Terms and Conditions
Article 1. Definitions
The definitions included in these General Terms & Conditions are described below:
B.T.W. | Value Added Tax or VAT |
Business tax administration | A broad range of support functions for business owners. Covers services like bookkeeping, generating invoices, VAT and profit tax filing, and provision of financial statements. |
B.V. | Limited liability company (Besloten Vennootschap) |
Cap amount | Maximum liability amount of € 500 |
Client | A customer or someone who receives services. A client is a natural person in the case of a consumer service. The client is a business entity in the case of business-to-business service |
Eenmanszaak | Sole Trader or self-employed business entity sometimes referred to as ZZP |
Holding Company Silo | The company structure comprised a holding company and an operational company. |
KvK | Kamer van Koophandel or Dutch Chamber of Commerce |
MyBlue Page | A personal portal or web page at www.blueumbrella.nl/myblue, A personal portal providing personalized capabilities to the client and providing a pathway to other content |
Notice period | The period between the time that the termination notice is given and the time that the termination happens. This period is one month unless differently mentioned in the agreement |
Public website | Publically available website www.blueumbrella.nl |
Service Provider | Tax administration agency Blue Umbrella Company B.V. registered in the Dutch Chamber of Commerce under no. 34331176. |
Start Date | The start date defined on the agreement or acceptance of the applicable service conditions |
Tax Office | Refers to the Dutch belastingdienst (tax office or tax authority) unless explicity otherwise stated |
Termination notice | Written advanced notification of termination of the agreement |
VPB | VennootschaPsBelasting (corporate tax) |
Article 2. General
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The client is familiar with Service Provider’s procedures.
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Service Provider acts as an intermediary agency for private and business tax administration.
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The Service Provider communicates with Clients in English.
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The client is in all circumstances liable for penalties and interest expenses charged by the Dutch Tax Office. These charges cannot be reversed by Service Provider.
Article 3. Payments by direct debit
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Monthly subscription fees will be collected per direct debit method on set dates of the month.
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Service Provider notifies Client per email, at least three days in advance, about any direct debit collections, specifying collection date and amount.
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If the direct debit fails, the payment obligation will nonetheless continue to apply.
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The client is entitled to request a repayment of the amount deducted by direct debit within one month. However, the payment obligation will nonetheless continue to apply.
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The client is obliged to continue to ensure that there are sufficient funds available in his/her bank account to allow the direct debit to succeed.
Article 4. Invoices and payment terms
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Invoices are made available on a personal online portal (MyBlue Page), which is exclusively accessible by the client.
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The client will receive access codes to his or her MyBlue Page upon registering for a service.
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The Service Provider has a payment term of 14 days following the date recorded on the invoice.
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The client will be in default once the payment term has expired.
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A surcharge of € 10 will be applied for every failed direct debit.
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A surcharge of € 25 will be applied for every failed second attempt direct debit.
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Where payment has not been made within the period referred to in the payment reminder, Service Provider will charge interest on the account from the payment expiry date. The interest rate will be equivalent to the statutory interest rate.
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Notwithstanding the stipulations in sub 3-7 of this article, Service Provider may choose to offer alternative payment terms.
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The Service Provider reserves the right to terminate the agreement if the client’s payments are in arrears for two or more months. All services will then be suspended.
Article 5. Payment default
- Where there is a default in payment, Service Provider will reserve the right to employ third parties to recover the amounts owed which are still outstanding.
- Service Provider will charge € 65 (VAT excl.) for administration costs for payment arrears beyond two months.
- All extrajudicial costs incurred will be charged to the defaulting client. The extrajudicial costs, with a minimum of € 250, for recovering payments, will amount to at least 15% of the payments which are still owed.
Article 6. Changes to charges
Service Provider reserves the right to alter its fee or charge. The service provider will inform the client at least one month in advance of any changes in charges.
Article 7. Refund policy
The refund policies are different depending on the status of the service request.
- The Client can request a refund from the Service Provider for unserviced requests purchased less than 48 hours ago;
- Refund requests for services the Service Provider is working on (e.g. setting up an account or engaging with the tax office on Client's behalf) but has not finished are partially refundable, provided the service was purchased less than 48 hours ago;
- Refund requests made after 48 hours and no longer than 120 hours after purchase are 50% refundable for unserviced requests;
- Refund requests made to the Service Provider after 120 hours are not eligible;
- Administration cost of €5 (€10 for refunds through credit card or Paypal) applies to any given refund;
- Refund requests have to be made in writing to info@blueumbrella.nl.
