Welcome to the terms and conditions page of PRP-Consultancy and Projects Curaçao.

In general:
In these terms and conditions, the following definitions are applicable:

Terms and Conditions : the delivery conditions of PRP-Consultancy and Projects Curaçao, abbreviated as PRPC hereafter.

Client : the legal person, over 18 years, who, in connection with the assignment of services, acts towards PRPC and or is negotiating with it for that purpose.

Parties : the client and PRPC.

Performance : the delivery of services in the broadest sense of the word, to which PRPC has committed itself towards the client.

PRPC is a service provider that aims to be a partner in business with companies, governments and nonprofit organizations using third parties by providing advice and information about the relevant projects, by drawing up a service level agreement/document (S.L.A) for an agreed fee. 

Contents:

1. General terms and conditions.
2. User conduct on the website.
3. Failure to comply with the terms and conditions.
4. Other Information.
5. Arbitration agreement.
6. Contact us
7. Terms and conditions Revision History.

1. General terms and conditions.

You acknowledge and agree that you must:
1.1 (a.) provide for your own access to the Internet and pay any service fees associated with such access, and
(b.) provide all equipment necessary for you to make such connection to the Internet, including a PC and router or other access device.
1.2 By using the PRPC.com web site, including any applets, software, and content contained therein, you agree that use of the website is entirely at your own risk.
THE WEBSITE IS PROVIDED “AS IT IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. IN PARTICULAR, INTUIT DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED
TO:
(1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND
(2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT,
(3) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
(4) NEITHER PRPC NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH COUNTRIES, THE RESPECTIVE LIABILITY OF INTUIT, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY THE CURAÇAO LAW.

1.3 To the best of my knowledge, I have provided accurate information to PRPC and have obtained all third-party consents required for my order.
1.4 If I choose to add a product or service to my order subsequent to this initial purchase, these terms of service will apply to that additional product or service purchase as well.
1.5 By your engagement, a date and time will be set for both parties to communicate.
1.6 To use PRPC services, I must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the Internet, including a PC and Internet access. I understand that PRPC is not responsible for delays, delivery failures, or other damage resulting from such problems.
1.7 PRPC shall not be considered in breach of or default under these terms of service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, tsunami, pandemic, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, pandemic, whether foreseen or unforeseen (each a “Force Majeure Event”). If a force majeure event continues for more than 60 days in the aggregate, PRPC may immediately terminate these terms of service and shall have no liability to me for or as a result of any such termination.
1.8 I acknowledge that PRPC reserves the right to refuse service to anyone.
1.9 I understand that these terms affect my legal rights and obligations. If I do not agree to be bound by all of these terms, I will not use this service. By proceeding with my engagement, I agree to these terms of service.

2. User conduct on the site.

2.1 While using the website, you may not: restrict or inhibit any other user from using

and enjoying the website; or post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the Curaçao export control laws and regulations; or post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by PRPC) or engage in spamming or flooding; or post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the website for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
2.2 Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the website which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or derivative works with respect thereto, as the website is copyrighted as a collective work under Curaçao copyright laws.
2.3 PRPC has no obligation to monitor the website. However, you acknowledge and agree that PRPC has the right to monitor the website electronically on a regular basis and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the website properly, or to protect itself or its clients. PRPC will not intentionally monitor or disclose any private electronic-mail message unless required by law. PRPC reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these terms of service.
2.4 Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this website, including data, questions, comments or suggestions (“your communications”) will be treated as non-confidential and nonproprietary. In addition, PRPC is free to use any ideas, concepts, know-how or techniques contained in your communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.

3. Failure to comply with terms and conditions and termination.

3.1 You acknowledge and agree that PRPC may terminate your engagement with the website or deny you access to all or parts of the website without prior notice if you engage in any conduct or activities that PRPC in its sole discretion believes violate any of the terms and conditions, violate the rights of PRPC or is otherwise inappropriate for continued access.
3.2 You acknowledge and agree that PRPC may in its sole discretion deny you access through PRPC to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through PRPC, and PRPC shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
3.3 You agree to defend, indemnify and hold PRPC and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the website or the placement or transmission of any message, information, software or other materials through the website by you or users of your account or related to any violation of these terms of service by you or users of your account.
3.4 Links from and to this website. You acknowledge and agree that PRPC and any of its website co-branding providers have no responsibility for the accuracy or availability of information provided by linked websites. Links to external websites do not constitute an endorsement by PRPC or its website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such websites.
3.5 Information in the many web pages that are linked to PRPC’s website comes from a variety of sources. Some of this information comes from official PRPC licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to PRPC. PRPC does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that PRPC and its website co-branding providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external websites.

