 7:404, 7:407 (2) and 7:409 of the Curaçao Civil Code, the Aruba Civil Code, the St. Maarten Civil Code or the Civil Code BES (Burgerlijk Wetboek), whichever is applicable, is excluded.
- The provisions in these General Terms and Conditions also apply for the benefit of all Partners, the Stichting Derdengelden OX & WOLF, including its directors, and all other legal or natural persons working for OX & WOLF or legal or natural persons who have been working for OX & WOLF, as well as for the benefit of all persons for whose acts or omissions OX & WOLF might be held liable (all such other legal or natural persons are hereinafter referred to as “Associates”), as well for the benefit of the possible legal successors of the Partners, the Stichting Derdengelden OX & WOLF, including its directors, and the Associates. The provisions of these General Terms and Conditions represent an irrevocable third-party clause for the benefit of the Partners, the Stichting Derdengelden OX & WOLF, including its directors, and all Associates engaged in carrying out a client’s assignment, including their possible legal successors, so that not only OX & WOLF, but also these third parties will be able to rely on these General Terms and Conditions.
- Services are provided exclusively for the benefit of the client who requested them. Unless OX & WOLF expressly consents in writing, no one other than the client may rely on or has any rights in connection with the results of such services or the manner of implementation thereof.
- OX & WOLF’s services are limited to the laws of Aruba, Curaçao, St. Maarten and of Bonaire, Saba and St. Eustatius.
2. Scope of Services
- OX & WOLF’s services are limited to the specific assignment agreed upon with the client. OX & WOLF is under no obligation to advise on matters falling outside the scope of that assignment, nor to monitor subsequent changes in legislation, regulations or case law following completion of the assignment. All advice, opinions and other work product delivered by OX & WOLF are intended solely for the use of the client and for the specific purpose for which they were provided. They may not be relied upon for any other purpose, nor disclosed to or relied upon by any third party, without OX & WOLF’s prior written consent.
- OX & WOLF reserves the right to refuse or terminate services if, in its sole discretion, accepting or continuing an assignment would expose OX & WOLF to reputational risk, conflict with applicable sanctions regulations, anti-money laundering requirements, or any other compliance obligation. In such cases, OX & WOLF shall not be liable for any damages resulting from such refusal or termination.
3. Fees and disbursements
- OX & WOLF charges fees, disbursements (verschotten) and other out of pocket expenses. Disbursements are costs specifically incurred by OX & WOLF for the benefit of the client (such as, for example, court fees and costs for courier services). All amounts charged are exclusive of any taxes unless stated otherwise.
- Unless explicitly agreed otherwise in writing between OX & WOLF and a client, the fees to be paid by the client are calculated on the basis of the time spent and the hourly rate applicable to the work in question.
- OX & WOLF is entitled to adjust the applicable hourly rates and other pricing structures periodically.
4. Deposit
- OX & WOLF’s standard office policy is to ask a client to pay a deposit to cover initial fees and expenses before carrying out its services to a client and an interim deposit before continuing to carry out the services.
- Upon completion of the services of OX & WOLF, any deposit of a client will be set off against the remaining outstanding invoice(s).
5. Payment
- Fees and disbursements are, unless otherwise agreed upon in writing, billed on a monthly basis.
- All invoices sent by OX & WOLF must be paid within fourteen (14) days from the date of the invoice. If the client does not object to an invoice sent within a period of two (2) weeks from the date of such invoice, the invoice will be considered approved by the client.
- If payment of an invoice is overdue OX & WOLF (i) will charge interest at a rate of 10% per annum or, at its discretion, statutory interest, (ii) shall be entitled to 15% extrajudicial collection charges on any overdue amounts and (iii) shall be entitled to suspend its services, after having notified the client of its intention to do so, until full payment of the outstanding amount is received. OX & WOLF shall not be liable for any damage(s) arising from this suspension of its services.
- Without prejudice to article 5.3., in case OX & WOLF takes measures to collect unpaid invoices from the client (judicial, extrajudicial or budgetary procedures), it is entitled to the full collection of charges (incassokosten) involved with such measures.
- OX & WOLF is authorized to set off monies received on behalf of the client, including any monies received on behalf of the client in an account of the Stichting Derdengelden OX & WOLF, against outstanding invoices.
