Terms and Conditions

 

Version: 2.0
Date: 24 August 2026

Article 1 – Definitions

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

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

3. Agreement: any agreement between Balancify and the Client concerning the services provided by Balancify.

4. Services: all services 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 from these General Terms and Conditions are only valid if agreed upon in writing.

3. Any general terms and conditions of the Client are expressly rejected.

4. If any provision of these General Terms and Conditions is null, void or unenforceable, the remaining provisions shall remain in full force and effect.

Article 3 – Quotations and Formation of the Agreement

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

2. All stated prices are exclusive of VAT, unless expressly stated otherwise.

3. Obvious errors, mistakes or typographical errors in quotations or other communications from Balancify do not bind Balancify.

4. An Agreement is concluded upon acceptance by the Client and confirmation by Balancify, or as soon as Balancify commences performance of the Services with the Client's consent.

Article 4 – Performance of the Agreement

1. Balancify shall perform the Services to the best of its knowledge and ability and shall act with the care that may reasonably be expected from a competent and professional service provider.

2. Balancify is subject to an obligation of best efforts and does not guarantee any specific result, unless expressly agreed otherwise in writing.

3. Balancify is entitled to engage third parties for the performance of the Agreement.

4. Any stated or agreed deadlines are indicative, unless expressly agreed in writing to constitute a strict deadline.

5. The Services are not specifically aimed at detecting fraud, irregularities or other unlawful acts, unless this is expressly included in the agreed Services.

Article 5 – Obligations of the Client

1. The Client shall provide Balancify in a timely manner with all data, documents and other information that is necessary or reasonably relevant for the performance of the Agreement.

2. The Client is responsible for the accuracy, completeness and reliability of the data and information provided.

3. Balancify may rely on the accuracy and completeness of the information provided by or on behalf of the Client, unless Balancify knows or reasonably should know that such information is incorrect or incomplete.

4. Delays, additional Services, interest, penalties or other adverse consequences resulting from the Client's failure to provide information, or from providing information late, incorrectly or incompletely, shall be at the Client's expense and risk, insofar as such consequences are not attributable to Balancify.

5. The Client remains responsible for providing in a timely manner all information required for tax returns, applications and other statutory obligations.

6. The Client shall review tax returns, calculations and other documents submitted by Balancify for approval and shall notify Balancify of any inaccuracies or omissions as soon as possible.

Article 6 – Authorisation for the Dutch Tax and Customs Administration

1. During the term of the Agreement, the Client authorises Balancify, insofar as this falls within the agreed Services, to communicate with the Dutch Tax and Customs Administration (Belastingdienst) on behalf of the Client, exchange tax-related information and perform tax-related actions.

2. This authorisation includes, insofar as applicable to the agreed Services:

   • preparing and filing tax returns;

   • applying for and amending provisional tax assessments;

   • requesting extensions for filing tax returns;

   • requesting deferral of payment;

   • requesting and providing tax-related information;

   • corresponding with the Dutch Tax and Customs Administration;

   • filing and handling objections; and

   • performing other tax-related actions that are reasonably necessary for the performance of the agreed Services.

3. Balancify shall use this authorisation solely for the performance of the Services agreed with the Client.

4. This general authorisation does not replace any separate, specific, digital or registered authorisation where such authorisation is required for a particular service or action by the Dutch Tax and Customs Administration, Logius, or pursuant to applicable laws and regulations. Upon request, the Client shall provide the cooperation reasonably necessary to establish such an authorisation.

5. The Client may revoke this authorisation in writing. The authorisation also automatically terminates upon termination of the Agreement. Revocation may result in Balancify being unable to continue performing certain Services.

6. Unless otherwise provided by applicable laws and regulations, the Client remains responsible for their own tax obligations and for the accuracy and completeness of the information provided to Balancify.

Article 7 – Fees and Costs

1. All fees are stated in euros and are exclusive of VAT, unless stated otherwise.

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

3. Balancify is entitled to request an advance payment before commencing or continuing the Services.

4. Balancify is entitled to adjust its fees if cost developments, changed circumstances or changes in the scope or nature of the Services give reason to do so. The Client will be informed in advance.

Article 8 – Payment

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

2. If direct debit is not possible or fails, the Client must pay the amount due within 7 days of the invoice date or payment request.

3. In the event of late payment, the Client shall, insofar as permitted by law, owe the applicable statutory interest.

4. Extrajudicial collection costs shall be charged in accordance with the applicable statutory rules.

5. Balancify is entitled to suspend its Services if the Client fails to meet their payment obligations on time, insofar as this is reasonable in the circumstances.

Article 9 – Complaints

1. Complaints regarding the Services performed must be submitted to Balancify in writing as soon as possible after the Client discovers, or reasonably should have discovered, the alleged deficiency.

