Viisi general terms and conditions
Version 2025 – 1.0
Article 1 – General
1.1 In these general terms and conditions, client refers to the party that, either individually or jointly with a third party, engages Viisi to perform services.
1.2 Viisi refers to the enterprise contracted by the client, operated by Viisi N.V., Viisi Real Estate B.V., or any affiliated entity.
1.3 Assignment or agreement refers to the (verbal or written) engagement under which the client instructs Viisi, as contractor, to perform certain work.
1.4 All provisions in these general terms and conditions are also made for the benefit of the shareholders, directors and/or partners of Viisi, its employees, and, in short, all those who work for or represent Viisi in the performance of the assignment.
Article 2 – Applicability
2.1 These general terms and conditions apply to all legal relationships between Viisi and the client, unless deviations have been explicitly confirmed in writing by Viisi.
2.2 The professional and conduct rules applicable to financial service providers, as established by authorities including the Autoriteit Financiële Markten (AFM) and the Klachteninstituut Financiële Dienstverlening (KiFiD), form part of the agreement between Viisi and the client. The client agrees to fully respect the obligations imposed on Viisi by these rules.
2.3 If any provision of these general terms and conditions or of the agreement between Viisi and the client is found to be void or annulled, the remainder of the agreement shall remain in effect. The invalid provision will then be replaced by a provision that approximates the intent of the original as closely as possible, as agreed by both parties.
2.4 Any general terms and conditions of the client shall not apply.
Article 3 – Formation of the agreement
3.1 The agreement comes into effect when Viisi has received the contract or engagement confirmation signed by both Viisi and the client, or when Viisi has commenced performance of the work at the verbal request of the client. Viisi reserves the right to refuse assignments without stating reasons.
3.2 If the client withdraws the assignment after signing the contract or engagement confirmation, the client shall owe Viisi the agreed-upon fee for direct and indirect (advisory) costs, including VAT.
3.3 Assignments given to Viisi create only a best-efforts obligation on Viisi’s part and never a result obligation, unless otherwise explicitly agreed in writing.
Article 4 – Provision of information by the client
4.1 The client is required to provide Viisi, promptly and in the desired form and method, with all data and documents that Viisi deems necessary for proper execution of the assignment.
4.2 Viisi can only fulfill its duty of care towards the client if the client strictly complies with Article 4.1.
4.3 The client must inform Viisi of all information relevant to the execution of the assignment.
4.4 The client guarantees the accuracy, completeness, and reliability of the information and documents provided to Viisi, even when originating from third parties, unless the nature of the assignment dictates otherwise.
4.5 Any additional costs and fees resulting from delays in executing the assignment caused by failure to provide the required information and documents properly or on time shall be borne by the client.
4.6 If data required for the execution of the assignment has not been provided, or has not been provided on time or in accordance with agreements, or if the client otherwise fails to meet its (information) obligations, Viisi is entitled to suspend the execution of the assignment.
Article 5 – Engagement of third parties
5.1 Viisi is entitled to engage third parties for the execution of work when, in Viisi’s judgment, this is necessary given the nature of the assignment. Where possible, Viisi will inform the client in advance.
5.2 The costs associated with engaging third parties will be charged by Viisi to the client.
Article 6 – Confidentiality and data processing
6.1 Viisi will handle the data and information provided by or on behalf of the client in accordance with the General Data Protection Regulation (AVG) and Viisi’s privacy policy, available via https://www.viisi-expats.nl/about-viisi/privacy-statement/.
6.2 If Viisi acts on its own behalf in (legal) proceedings, it is entitled to use the data and information provided by or on behalf of the client, as well as other information obtained during execution of the assignment, insofar as Viisi reasonably considers them relevant.
6.3 Except with Viisi’s prior written consent, the client is not permitted to disclose or otherwise make available to third parties the contents of advice, opinions, or other (written or oral) communications from Viisi, except when this follows directly from the agreement or when done to obtain expert review of Viisi’s work.
Article 7 – Recording of conversations
7.1 Viisi may record conversations with the client, such as telephone or video calls. This is done solely to improve our services and ensure the advice process remains clear and reproducible.
7.2 Viisi may use recordings for:
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sharing the content and conclusions of the conversation with the client so it can be reviewed later;
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preparing advice and documentation accurately and completely;
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internal training and quality assurance within Viisi
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7.3 Viisi handles these recordings with care. They are not retained longer than necessary for the purposes stated above and are treated confidentially, in accordance with applicable privacy legislation and Viisi’s privacy policy.
Article 8 – Fees and payment
8.1 Viisi’s fees are not contingent on the outcome of the assignment.
8.2 Viisi informs the client, where applicable, prior to entering into the agreement about the composition and amount of its fees.
8.3 Viisi is entitled to increase agreed rates if, after accepting the assignment, wage, price, or cost increases occur in goods or services required for execution of the assignment. Changes in government-imposed taxes and/or levies may always be passed on to the client.
8.4 Invoices from Viisi must be paid by the client within fourteen days of the invoice date, in the manner prescribed by Viisi, unless otherwise agreed in writing or stated on the invoice.
8.5 The client may offset amounts charged by Viisi only against a counterclaim explicitly and unconditionally acknowledged by Viisi or definitively established by law. The same applies to suspension of payment obligations.
