General terms and conditions
General provisions are applicable to the assignments performed by the company BELANA Financial Management
A. General provisions
These general provisions cover the following:
- Ordering customer: the natural or legal person who gives assignment to the service provider to carry out certain services or working activities.
- Services: all the services necessary to perform the abovementioned assignment, which can be handed over to another party. Abovementioned is interpreted in the broadest sense of the word and includes in any case the services as they are described in the acknowledgement of the assignment.
- Documents: all the goods including the documents or data handed over by the ordering customer to the service provider which are necessary to perform the contract, described in the assignment.
- These general provisions are to be applied to all agreements between the ordering customer and the service provider to perform the necessary working operations. Any modifications in these provisions are to be acknowledged by the service provider emphatically in writing.
- These general provisions are to apply to all the contracts between the ordering customer and the service provider so far as this is not in contradiction with these general provisions. In the case of any doubt or contradiction the preference is given to the general provisions of the service provider.
- These general provisions are still effective even if the user changes fully or partly its name, juridical form or owner.
C. The start and duration of the agreement
- The agreement starts at the moment of the signing the confirmation by the ordering customer, which the service provider has received and signed at his turn.
- Both parties are free to use other means for carrying out the contract.
- On mutual wish the parties can conclude the verbal agreements.
- Unless otherwise expressly determined by the kind of the goal of the given task, the contract is not limited in time.
D. Data of the ordering customer
- The ordering customer provides the service provider with all the necessary data and documents needed for the appropriate performance of the demanded service in proper time and in the appropriate way and form.
- The service provider is entitled to postpone the performance of his service till the moment when the ordering customer has fulfilled his obligations mentioned in the previous paragraph.
- At the requirement of the ordering customer the documents submitted to the service provider mentioned in the article N are to be returned to the ordering customer.
E. Performance the services
- The service provider determines the way to perform the task. The service provider takes into consideration the notices of the ordering customer timely submitted to him.
- The service provider is entitled to perform certain services by some chosen person or third party without reporting to the ordering customer if according the service provider it will bring the best results at the performance of the services demanded.
- The service provider performs the task in accordance with the appropriate regulations and professional rules.
- If during the performance of the order the service provider applies some working operations, not included in the provisions of the agreement with the ordering customer and in the acknowledgement of the order, in this case the administration of the service provider is to submit the special notices with confirmation that these separate operations are performed at the certain agreement with the ordering customer and are performed due to the technical or production reasons. The notices mentioned are to confirm the intermediate agreements between the ordering customer and the service provider.
- Unless otherwise expressly mentioned the performance of the order is not aimed to reveal the embezzlement. If during the performance of the services some breach takes place the service provider immediately reports this to the ordering customer. In this case the service provider is entitled to fulfil the rules and regulations of the special legislative organisations against law violation.
F. Confidentiality and exclusiveness
- The service provider is to keep the confidentiality concerning the third parties who are not involved in the performance of the task of this contract. The confidentiality concerns all the secret information delivered by the ordering customer, which is necessary to achieve the proper results. The rules for confidentiality are not to apply to the legislative or professional regulations about information obligations, which are to be followed by the service provider.
- The service provider is entitled after processing the figures result, if only they are not coming from the individual order customers, to compare it with the statistical or other comparable data.
- With the exception of the provision mentioned in the previous paragraph, the service provider is not entitled to use the information delivered to him by the ordering customer for achieving the other goals than those determined in this contract.
G. Intellectual property protection
- The service provider preserves all rights for intellectual property protection, which he uses or used for performance the agreement with the ordering customer as far as the results of the intellectual activity exist legally or are created.
- It is strictly forbidden for the ordering customer as well as for the third parties to multiply, to publish or to use (exploit) the products such as computer programmes, system designs, technological methods, advices, (model) contracts or other results of intellectual activity.
- It is forbidden for the service provider to submit the above listed to the third parties with the exception of the information from scientific sources about the working operations of the service provider.
H. Force majeure
- If the service provider can not perform his obligations for this contract or fails to fulfil it in time or in appropriate way due to unforeseeable circumstances, that prevent the performance the services in the technological process inside his production plant, these obligations can be delayed until the moment, that the service provider is able to perform the obligations of the contract.
- In case, mentioned in the previous paragraph, the ordering customer is entitled to terminate the agreement fully or partly immediately by notice to the other party.
- The service provider is entitled before the start of the working operations and in between to postpone the performance of his services till the moment, when the ordering customer reimburses the reasonable and fairly agreed fee as the advance payment for the service performance as well as the insurance for this.
