Terms and Conditions

Article 1 - Definitions

• WM FinEx and Tax Services: WM FinEx and Tax Services, located in The Hague, registered under Chamber of Commerce number 78364612.

• Client: The individual or entity with whom WM FinEx and Tax Services has entered into an agreement.

• Parties: WM FinEx and Tax Services and the Client collectively.

• Consumer: A Client who is an individual acting in a private capacity.

 

Article 2 - Applicability

• These terms and conditions apply to all offers, proposals, work, orders, agreements, and deliveries of services or products by or on behalf of WM FinEx and Tax Services.

• WM FinEx and Tax Services and the Client can only deviate from these terms if this has been explicitly agreed upon in writing.

• WM FinEx and Tax Services and the Client explicitly exclude the applicability of the Client's own general terms and conditions or those of any third parties.

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Article 3 - Offers and Proposals

• Offers and proposals from WM FinEx and Tax Services are non-binding, unless explicitly stated otherwise.

• An offer or proposal is valid for a maximum of 2 weeks, unless another time frame is specified in the offer or proposal.

• If the Client does not accept the offer or proposal within the applicable period, the offer or proposal will expire.

• Offers and proposals do not apply to follow-up orders unless WM FinEx and Tax Services and the Client have agreed to this in writing.

 

Article 4 - Acceptance

• Upon acceptance of a non-binding offer or proposal, WM FinEx and Tax Services may withdraw the offer or proposal within 3 days after receiving the acceptance, without the Client acquiring any rights in relation to the offer or proposal.

• Verbal acceptance by the Client only binds WM FinEx and Tax Services after the Client has confirmed it in writing or electronically.

 

Article 5 - Prices

• WM FinEx and Tax Services applies prices in euros, including VAT, unless otherwise agreed in writing.

• WM FinEx and Tax Services reserves the right to change the prices of its services and products at any time, including on its website or in other communications.

• WM FinEx and Tax Services and the Client may agree on a total amount for the services as a guideline, unless otherwise agreed in writing.

• WM FinEx and Tax Services may deviate from the guideline price by up to 10%.

• WM FinEx and Tax Services must inform the Client in a timely manner if a higher price is justified when the guideline price exceeds 10%.

• The Client has the right to cancel part of the order that exceeds the guideline price (plus 10%) if the guideline price increases by more than 10%.

• WM FinEx and Tax Services may adjust prices annually.

• Price adjustments will be communicated to the Client in advance of their implementation.

• A consumer may cancel the agreement with WM FinEx and Tax Services if they disagree with the price increase.

 

Article 6 - Payments and Payment Term

• WM FinEx and Tax Services may require an advance payment of up to 50% of the agreed amount when entering into an agreement.

• The Client must pay the outstanding amount within 14 days of delivery.

• The payment terms that WM FinEx and Tax Services applies are strict payment deadlines. This means that if the Client does not pay the agreed amount by the final day of the payment term, the Client is automatically in default, without WM FinEx and Tax Services having to send a reminder or put the Client in default.

• WM FinEx and Tax Services may make delivery conditional upon immediate payment or may require a security deposit for the total amount of the services or products.

 

Article 7 - Consequences of Late Payment

• If the Client fails to pay within the agreed term, WM FinEx and Tax Services may charge statutory interest of 2% per month for non-commercial transactions and statutory interest of 8% per month for commercial transactions from the day the Client is in default, with a portion of a month counting as a full month.

• When the Client is in default, they must also pay extrajudicial collection costs and any damages to WM FinEx and Tax Services.

• The collection costs will be calculated based on the Decree on Compensation for Extrajudicial Collection Costs.

• If the Client fails to pay on time, WM FinEx and Tax Services may suspend its obligations until the Client has paid.

• In the event of liquidation, bankruptcy, seizure, or suspension of payments by the Client, WM FinEx and Tax Services' claims against the Client become immediately due and payable.

• If the Client refuses to cooperate in the performance of the agreement by WM FinEx and Tax Services, they must still pay the agreed price.

 

Article 8 - Right of Withdrawal

• A consumer may cancel an online purchase within 14 days of purchase without giving any reason. This right of withdrawal does not apply when:

  • the service relates to accommodation, travel, catering, transportation, or a form of leisure activity

  • it concerns urgent repairs

  • it involves betting or lotteries

  • the consumer has waived their right of withdrawal

  • the service is performed fully within the reflection period, with the consumer explicitly stating they waive their right of withdrawal.

• The 14-day reflection period in paragraph 1 begins:

  • when the consumer has concluded an agreement for the delivery of a service

  • when the consumer has confirmed they will take digital content via the internet

• The consumer may exercise their right of withdrawal by sending an email to www.finextax.nl, possibly using the withdrawal form available on WM FinEx and Tax Services' website, www.finextax.nl.

 

Article 9 - Right of Suspension

• Unless the Client is a consumer, the Client waives the right to suspend the performance of any obligation arising from this agreement.

