This is a translation of the general terms and conditions of Accountnet.
The translations into Spanish and English are intended to give non-Dutch speakers access to these General Terms and Conditions.
The original Dutch version always prevails over the translations mentioned.
These general terms and conditions apply to all professional services performed by Accountnet and supplement any agreement or agreement or accepted offer between Accountnet and the Customer. These General Terms and Conditions prevail over other agreements made or purchase conditions of the Customer in the event of any discrepancy between them.
In this document it means:
1. “Accountnet”: Accountnet Gestor & Accountancy Services S.L. professional company domiciled at Avenida País Valencia 12 Bajo, 03570 Villajoyosa with CIF No B53121919;
2. “Accountnet Group” means the group formed by Accountnet and the entities associated with it, the details of which can be consulted on www.Accountnet.info at the time of making a proposal;
3. “Customer” is the recipient of the quotation or the purchaser of any service from Accountnet
4. “Proposal” is a service explicitly described in the list of rates (including a separate service description) or an offer made.
5. “Services” are the professional services or products that Accountnet offers.
1.1 The Parties to the legal relationship for the provision of Services are Accountnet and the Client. Said Services will be understood to be intended solely and exclusively for the Client,
not being able to be transferred by it to third parties or used by people other than the Client, except with the express and written authorization of Accountnet.
1.2. In the event of the Customer’s death, his or her rights and obligations automatically transfer to the assignees.
1.3. All activities are always governed by the provisions included in these General Terms and Conditions unless explicitly deviated from a separately drawn-up written contract between the Client and Accountnet. Oral agreements deviate from these general terms and conditions are null and void. Any purchase conditions of the Customer do not replace these general conditions.
1.4. All information provided by the Customer is considered correct and does not require further verification by Accountnet.
1.5. All actions of Accountnet for someone who has not agreed directly with Accountnet do not bind Accountnet.
1.6. Accountnet will carry out its activities in a fair and dignified manner and considers itself bound by the Accountnet code of conduct, of which the Client has received a copy or can download at any time from the website www.Accountnet.info.
2.1 Accountnet will provide the Client with the Services specified in the Proposal issued for each specific assignment or matter. Any modification of the Proposal
must be agreed between Accountnet and the Client and reflected in writing.
2.2 The decision regarding the execution, follow-up or implementation of the advice, advice, opinion or recommendation made by Accountnet within the Services framework is exclusive to the Client, who adopts it at his own risk.
2.3. Accountnet has the right to have Services performed by a third party designated by Accountnet.
2.4. In the case of advice or complete administrative support or services, the fee must be paid is the agreed fee for Work performed and services provided, plus other costs such as local fees, travel costs or disbursements. Insofar as not otherwise agreed, interim price increases of materials or services of third parties, as well as general wage increases or other rate increases, will be charged to the Customer at all times.
2.5. If there is Work or advice on a cost basis or as extra Work so that no fixed amount has been agreed upon, the Client must pay all hours worked times the hourly rate stated in the rate list, increased by the costs incurred for materials used, and the costs for local fees, travel costs, disbursements or other necessary support officers, associated advisors or service providers or Work performed by third parties. It is customary in such cases for Accountnet to request payment of an advance.
2.6. If the said fees are not paid on time, Accountnet has the right to decide not to start or to stop the Work.
2.7. Files, reports, databases or other documents or data produced remain the full property of Accountnet until all payment obligations towards Accountnet have been met. Accountnet has the right to suspend the return of the documents submitted by the Client, such as documents, bank statements, invoices, etc. until full payment has been made.
2.8. Accountnet determines the manner in which the assignment is performed, whereby Accountnet has the right to have certain activities performed by third parties without notifying the Client.
2.9. The execution of the assignment is not specifically aimed at discovering fraud or malpractice unless the parties have expressly agreed otherwise in writing. If the activities provide indications of fraud, Accountnet will report this to the Client. Nor can Accountnet be expected to provide unsolicited advice during the performance of other services, including administrative Work.
2.10. Advice provided to the Customer depends on the quality of the information provided by the Customer or third parties and may lose its value due to changed circumstances or legislation.
2.11. If Accountnet has entered into an agreement with the Customer regarding the use of Accountnet-online, Accountnet grants the Customer the non-exclusive right to use Accountnet-online for the internal business operations of the Customer, for the number of users included in the agreement and number of administrations.
2.12. The right of use commences when the order has been concluded and ends with cancellation from the Client with a notice period of at least 3 months, as well as in the circumstances described in more detail below in Article 2.13 and the articles quoted from Article 2.13.