6. Liability
- Only OX & WOLF can be held liable by the client for the payment of damages in connection with or resulting from the carrying out of an assignment. An assignment given to OX & WOLF includes a waiver of the right, in as far as legally possible, to (i) hold liable the Partners, the Stichting Derdengelden OX & WOLF, including its directors, and/or the Associates, including their possible legal successors, on any ground, for the payment of damages in connection with or resulting from the carrying out of an assignment, as well as (ii) take any legal action against the Partners, the Stichting Derdengelden OX & WOLF, including its directors, and/or the Associates, including their possible legal successors, including, without limitation, the levying of an attachment.
- If an event occurs in providing services that could lead to any liability on OX & WOLF’s part, or of its Partners, employees or Associates, the aggregate liability of OX & WOLF arising out of or relating to an assignment will be limited to the amount that is paid out in that specific case under OX & WOLF’s professional liability insurance, increased by the applicable deductible (eigen risico). To the extent that any loss or damage is not covered by any insurance policy, liability shall be limited to the fees charged in the relevant matter during the twelve months preceding the event giving rise to the loss. The limitations set out in this Clause 6.2 shall not apply if and to the extent that the loss or damage is caused by wilful misconduct (opzet) or conscious recklessness (bewuste roekeloosheid) on the part of OX & WOLF.
- OX & WOLF shall not be liable for any indirect, consequential or special damages, including but not limited to loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, damage to reputation or goodwill, even if OX & WOLF has been advised of the possibility of such
- Save in an event of wilfull misconduct (opzet) or conscious recklessness (bewuste roekeloosheid) by OX & WOLF or of the Partners, or Associates, the client shall indemnify and hold OX & WOLF, the Partners and Associates harmless from and against all actions, claims or demands of third parties – including the actual costs to be incurred by OX & WOLF, the Partners and Associates in connection therewith – arising from or relating in any way to the work or services performed by OX & WOLF for the client.
- Without prejudice to the provisions contained in article 89 of Book 6 of the Curaçao Civil Code, Aruba Civil Code, Sint Maarten Civil Code or the Civil Code BES, whichever is applicable, claims for compensation or damages will expire one year after the date on which the client became aware, or could reasonably have become aware of the damage and/or relevant liability
- OX & WOLF stipulates the protection afforded by this clause also for the benefit of its Partners, employees and Associates, each of whom may invoke this clause as a third-party stipulation (derdenbeding).
7. Force Majeure
- OX & WOLF shall not be liable for any failure or delay in the performance of its obligations under any agreement with the client to the extent that such failure or delay is caused by circumstances beyond the reasonable control of OX & WOLF, including but not limited to: (i) cyberattacks, hacking, ransomware or other malicious digital acts directed at OX & WOLF or its infrastructure; (ii) power outages or failures in the electricity supply; (iii) disruptions or failures in telecommunications networks or internet services; (iv) epidemics, pandemics or other public health emergencies declared by competent authorities; or (v) acts, measures or orders of governmental or regulatory authorities, including but not limited to travel bans, lockdowns or mandatory business closures (each a “Force Majeure Event”).
- In the event of a Force Majeure Event, OX & WOLF shall notify the client as soon as reasonably practicable and shall use reasonable efforts to resume performance of the affected obligations. During the continuation of a Force Majeure Event, OX & WOLF’s obligations shall be suspended to the extent they are affected. If the Force Majeure Event continues for a period exceeding sixty (60) days, either party shall be entitled to terminate the relevant assignment by written notice, without any liability on the part of OX & WOLF, provided that the client shall remain liable for all fees and disbursements incurred up to the date of termination.
8. Suspension and Termination of Assignment
- OX & WOLF is entitled to terminate or suspend an assignment with immediate effect by written notice to the client in the event of: (i) non-payment of invoices after the due date, provided that OX & WOLF has given the client written notice of default and a period of five (5) business days to remedy such non-payment, and the client has failed to do so within that period; (ii) an actual or potential conflict of interest; (iii) non-compliance by the client with applicable laws, regulations or OX & WOLF’s compliance requirements, after having been given the opportunity to remedy such non-compliance where reasonably possible; or (iv) a material breach of the agreement by the client, the client’s insolvency, suspension of payments or comparable situation under applicable law, or circumstances in which continuation of the assignment would result in a violation of the professional conduct rules (gedragsregels) applicable to OX & WOLF.
- In the event of a suspension of the assignment, OX & WOLF shall specify the conditions under which its services may be resumed.
- Upon termination, all fees and disbursements incurred up to the date of termination shall become immediately due and payable by the client. OX & WOLF shall not be liable for any damages arising from such termination.