 

Article 10 - Set-off

• Unless the Client is a consumer, the Client waives the right to set off any debt owed to WM FinEx and Tax Services against a claim the Client may have against WM FinEx and Tax Services.

 

Article 11 - Insurance

• The Client must insure and keep sufficiently insured, against risks including but not limited to fire, explosion, water damage, and theft, the following:

  • goods delivered that are necessary for the execution of the underlying agreement

  • goods of WM FinEx and Tax Services that are present at the Client’s premises

  • goods delivered subject to retention of title.

• Upon first request from WM FinEx and Tax Services, the Client must provide a copy of the insurance policy for these insurances.

 

Article 12 - Guarantee

• When the Client and WM FinEx and Tax Services have entered into an agreement for a service, this agreement contains only an obligation of effort on the part of WM FinEx and Tax Services and not an obligation to achieve a specific result.

 

Article 13 - Performance of the Agreement

• WM FinEx and Tax Services will perform the agreement to the best of its ability and judgment, in accordance with the standards of good craftsmanship.

• WM FinEx and Tax Services may have the agreed service performed in whole or in part by others.

• The execution of the agreement takes place in consultation with and after written approval from the Client, and payment of any deposit by the Client.

• The Client must ensure that WM FinEx and Tax Services can start the execution of the agreement on time.

• If the Client fails to ensure that WM FinEx and Tax Services can start on time, any resulting additional costs will be at the Client’s expense.

 

Article 14 - Information Provided by the Client

• The Client must provide all information, data, and documents necessary for the proper execution of the agreement, in the desired form, and in a timely manner to WM FinEx and Tax Services.

• The Client is responsible for the accuracy and completeness of the information, data, and documents provided, even if they come from third parties, unless this is excluded by the nature of the agreement.

• If the Client requests, WM FinEx and Tax Services will return the relevant documents.

• If the Client fails to provide the information, data, or documents reasonably requested by WM FinEx and Tax Services, or provides them late or improperly, and this causes a delay in the execution of the agreement, any resulting additional costs and extra hours will be borne by the Client.

 

Article 15 - Duration of Service Agreement

• The agreement between WM FinEx and Tax Services and the Client for a service is entered into for a duration of 1 year, unless the nature of the agreement dictates otherwise or another duration is agreed upon in writing.

• After the term in paragraph 1 has expired, the agreement will automatically be converted into an agreement for an indefinite term, unless either the Client or WM FinEx and Tax Services terminates the agreement with a notice period of 2 months. If the Client is a consumer, the notice period is 1 month.

 

Article 16 - Termination of Service Agreement for a Fixed Term

• The Client cannot terminate a service agreement for a fixed term before 1 year has passed.

• After the minimum duration of 1 year, the Client may terminate the agreement with a notice period of 2 months.

• After the minimum duration of 1 year, a consumer may terminate the agreement with a notice period of 1 month.

• If the service agreement is entered into for a duration of less than 1 year, the agreement cannot be terminated prematurely.

 

Article 17 - Confidentiality

• The Client must keep all information, in any form, that they receive from WM FinEx and Tax Services confidential.

• The same applies to all other information concerning WM FinEx and Tax Services that the Client knows or reasonably suspects is confidential or that may cause damage to WM FinEx and Tax Services if disclosed.

• The Client must take all necessary measures to ensure that they maintain the confidentiality of the information referred to in paragraphs 1 and 2.

• The confidentiality obligation described in this article does not apply to information:

  • that was already publicly available before the Client became aware of it or that later became publicly available without it being the result of a breach of the Client’s confidentiality obligation

  • that the Client discloses due to a legal obligation.

• The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its terminatio

 

Article 18 - Penalty Clause

• If the Client breaches the confidentiality or intellectual property provisions, the Client shall pay WM FinEx and Tax Services an immediately payable fine for each violation.

  • If the Client is a consumer, the fine referred to in paragraph 1 is €1,000.

  • If the Client is not a consumer, the fine referred to in paragraph 1 is €5,000.

• Additionally, the Client must pay an amount of 5% of the applicable fine amount referred to in paragraphs 2 or 3 for each day the violation continues.

• The Client must pay the fine in paragraph 1 without the need for a reminder or legal proceedings. There is no requirement for actual damage to have occurred.

• WM FinEx and Tax Services may also claim compensation from the Client in addition to the fine in paragraph 1.

 

Article 19 - Indemnity

• The Client indemnifies WM FinEx and Tax Services against all claims from third parties related to the products and/or services provided by WM FinEx and Tax Services.

 

Article 20 - Complaints

• The Client must inspect any product delivered or service provided by WM FinEx and Tax Services as soon as possible for any shortcomings.

• If the delivered product or service does not meet what the Client could reasonably expect, the Client must notify WM FinEx and Tax Services of the defect within 1 month after discovering the issue.