2.13. The right of use ends by operation of law and with immediate effect at the moment that the Customer informs Accountnet that he is no longer able to meet his/her payment obligations or the moment that the Accountnet Customer has to deduce from the circumstances that the Customer can no longer fulfil his/her payment obligations. Can meet the payment obligations, or if in any period no payment has been made by the due date, or at the moment that (the company of) the Client ceases its activities, is liquidated, is granted a moratorium or is declared bankrupt, or a request submits this to the judicial authorities, or if action is taken contrary to the provisions referred to in Articles 2.14, 2.15, 2.16 and/or 2.17. In these cases, compensation is automatically payable equal to 3 months agreed on monthly instalment, without prejudice to the obligation to immediately pay any payment arrears, plus interest and costs.
2.14. The Customer will not attempt to change the Accountnet-online programs or templates in any way whatsoever and will only use the application in accordance with the provisions of these General Terms and Conditions.
2.15. The Customer may not allow Accountnet-online to be used for the benefit of any other (legal) person than the Customer itself and/or its employees.
2.16. The Customer is expressly not permitted to use Accountnet-online for more administrations or more than the number of users stated after the agreement.
2.17 The Customer is not permitted to transfer any rights or obligations arising from the agreement or these Terms and Conditions to third parties.
2.18 Upon termination of the right of use, the Client has the option, until the last day of the right of use, to make an audit file and/or a backup in the formats that the system could always make under normal circumstances. Requests for the delivery of a backup or other file will be processed if the delivery is technically possible, without additional Work having to be performed or adjustments to the software having to be made and provided that the Client performs all Work, actions and materials paid. Accountnet may require an advance for this.
2.19 Accountnet is entitled to make innovations in Accountnet-online at its own discretion. Accountnet will inform the Client in a timely manner about the processing of updates and/or upgrades insofar as these are important for the use, all this at the discretion of Accountnet.
2.20 If the right of use expires because no payment per due date has been made in any period, Accountnet will inform the Customer of that fact and limit access to Accountnet-online. If payment of the periodic payment is made within 15 days, then the restriction will be lifted against payment of administration costs of € 65 per case and per administration. If no payment has been made within the 15 days mentioned here, access to Accountnet-online will be refused, and access can only be given again after payment of all collection costs; the statutory interest is to be calculated from the aforementioned due date until the moment of payment. To the bank account of Accountnet, as well as an administration fee of € 135 per case and per administration, among other things, for reopening the database. Accountnet has the right to remove the Customer’s records from the Accountnet online system and to refuse further access in the future if payment has not been made within 90 days after the aforementioned due date. This act, which can lead to loss of data, can never be a reason for the Customer to hold Accountnet liable for this.
2.21 Accountnet is under no circumstances obliged to pay any compensation as a result of termination on the part of Accountnet.
2.22 Upon termination of the right of use, the Client will immediately discontinue the use of Accountnet-online. Accountnet will not refund any fees to the Customer upon termination of the right of use for whatever reason.
2.23 The Client in no way will cause hindrance or damage to (Customers of) Accountnet when using Accountnet-online; all this is at the discretion of Accountnet. The Client is not permitted to perform actions that can be assumed to cause damage to the systems of (Customers of) Accountnet.
2.24 The Customer is not allowed to use Accountnet-online in violation of legal provisions or these General Terms and Conditions.
2.25 The Customer is responsible for the content and correctness of the data that he has placed with Accountnet through Accountnet-online.
2.26 Customer undertakes towards Accountnet to use Accountnet-online in such a way that the amount of information stored by him and the volume of data transport realized by him do not differ significantly from the average use of Accountnet-online by other Customers indicated by Accountnet. If, in the opinion of Accountnet, this use by the Client deviates significantly from the average use, Accountnet will contact the Client in order to agree on specific conditions with the Client for the additional use. If the parties do not reach an agreement on these specific terms and conditions, Accountnet is entitled to limit or terminate the use of Accountnet-online by the Customer without prior notice.
2.27 The Client is obliged to follow the Login procedure, whereby Accountnet is entitled to adjust the Login procedure at its own discretion. Accountnet will inform the Client of this in a timely manner. The Customer must handle the login data with care and is responsible for it. The Login Details are not transferable and may not be used outside the Customer’s organization. The Client and the users are obliged to observe absolute secrecy concerning the Login data with regard to everyone. The Customer is liable for any use or misuse of his login data. All actions of the users in this regard are at the expense and risk of the Customer.