Article 8. Disputes
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Disputes between Client and Service Provider about the creation or the execution of this agreement could be settled by the independent arbitration committee; Complaints Administration, contact form www.blueumbrella.nl/complaints
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Disputes must be reported within 6 months after the Client informed Service Provider about the complaint
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Dispute conclusions made by the arbitration committee are binding to Service Provider
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Irrespective of the arbitration committee’s conclusion, the Client may start a litigation procedure with a Dutch court in case of any unresolved disputes
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Dutch law is exclusively applicable to all services provided by the Service Provider including any of its agreements.
Article 9. Conditions for providing personal or business tax administration service
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Service components:
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Providing calculations on the basis of information provided by the client
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Preparing tax filings based on the calculations
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Communicating changes in the client’s personal situation to the Dutch Tax Office at the client’s request;
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Updating tax administration details of the client to the Dutch Tax Office per his or her request
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In relevant cases lodge an appeal with the Dutch Tax Office to correct tax administration details with the Dutch Tax Office
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Service Provider adheres to the submission dates provided by the Tax Office in providing its service, in so far as the provision of details by the client allows this.
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The Service Provider requires the client to continue to provide correct and complete information on time. Service Provider will under no circumstances accept liability for consequences following incorrect information and/or delayed information being provided to Service Provider. The client is solely responsible for providing information to Service Provider truthful, complete, timely, and in full
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The Service Provider is not liable for the correctness and completeness of the information provided
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Service Provider is under no circumstances liable for damages following from information either partially or wholly incorrect and/or incomplete and/or information not provided on time by the client.
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Service Providers may request additional, written information from the client in order to ensure an optimal service provision. The Service Provider will be entitled to postpone its service provision (temporarily) if this information is not provided.
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Service Provider is under no circumstances liable for decisions and/or conditions imposed by the Tax Office.
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The level of surcharges reported by the Service Provider should always be considered indicative only. The Tax Office will determine the level of surcharges. In this respect, Service Provider is under no circumstances liable for any damage following from a potential difference between the level of tax return or allowance communicated by the Service Provider and that by the Tax Office.
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Service Providers’ clients should be able to provide proof of identity that is valid in the Netherlands.
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The Service Provider’s liability is limited to Cap Amount for any demonstrable damage consequent to its service provision.
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The Service Provider will start its services upon receiving the application fee.
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An intake meeting is required prior to signing up for our business tax administration service. The fee for scheduling the intake meeting is non-refundable.
Article 10. Processing Time Guarantee
The Service Provider cannot guarantee the exact amount of time needed for processing the tax filing service due to unforeseen demand, technical issues, or other factors. The Dutch tax office provides a time window of one year for filing taxes, and the Service Provider will make reasonable efforts to complete the tax filing within this timeframe. However, the Service Provider does not assume responsibility for any delays that may occur.Article 11. Interest Charges over Tax Debt Obligations
The Service Provider cannot and does not assume responsibility for any debt tax obligations that may arise during a given tax year. It is the Client's responsibility to ensure that no tax debt obligation is incurred. The Client is responsible for filing and paying a provisional tax provision if they wish to avoid interest charges. The Service Provider will not be liable for any interest charges incurred by the Client due to tax debt obligations.Article 12. Contacting the Dutch Tax Office
Client authorizes Service Provider to act on your behalf until further notice in all matters pertaining to Dutch tax and national insurance and in particular:
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to collect information that is required for the tax return
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to communicate with the tax office and to receive information from them
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to receive electronic copies of tax assessments from the tax office
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to lodge appeals to the tax office if the tax assessment is not in favor of the Client
Every effort has been made to avoid errors or omissions. In spite of this, errors may creep in. Any mistake, error, or discrepancy noted may be brought to our notice which shall be taken care of. It is notified that the Service Provider will not be responsible for any damage or loss of action to anyone, of any kind, in any manner, therefrom. It is suggested that to avoid any doubt, the Client should cross-check all the facts, laws, and contents of the material on the web with original Government publications or notifications.
Article 13. Permission
Unless specifically provided in an additional agreement, Service Provider gives you personally, non-transferable and non-exclusive permission to display on your computer, download, print, and utilize the HTML, text, and other content that is available to you on this site, for non-commercial or educational purposes only. Additionally, you are not authorized, without the written permission of the Service Provider to:
- duplicate, publish, modify or otherwise distribute any material on this site
- modify or create a similar work using the site content
- duplicate, sell, rent, resell or exploit for any commercial purposes any part of this site, use of this site, or access to the site
- establish a link to this site or any location on this site
- access the site by any means other than through the HTML or other interface that is provided by Service Provider, for use in accessing this site
- use this site to perform any illegal activities
Additionally, you agree to obey all applicable local and federal laws and regulations and you are responsible for any activity that occurs under password and username and you agree that Service Provider can terminate your password, username, or use of the Site at any time and for any reason.