  • A consumer must notify WM FinEx and Tax Services within 2 months after discovering the defect.

• The Client must provide a detailed description of the shortcoming to enable WM FinEx and Tax Services to respond appropriately.

• The Client must prove that the complaint relates to an agreement between the Client and WM FinEx and Tax Services.

• If the complaint concerns ongoing work, the Client cannot demand that WM FinEx and Tax Services carry out work that was not agreed upon.

 

Article 21 - Default Notice

• The Client must submit any notice of default in writing to WM FinEx and Tax Services.

• The Client is responsible for ensuring that the notice of default actually reaches WM FinEx and Tax Services on time.

 

Article 22 - Liability of the Client

• When WM FinEx and Tax Services enters into an agreement with multiple Clients, each Client is jointly and severally liable for fulfilling the terms of the agreement.

 

Article 23 - Liability of WM FinEx and Tax Services

• WM FinEx and Tax Services is only liable for damages suffered by the Client if the damage is caused by willful intent or gross negligence.

• If WM FinEx and Tax Services is liable for damage, such liability is limited to direct damage related to the performance of the underlying agreement.

• WM FinEx and Tax Services is not liable for indirect damage, such as consequential loss, lost profits, or damage to third parties.

• If WM FinEx and Tax Services is liable, its liability is limited to the amount covered by a professional liability insurance policy. If no insurance has been taken out or no payout is made under the insurance, liability is limited to the invoice amount (or the part of it) to which the liability relates.

• All images, photos, colors, drawings, descriptions on the website or in a catalog are indicative and may not lead to any compensation, cancellation, or suspension.

 

Article 24 - Limitation Period

• Any right of the Client to claim compensation from WM FinEx and Tax Services expires 12 months after the event from which the liability directly or indirectly arises.

• This does not affect the provisions of Article 6:89 of the Dutch Civil Code.

 

Article 25 - Termination

• The Client may terminate the agreement if WM FinEx and Tax Services is in default of fulfilling its obligations, unless the default is of such a nature or minor significance that it does not justify termination.

• If the performance of obligations by WM FinEx and Tax Services is still possible, termination can only take place after WM FinEx and Tax Services has been put in default.

• WM FinEx and Tax Services may terminate the agreement with the Client if the Client fails to meet its obligations under the agreement, or if WM FinEx and Tax Services becomes aware of circumstances that provide reasonable grounds to believe that the Client will fail to meet its obligations.

 

Article 26 - Force Majeure

• In addition to the provisions of Article 6:75 of the Dutch Civil Code, a default by WM FinEx and Tax Services is not attributable to WM FinEx and Tax Services if a force majeure situation occurs.

• A force majeure situation includes, but is not limited to:

  • a state of emergency such as civil war or a natural disaster

  • non-performance or force majeure on the part of suppliers, couriers, or others

  • power, electricity, internet, computer, or telecom failures

  • computer viruses

  • strikes

  • government measures

  • transportation problems

  • bad weather conditions

  • work stoppages

• If a force majeure situation arises that prevents WM FinEx and Tax Services from fulfilling one or more obligations to the Client, those obligations will be suspended until WM FinEx and Tax Services can fulfill them.

• After a force majeure situation has lasted for at least 30 calendar days, either the Client or WM FinEx and Tax Services may terminate the agreement in whole or in part in writing.

• WM FinEx and Tax Services is not required to pay compensation to the Client during a force majeure situation, even if WM FinEx and Tax Services benefits from it.

 

Article 27 - Amendment of the Agreement

• If it is necessary for the performance of the agreement, the Client and WM FinEx and Tax Services may amend the agreement.

 

Article 28 - Amendment of the General Terms and Conditions

• WM FinEx and Tax Services may amend these general terms and conditions.

• WM FinEx and Tax Services may make changes that are of a minor nature at any time.

• Significant changes will be discussed with the Client as much as possible in advance.

• A consumer may terminate the agreement in the event of a significant change to the general terms and conditions.

 

Article 29 - Transfer of Rights

• The Client may not transfer any rights arising from an agreement with WM FinEx and Tax Services to others without the written consent of WM FinEx and Tax Services.

• This provision applies as a provision with real legal effect, as stated in Article 3:83, paragraph 2 of the Dutch Civil Code.

 

Article 30 - Effects of Invalidity or Annulment

• If one or more provisions of these general terms and conditions are found to be void or annulled, this does not affect the other provisions of these terms and conditions.

• A provision that is void or annulled will, in such cases, be replaced by a provision that closely resembles what WM FinEx and Tax Services intended when drafting the terms and conditions.

 

Article 31 - Applicable Law and Competent Court

• These general terms and conditions, as well as any underlying agreement between the Client and WM FinEx and Tax Services, are governed by Dutch law.

• The court in the district where WM FinEx and Tax Services is located has exclusive jurisdiction to rule on any disputes between the Client and WM FinEx and Tax Services, unless the law stipulates otherwise.