2.28 Accountnet has the right at all times to limit or block the Customer’s access to Accountnet-online for an indefinite period without stating reasons if there is suspicion of abuse or otherwise improper use. The Customer guarantees that the users handle access to Accountnet-online and the information obtained responsibly. At the same time, the Customer also unconditionally holds and/or accepts responsibility for any information that the users add to Accountnet-online. The information made available by or on behalf of Accountnet via Accountnet-online is unless stated otherwise, subject to reservation and without the Customer or third parties being able to derive any rights from it.2.28 Accountnet has the right at all times to limit or block the Customer’s
access to Accountnet-online for an indefinite period without stating reasons if there is suspicion of abuse or otherwise improper use. The Customer guarantees that the users handle access to Accountnet-online and the information responsibly obtained from that place. At the same time, the Customer also unconditionally holds and/or accepts responsibility for any information that the users add to Accountnet-online. The information made available by or on behalf of Accountnet via Accountnet-online is unless stated otherwise, subject to reservation and without the Customer or third parties being able to derive any rights from it.
2.29 Accountnet guarantees that a regular backup is made of the data that the Customer has entered through Accountnet-online.
2.30 Accountnet guarantees that the data entered by the Customer through the Web Application are protected as well as reasonably possible against loss, theft, unauthorized access and alteration by non-users.
2.31 Accountnet refrains from viewing the data that the Customer has placed with Accountnet through the Web Application and does not make data available to third parties unless Accountnet is obliged to do so by law or a court decision.
2.32 Customer agrees and understands that Customer is responsible for keeping the confidentiality of the access codes associated with the Service or subscription that Customer uses strictly confidential and not to disclose this information to others. The Client is aware of the fact that Accountnet Client can pass on damage compensation in the event of a violation of this article, which will amount to at least 10 times the subscription fee or the annual Service.
2.33 Customer is entitled to support, including the right to consult the documentation and possible manuals. In addition, questions can be submitted 24 hours a day through the Accountnet Help Desk. The Customer is also entitled to telephone support during office hours (on Working Days from 9:30 am to 2:30 pm). The support concerns the functionality of the Accountnet online services when actually used by the user.
2.34. support does not include:
a) system configuration, hardware and network services;
b) structural work such as defining layouts, overviews, annual reports, setting up calculation schemes, accounting issues, import definitions and links with third-party software;
c) on-site support;
d) expanding or changing the functionality of Accountnet-online at the request of the Customer;
e) converting files;
f) services with regard to external databases from producers other than those of Accountnet;
g) installation, configuration, training or other services not expressly described in the agreement;
h) support for (operating) software from producers other than those of Accountnet, which also includes third-party software that can be started from Accountnet-online;
i) file repairs, where the cause cannot be attributed to Accountnet-online;
j) providing newly available products;
k) Internet connection support;
l) support in an environment that is not supported according to the system requirements.
m) performing Accountancy services and advisory services that have not been agreed upon in writing
n) advice, guidance and support with the actual use and processing of data in Accountnet-online
2.35. support may only be requested by a Customer.
2.36. Before contacting Accountnet for support by telephone, the Customer is obliged to first consult the applicable documentation and/or submit questions by e-mail.
2.37 If Accountnet carries out Work on the instructions of the Client regarding the subjects referred to in this article, Accountnet will charge the Client for these activities separately in accordance with the prices and costs incurred at Accountnet then.
2.38 Accountnet makes every effort to ensure optimum availability of and access to Accountnet-online.
2.39 Accountnet is entitled to (temporarily) disable access to Accountnet-online or to limit its use without prior notification, insofar as this is necessary for maintenance or adjustments or improvements to be made to one or more Accountnet-online Services, without that this entails a right to compensation from the Client towards Accountnet. Accountnet makes every effort to keep this to a minimum and, if possible, to inform the Client in a timely manner.
2.40 In order to gain access to the services of Accountnet, the Client may be asked to provide information about the Client itself (such as identification or contact details). The Client hereby declares that all registration information that the Client provides to Accountnet is always complete, correct and current. The Client agrees that Accountnet may use the data provided by the Client internally to further inform the Client or that Accountnet can use this data to perform its activities and services to the Client.
3. OTHER PROFESSIONALS OUTSIDE ACCOUNTNET
3.1 Unless expressly agreed otherwise, the Services are limited exclusively to the Spanish jurisdiction.
3.2 In the event of the participation of firms not belonging to the Accountnet Group or other external advisors outside the Accountnet Group (the “External Professionals”), unless expressly agreed otherwise:
1. Accountnet’s intervention in the matter in question will be limited to coordination and contact with External Professionals;
2. The service provision relationship will be established directly between the Client and each of the External Professionals;
3. Accountnet’s fees will be independent of those of the External Professionals; Y
4. Accountnet will not assume any responsibility for the advice given to the Client by External Professionals.
4. WORK TEAM
Without prejudice to the fact that the Proposal specifies, where appropriate, the professionals or employees assigned to the Client or matter in question, Accountnet may, when it deems it appropriate or necessary in response to the needs of the Client or the matter, substitute any of those or modify the number of professionals or employees assigned to the Client or matter.
