Terms and Conditions

Article 1 – Definitions

Balancify: the enterprise operating under the name Balancify, established in Silvolde, registered with the Dutch Chamber of Commerce under number 99382520.

Client: any natural person or legal entity who enters into or intends to enter into an agreement with Balancify.

Agreement: any arrangement between Balancify and the Client concerning services.

Services: all activities performed by Balancify under an Agreement.

Article 2 – Applicability

1. These general terms and conditions apply to all offers, quotations, and Agreements of Balancify.

2. Deviations are only valid if agreed upon in writing.

3. The Client’s general terms and conditions are expressly rejected.

4. If any provision is null and void, the remaining provisions shall remain in full force and effect.

Article 3 – Quotations

1. Quotations are non-binding and valid for 30 days unless stated otherwise.

2. Prices are exclusive of VAT.

3. Obvious errors or mistakes do not bind Balancify.

4. An Agreement is concluded upon acceptance by the Client and confirmation or commencement of performance by Balancify.

Article 4 – Performance of the Agreement

1. Balancify shall perform the Services to the best of its knowledge and ability.

2. Balancify does not guarantee any specific result.

3. Balancify may engage third parties in the performance of the Services.

4. Deadlines are indicative unless expressly agreed otherwise in writing.

5. Services are not aimed at detecting fraud unless explicitly agreed upon.

Article 5 – Obligations of the Client

1. The Client shall provide all necessary and accurate information in a timely manner.

2. Balancify may rely on the accuracy of information provided by the Client.

3. Delays resulting from incomplete information shall be at the Client’s expense and risk.

Article 6 – Fees and Costs

1. All fees are stated in euros (€) and exclude VAT.

2. Services are invoiced in accordance with the agreed fixed fee or hourly rate.

3. Balancify may request an advance payment.

4. Fees may be adjusted in case of changed circumstances.

Article 7 – Payment

1. Payment shall be made by direct debit unless agreed otherwise.

2. If direct debit fails, payment must be made within 7 days.

3. In case of late payment, statutory commercial interest shall be due without further notice of default.

4. Collection costs amount to a minimum of 15% of the outstanding amount, with a minimum of €250.

5. Balancify may suspend its Services in case of payment arrears.

Article 8 – Complaints

1. Complaints must be submitted in writing within 10 working days.

2. A complaint does not suspend the payment obligation.

3. If a complaint is justified, Balancify shall, at its sole discretion:

   • remedy or re-perform the Services,

   • apply a reasonable reduction in fees, or

   • partially terminate the Agreement.

Article 9 – Liability

1. Balancify shall only be liable for direct damage resulting from an attributable failure in the performance of the Agreement.

2. Liability is limited to the amount paid out by the professional liability insurer.

3. If no insurance payout occurs, liability is limited to the fees invoiced in the twelve (12) months preceding the damaging event, with a maximum of €5,000 per event or series of related events.

4. Balancify shall never be liable for indirect damage, consequential damage, loss of profit, or claims by third parties.

5. Any claim shall lapse if not submitted in writing within twelve (12) months after discovery of the damage.

6. The Client indemnifies Balancify against third-party claims arising from incorrect or incomplete information provided by the Client.

Article 10 – Force Majeure

1. In the event of force majeure, obligations shall be suspended.

2. If force majeure continues, either party may terminate the Agreement without compensation.

3. Services already performed may be invoiced separately.

Article 11 – Term and Termination

1. The Agreement may be terminated in writing with one month’s notice.

2. In case of early termination by the Client, Balancify is entitled to invoice Services already performed.

3. Balancify may terminate the Agreement immediately in case of non-payment or serious breach.

Article 12 – Intellectual Property

1. All intellectual property rights remain with Balancify.

2. Documents may not be copied or shared with third parties without written permission.

Article 13 – Privacy and Data Processing

1. Balancify processes personal data in accordance with applicable laws and its privacy policy.

2. Depending on the Services, Balancify acts as either data controller or data processor.

3. Where required, a data processing agreement shall be concluded.

4. The Client guarantees that personal data provided has been lawfully obtained.

Article 14 – Confidentiality

1. Balancify shall treat confidential information strictly confidential.

2. Information may only be used for the performance of the Agreement.

3. Exceptions apply where disclosure is required by law.

Article 15 – Governing Law and Jurisdiction

1. All Agreements are exclusively governed by Dutch law.

2. Disputes shall be submitted to the competent court in the district where Balancify is established.