All assignments are accepted and will be carried out by FinTaxNL Solutions B.V. ("FinTaxNL"), with the express exclusion of Sections 404 and 407(2) of Book 7 of the Netherlands Civil Code, even if there is an express or implied intention that the work will be handled by a specific individual.
FinTaxNL will consult with the Client when engaging third parties, where reasonable, and will exercise due care in selecting these third parties. FinTaxNL shall not be held liable for any shortcomings of third parties and is authorized to accept any (general) terms and conditions, including any limitation of liability, from the engaged third parties without prior consultation.
All provisions in these General Terms and Conditions benefit not only FinTaxNL but also its shareholders, directors, supervisory directors, all persons employed by FinTaxNL, individuals engaged by FinTaxNL in performing any instruction, and all persons for whose acts or omissions FinTaxNL may be liable.
FinTaxNL will take appropriate measures to safeguard confidential information and personal data and will inform third parties and employees engaged by it of the confidential nature of the information. Please refer to the privacy statement on the FinTaxNL website: https://www.fintaxnlsolutions.com.
If a Client is less than satisfied with FinTaxNL’s services, they must notify FinTaxNL at their earliest opportunity, and in any case, within six (6) weeks of initially engaging FinTaxNL’s services. Should the complaint remain unresolved, the Client must initiate legal proceedings within twelve (12) months, after which the Client will forfeit their right to litigate. Addressing the complaint will not affect the Client's responsibility to pay outstanding invoices, as the Client may not defer or offset payment obligations with FinTaxNL.
If no amount is paid under the applicable insurance, FinTaxNL's liability is limited to the lesser of: (i) the total fees charged by FinTaxNL to the Client in the calendar year of the liability or (ii) the total amount of fees directly related to services provided for the liability in question.
If the complaint pertains to the invoice amount or content, the Client should submit this in writing within one week. FinTaxNL will provide a free explanation in response. Should the complaint be submitted later, costs will be charged for the explanation.
If FinTaxNL is liable for damages to persons or property, or if an event occurs in the course of an assignment that may result in liability, such liability is limited to the amount covered by FinTaxNL's insurance, plus the deductible. Any claim for damages lapses one year after the day following the Client becoming aware of the damage and FinTaxNL's potential liability. If no insurance coverage is available, FinTaxNL's liability is limited to the lesser of (i) the fees charged by FinTaxNL to the Client during the year of the claim or (ii) the fees directly related to the claim event.
The Client indemnifies FinTaxNL against all third-party claims arising from or connected to the assignment or services performed. This includes legal costs. Third parties include, but are not limited to, the Client’s shareholders, directors, supervisory directors, employees, and affiliated legal entities.
The Client must settle amounts invoiced by FinTaxNL without suspension, deduction, or offset and in accordance with the payment terms specified on the invoices. Non-compliance with payment terms results in default, and the Client must pay commercial interest on overdue amounts at the statutory rate and reimburse FinTaxNL for any extrajudicial collection costs. If a claim is handed to a collection attorney, collection costs are at least 15% of the invoice amount, with a minimum of €150.
The legal relationship between FinTaxNL and the Client, as well as any users of FinTaxNL’s services, is exclusively governed by Dutch law. Disputes will be resolved solely by the competent court in Gelderland, unless FinTaxNL chooses an alternative venue.
These General Terms and Conditions are provided in Dutch and English; in the event of discrepancies, the
Dutch version shall prevail.