5. FEES AND EXPENSES
5.1. An hourly fee will apply for all activities that are not mentioned in our list of rates, as stated under the general hourly rate in our list of rates.
5.2 Accountnet’s fee does not depend on the outcome of the assignment and is calculated with due observance of Accountnet’s usual rates and is due as and when Accountnet performs Work for the Client’s benefit.
5.3 If wages and/or prices change after the agreement has been concluded, but before the assignment has been completed in full, Accountnet is entitled to adjust the agreed rate accordingly unless the Client and Accountnet have made other agreements about this in writing.
5.4 Accountnet’s fee, plus disbursements and invoices from third parties engaged, including any turnover tax owed, will be invoiced by Accountnet to the Client per month, per quarter or per year, at the discretion of Accountnet. Accountnet is at all times entitled to change the frequency of declaration once chosen.
5.5 Rates for, for example, (tax) returns and/or purchase or sales assistance or other fixed rates are based on standard activities of normal size. If such Work or services prove to be non-standard during the performance, or if the scope of the Work is higher than assumed as standard, Accountnet will be able to invoice the additional extra Work or request an extra advance, stating the reason. Of the deviation from the standard rate.
5.6 Unless otherwise indicated, the fees estimated or budgeted amounts are net of Value Added Tax and any other indirect taxes that may be applicable, which will be included in the invoice as concepts separated.
5.7 The amount of fees does not include the reasonable expenses that Accountnet may incur in the provision of the Services, which must be reimbursed by the Client.
5.8 Any other services different from the Services and complementary to them (such as solicitors, notaries, registries, management of advertisements in press or in official bulletins, among others) will be contracted and paid directly by the Client. However, said services may be contracted and paid for by Accountnet on behalf of the Client when the Client so requests and provided that, at
Accountnet’s request, previously, the Client has made the corresponding provision of funds. Under no circumstances will Accountnet be obliged to advance or provide funds to the Client or to make payments for expenses, services or supplies on their behalf that have not been previously agreed upon and under the aforementioned conditions.
5.9 The provisions of funds or deposits made by the Client will be used by Accountnet to pay amounts on behalf of the Client. The Client expressly authorizes Accountnet, prior communication sent to the Client, to allocate the provision of funds or deposit made by the Client to the payment of any amount owed to Accountnet for fees or expenses, as long as the said amount is liquid, due, and required.
5.10 The fees and expenses must be paid even when the operation or matter to which the Services refer is frustrated.
5.11 The Client’s obligation to pay the fees and expenses to Accountnet is independent of any right that the Client may have against third parties by reason of the Services provided. For this reason, and among other possible assumptions, in litigation or judicial matters, the condemnation of the costs of the counterparts does not exempt or release the Client from paying Accountnet the corresponding fees and expenses.
5.12 Accountnet has the right to request payment of an advance from the Client. Failure to pay the advance (on time) may be a reason for Accountnet to (temporarily) suspend the Work.
6. BILLING AND PAYMENT
6.1 Unless otherwise agreed by the parties, the invoices issued by Accountnet will be payable at sight, in the currency and in the other conditions contained in the same, Accountnet reserving the right to demand default interest in the event of delay in the payment of invoices with respect to their due date.
6.2 Any objection by the Client in relation to an invoice must be referred to the Accountnet partner responsible for the matter as soon as possible, in which case the non-objected part of the invoice must be paid.
6.3 In case of advance payments or on account made by the Client in accordance with the Proposal, if, for any reason, at the termination of the Services, there is a surplus in favour of the Client, Accountnet will proceed to the immediate return of the same, according to the instructions of the Client to that effect. In case of balance in favour of Accountnet, the Client will also proceed to immediate payment to Accountnet.
6.4 In the event of non-payment of an invoice, Accountnet may, prior written notice and in accordance with the professional or ethical regulations governing its activity, suspend all provision of Services to the Client without the latter being able to make any claim or complaint for said suspension or for the damages that may arise from it. As long as the situation of non-payment is maintained and also subject to the provisions of the regulatory professional or ethical regulations, Accountnet may exercise a right of retention on any documents of the Client elaborated by Accountnet or with its participation, which at that moment are in its possession.
6.5 If the Client requests the provision of Services for companies under its control or for any other third parties, or in other cases in which the legal costs are assumed by third parties, Accountnet will directly invoice the indicated entity, although the Client will be responsible for the payment of any amount not paid when due.
6.6 In the event of an Assignment given jointly, Clients are jointly and severally liable for payment of the invoice amount, the interest and the costs owed.
