General terms & conditions

Article 1 – Definitions
1.1. Client: The natural or legal person who uses the services of A.A. Accountancy.
1.2. Contractor: A.A. Accountancy, a sole proprietorship established in Amsterdam.
1.3. Services: All activities, in any form, performed by or on behalf of the contractor.

Article 2 – Applicability
2.1. These terms apply to all offers, services, assignments, and agreements between the contractor and the client.
2.2. Deviations from these terms are only valid if explicitly agreed upon in writing.
2.3. In case of conflict between these terms and any terms provided by the client, these terms shall prevail unless expressly agreed otherwise in writing.

Article 3 – Execution of the Assignment
3.1. The contractor will carry out the services to the best of their ability and judgment.
3.2. The client is responsible for providing all information required for proper execution in a timely manner.
3.3. The contractor may engage third parties where necessary to ensure proper execution of the services.

Article 4 – Fees and Payment
4.1. The client shall owe the agreed fee for the performance of the assignment.
4.2. All fees are exclusive of VAT and any other government-imposed levies.
4.3. Invoices must be paid within 14 days from the invoice date. The contractor reserves the right to initiate collection at any point within the payment term, either through direct debit or a third-party collection agency.
4.4. In the event of late payment, the client is legally in default and statutory interest will apply. All legal and extrajudicial costs relating to the collection of invoices shall be borne by the client.
4.5. The contractor reserves the right to suspend services if payment is not received within the stipulated period, without liability for any resulting consequences.
4.6. Invoices must be paid in full unless partial payments are explicitly agreed upon in writing.

Article 5 – Term and Termination
5.1. Assignments are entered into for an indefinite period unless otherwise agreed in writing.
5.2. Either party may terminate the agreement in writing with a notice period of one month.
5.3. The contractor may terminate the agreement with immediate effect if the client fails to fulfill essential obligations, such as timely payment or provision of required information, after written notice of default.

Article 6 – Liability
6.1. The contractor shall perform the services with reasonable care and professionalism, based on the information and circumstances provided. However, the contractor cannot be held liable for any direct or indirect damage resulting from or related to the performance of the assignment.
6.2. Any liability is limited to the total amount invoiced for the relevant assignment during the three months preceding the event causing the damage and only if such claim is submitted in writing within 30 days of discovering the event causing the damage.
6.3. The contractor shall never be liable for indirect or consequential damages, including but not limited to loss of profit, missed savings, or business interruptions.
6.4. The client remains solely responsible for the accuracy and completeness of the information provided.
6.5. In situations not explicitly covered by these terms, the contractor will act in accordance with principles of reasonableness and good faith, but shall not be deemed liable by default for any resulting consequences.
6.6. The limitations of liability in this article do not apply in cases of gross negligence or willful misconduct by the contractor.

Article 7 – Force Majeure
7.1. The contractor shall not be obliged to fulfill any obligation in the event of force majeure.
7.2. Force majeure includes, but is not limited to, technical failures, strikes, illness, administrative delays by third parties, or any other circumstance beyond the contractor’s control that prevents fulfillment of obligations.

Article 8 – Confidentiality and Data Protection
8.1. The contractor shall treat all information provided by the client as confidential, unless disclosure is required by law.
8.2. The contractor processes personal data in accordance with the General Data Protection Regulation (GDPR). The client grants permission for the processing of personal data necessary for service delivery or administrative purposes. Personal data will be retained only for the duration required by law or the purpose of the assignment.

Article 9 – Governing Law and Disputes
9.1. All legal relationships between the client and the contractor are governed exclusively by Dutch law.
9.2. Any disputes shall be submitted exclusively to the competent court in Amsterdam.
9.3. Before initiating court proceedings, the parties may agree to attempt resolution through mediation (if both parties deem this appropriate)  in accordance with the rules of the Netherlands Mediation Institute (or another mutually agreed mediator)

Article 10 – Intellectual Property
10.1. All intellectual property rights to materials, reports, or other deliverables created by the contractor remain with the contractor unless otherwise agreed in writing.
10.2. The client is granted a non-exclusive, non-transferable license to use such deliverables solely for the purpose of the assignment.

Article 11 – Amendments to Terms
11.1. The contractor reserves the right to amend these terms and conditions. Amendments will be communicated to the client in writing and take effect 30 days after notification, unless the client objects in writing, in which case the existing terms will continue to apply to ongoing assignments.

Article 12 – Complaints Procedure
12.1. Complaints about the services must be submitted in writing within 14 days of discovery, but no later than 30 days after completion of the relevant service.
12.2. The contractor will respond to complaints within 14 days and aim to resolve them amicably.

Article 13 – Assignment of Rights and Obligations
13.1. The client may not assign or transfer any rights or obligations under the agreement to a third party without the prior written consent of the contractor.

Article 14 – Electronic Communication
14.1. Communication between the contractor and the client may occur electronically (e.g., via email or online platforms), unless otherwise agreed. The client acknowledges that electronic communication may involve risks (e.g., interception or errors) for which the contractor is not liable.