4. Other Information.

4.1 PRPC is taking appropriate and reasonable measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted. If you wish to make purchases through the website, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold PRPC liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through the website. You agree that all information you provide any merchant or information or service provider through the website for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the website set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users and use your credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases or services through the website.
4.2 The terms of service and the relationship between you and PRPC shall be governed by the laws of Curaçao without regard to its conflict of law provisions. You and PRPC agree to submit to the personal and exclusive jurisdiction of the courts located within Curaçao.
4.3 The failure of PRPC to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision. If any provision of the terms of service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms of service remain in full force and effect.

5. Arbitration Agreement.

5.1 PRPC and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
(a.) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
(b.) claims that arose before these or any prior terms (including, but not limited to, claims relating to advertising);(c.) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these terms.
5.2 For the purposes of this Arbitration Agreement, references to “PRPC,” “you,” and    “us” include our respective subsidiaries, affiliates, agents, employees, business  partners, predecessors in interest, successors, and assigns, as well as all
5.3 authorized or unauthorized users or beneficiaries of services or products under these terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.
5.4 Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these terms, you and PRPC are each waiving the right to a trial by a jury in Curaçao or to participate in a class actions. These terms evidence a transaction or website use in Curaçao/Dutch commerce, and thus the European Arbitration Act (“EAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these terms.
5.5 A party who intends to seek arbitration must first send, by certified mail in Curaçao or a written notice of dispute (“Notice”) to the other party. A notice should be sent to PRPC, see contact information section (6) and the Law/Court authority in Curaçao, addressed to: “The common court of Justice” of Curaçao, Emancipatie Boulevard Dominico, F, ‘Don’ Martina # 18, Curaçao.
5.6 The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If PRPC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or PRPC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by PRPC and or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you and or PRPC is entitled.
5.7 You may download or copy a form to initiate arbitration from the website

at https://www.adr.org/sites/default/files/Business%20and%20Consumer%20Submission%20to%20Non-Binding%20Arbitration_2.pdf

5.8 After PRPC receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than €75,000. (Currently, the filing fee for consumer-initiated arbitrations is €200, but this is subject to change by the arbitration provider. If you are unable to pay this fee, PRPC will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Consumer Arbitration Rules (the “EAA Rules”) of the European Arbitration Association (the “EAA”), as modified by these Terms, and will be administered by the EAA. The EAA Rules are available online at www.adr.org (You may obtain information about the arbitration process directed to non-lawyers, including information about providing notice to PRPC, at the e-mail provided in section 6 and at “ The Common Court of Justice of Curaçao at e-mail: focur@caribjustitia.org). The arbitrator is bound by these terms. All issues are for the arbitrator to decide, except those issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation are for the court to decide. Unless PRPC and you agree otherwise, any arbitration hearings will take place in the county (or parish) of PRPC contact address. If your claim is for €10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the EAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds €10,000, the EAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which PRPC was a party. Except as otherwise provided for herein, PRPC will pay all EAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in European Rule of Civil Procedure, then the payment of all such fees will be governed by the EAA Rules. In such case, you agree to reimburse PRPC for all monies previously disbursed by it that are otherwise your obligation to pay under the EAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than €75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the EAA rules.
5.9 If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of PRPC’s last written settlement offer made before an arbitrator was selected, then PRPC will: pay you either the amount of the award or €2,000 (“the alternative payment”), whichever is greater; and pay your attorney, if any, the amount of attorney’s fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the “attorney’s payment”).
5.10 If, PRPC did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney’s fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of PRPC’s last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration proceeding before PRPC’s settlement offer.
5.11 The right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Although under some laws PRPC may have a right to an award of attorney’s fees and expenses if it prevails in an arbitration proceeding, PRPC will not seek such an award.
5.12 The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND PRPC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and PRPC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
5.13 If the amount in dispute exceeds €75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by EAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to EAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the EAA.
5.14 Notwithstanding any provision in the applicable terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.

6. Contact Us. If you have any questions regarding our Terms and conditions, please contact us on the information below.
Mailing Address:
Attn : PRP-Consultancy and Projects Curaçao
Kaya Muizenberg 120
Curaçao
E-mail : info@prpconsultancycuracao.com
Tel : +599 9 5282932.

7. Terms and conditions Revision History.
Last updated on March 28-th, 2022.