2. Submitting a complaint does not suspend the Client's payment obligation, unless mandatory law provides otherwise.

3. If a complaint is justified, the Client shall give Balancify the opportunity to remedy the deficiency within a reasonable period, where remedy is possible.

4. If remedy is not possible or reasonable, the parties may agree on another appropriate solution.

Article 10 – Liability

1. Balancify shall only be liable for direct damage that is the direct result of an attributable failure by Balancify in the performance of the Agreement.

2. Balancify's liability is limited to the amount paid out under Balancify's liability insurance in the relevant case, increased by any applicable deductible that is payable by Balancify under the insurance policy.

3. If, for any reason, no payment is made under the insurance policy, liability shall be limited to the fees charged by Balancify to the Client under the relevant Agreement during the twelve months preceding the event causing the damage, subject to a maximum of €5,000 per event or series of related events.

4. To the extent permitted by law, Balancify shall not be liable for indirect damage, consequential damage, loss of profit, loss of savings, business interruption or damage resulting from claims by third parties.

5. Balancify shall not be liable for damage, interest, penalties or other consequences resulting from incorrect, incomplete or late information provided by the Client, unless such consequences are also the result of an attributable failure by Balancify.

6. To the extent permitted by law, the Client shall indemnify Balancify against claims by third parties arising from incorrect, incomplete or misleading information provided by or on behalf of the Client.

7. The limitations and exclusions of liability contained in this Article shall not apply insofar as the damage results from intent or deliberate recklessness on the part of Balancify or insofar as limitation or exclusion of liability is prohibited by mandatory law.

Article 11 – Force Majeure

1. If Balancify is wholly or partially unable to fulfil its obligations due to force majeure, those obligations shall be suspended for the duration of the force majeure event.

2. Force majeure includes circumstances beyond Balancify's reasonable control, including disruptions affecting the Dutch Tax and Customs Administration, other government authorities, software providers, hosting, internet or communication services, and other external systems necessary for the provision of the Services.

3. If performance becomes permanently impossible due to force majeure or can no longer reasonably be required, either party may terminate the Agreement in whole or in part without any obligation to pay compensation.

4. Services already performed may be invoiced separately.

Article 12 – Term and Termination

1. The Agreement is entered into for the agreed term. If no term has been agreed, the Agreement shall be deemed to have been entered into for an indefinite period.

2. An Agreement for an indefinite period may be terminated in writing with one month's notice, unless otherwise agreed in writing.

3. Upon termination, Balancify is entitled to invoice all Services performed and costs incurred up to the date of termination.

4. Balancify is entitled to suspend or terminate the Agreement in whole or in part if the Client materially fails to comply with the Agreement after having been given a reasonable opportunity to remedy the failure.

5. If the nature or seriousness of the failure makes remedy or continuation reasonably impossible, Balancify may terminate the Agreement with immediate effect.

6. Balancify is entitled to terminate the Agreement if continuation of the Services would be contrary to applicable laws or regulations or if Balancify cannot reasonably continue the Services due to its statutory obligations.

7. Following termination, the Client shall provide the cooperation reasonably necessary to terminate any registered or ongoing authorisations granted to Balancify. Balancify shall, insofar as this is within its control, likewise cooperate in terminating such authorisations.

Article 13 – Intellectual Property

1. All intellectual property rights relating to models, methods, documents and other materials developed or made available by Balancify shall remain vested in Balancify or the relevant rights holder.

2. The Client may use documents and results provided by Balancify for the purpose for which they were provided under the Agreement.

3. Without Balancify's prior written consent, materials subject to Balancify's intellectual property rights may not be reproduced, disclosed or made available to third parties for other purposes, unless this is necessary for their normal intended use.

Article 14 – Privacy and Data Processing

1. Balancify processes personal data in accordance with applicable privacy legislation and its Privacy Policy.

2. Depending on the nature of the processing, Balancify may act as a data controller or data processor.

3. Where required under applicable laws and regulations, the parties shall enter into a data processing agreement.

4. The Client warrants that any personal data provided to Balancify has been lawfully obtained and may lawfully be provided to Balancify.

Article 15 – Confidentiality

1. Balancify shall treat confidential information received in connection with the Agreement as confidential.

2. Confidential information shall only be used insofar as necessary for the performance of the Agreement, Balancify's business operations or compliance with statutory obligations.

3. The confidentiality obligation shall not apply insofar as Balancify is required to disclose information pursuant to applicable laws or regulations, a court order or an obligation towards a competent supervisory authority or government authority.

4. Balancify may disclose confidential information to third parties engaged by Balancify insofar as this is necessary for the performance of the Agreement and such third parties are subject to appropriate confidentiality obligations.

Article 16 – Governing Law and Jurisdiction

1. All Agreements between Balancify and the Client are exclusively governed by Dutch law.

2. Disputes shall be submitted to the competent Dutch court in accordance with applicable law.