GENERAL TERMS AND CONDITIONS APPLICABLE TO CONTRACTS GRANTED TO
THE BOEKHOUDERS BOUTIQUE hereinafter TO AS THE Contractor.
For legal purposes, the Dutch one is leading. This English version is to help in understanding our proceedings. In these general terms and conditions, the following definitions shall apply:
1. Client: the person or legal entity who has commissioned the Contractor to perform work.
2. Work: all commissioned activities, performed or to be performed by the Contractor for other reasons, including but not limited to advising on matters of fiscal tax law, general legal nature, and/or accounting nature, preparing tax returns, handling requests, objections and appeals in tax matters, acting as an authorised representative in tax proceedings, all of the foregoing in the broadest sense of the word and in any case including the activities as stated in the job confirmation.
3. Documents: all goods made available by the Client to the Contractor, including documents or data carriers, as well as all goods manufactured by the Contractor within the context of the execution of the assignment, including documents or data carriers.
Art. 1 APPLICABILITY
1. These general terms and conditions apply to all agreements entered into by the Contractor within the framework of the execution of the work as mentioned under Art. 2, subject to amendments to these terms and conditions that must be explicitly confirmed in writing by the Contractor.
2. The general terms and conditions of the Client shall only have an effect on the agreements entered with the Contractor to the extent that they do not conflict with the present terms and conditions. In case of doubt as to whether such a conflict exists, the general terms and conditions of the Contractor shall prevail.
Art. 2 START AND DURATION OF THE AGREEMENT
1. The agreement is only concluded and only commences when the job confirmation signed by the Client has been returned and signed by the Contractor or upon confirmation of the proposal sent by the Contractor by email.
2. The parties are free to prove the conclusion of the agreement by other means.
3. The agreement is entered into for an indefinite period of time unless it follows from the nature or scope of the assignment that it was entered into for a definite time period.
Art. 3 CLIENT DETAILS
1. The Client is required to provide the Contractor with all information and documents that the Contractor deems necessary for the correct execution of the assignment in a timely manner and in the desired form and manner.
2. The Contractor has the right to suspend the execution of the assignment until the Client has fulfilled the obligation mentioned in the previous paragraph.
3. If and insofar the Client so requests, the documents made available by him will be returned to him.
Art. 4 EXECUTION OF THE CONTRACT
1. The Contractor will determine the manner in which the granted assignment will be executed.
2. The Contractor has the right to have certain activities performed by third parties. To the extent possible, the Contractor will consult the Client in advance regarding the engagement of these third parties and will inform the Client thereof as soon as possible.
3. If during the assignment work is performed for the Client's profession or business that is not covered by the work as agreed in the job confirmation, it is presumed from the relevant notes in the Contractor's administration that these activities have been performed on the Client’s incidental and commissioned instructions. These notes must relate to interim consultations between the Client and the Contractor.
4. Implementation of a subscription is done under the guise of “fair use”. A subscription gives some freedom to work more or fewer working hours for certain months, assuming that they offset each other. It is not the intention that 'subscription hours' are transferred or saved for a later moment. For this, we work in hourly packages which offer a certain amount of time security.
Art. 5 CONFIDENTIALITY AND EXCLUSIVITY
1. Subject to obligations to disclose certain information imposed by law, the Contractor is obliged to maintain confidentiality towards third parties not involved in the execution of the assignment. This confidentiality concerns all information of a confidential nature made available to him by the Client and the results obtained by processing it.
2. The Contractor is not entitled to use the information made available to him by the Client for a purpose other than that for which it was obtained.
Art. 6 INTELLECTUAL PROPERTY
1. The Contractor reserves all rights with regard to intellectual products that he uses or has used in the context of the execution of the agreement with the Client, insofar as rights can exist or be established on these products in a legal sense.
2. The Client is explicitly prohibited from reproducing, publishing or exploiting those products, including computer programs, system designs, working methods, advice, (model) contracts and other intellectual products, whether or not with the involvement of third parties.
3. The Client will not be permitted to make resources for those products available to third parties, other than to obtain an expert opinion regarding the work of the Contractor.