8.6 If the client fails to pay amounts owed within the agreed period, statutory interest as referred to in Article 6:119 BW shall apply. Extrajudicial collection costs will only be due after Viisi has sent a written reminder allowing fourteen days for payment. If payment is still not made, collection costs will be charged in accordance with the Besluit vergoeding voor buitengerechtelijke incassokosten.
8.7 Payments by the client will first be applied to outstanding interest and costs, and then to the longest outstanding invoices, even if the client specifies otherwise.
8.8 If Viisi considers the client’s financial position or payment behavior a reason for concern, Viisi may require the client to provide immediate (additional) security in a form determined by Viisi. If the client fails to provide such protection, Viisi may suspend its services and declare all outstanding amounts immediately due and payable.
8.9 In the case of a jointly issued assignment, all clients shall be jointly and severally liable for payment of the invoice amount, insofar as the work was performed for their joint benefit.
Article 9 – Complaints
9.1 Complaints regarding the work performed and/or the invoice amount must be submitted in writing within three months after the date of dispatch of the relevant documents or information. The process for submitting and handling complaints is outlined in Viisi N.V.’s Complaints Procedure.
9.2 Submitting a complaint does not suspend the client’s payment obligation. The client may not withhold payment for other services rendered by Viisi that are unrelated to the complaint.
9.3 If a complaint is justified, Viisi may determine the appropriate remedy, which may include:
a) adjusting the invoiced fee;
b) correcting or re-performing the work free of charge; or
c) terminating the assignment in whole or in part, with a proportional refund of fees already paid.
9.4 If the complaint is not resolved to the client’s satisfaction, the client may contact the Klachteninstituut Financiële Dienstverlening (KiFiD), of which Viisi is a member. Viisi has opted for binding advice by KiFiD rulings.
Article 10 – Delivery term
10.1 If the client owes an advance payment or must provide information, materials, or services for the performance of the work, any agreed time frame for completion shall not commence until the payment has been received or all materials and services have been made available.
10.2 Deadlines for completion shall never be considered fatal terms, unless explicitly agreed otherwise.
10.3 The client may not terminate the agreement for exceeding a term unless Viisi fails to perform the assignment, in whole or in part, within a reasonable additional period given in writing after the agreed delivery term. Termination is then permitted in accordance with Article 265 of Book 6 of the Burgerlijk Wetboek.
Article 11 – Liability
11.1 Viisi will perform its work to the best of its knowledge and ability and with the care expected from a competent professional advisor. However, Viisi shall never be liable for damages suffered by the client or third parties as a result of incorrect, incomplete, or untimely information provided by the client or by third parties engaged under Article 5.
11.2 Any liability of Viisi and third parties engaged by Viisi is limited to the amount paid in the relevant case under Viisi’s professional liability insurance.
11.3 If Viisi’s professional liability insurance does not provide coverage in a specific case, Viisi’s liability—and that of any third parties engaged by it—is limited to the total amount of fees received by Viisi for the assignment that gave rise to the damage, up to a maximum of €5,000, and in any case limited to fees received over the preceding six months.
11.4 The assignment is carried out exclusively for the benefit of the client. Third parties may not derive any rights from the work performed for the client.
11.5 Viisi is not liable for damage resulting from errors or malfunctions in software or other computer programs used by Viisi, unless:
a) the damage is the direct result of gross negligence by Viisi; or
b) Viisi receives compensation from the software supplier, in which case Viisi’s liability is limited to the amount actually received from that supplier.
11.6 Viisi is never liable for any damage resulting from (email) messages sent by the client that do not reach Viisi.
11.7 Viisi is never liable for damage resulting from the client’s failure to pay, or late payment to, third parties engaged by Viisi.
11.8 Claims for compensation must be submitted to Viisi no later than three months after the client discovered or reasonably could have discovered the damage. Failure to do so results in forfeiture of the right to compensation.
Article 12 – Limitation period
12.1 Unless otherwise specified in these terms, all rights of action the client may have against Viisi in connection with work performed shall expire twelve months after the moment the client became aware, or reasonably could have become aware, of such rights.
Article 13 – Force majeure
13.1 Viisi shall not be obliged to fulfill its obligations if this is reasonably impossible due to circumstances beyond its control and unforeseeable at the time the assignment was made. Force majeure includes, but is not limited to, strikes, riots, fire, prolonged software or IT system outages, and failure or default by third parties engaged by Viisi.
Article 14 – Final provisions
14.1 All agreements between the client and Viisi are governed exclusively by Dutch law.
14.2 If written agreements between Viisi and the client deviate from these general terms, the written agreements shall prevail.
14.3 Deviations from or additions to these general terms are binding on Viisi only if expressly agreed in writing.
14.4 If any provision of these general terms is found to be invalid, only that provision shall be excluded; the remainder shall continue in full force and effect.
14.5 Viisi may amend or supplement these general terms and conditions at any time and declare the new version applicable to the client. Viisi will observe a notice period of at least two months before the new version takes effect. The client will be bound by the new version at the end of this period but may object within it, in which case the parties will consult on which version applies.
14.6 Viisi is entitled to deliver its services, in whole or in part, through digital means such as email, client portals, or other online systems.