Naarendorp Advocaten N.V. is located at Cornelis Jong Bawstraat 17 in Paramaribo and is registered in the trade register under number 78481.
These terms and conditions apply to all assignments to Naarendorp Advocaten N.V. (Naarendorp Advocaten), unless prior to the agreement explicitly in writing agreed otherwise.
These terms and conditions have been made public on the website of Naarendorp Advocaten (www.naarendorp.com) and filed with at the Registry of the Court under A.R. no. (yet to be filled out). In the event of a change to these terms and conditions, the changed terms and conditions will apply to all new assignments from the day of their publication on the website of Naarendorp Advocaten.
Assignments
All assignments given to Naarendorp Advocaten are exclusively accepted and deemed to have been carried out by Naarendorp Advocaten. Only Naarendorp Advocaten is liable for the execution of the assignments it has accepted, with due observance of the liability limitations applicable to these assignments under these terms and conditions. This also applies if it is the express or implied intention of the client that the assignment is carried out by a specific person. Naarendorp Advocaten is therefore not obliged to have an assignment carried out by a specific person or under his responsibility.
Surinamese law will apply to all assignments given to Naarendorp Advocaten.
Assignments given to Naarendorp Advocaten never serve to advice on foreign law.
By providing its assignment the client authorizes Naarendorp Advocaten to engage third parties on behalf of the client in the context of the execution of assignments. This under the understanding that in the case of the selection of the bailiff there will in principle not be any consultation with the client about this. By providing its assignment the client authorizes Naarendorp Advocaten to accept liability limitations from such third parties on behalf of or at the expense of the client.
The client indemnifies Naarendorp Advocaten against all claims from third parties and the costs to be incurred by Naarendorp Advocaten in connection therewith, if these are in any way related to the work performed for the client.
Assignments are solely carried out for the benefit of the client. Third parties cannot derive any rights from their content. If the client informs third parties of the results of work performed by Naarendorp Advocaten, he is obliged to inform these third parties in writing of the above mentioned reservation. Furthermore, nobody can derive rights from any publication by Naarendorp Advocaten on its website or any other source of information.
Naarendorp Advocaten processes personal client data in its administration.
Naarendorp Advocaten strictly adheres to its confidentiality obligations. However, in cases where the services it provides are not related to the determination of the client’s legal position, legal representation, giving advice before, during and after legal proceedings, or giving advice on the institution or avoid legal proceedings, pursuant to the Unusual Transactions Reporting Act (Wet Melding Ongebruikelijke Transacties) (as last amended by, S.B. 2016 no. 33) and the Service Providers Identification Act (Wet Identificatieplicht Dienstverleners) (as last amended by, S.B. 2016 no. 32) Naarendorp Advocaten is required to verify the identity of the client and to report unusual transactions related the provided services (transactions that indicate money laundering, financing of terrorism, insider trading and market manipulation) to the Financial Intelligence Unit Suriname. The fulfillment of the aforementioned obligations can never be regarded as a violation of any professional or contractual confidentiality obligation imposed on Naarendorp Advocaten.
Payment and collection
The rates of lawyers and consultants working for Naarendorp Advocaten depend on the level of their knowledge and experience. The rates do not include turnovertax, 7% office costs and the costs for third parties to be engaged (for example the costs of the bailiff). Naarendorp Advocaten is entitled to periodically change its rates.
If two or more (legal) persons have given an assignment to Naarendorp Advocaten together, they are jointly and severally liable for the payment of the invoices. If the client designates a third party to pay the invoices, the client, in addition to that third party, remains jointly and severally liable for this.
The invoices to be sent by Naarendorp Advocaten must be paid within 30 days. Failing to pay the invoice on time will be an act of default. In the event of default no further notice of default is required and a default interest of 1% per month will be due.
If Naarendorp Advocaten takes collection measures against the client due to its default, the client is obliged to pay Naarendorp Advocaten all judicial and extrajudicial collection costs, including the attorney’s costs incurred for this purpose and with a minimum reimbursement of SRD 1,500,-.
Naarendorp Advocaten is at all times entitled to request advances for its work and costs to be incurred. These are settled at the end of or during the assignment.
The client is not entitled to suspend or settle the payment of the invoices.
Liability and forfeiture
The liability of Naarendorp Advocaten is always limited to the amount that will be paid out under the professional liability insurance, plus the deductible that according to the insurance policy conditions will be borne by Naarendorp Advocaten. The professional liability insurances has limitations in coverage, among other things with regard to the amount of the claims and the number of claims per year. If no payment is made under the aforementioned insurance or in the absence of a professional liability insurance, for any reason whatsoever, the liability of Naarendorp Advocaten is limited to the fee charged by and payed to Naarendorp Advocaten in connection with the relevant case, in the twelve months prior to the moment at which the event giving rise to liability took place and up to a maximum amount of SRD 100.000,-.