Art. 7 FORCE MAJEURE
1. If the Contractor cannot fulfil his obligations under the agreement, or cannot fulfil them on time or properly, as a result of a cause not attributable to him, including, but not limited to, stagnation in the regular course of business within his company, these obligations will be suspended until the moment the Contractor is still able to fulfil them in the agreed manner.
2. In the event that the situation referred to in the first paragraph arises, the Client has the right to terminate the agreement in writing in full or in part, and with immediate effect.
Art. 8 HONORARY
1. The Contractor's fee does not depend on the outcome of the assignment given. The fee is calculated in accordance with the Contractor's usual rates and is payable as agreed in the service agreement.
2. The Contractor's fee, including any turnover tax due, will be charged to the Client quarterly or before or after the completion of the work.
Art. 9 PAYMENT
1. The Client shall pay the invoice amount within 14 days of the invoice date, in EURO, by payment to a bank account designated by the Contractor and, insofar as the payment relates to work, without any right to discount or set-off.
2. If the Client has not paid within the above-mentioned term or within the further agreed term, he shall be in default by operation of law and the Contractor shall be entitled, without further summons or notice of default, to charge the Client the statutory interest from the due date until the date of payment in full, all this without prejudice to the Contractor's further rights.
3. All costs incurred as a result of judicial or extrajudicial collection of the claim shall be borne by the Client. The extrajudicial costs are set at a minimum of 15% of the amount to be claimed.
4. In the event of a jointly given assignment, Clients are jointly and severally liable for payment of the invoice amount, insofar as the work has been performed on behalf of the joint Clients.
Art. 10 LIABILITY
1. For all direct damages of the client, in any way related to or caused by no-execution, late or improper execution of the assignment, the liability of the contractor is limited to the term or result amount as agreed with the contractor in the relevant service agreement.
2. The Contractor is never liable for all indirect damage, including stagnation in the regular course of business in the Client's company, in any way related to or caused by an error in the execution of the work by the Contractor.
3. The Contractor shall at all times be entitled, if and insofar as possible, to undo the Client’s loss.
4. The Contractor is not liable for damage to or loss of documents during transport or during shipment by post, regardless of whether the transport or shipment is carried out by or on behalf of the Client, the Contractor or third parties.
5. The Client indemnifies the Contractor against all claims from third parties that are directly or indirectly, mediately or immediately related to the execution of the agreement.
Art. 11 TERMINATION
1. The Client and the Contractor may terminate the agreement at any time.
2. Termination must be communicated to the other party in writing or by e-mail.
3. If and insofar as the Contractor terminates the agreement by giving notice, he is obliged to inform the Client of the reasons underlying the termination and to do everything the circumstances require in the interest of the other party.
Art. 12 COMPLAINTS PROCEDURE
1. The Boekhouders Boutique values professionalism, reliability and service. If you believe that we are deficient in this, please talk to us in the first instance so that we can take appropriate action.
If this is not possible, there is the option of submitting a complaint in writing.
2. Do justice to the individual complainant and, if possible, restore the relationship of trust between the Contractor and the Client.
3. A complaint can relate to all aspects of our services, such as the provision of information, accessibility of our company, speed of response, and treatment by our accountants.
Art. 12. a WHAT IS A COMPLAINT?
Any written via email expression of dissatisfaction from a Client of The Boekhouders Boutique. This should clearly describe the problem with a potential solution.
Complaints are sent to: email@example.com
Art. 12. b SETTLEMENT TERM
1. Complaints will be followed up within 72 hours.
2. The Client/complainant will receive a confirmation of the complaint and will receive feedback as soon as possible.
3. Boekhouders Boutique is given the opportunity to remedy / correct / make good the complaint within a reasonable period, provided that all supplies are present and in the possession of the Contractor.
4. The Boekhouders Boutique will deal confidentially with all complaints from the Client and the Client’s data.
Art. 13 APPLICABLE LAW
1. All agreements between the Client and the Contractor to which these general terms and conditions apply shall be governed by Dutch law.
2. All disputes relating to agreements between the Client and the Contractor to which these terms and conditions apply and that do not fall within the competence of the sub-district court, will be settled by the competent court in the district in which the Contractor is domiciled unless the disputes do not relate to the business of the Client.