6.7. If, in the opinion of Accountnet, the financial position or payment behaviour of the Client gives rise to this, or if the Client fails to pay an advance or an invoice within the payment term set for this, Accountnet is entitled to require the Client to immediately (additional ) provides security in a form to be determined by Accountnet. If the Client fails to provide the required security, Accountnet is entitled, without prejudice to its other rights, to immediately suspend the further performance of the agreement, and all that which the Client owes to Accountnet for whatever reason will be immediately due and payable.
6.8. The Client, to whom payment of fees, brokerage, costs or disbursements has been requested in writing and from whom payment has not yet been received within 15 days after a subsequent written reminder, is liable for the costs that Accountnet has incurred in and out of court for the collection of his claim, with a minimum of 15% (fifteen per cent) of the amount to be claimed. From that moment on, the monthly interest of 3% per month is also due on that claim. From the moment that payment has not been made on the intended due date, Accountnet is entitled to discontinue its activities or services with immediate effect.
6.9 Payments made by the Client always first serve to settle all interest and costs owed and then to settle the longest outstanding invoices due, even if the Client states that the payment relates to a later invoice.
6.10 The amounts owed by the Customer under a subscription must be paid in advance and are non-refundable.
6.11. If a Customer wishes to make use of a Standard Service Subscription, the Customer will receive a premium of 50 Euro upon payment of the invoice, which amounts to a discount of approximately 10% on the applicable rates, subject to the strict condition that the Customer has used the credit in full. Will spend on activities of Accountnet. If, for whatever reason, the Customer wishes to have his or her balance of the service contract refunded, the premium will lapse, and there will no longer be any right to any discount whatsoever. In that case, the entire premium plus 75 Euros for administration costs (so a total of 125 Euros) will be deducted from the balance. Expenses or advances cannot be settled with such a Service Subscription and must be paid separately.
6.12 new Customers will be charged a one-time fee for the creation and construction of the files, and, in some cases, a fee will also be charged for closing and transfer of the files when the relationship is terminated.
7. INFORMATION, DOCUMENTATION AND CONFIDENTIALITY
7.1 Accountnet will request from the Client all the information and documentation that, in its opinion, are necessary for the adequate and efficient provision of the Services. The information and documentation will be sent by the Client to Accountnet by the means considered most suitable. The Client declares and guarantees that he is duly legitimized and empowered to send the documentation and information that he provides to Accountnet and will hold Accountnet harmless from any third-party claim due to access to the information or documentation sent by the Client or at his request. The Customer indemnifies Accountnet against damage resulting from incorrect or incomplete documents.
7.2 Accountnet will not be responsible in any case for the consequences that may follow for the Client due to the fact of having sent this information or documentation that is not true, inaccurate or incomplete. Accountnet has the right to suspend the execution of the assignment until the Client has fulfilled the obligations mentioned here. Accountnet is not liable for the consequences of this suspension, such as exceeding deadlines, fines, etc.
7.3 Accountnet undertakes to safeguard the confidentiality of all information and documentation received from the Client that is not in the public domain and may only disclose it with the authorization of the Client or by order of any administrative, judicial or legally authorized authority to do so. When Accountnet subcontracts work to word processing, photocopying, translation or other service providers, Accountnet will protect the confidentiality of Client information and documentation by having the relevant providers sign a confidentiality agreement.
7.4 Accountnet’s duty of confidentiality regarding the information and documentation received from the Client shall not apply to the Client’s own interlocutors or contact persons or to other professional advisers of the Client who were involved in the same matter unless the Client establishes any prior indication or limitation to the contrary.
7.5 After the provision of the Services, Accountnet will return to the Client any original documentation in its possession in relation to the same or the matter in question, particular to which the Services have been referred, prior indication by the Client of the terms in which said return must be verified.
7.6 The Client authorizes Accountnet to keep a copy of any information and documentation provided by the same on the occasion of the provision of the Services for as long as it deems appropriate, subject to Accountnet’s duty of confidentiality. Accountnet does not assume any obligation to keep said copies for a specific period of time, being able to destroy your files without requiring any authorization. If the Client requires that Accountnet keep its files, it must expressly request it and will assume the additional costs for maintenance of files, access to them or sending documents that Accountnet could incur.
7.7. Insofar as the Customer processes personal data using the Web Application or the Accountnet-online Portal, the Customer is responsible for this within the meaning of the Personal Data Protection Act.
7.8. The Client indemnifies Accountnet against all third-party claims with regard to the agreement between Accountnet and the Client and/or the data processed by the Client in the context of the agreement that may be filed against Accountnet due to a violation of the Protection Act that cannot be attributed to Accountnet personal data and/or other legislation regarding the processing of personal data.