Naarendorp Advocaten can never be held liable by the client for shortcomings of third parties or for the malfunctioning of the equipment, software, data files, registers or other tools used by Naarendorp Advocaten in connection with the assignment.
All claim rights and other powers, including any claim for damages, from the client against Naarendorp Advocaten in connection with the work performed, shall lapse as soon as a period of one year has elapsed after the day on which the client became aware or could reasonably have been aware of the existence of those rights or powers.
Pursuant to Article 1 none of the persons (formerly) associated with Naarendorp Advocaten (lawyers, consultants, employees, clerks, directors, partners and shareholders) and the legal successors of these persons is a joint contractor. They can therefore never be held liable by the client, unless they have exhibit an unlawful intent or deliberate recklessness. In the exceptional case of an unlawful intent or deliberate recklessness, the forfeiture clause contained in Article 4.3 applies without prejudice and directly to the benefit of these persons. The indemnities contained in articles 2.5 and 4.2 also apply without prejudice and directly to these persons. In addition, the liability limitation and exclusions, forfeiture and indemnities clauses contained in these terms and conditions also apply to all non-contractual claims of the client against Naarendorp Advocaten, to the extent that they are related to the execution of an assignment.
Disputes
Next to these terms and conditions the office complaints procedure is applicable to the services of Naarendorp Advocaten.
If a dispute after treatment in accordance with the office complaints procedure is not resolved, it can be submitted to the Dean of the Surinamese Bar Association in accordance with the Lawyers Act (Advocatenwet) (S.B. 2004 no. 42) and handled in accordance with Chapter 8 of the aforementioned law.
Naarendorp Advocaten also has the right to address the Judge in the First District (“Kantonrechter in het Eerste Kanton”), for the purpose of collecting the invoices due to it.
The legal relationship to which these terms and conditions apply is governed by Surinamese law.
These terms and conditions have been drawn up in Dutch and English. The Dutch text is leading and binding.
October 2019
Complaints procedure
Definitions
In this complaints procedure, the following definitions apply:
Complaint: any written expression of dissatisfaction on the part of or on behalf of the client towards the lawyer regarding the realization and execution of an assignment, the quality of the service or the amount of the invoice, after an unsatisfactory discussion about this with the attending lawyer.
Complaints officer: the lawyer who is charged with handling the complaint (Edward Naarendorp, LLM, director and partner).
Complainant: the client or his representative who makes a complaint known.
Application range
On the basis of Article 5.1 of the general terms and conditions of Naarendorp Advocaten, this complaints procedure applies to every assignment with regard to the legal services between Naarendorp Advocaten and the client.
Every lawyer at Naarendorp Advocaten is responsible for handling complaints in accordance with the complaints procedure.
The complaints procedure also applies to trainee-lawyers working under the responsibility of a lawyer.
Objectives
The purpose of this complaints procedure is:
the establishment of a procedure to deal with complaints from clients in a constructive manner;
maintaining and improving existing relationships through proper complaint handling;
to maintain a high quality of service.
Information at the start of the service
This complaints procedure has been made public on the website of Naarendorp Advocaten (naarendorp.com).
Complaints as referred to in article 1.1 of this complaints procedure that have not been resolved after this complaints procedure has come to a close, in accordance with the Lawyers Act (SB 2004 no. 42) can be submitted to the Dean of the Surinamese Bar Association and be treated in accordance with chapter 8 of the aforementioned law.
On the basis of article 5.3 of its general terms and conditions and for the purpose of collecting the invoices due to it, Naarendorp Advocaten still has the right to address the Judge in the First District.
Complaints procedure
The Complaint of the client or his representative will be forwarded to the lawyer of Naarendorp Advocaten who is charged with the implementation of this complaints procedure and who therefore acts as the Complaints Officer.
To be able to assess the Complaint as quickly as possible, the Complainant must provide the following information when submitting the complaint:
Name, e-mail address and telephone number;
Name of the file at Naarendorp Advocaten;
Date on which the Complainant sends the Complaint;
Clear description of the Complaint;
Copies of documents that clarify the Complaint.
The Complaints Officer informs the person who is the subject of the complaint about the submitted Complaint and gives the Complainant and the person who is the subject of the complaint the opportunity to explain the Complaint.
The person who is the subject of the complaint attempts to find a solution together with the Complainant, whether or not after the Complaints Officer intervenes.
The Complaints Officer will handle the complaint with due urgency.
The Complaints Officer informs the Complainant of the opinion on whether or not the complaint is justified. This can be accompanied by recommendations.
If the complaint has been settled to the satisfaction of the complainant, the complainant, the complaints officer and the person who is the subject of the complaint will state that in writing and sign that writing for approval.
Confidentiality and free complaint handling The Complainant does not owe any reimbursement for the costs of handling the Complaint by the Complaints Officer.
Responsibilities and complaint registration
The person who is the subject of the complaint will keep the Complaints Officer informed about any contact and a possible solution.
The Complaints Officer makes recommendations to prevent new complaints and to improve procedures.