Article 14. Copyright and Trademark Information
All content on this site is either owned by Service Provider or is used with permission of the owner. By use of this site, we do not grant any license or other authorization to any user of the copyrighted materials, trademarks, service marks, or trade names.
Article 15. Change to MyBlue Page and public website
Service Provider reserves the right to change or discontinue the MyBlue Page and the public website, or any part of it, for any reason and without notice. You agree that Service Provider will not be liable to you or any third party for any modifications to this site.
Article 16. Member Account; Password and Security
You agree that if Service Provider gives you a password and username, you are responsible for maintaining the confidentiality of the password or username. You agree to inform the Service Provider of any unauthorized use of your password or username, or any other security problems that you become aware of. Service Provider accepts no liability for any loss or damage arising from your failure to comply with this part of the agreement.
Article 17. Links to Outside Sites
This MyBlue Page and public website may contain links to third-party website websites (recognizable by a URL different than blueumbrella.nl). We make no representations, warranties, or assurances as to any information on such sites, have no responsibility for their content and are not liable for any damages or injury arising from that content. By using our site to link to another site, you agree and understand that you may not make any claim against Service Provider for any damages or losses, whatsoever, resulting from such use, including the privacy policies of the other site.
Article 18. Disclaimer
Service Provider disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability, or availability of information or material contained on the site. We further disclaim any responsibility for the deletion, failure to store, miss-delivery, or untimely delivery of any information or material in respect of the site or the use thereof.
Processing times for services provided by Service Provided may deviate from the timelines indicated during peak times, such as the period just before the tax filing due date. In extreme situations and due to force majeure events the service provided can be disrupted, delayed, or canceled. No responsibility or liability is accepted during such events.
Article 19. Indemnification
You agree to indemnify and hold the Service Provider, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney fees, arising out of or relating to user content you submit, post to or transmit through the MyBlue Page or public website, or your violation of any rights of any other person in connection with the MyBlue Page or public website.
-Article 20. Tax Correspondence Service – Blue Envelope
Service descriptionBlue Envelope includes the following service:- You agree to have Blue Umbrella receive all your Dutch Tax Mail (from the Dutch Tax Office)
- Blue Umbrella opens, reads and archives your Dutch Tax Mail, and an electronic copy will be plced on your MyBlue page.
- Blue Umbrella will not send you hard-copies per regular and/or registered mail.
- Blue Umbrella may exclude generic mail providing general information about the Dutch tax system which has no direct effect on your personal case.
Communication and notifications
- Blue Umbrella informs you - in English- about the request or information from the Dutch Tax Office.
- Advisory or consultancy services are excluded from the Blue Envelope service. Blue Umbrella does not correspond about the background, reason, origin, or timelines related to any request made by the Dutch Tax Office.
- The primary mode of communication to inform you about new mail from the Dutch Tax Office is the email address you provided to Blue Umbrella. Blue Umbrella does not accept responsibility for notifications not received by you due to an invalid, expired, malfunctioning, or otherwise undeliverable email.
- Blue Umbrella is not responsible if the client fails to timely follow-up on a request from the Dutch Tax Office.
Service duration and termination
- The Blue Envelope service is primarily offered as a yearly subscription. It is valid for one year (12 months).
- Alternatively, clients can opt for a monthly subscription.
- A one-month notice applies for both yearly and monthly subscriptions.
Article 21. Applicable Law
Dutch law is exclusively applicable to all services provided by Service Provider including its agreements.
Article 22. Termination
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The agreement started with the Start Date
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The agreement is concluded for an indefinite period
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The agreement can be terminated by sending a written termination notice to Service Provider.
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The termination date is set after applying the notice period, calculated from the first day of the month following the notice
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The agreement terminates immediately if the client enters into administration or defaults
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The agreement terminates if a client dies (natural person) or is deregistered (business entity)
Article 23. Privacy Statement
- The Service Provider complies with the Data Protection Act [Wet bescherming persoonsgegevens]
- The Service Provider’s privacy policy is available for review on its website at www.blueumbrella.nl/privacy-policy
- The client is required to approve with Service Provider’s privacy statement in order to receive services
- Approval of the Service Provider’s privacy policy is provided through the Client’s MyBlue Page upon his or her first visit
Article 24. Alterations to the General Terms & Conditions
Service Provider reserves the right to alter these General Terms & Conditions at any time. Clients will be informed of these changes through publication on its website pages. Changes will be immediately applicable unless otherwise described.
Terms and Conditions. 12 July 2023, 14.00