1. Kraaijeveld Coppus Koelewijn Accountants & Advisors B.V. hereinafter to be referred to as “KCK A&A BV”, is a limited liability company established under the laws of the Netherlands, with registered seat in Amsterdam, registered at the Trade Register with file number 80960146.

 

  1. These general terms and conditions govern the provision of services by KCK A&A BV. These general terms and conditions also relate to:
  • all associates, employees and others who are in whatever way working for or in the employment of or related to KCK A&A BV;
  • all shareholders, directors, legal representatives of KCK A&A BV.

 

  1. Under exclusion of the Articles 7:404, 7:407 sub 2 and 7:409 of the Dutch Civil Code, all work shall be exclusively accepted and performed by KCK A&A B.V..

 

  1. Any liability of KCK A&A B.V. shall be limited to the amount that is paid out in the particular case under the professional liability insurance policy it has entered into, plus the amount of the own risk deductible that is not payable by the insurer under the conditions of the policy. If for whatever reason no amount is paid out under the insurance policy, all liability is limited up to the amount that KCK A&A B.V. has billed in the particular case, with a maximum liability of € 30,000. Information concerning the professional liability insurance will be made available upon request. Any claim against KCK A&A B.V. and/or against the parties mentioned in article 2 of these general terms and conditions expires and is waived 12 months after the claimant-party is aware or should have been aware of the fact which caused the damage.

 

  1. In connection with its services, KCK A&A B.V. is authorised to use the services of third parties. KCK A&A B.V. is not liable for any shortcomings on the part of such third parties.

 

  1. The performance of the services rendered is exclusively for the benefit of the client. Third parties have no rights or claims whatsoever related to such performance of services. The client herewith holds KCK A&A B.V. harmless against all claims of third parties (including but not limited to employees of KCK A&A B.V.) for loss or damages

 

  1. The exclusions of liability described in these general terms and conditions also apply without exception to the improper functioning of equipment, software, databases, registers or other means used by KCK A&A B.V. in the performance of its services as well as to any interception of audio and/or data transmissions by telephone, telecopier or e-mail. All e-mail, data transmissions, audio transmissions, fax and telephone communications are unencoded unless the client explicitly requests such in writing.

 

  1. Payment must be made in the manner as stated in the invoice. If payment is not made, the client shall be in default by operation of law and shall owe overdue payment interest equal to the applicable statutory interest. The costs of collection measures, at a minimum 10% of the outstanding balance, shall be charged to the client.

 

  1. Prior to or in order to continue its provision of services, KCK A&A B.V. shall at all times be entitled to demand from the client one or more advance payments, which may be set off. In the event of default of payment of same, KCK A&A B.V. shall be authorised after prior notification to not commence, to suspend, or to cease its work.

 

  1. If the agreement for the provision of services is terminated the general terms covering the liability of KCK A&A B.V. will survive and remain in full force between the client and KCK A&A B.V..

 

  1. KCK A&A B.V. is authorised to remove and destroy files and the documents contained therein from its archives without notice, in the event 10 years or more have passed after the relevant case, handled by the firm and/or by the parties mentioned in article 2 of these general terms and conditions, has been closed.

 

  1. The client is obligated to provide all the data and information requested by KCK A&A B.V., as well as the data and information that the client can reasonably know that KCK A&A B.V. needs for the correct performance of the services under this agreement.

 

  1. The client guarantees the accuracy, completeness, reliability and legitimacy of the data and information provided to KCK A&A B.V. by the client or on the client’s behalf, also if this data and information have been provided through a third party or originate from a third party, unless the nature of this agreement provides otherwise.

 

  1. The client is obliged to immediately inform KCK A&A B.V. with respect to facts or circumstances that could be important in connection with the performance of this agreement.

 

  1. KCK A&A B.V. has the right to suspend the performance of the agreement until the time that the client has fulfilled the obligations referred to in the clauses 11, 12 and 13.

 

  1. Extra costs, extra hours, and other damages that arise for KCK A&A B.V. because the client has not fulfilled the obligations referred to in the clauses 11, 12 and 13, are for the expense and risk of the client.

 

  1. In providing KCK A&A B.V. with personal data, the client shall abide by the General Data Protection Regulation (Algemene Verordening Gegevensbescherming) and other applicable regulations and legislation concerning the protection of personal data.

 

  1. In performing the assignment, KCK A&A B.V. shall abide by the General Data Protection Regulation and other applicable regulations and legislation concerning the protection of personal data in accordance with its privacy statement as accessible on KCK A&A B.V.’s website as may be amended from time to time.

 

  1. If necessary, the client and KCK A&A B.V. shall conclude a processing agreement.

 

  1. KCK A&A B.V. shall take suitable technical and organisational measures to secure the personal data against destruction, loss and unauthorised access.

 

  1. The client agrees to the fact that, in order to provide and optimise the service, KCK A&A B.V. will work with third parties such as ICT service providers and suppliers of administration tools, and will share personal data with third parties in this context.

 

  1. KCK A&A B.V. shall protect the confidentiality of the information of the client which has become available to KCK A&A B.V. in the course of its performance of services, except with the prior written consent of the client or as provided in clause 22 below.

 

  1. Notwithstanding the clause 21 above, KCK A&A B.V. may disclose and report or use confidential information without the client’s prior written consent to the extent that such information: (i) is already publicly available or becomes publicly available, other than through the wrongful act or omission of KCK A&A B.V. or (ii) is required to be disclosed or reported under applicable laws or by any order, decree, regulation or rule of any court or state, EU or international body.

 

  1. KCK A&A B.V. is authorized to use the services of third parties and will share information with these parties insofar it is necessary for the performance of their duties. KCK A&A B.V. will extend its own confidentiality obligation based on this article to said third party.

 

  1. If KCK A&A B.V. is obliged to disclose or report confidential information to a court or state, EU or international body, KCK A&A B.V. shall promptly so inform the client, unless such disclosure to the client is prohibited or restricted by applicable legislation or the court or state, EU or international body.

 

  1. The provision of services by KCK A&A B.V. shall be exclusively governed by Dutch law. Disputes shall be exclusively resolved by the competent Dutch court.

 

  1. If parties cannot, not in a timely manner, or not properly fulfil the obligations under the Agreement resulting from force majeure within the meaning of Section 75, Book 6 of the Civil Code, these obligations will be suspended until the time when parties will be able to fulfil these in the agreed manner.

 

  1. In the event that the situation occurs as referred to in clause 26, parties will have the right to terminate this agreement, wholly or in part, in writing and with immediate effect, without the right to any compensation existing.

 

  1. If at the occurrence of the force majeure situation the client has already partially fulfilled the agreed obligations, KCK A&A B.V. will be entitled to in the interim separately invoice the executed services, and the client must pay this invoice as if it concerned a separate service.

 

  1. These general terms and conditions have been drafted in the Dutch and English languages and have been deposited with the Trade Register of the Chamber of Commerce in Amsterdam under number 80960146. The Dutch text of the terms and conditions shall prevail over the English text. These general terms and conditions are also available for inspection at the reception desk of the offices of

 

KCK A&A B.V. in Amsterdam at Zuidplein 88.

Amsterdam, January 2021