9. Hiring third parties
- OX & WOLF has the right to – on behalf of the client – use the services of third parties, including but not limited to other lawyers, process servers, civil-law notaries, accountants and other experts, in the performance of its services, insofar as such is deemed necessary by OX & WOLF for the proper performance of the services to be provided by OX & WOLF.
- If OX & WOLF uses such services of a third party, OX & WOLF shall not be liable for any failure, fault or shortcoming of such third party. By requesting OX & WOLF to provide services, the client gives OX & WOLF authority to agree, on the client’s behalf, to terms and conditions, including any limitation of liability, stipulated by that third party on behalf of the client.
- OX & WOLF does not assume any duty of care towards third parties engaged on behalf of the client, and shall not be liable for any acts or omissions of such third parties.
10. Clients’ funds
- OX & WOLF shall ensure that funds held for third parties and advances and funds received from third parties on behalf of clients shall be governed by the Stichting Derdengelden OX & WOLF. No interest will be paid out to the persons entitled to such funds, while OX & WOLF is authorized to set off such funds against outstanding invoices of its clients. If funds (other than deposits or advances) of the client are being retained at or passed through one of the bank accounts of the Stichting Derdengelden OX & WOLF, OX & WOLF will be entitled to charge a fee of 5 ‰ (five per thousand) of the total amount which is held for the client with a minimum of USD 10.00 (ten United States Dollars). Any costs charged in connection with the monies retained on behalf of client on one of the bank accounts of the Stichting Derdengelden OX & WOLF, are for the account of the client.
- OX & WOLF hereby excludes any liability, also on behalf of Stichting Derdengelden OX & WOLF, arising from or in any way connected with any failure on the part of any bank to meet its obligations.
11. Client information
- When carrying out the work commissioned to OX & WOLF, OX & WOLF will take appropriate measures to ensure the confidentiality of the client relationship.
- OX & WOLF maintains reasonable technical and organisational measures to protect client information against unauthorised access, loss or disclosure. Notwithstanding the foregoing, OX & WOLF shall not be liable for damages resulting from a cybersecurity incident, data breach or IT failure, unless such damage is the direct result of OX & WOLF’s wilful misconduct or gross negligence. Where OX & WOLF communicates with the client by electronic means, the client acknowledges the inherent security risks of such communication.
- Under applicable legislation, OX & WOLF is obliged to verify the identity of its clients and report unusual transactions to the authorities in certain circumstances.
- The client hereby gives permission for client information available to OX & WOLF to be disclosed to any OX & WOLF legal entity and/or affiliate or to third parties as defined in article 9 of these General Conditions, on condition of confidentiality.
12. File Retention Policy
- OX & WOLF shall retain the client’s file for a period of ten (10) years following the completion or termination of the relevant assignment, unless a longer retention period is required under applicable law or professional conduct rules. Upon expiry of the applicable retention period, OX & WOLF shall be entitled to destroy or permanently delete the file, including all documents, correspondence and data contained therein, without prior notice to the client.
- OX & WOLF retains files primarily in digital form. Physical documents forming part of the file may be digitised and the originals destroyed, unless the client has explicitly requested the retention of physical originals in writing prior to the commencement of the assignment. Original documents belonging to the client shall, upon written request by the client, be returned to the client at the client’s cost.
- During the retention period, OX & WOLF shall exercise reasonable care in storing the file. OX & WOLF shall not be liable for any damages resulting from the loss, corruption or destruction of files after the applicable retention period has expired, or due to circumstances beyond its reasonable control.
13. Applicable law and competent court
- The relationships between the Entities (i) – (vi) as defined in article 1.1 of these General Conditions and their clients are exclusively governed by Curaçao law, with the exception of rules of international private law which may lead to the applicability of the laws of other jurisdictions. The relationships between the Entity (vii) as defined in article 1.1 of these General Conditions and its clients are exclusively governed by the laws of Bonaire, with the exception of rules of international private law which may lead to the applicability of the laws of other jurisdictions.
- Any disputes between the Entities (i) – (vi) as defined in article 1.1 of these General Conditions and their clients shall be submitted to the exclusive jurisdiction of the competent court of Curaçao. Any disputes between the Entity (vii) as defined in article 1.1 of these General Conditions and its clients shall be submitted to the exclusive jurisdiction of the competent court of Bonaire.
14. Miscellaneous
OX & WOLF is authorized to change or amend these General Terms and Conditions. The client will be bound by such changes and/or amendments, as of two weeks after the client has been notified of such amendments in writing.