- The fee for the service provider does not depend on the result of the task and is calculated according usual tariffs of the service provider for the performance of this contract with the ordering customer.
- The service provider informs his partner about the hour rate of the payment. This rate does not include the expenses such as travel expenses, mail and office expenses. The last ones are to be presented with the separate declaration to the customer at the moment when these expenses take place.
- The fee of the service provider, if necessary increased by the amount of advance payments and declarations of the third parties, including as well the tax on turnover per month, quarter (three months) or year or after performance of all the services are to be reimbursed by the ordering customer.
- The fee are adjusted annually at the start of the year according the inflation index by 3%.
- The payments are to be carried out during 14 days after the date of the bill in Dutch currency in the office of the service provider or by bank transfer at the bank account of the service provider. The payment is made for the performed service and due to this the ordering customer has no right for any discount or debt settlement.
- If the ordering customer failed in payment in agreed time or during the period which was later agreed on, this is to be considered as a breach of the obligations, and the service provider is entitled without any additional requirements or reminders of payment from the date of the finishing the payment to charge additional legal percentage from the ordering customer up to the date of complete termination of the services, or to take other legal measures.
- All expenses for the legal and additional requirements of the payments are to be compensated by the ordering customer. Additional expenses above legal ones are calculated as 15% of the required amount.
- In the case of several ordering customers all of them are responsible for payment for the provided service according the bill.
- Any reclamation relating to the performed service and/or the bill are to be sent to the service provider during 30 days after date of mailing the documents or information of the ordering customer relating to his claim. Besides if the ordering customer convincingly (earnestly) proves that he could not find the damages earlier he reports this to the service provider during 30 days.
- The reclamation mentioned in the previous paragraph does not exempt the ordering customer from the payment obligation.
- The reclamation not timely reported to the service provider cancel the right of the ordering customer for the damage compensation.
- All the direct damages for the ordering customer by the failure of appropriate performance of his order or not performing the order at all or not timely performed are to be compensated by the service provider at maximum- i.e. triple amount of the fee for this order for the last calendar year if the failure is not caused by the deliberately actions or gross violation of the obligations. The service provider is not responsible for the damage caused by the incorrect or not full information submitted by the ordering customer.
- All kinds of indirect damages which cause the delay of the normal technological process at the production plant of the ordering customer related or caused by the incorrect performance of the service provider are not to be compensated.
- The service provider is always entitled as far as it is possible to avoid the damage for the ordering customer.
- The service provider is not liable for the damage or loss of the documents during transportation or mailing regardless who was to fulfil the transport or sending the documents: ordering customer, service provider or third party.
- There is no mention of the correct and full transfer of the contents of the e-mail or fax or for receiving them in time.
- The ordering customer protects the service provider from the claims of the third parties caused by the incorrect or not full information for the service provider unless the ordering customer proves that the damage is not related to the failure in performance deliberately or gross violence of the rules by the service provider. The above mentioned is not applicable if the order demands the analyses and checking out the year account in accordance with the Civil Code article 393, volume 2.
- The ordering customer and service provider are entitled to cancel the agreement at any moment. If the contract is to be cancelled before the performance of the task is carried out, the provision of the article I paragraph 2 is to apply.
- Both parties are to be informed of the cancellation in writing.
- If the serving provider cancels the contract, he is obliged to inform the other party of the reasons for this cancellation and has to undertake the measures, which are in these circumstances important for the other party.
N. The right to delay
- The service provider is entitled to delay the performance all his obligations that means the handing over the documents or other goods to the ordering customer or to the third parties, until all the obligations of the ordering customer are fulfilled.
- Above mentioned is not to apply to the working operations or documents handed over by the ordering customer, which are still not processed by the service provider.
O. Applicable legislation and court of law
- For all the agreements between ordering customer and service provider the Dutch legislation norms are to apply.
- All disagreements between the ordering customer and service provider for which these provisions are to apply and which are beyond the competence of the Justice of the peace are to be solved in the District Court at the location of the service provider if it is not related to the production plant or claim of the ordering customer.
- The ordering customer is entitled to follow the process of the disciplinary court.
Belana - Hengelo
Windestraat 17 A
7559 HS Hengelo
+31(0)85 - 5400100
+31(0)85 - 5400100 (press 5)
Belana - Enschede
7521 ZV Enschede
+31(0)85 - 5400100
+31(0)85 - 5400100 (press 5)
+31(0)6 - 411 936 77