7.9 If the parties cannot, not timely or not properly fulfil the obligations under the agreement as a result of force majeure, those obligations will be suspended until the parties are still able to fulfil them in the agreed manner. If the situation as referred to here arises, the parties have the right to cancel the agreement in whole or in part and, with immediate effect in writing, without any right to compensation. If Accountnet has already partially fulfilled the agreed obligations when the force majeure situation occurs, Accountnet is entitled to invoice the Work performed separately and in the interim, and the Client must pay this invoice as if it concerned a separate transaction.
8.1. During the execution of the assignment, the Client and Accountnet can communicate with each other by electronic means and/or use electronic storage (such as cloud applications). Unless otherwise agreed in writing, the parties may assume that the sending of correctly addressed faxes, e-mails (including e-mails sent via the internet) and voicemail messages, whether they contain confidential information or documents relating to the assignment, are mutually accepted. The same applies to other means of communication used or accepted by the other party.
8.2. The Client and Accountnet are not liable towards each other for damage that may result from one or all of them as a result of the use of electronic means of communication, networks, applications, electronic storage, or other systems, including – but not limited to – damage resulting from of non-delivery or delay in the delivery of electronic communications, omissions, distortion, interception or manipulation of electronic communications by third parties or by software/equipment used for transmission, reception or processing of electronic communications, the transmission of viruses and failure to the functioning of the telecommunications network or other means required for electronic communication, except insofar as the damage is the result of intent or gross negligence. The foregoing also applies to the use that Accountnet makes of it in its contacts with third parties.
8.3. In addition to the previous paragraph, Accountnet accepts no liability for any damage caused by or in connection with the electronic sending of (electronic) annual statements and the digital deposit thereof with the Chamber of Commerce.
8.4. Both the Client and Accountnet will do or omit everything that can reasonably be expected of each of them to prevent the aforementioned risks from occurring.
8.5. The data extracts from the sender’s computer systems provide compelling evidence of (the content of) the electronic communication sent by the sender until the recipient has provided proof to the contrary.
11.1 The Client may terminate the provision or provision of the Service without giving reasons but with a notice of at least 3 months for administrative services.
11.2 Subject to compliance with the professional or ethical regulations governing its activity, Accountnet may terminate the provision of the Services in progress.
(or reject the direction of one or more specific matters) at any time, with reasonable notice, for reasons of loss of confidence, ethics, deontology, or any other nature.
11.3 In any case, the Client will have an obligation to pay Accountnet’s fees and expenses accrued up to the Services’ termination date.
11.4 Once the provision of the Service has ended, Accountnet will not be obliged to provide any additional services, nor to provide the Client with updates of the information,
opinions, recommendations, advice or advice derived from regulatory changes or any other events subsequent to the date of said termination.
11.5 Unless otherwise agreed by Accountnet and the Client, the access by the Client to the website (extranet) of the Service, as well as the use of computer programs of
connectivity licensed for that purpose, and the sending of newsletters, reviews and other commercial communications between the Client and Accountnet will cease on the Services’ termination date.
10.1 Except in the event that special statutory provisions exclude a limitation of Accountnet’s liability for damage resulting from intent or gross negligence on the part of Accountnet, Accountnet is only liable for damage as described in the following paragraphs of this article.
10.2 Accountnet is never liable for indirect damage, lost profit, lost savings, reduced goodwill, damage due to business interruption, damage as a result of claims by the Customer and or other relationships of the Customer, mutilation or loss of data, damage related to the use of Client prescribed items, materials or software (including third party software), damage related to the engagement of other advisors, service providers or suppliers prescribed by Client to Accountnet, for direct or consequential damage, regardless of the nature of the act (breach of contract, tort or otherwise), even if Accountnet has been informed of the possibility of such damage occurring.
10.3 Accountnet is never liable for any damage of any nature whatsoever suffered by the Client in connection with the temporary non-availability, the temporary incorrectness or the temporarily not fully available of Accountnet-online or another Accountnet website and/or the resulting delay. In customer service.
10.4 Accountnet is never liable for any damage of whatever nature suffered by the Client in connection with the (non-)functioning of software of the Client or of third parties, of equipment of the Client, Accountnet or third parties, or of internet connections of the Client, Accountnet or third parties.
10.5 Accountnet accepts no liability for the incorrect, incomplete or late sending or receiving of data that is placed with Accountnet through Accountnet-online or via another website of Accountnet, or in any other digital way, or is otherwise supplied. , either by the Customer himself or by or on behalf of Accountnet.
10.6 The Customer acknowledges and accepts that Accountnet-online or any other Accountnet website can never be perfect or 100% free of imperfections and that not all imperfections will (can) be repaired.
