TERMS & CONDITIONS
Van Dijk Accounting is a registered business under the KvK number 66491509 and statutorily located in Den Haag, The Netherlands. These General Terms and Conditions shall apply to all legal relationships between Van Dijk Accounting and the Client, including all offers, and agreements, whatever their nature and cause, where Van Dijk Accounting has undertaken or undertakes to perform Work for the Client. Deviations from these General Terms and Conditions are only valid if expressly agreed in writing.
The Work shall be performed by Van Dijk Accounting with due consideration of the applicable legislation and regulations including the rules of conduct and professional practice applying. Van Dijk Accounting shall never be bound to perform any acts or omissions that are contrary to or incompatible with the legislation and regulations referred to above. Van Dijk Accounting excludes all liability for damage resulting from compliance by Van Dijk Accounting with legislation and applicable regulations.
Where Van Dijk Accounting is required or requested to provide information in respect of the Client pursuant to a regulatory request, requirement or through any form of legal proceedings, Client agrees to reimburse Van Dijk Accounting for the costs Van Dijk Accounting and its personnel incurred in relation to such requirement, request or proceeding.
The Agreement will come into effect upon acceptance of the Offer by the Client. This acceptance can be made via email. The Agreement will remain valid for an indefinite period of time, unless it is clear from the content, nature or scope of the Offer that it has been concluded for a definite period of time. At their own discretion, the parties may prove that the Agreement was concluded in another manner.
INFORMATION PROVIDED BY THE CLIENT
Both of its own accord and at the request of Van Dijk Accounting, the Client shall give its full cooperation and shall in good time and in the desired form and manner make available all relevant information and documentation which Van Dijk Accounting will reasonably deem necessary to receive from the Client for the proper performance of the Work. The Client shall ensure that Van Dijk Accounting is immediately informed of facts and circumstances that may be important in connection with the proper performance of the Work.
The Client warrants the accuracy, completeness, reliability and legitimacy of the information and documentation made available to Van Dijk Accounting, including information and documentation originating from third parties, except where precluded by the nature of the engagement.
Van Dijk Accounting will not be liable for any loss suffered by the Client as a result of the Client or any third party (i) not informing Van Dijk Accounting in good time of, or withholding, facts and circumstances which may be relevant in connection with the proper performance of the Work and (ii) misrepresenting the facts.
The Client will bear the extra costs and additional fees resulting from any delay in the performance of the Work caused by the fact that the information and documentation as were not made available or were not made available properly or in good time, or by failure to cooperate, to cooperate in good time or to cooperate properly.
PERFORMANCE OF THE WORK
Van Dijk Accounting will exert itself to the best of its abilities to perform the Work in accordance with the arrangements and procedures agreed in writing with the Client. Van Dijk Accounting will determine how and by which person or persons the Work will be performed. Van Dijk Accounting may, for the performance of the Work, including so as to support the rendering of services call in third parties. Should the Client, in the performance of the Work, wish to call in third parties, it shall only do so after having reached agreement to that end with Van Dijk Accounting.
If a period or date is agreed between the Client and Van Dijk Accounting within which the Work must be performed and the Client fails to: (a) make an advance payment – if agreed – or (b) provide the necessary documentation and information in good time, completely, in the desired form and manner, then the Client and Van Dijk Accounting will discuss a new period or date within which the Work must be performed. Time limits within which the Work must be completed are always indicative and will not be considered as strict deadlines unless this has been expressly agreed upon. Under no circumstances may the Client rescind (ontbinden) the Agreement on account of a failure to meet a time limit, when such failure is due to Van Dijk Accounting observing the applicable legislation and regulations, including the rules of conduct and professional practice. Furthermore, Van Dijk Accounting will not be liable for compensation on account of such failure to meet a time limit.
If, at the request or with the prior consent of the Client, Van Dijk Accounting carries out work or performs outside the content or scope of the Offer, the Client shall pay Van Dijk Accounting for such work or performance on the basis of Van Dijk Accounting’s customary rates.
In performing the Work, Van Dijk Accounting will provide Client with copies of any correspondence that was submitted to the Dutch Tax Authorities (Belastingdienst) on behalf of the Client. The Client may request supporting documentation from Van Dijk Accounting, but this is not to be regarded as advice. Van Dijk Accounting is not obliged to update support documentation in response to events occurring after the final version has been issued. Any advice, opinions, expectations, forecasts and recommendations given by Van Dijk Accounting as part of the Work shall under no condition or circumstance whatsoever be construed as a guarantee with respect to future events or circumstances. The performance of the engagement is not specifically directed towards the detection of fraud.
Van Dijk Accounting shall keep secret from third parties, other than involved with the performance of the Work, any confidential information furnished by or on behalf of the Client. This obligation shall not apply insofar as Van Dijk Accounting is required to disclose such information by law, or by a binding decision by a court of law or a public authority.
