General terms and conditions
The general terms and conditions under which services are provided by or on behalf of Kennispunt or another trade name of Kennispunt (CijferAdvies Almelo/ VAT Point Europe), hereinafter referred to as "KP". The general terms and conditions form an integral part of the offer and/or contract.
2.1 General terms and conditions of the customer are expressly rejected.
2.2 These general terms and conditions apply to all services provided by KP to the client.
2.3 The general terms and conditions also apply to any additional or follow-up assignments.
2.4 These general terms and conditions may also be invoked by natural and legal persons who are directly or indirectly involved in any way in the provision of services by or on behalf of KP.
3 Execution of the order
3.1 KP is obliged to exercise the care that can reasonably be expected of it with regard to the services provided by or on behalf of KP under the given circumstances. KP is not responsible for achieving the intended result.
3.2 All assignments are, to the exclusion of Sections 7:404 and 7:407(2) of the Dutch Civil Code, only accepted and carried out by KP.
3.3 In the execution of an assignment, KP may also involve one or more persons who are not directly or indirectly related to KP. A failure of such a person can only be attributed to KP if the client demonstrates that the choice of KP by this person was not made with due care.
4 Cooperation by the principal
4.1 The client is obliged to make available all information and documents which KP, in its opinion, requires for the correct performance of the assignment, on time and in the desired form and in the desired manner.
4.2 The client is obliged to inform KP immediately of facts and circumstances that may be relevant in connection with the performance of the assignment.
4.3 The costs and additional fees resulting from delays in the execution of the assignment caused by the failure to provide the requested information and documents, or to do so on time or properly, are for the account of the client.
4.4 The client guarantees that he lawfully disposes of the personal data and that he lawfully makes the personal data available to KP in the context of the assignment for the execution of the assignment. KP processes the personal data provided to it exclusively under the client's responsibility.
4.5 The client authorises KP and the persons involved in the execution of an assignment by or on behalf of KP to share data relating to the client and the assignment with other persons associated with KP, in so far as this is necessary or useful for the relationship management.
5 Acceptance of the agreement and general terms and conditions
5.1 Each assignment is recorded in writing by KP with a quotation/agreement of assignment describing the conditions under which KP provides its services and performs its activities. KP prefers to receive a signed copy in order to provide as much clarity as possible for both parties. If, for whatever reason, this does not happen, but the client confirms that an order has been given to us, whether or not by supplying the necessary documents and/or information, then the offer/agreement of the order is deemed to have been accepted by the client.
5.2 These general terms and conditions also apply to all our services and activities, which also appear to have been accepted by the commencement of the activities by KP or by the provision of information by the client.
6.1 If wages and/or prices change after the conclusion of the assignment agreement, but before the assignment has been carried out in full, KP is entitled to adjust the agreed rate accordingly with effect from 1 January of each year.
6.2 KP's fee is exclusive of expenses and exclusive of claims from third parties.
7.1 Payment by the Principal must be made, without deduction, discount or setoff, within the agreed periods, but in any case no later than fourteen days after the invoice date. Payment must be made in Dutch currency by means of a transfer to a bank account to be designated by KP. Objections to the amount of the submitted invoices do not suspend the payment obligation.
7.2 If the client has not paid within the periods mentioned under 7.1, KP is entitled, after it has demanded payment from the client at least once, without further notice of default and without prejudice to KP's other rights, to charge the client statutory interest on the outstanding amount from the due date until the date of full payment.
If the customer is in default, all claims of the contractor against the customer - without prejudice to the contractor's other rights - will be immediately due and payable in full. In addition, in that case the contractor has the right to suspend its services, without being liable for any damage as a result thereof. All judicial and extrajudicial (collection) costs reasonably incurred by KP as a result of the client's failure to comply with his payment obligations will be borne by the client.
7.3 Any objection to the amount of an invoice issued by the contractor must be notified to the contractor in writing within 14 days of the invoice being sent, stating the reasons for the objection. If no objection is made or no reasons are given for this within the specified period, the customer will be deemed to have agreed to the amount of the invoice. Objection does not release the client from his obligation to pay the invoice, unless the contractor confirms this in writing.
8.1 For the damage suffered by the client as a result of an event for which
KP is liable, the client is entitled to compensation:
a. if KP is covered under an insurance policy for that damage, up to an amount equal to the insurance payment to be obtained by KP plus KP's own risk under that insurance policy;
b. if KP does not benefit from insurance cover for that damage, up to an amount equal to the fee (only the fee for the hours worked, i.e. excluding costs and excluding invoices from third parties) excluding VAT and disbursements that KP has invoiced to the client in the calendar year in which the event took place and has been paid by the client for the assignment in question.
8.2 Without prejudice to the provisions of Section 6:89 of the Dutch Civil Code, the right to compensation for damages will lapse in any case.
If the damage occurs twelve months after the event from which the damage results directly or indirectly and for which KP is liable.
8.3 If third parties claim compensation from KP for damages in connection with a claim made by or on behalf of KP, they will be obliged to pay the costs.
If a client provides services to a client, the client shall indemnify KP against that claim and additional costs to the extent that KP is required to compensate the third parties for more damage than it would have had to compensate the client if the client itself had claimed compensation from KP for the damage suffered by third parties.
9 Applicable law and choice of forum
9.1 The legal relationship between KP and the client, as well as those who make use of its services, is subject to Dutch law. Disputes will be settled exclusively by the competent Dutch court in Almelo.
9.2 Contrary to the provisions of paragraph 1, the client and KP are authorised to agree to submit disputes to a mediator.
These general terms and conditions have been drawn up in the Dutch language. Any translations of these terms and conditions shall be binding in the Dutch language.
On the KP website you will find our privacy statement: http://www.kennispunt.eu/contact-2/11463-2/
What do we process personal data for?
Your personal data will be processed by our organization for the following purposes:
- Identifying the customer/ UBO
- Processing the data in order to be able to file a tax return on behalf of the customer;
- To be able to advise the client on financial/tax matters in order to be able to optimise the client's position.
-In addition, our organisation provides information, newsletters, etc. in the context of marketing and relationship management.
As an organisation, we are responsible for the processing of your personal data. If, after reviewing our privacy statement, or in a more general sense, you have any questions about this or would like to contact us, please do so using the following contact details: firstname.lastname@example.org/ 00316- 248 66 797
Kennispunt is established in Almelo, registered in the Trade Register of the Netherlands under number 56782225.
Version 1 rev. 3 (March 2018) Translation Version 1 rev 1 (September 2019)