10.7 If the Client has received documents, reports or declarations for inspection and these have been tacitly or explicitly approved by the Client for further processing or submission. Any right to compensation for damages as a result of errors, omissions or incorrect statements will lapse at that time, provided that the Client is unable to could have discovered errors or omissions in these documents, reports or declarations. Accountnet also does not accept any form of liability and, in advance, denies any right to compensation by the Client for documents, reports and declarations that have not been compiled or submitted by Accountnet but for which Accountnet must lodge an objection or appeal or make corrections. Rejection or insufficient correction or adjustment by the bodies of notices of objection or appeal for whatever reason, as well as failure to provide or grant a postponement of payment, can never be charged to Accountnet.
10.8 The Customer acknowledges and accepts that the compensation for services or products of Accountnet and/or Accountnet-online is determined with due observance of the liability limitations as referred to in this article.
10.9 Any right to compensation will, in any case, lapse if the Customer has failed to take measures to (I) limit the damage immediately after it has occurred; (II) prevent (other or additional) damage from occurring; or (III) if the Client fails to notify Accountnet as soon as reasonably possible, but in any event within 5 days, of the damage and to provide it with all relevant information.
10.10 Any claim for compensation against Accountnet lapses by the mere lapse of 14 days after the claim arose if no written notification of this damage has been made within this period.
10.11 In the event that damage occurs because Accountnet discontinues its services in connection with non-payment or late payment, or if Accountnet has only started its activities after payment has been made to Accountnet’s bank account, Accountnet can never be held liable for the consequences of that strike or the later commencement of its activities or services.
10.12 Accountnet is not liable for damage or destruction of documents during transport or during shipment by post, regardless of whether the transport or shipment is carried out by or on behalf of the Customer, Accountnet or third parties.
10.13 Insofar as Accountnet cannot claim the liability exclusions or limitations described in this article, its liability for damage that is the direct result of an attributable shortcoming(s) in the execution of an assignment is at all times limited to the amount that, according to Accountnet’s liability insurer, will be paid out for the relevant case, increased by any deductible to be borne by Accountnet under the insurance. If for whatever reason, the liability insurer does not pay out, Accountnet’s liability is limited to the amount of the fee charged for the execution of the assignment. If the assignment concerns a continuing performance contract, the aforementioned amount is limited to a maximum of 50% of all amounts invoiced to the Client in the six (6) months prior to its default and paid by the Client, fewer credits by Accountnet to the Client in that period. Insofar as Accountnet cannot claim the limitation referred to in this article, Accountnet’s liability is, in any case, limited to a maximum of € 2,500 (in words, two thousand five hundred euros).
10.14 The Client indemnifies Accountnet against all claims from third parties that are directly or indirectly, indirectly or immediately related to the performance of the Work by Accountnet, in particular against claims by third parties due to damage caused by the Client providing Accountnet with incorrect or incomplete information.
10.15 Employees of Accountnet are not authorized in any way whatsoever on behalf of Accountnet to acknowledge liability of Accountnet for the damage referred to in these articles or any other damage whatsoever or to otherwise plead guilty. Only the management of Accountnet (Partner Shareholders) is authorized to officially acknowledge such damage or debt only in writing.
10.16. Except as expressly stated in the agreement, Accountnet makes no other or further guarantees, undertakings, or conditions with regard to its services or products, and Accountnet hereby disclaims all other guarantees, undertakings, or conditions, whether express, implied or under the law (including but not limited to warranties or conditions of merchantability, non-infringement, or fitness for a particular purpose).
10.17 Complaints can only be submitted to Accountnet by registered letter stating reasons and, as far as possible, with supporting documents. Complaints submitted otherwise cannot be processed.
11. TREATMENT OF PERSONAL DATA
11.1 In compliance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, and Royal Decree 1720/2007, of December 21, which approves the Regulations for its development (the “Regulations”) (jointly, the “Data Protection Regulations”), by this clause the signatory is informed that the personal data provided to Accountnet by accepting these General Conditions and signing the Proposal, as well as all those that it provides in the future as a result of its relationship with Accountnet (the “Signer Data”), will be incorporated into a file owned by this last. The purpose of the treatment of the Signatory Data will be the maintenance, development, control and execution of the professional relationship that, within the framework of the provision of the Services, maintains with Accountnet. Upon acceptance of the Proposal, Accountnet will inform you of other treatments that may be carried out with the Data of the Signatory, requesting mandatory consent for such purposes.
11.2 The signatory may at any time exercise the rights of access, rectification, cancellation and opposition by sending the corresponding request by postal mail to the Data Protection and Privacy Department of Accountnet, Avenida País Valencia 12 Bajo – 03570 Villajoyosa, or by sending an e-mail to the following address: firstname.lastname@example.org, indicating in both cases his name and surname and accompanying a photocopy of his ID.