Without Van Dijk Accounting’s prior written consent, the Client will not provide or disclose to third parties (the content of) the Offer, reports, advice or other written or unwritten statements by Van Dijk Accounting or parts thereof. The above is, however, not applicable in case of a legal obligation.
Van Dijk Accounting keeps working papers in relation to the engagement. Van Dijk Accounting will take appropriate measures for maintaining the confidentiality and safekeeping of working papers and for retaining them for a period considered acceptable for good practice and in accordance with statutory and professional requirements concerning record retention. The working papers and files are the property of Van Dijk Accounting.
Van Dijk Accounting is committed to safeguarding the confidential information of all current, former, and potential clients. All personal information provided to the firm is held in the strictest confidence. These records include personal information collected in connection with any services or potential services provided by Van Dijk Accounting.
We maintain a secure office and computer environment to ensure that your information is not placed at unreasonable risk.
Categories of Information Collected
- Information our clients provide to us to provide comprehensive tax preparation, financial analysis, and accounting administration;
- Information our clients provide to us in agreements, account applications, and other documents completed in connection with the opening and maintenance of their accounts;
- Information our clients provide to us orally;
- Information provided via third party applications like WhatsApp, Skype and Zoom; and
- Information I may receive from third parties, such as the Dutch tax authority (Belastingdienst), about our clients’ transactions with us or with others.
Maintenance of Information
Personally identifiable information about you will be maintained during the time you are a client, and for the required time that such records are required to be maintained by local law.
What Information We Collect and Maintain
We may collect the following types of “nonpublic personal information” about you:
- Information from in-person and virtual meetings
- Identifying information such as your name, address, social security (burgerservicenummer) number, date of birth, and financial information.
- Information generated to service your tax preparation and financial analysis needs.
- Information received from third parties with respect to your financial profile.
Van Dijk Accounting will invoice the Work on the basis of the Offer and any taxes due on these. These items will be charged to the Client on a monthly, quarterly or annual basis or upon completion of the Work. Payment shall be remitted in Euros to a bank account designated on the invoice. Payment on invoices is due no later than 15 days after the issuance date of the invoice. If Client does not pay your invoice within 15 days Van Dijk Accounting reserves the right to request a standard fee for collection and, in addition, charge the Client applicable legal interest rates.
RIGHT OF SUSPENSION
Van Dijk Accounting is authorised, after careful consideration of interests, to suspend the fulfilment of all its obligations, including the handing over of documents or other items to the Client or third parties, until all receivables payable by the Client have been settled in full.
INDEMNITY & LIABILITY
The Client shall indemnify Van Dijk Accounting against any and all claims of third parties arising from or connected to the Work performed or to be performed for the Client, unless the Client is able to prove that such claims do not result from culpable acts or omissions on its part or intent or wilful recklessness on the part of Van Dijk Accounting. The indemnity will include all loss suffered and costs incurred by Van Dijk Accounting, including the costs of legal proceedings, as a result of such a claim. Van Dijk Accounting will perform the Work to the best of its ability, exercising the due care which may be expected of a professional practitioner. There is an obligation to perform to the best of one's abilities.
Van Dijk Accounting must at the risk of Client forfeiting all rights be notified in writing of any complaints concerning the Work and/or the amount invoiced within 60 days of the date of delivery of the documents or information to which the Client’s complaints relate. Claims as do not suspend the Client’s obligation to pay. If the claim is justified, Van Dijk Accounting may, at its own discretion, adjust the invoiced fees, rectify or reperform the rejected Work free of charge, or discontinue the engagement in whole or in part against a proportionate refund of the fees already paid by the Client.
The Agreement may be terminated at all times in writing by both Van Dijk Accounting and the Client taking into account a reasonable term of notice. The Client is obliged to provide at least one month's notice. In the event of termination in accordance Van Dijk Accounting retains the right to payment of invoices for Work performed or any Work to still be performed by mutual agreement of the parties. The Client’s obligation to pay the invoice for the Work performed falls due at the moment of termination of the Agreement. In the event that the Client terminates the Agreement, the Client is obliged to reimburse all losses suffered and costs incurred by Van Dijk Accounting time spent closing the Client's file and providing information such as a system Audit File. Losses suffered and costs incurred can include at least, but not exclusively, all costs incurred by Van Dijk Accounting in connection with the (future) Work, investments made and loss of capacity.
APPLICABLE LAW AND CHOICE OF FORUM
All legal relationships between the Client and Van Dijk Accounting are governed by Dutch law. All disputes related to legal relationships between the Client and Van Dijk Accounting to which these General Terms and Conditions apply will fall under the exclusive jurisdiction of the competent court in the district in which Van Dijk Accounting has its seat.
Dated: September 2017