1. Definitions
1.1. Client: the person or organisation engaging the Contractor to perform services.
1.2. Contractor: Farshad Bashir, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 86776703.
1.3. Services: all services and activities performed by the Contractor as part of the agreed engagement.
1.4. Agreement: the arrangement between the Client and the Contractor regarding the performance of the Services.
2. Applicability
2.1. These Terms and Conditions apply to all agreements between the Client and the Contractor, unless otherwise agreed in writing.
2.2. Any terms and conditions of the Client shall not apply unless expressly accepted by the Contractor in writing.
2.3. These Terms and Conditions also apply to additional and follow-up engagements.
3. Formation and Termination of the Engagement
3.1. The Agreement is concluded once the Client instructs the Contractor and the Contractor accepts the engagement. Acceptance may be given verbally, by telephone, in writing or by email.
3.2. The engagement ends once the agreed Services have been completed, unless the parties have agreed otherwise.
3.3. The Client may terminate the engagement before completion. In that event, the Contractor is entitled to invoice the Services already performed and any costs incurred.
4. Information Provided by the Client
4.1. The Client shall provide all information and documents necessary for the performance of the engagement in a timely and complete manner.
4.2. The Client is responsible for the accuracy and completeness of the information provided, including information obtained from third parties.
4.3. The Contractor may rely on the accuracy and completeness of the information provided, unless it is evident that such information is incorrect or incomplete.
4.4. The Contractor is not responsible for delays or adverse consequences resulting from the Client’s failure to provide information, or from providing it late or incompletely.
5. Fees and Payment
5.1. Fees for the Services shall be agreed in advance. Unless otherwise agreed, a fixed fee applies.
5.2. If additional work becomes necessary that cannot reasonably be considered part of the agreed fee, the Contractor will inform the Client in advance of the additional costs.
5.3. Invoices are payable within fourteen days of the invoice date, unless a different payment term has been agreed in writing.
5.4. If an invoice is not paid on time, the Contractor may, after sending a payment reminder, charge statutory interest and any debt collection costs permitted by law.
5.5. The Contractor may adjust his rates from time to time. A revised rate does not apply to Services for which a fixed fee has already been agreed, unless the parties agree otherwise.
6. Confidentiality and Personal Data
6.1. The Contractor shall treat all information provided by the Client as confidential.
6.2. Such information will only be used for the performance and completion of the engagement and for obligations directly related to it.
6.3. Information may be shared with the Dutch Tax Administration, other competent public authorities or service providers where this is necessary for the performance of the engagement or where the Contractor is legally required to do so.
6.4. The Contractor’s Privacy Policy applies to the processing of personal data.
7. Performance and Liability
7.1. The Contractor shall perform the Services with due care, to the best of his ability and in accordance with the agreed arrangements.
7.2. The Contractor undertakes a best-efforts obligation and does not guarantee any specific tax outcome, assessment, refund, decision or processing time of any public authority.
7.3. The Contractor may engage third parties or external service providers where reasonably necessary for the performance of the engagement.
7.4. The Contractor shall not be liable for any damage resulting from incorrect, incomplete or late information provided by the Client.
7.5. The Contractor shall not be liable for any damage resulting from delays, disruptions or decisions of the Dutch Tax Administration, other public authorities, software providers or other third parties beyond his reasonable control.
7.6. Any liability of the Contractor is limited to the amount paid out in the relevant case under the Contractor’s professional liability insurance, plus the applicable deductible.
7.7. If, for any reason, no payment is made under the professional liability insurance, the Contractor’s liability shall be limited to twice the fee charged for the relevant engagement, with an absolute maximum of €2,500.
7.8. The limitations of liability set out in this Article do not apply where the damage results from intentional misconduct or deliberate recklessness on the part of the Contractor. Any mandatory statutory rights of consumers remain unaffected.
8. Governing Law and Disputes
8.1. All agreements and legal relationships between the Client and the Contractor are governed exclusively by Dutch law.
8.2. The parties shall first attempt to resolve any dispute through mutual consultation before submitting it to the competent court.