GENERAL TERMS
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General terms of Tax-Insight B.V.
Article 1.
All work and services commissioned by Clients shall be accepted and carried out exclusively by Tax-Insight under these General Terms.
Article 2.
Save in an event of willful default or gross negligence by Tax-Insight, the Client shall indemnify and hold Tax-Insight harmless from and against all actions, claims or demands of third parties – including costs to be incurred by Tax-Insight in connection therewith – arising from or relating in any way to the work or services performed by Tax-Insight for the Client.
Unless the tax adviser/tax lawyer concerned has expressly stated otherwise in writing, advice given by a tax adviser/tax lawyer shall relate only to aspects and matters of tax law. The Client may not assume that when a tax adviser/tax lawyer is providing advice, attention is devoted to possible implications under civil or administrative law, unless the tax adviser or lawyer concerned has expressly stated otherwise in writing.
Article 3.
Any and all liability of Tax-Insight shall be limited to the amount which in the particular case concerned is claimable under our professional liability insurance plus the amount of the excess which in accordance with the terms of the insurance Tax-Insight has to bear in the particular case concerned.
Every claim for compensation against natural persons, employees, directors or companies who are employed by Tax-Insight, or with which Tax-Insight has concluded agreements in connection with its business operations, and which parties may be held responsible or partly responsible for the damage or loss arising, is ruled out. The aforementioned natural or legal persons may – by way of a third party clause – rely on these General Terms and therefore upon this Article 3, with respect to the Client.
Article 4.
If services of third party service providers (“service providers”) are to be procured Tax-Insight shall where possible consult with the Client beforehand and shall in any event exercise due prudence in the selection of such service providers.
Tax-Insight shall not be liable for any failure, fault or shortcoming of such service providers. Tax-Insight has the right to accept any limitations of liability stipulated by service providers whose services have been procured by Tax-Insight.
Article 5.
Unless otherwise agreed, the fees to be paid by the Client will be calculated on the basis of the number of hours worked multiplied by the applicable hourly rate according to the scale of fees as from time set by Tax-Insight. With respect to work and services that necessarily have to be rendered during the evening and/or weekend, the applicable hourly rate can be increased to a rate of not more than the double of the applicable hourly rate. Out of pocket expenses paid by Tax-Insight on behalf of the Client will be billed separately. For regular office costs (e.g. postage, (local) telephone, telefax, scan and photocopying costs) a percentage of the fee will be charged. All amounts are exclusive of (turnover) tax.
Article 6.
All invoices sent by Tax-Insight to the Client must be paid within fourteen days from the date of the invoice. If the Client does not object to the invoice within a period of four weeks after he can be deemed to have received the invoice, the invoice will be considered approved by the Client. If payment of an invoice is overdue, Tax-Insight will charge interest at a rate of 8 % per annum or, at its discretion, statutory interest. In that case Tax-Insight shall have the right to suspend its services until full payment of the amount outstanding. Tax-Insight is authorized to set off monies received on behalf of the Client against outstanding fees, disbursements and outstanding invoices.
If for any reason, Tax-Insight has mistakenly not charged any (turnover) tax, and it subsequently turns out that (turnover) tax should have been charged, Tax-Insight may still charge the amount not charged as (turnover) tax to the Client, and the Client must still pay that amount to Tax-Insight.
Article 7.
The legal relationship between Tax-Insight and the Client is governed by the law applicable in Curaçao. Disputes shall exclusively be decided by the competent court of Curaçao.
Article 8.
These General Terms have been written in the Dutch and English languages. In the event of differences in (the interpretation of) the texts the Dutch version shall prevail.
These General Terms have been filed at the Court of First Instance in Curaçao on January 21 2019.
Tax-Insight is a tax advisory firm and legal practice located on Curacao.
We offer a variety of services to local and international clients in the area of tax law and estate planning. Fiscal and legal puzzles that need to be untagged, changes in circumstances that trigger tax issues: at Tax-Insight we have a hands on mentality in looking for the best possible solution.
We have an international network of tax lawyers, accountants, bankers and legal experts to solve not only the local tax issues but also implement the international aspects in a proper way. When working on tax issues, we consider all tax effects carefully in order to achieve the most effective structure for our clients. Our relationship with tax authorities is excellent and is strengthened by our longstanding presence on the island.
We advise clients on private foundations and trusts, the E-zone rules and regulations and other facilities like tax holidays, exempt companies, participation exemption, expat ruling and fiscal unity.