11.3 Within the framework of the provision of the Services object of the Proposal, it may be necessary for Accountnet to access personal data owned by the Client (the “Data”), acting in the said case as the person in charge of the treatment. To this end, Accountnet undertakes and undertakes to:
1. treat the Data in accordance with the instructions indicated by the Client at any time;
2. allocate the Data exclusively to the provision of the Services, without using or applying them for a different purpose;
3. not communicate the Data to third parties, not even for its conservation, except in the cases provided for in clause 11.2;
4. observe the measures that result from application in accordance with the provisions of articles 81 and 82 of the Regulation, for which purposes, Accountnet will assume that, unless the Client justifies otherwise in view of the nature of the personal data object of treatment, it is appropriate to apply the level of basic security measures;
5. Destroy or return to the Client, or whoever is expressly designated by him, the Data to which he has had access or those resulting from any treatment carried out with them, as well as the supports or documents in which said data appears.
11.4 For its part, the Client is hereby informed and expressly authorizes Accountnet to:
1. allow access to the Data to those companies that provide Accountnet with management support and technical support services to the extent that such access is essential for the execution by Accountnet of the Services;
2. subcontract, totally or partially, the Services to the companies of the Accountnet Group, or any other third party, when deemed necessary for the provision of the aforementioned services, Accountnet acting for this purpose in the name and on behalf of the Client, for the exclusive purposes of the provisions of the Data Protection Regulations. The treatment of the data carried out by any subcontractor will be in accordance with the Client’s instructions, and Accountnet will sign the mandatory contract for the provision of services with each of them, in the terms provided in the Data Protection Regulations.
12. INTELLECTUAL PROPERTY
12.1 The intellectual property rights over the documentation generated and over the original ideas conceived during the provision of the Services correspond to Accountnet.
12.2 The Client may use, exclusively for his use, all the documentation generated by Accountnet on the occasion of the provision of the Services, not being able to distribute the same or facilitate its access to persons other than the Client, except with the express and written authorization of Accountnet.
12.3 The Client is expressly prohibited from multiplying, publishing or exploiting the products to which Accountnet’s intellectual property rights rest or products to which intellectual property rights rest with regard to the use of which Accountnet has acquired user rights. This concerns, for example, (but not exclusively): computer programs, system designs, working methods, advice, (model) contracts, reports, templates, macros, brand names, logos, systems and other mental products.
13. FINAL PROVISIONS
13.1 These General Conditions replace and cancel any previous agreement between the Client and Accountnet. Unless otherwise agreed between Customer and Accountnet, These conditions constitute the entire agreement between both parties in relation to the commissioning of professional services and will normally be complemented by one or more Proposals that, among other things, will include the specific services to be provided, the team responsible for doing so and the corresponding fees.
13.2 Unless otherwise agreed, these General Conditions will apply to any order that the Client makes to Accountnet in the future.
13.3 Accountnet will not be obliged to start providing the Services until it receives for its files a copy of the Proposal and these General Conditions signed by the Client, and the payment of the fees linked to the acceptance of the Proposal is not made in the terms agreed upon therein. The referral of Instructions to Accountnet by the Client will be interpreted as tacit acceptance of these General Conditions.
13.4 In the event that the invalidity of any of these terms and conditions is determined, this will not affect the rest of the terms and conditions, which will remain in full force.
Accountnet may modify these General Conditions at any time, the modifications being applicable as detailed below.
1. The General Conditions applicable in the case of recurring services will be those that appear on the website www.accountnet.info at the time the services are provided.
2. In the case of non-recurring services, the applicable General Conditions will be those that are referenced in the Proposal. However, subsequent modifications of such General Conditions may be applicable provided that they have been communicated to the Client and a period of 21 calendar days has elapsed since they are communicated to the Client without there being any written opposition by the Client within said period. For clarification purposes, it will be understood that the Client accepts the changes if, during the said period, he does not raise any objection to them in writing.
15. APPLICABLE LAW. JURISDICTION
15.1 The relationship between the Client and Accountnet is expressly subject to Spanish law.
15.2 To learn about any discrepancies or claims that may arise from the interpretation or execution of the legal relationship between the Client and Accountnet, both expressly waiving any other jurisdiction that may correspond to them and without prejudice to the mandatory rules on judicial jurisdiction, submit voluntarily to the Courts and Tribunals of the city in which the Accountnet office with which the Services have been contracted is located.
Original version: 1.0 dated January 1, 2012
Version: 1.1 dated January 1, 2015
Version: 1.2 dated April 1, 2016
Version 1.3 dated January 1, 2018
Version 1.4 dated December 1, 2019
This latest version: 1.5 dated October 1, 2022
Customer can email, call or visit us in person.
|Accountnet Gestor & Accountancy Services SL|
Avda País Valenciá 12 Bajo , Aptdo. Correos 278
03570 Villajoyosa (Alicante)
E-mail : email@example.com