The general terms and conditions were last modified on January 1, 2022.

Content:

  1. Definitions
  2. Applicability
  3. Liability
  4. Power of attorney
  5. Assignments
  6. Estimate of savings
  7. Data provision
  8. Compensation
  9. Confidentiality
  10. Intellectual property
  11. Choice of law

Article 1, definitions

  1. Agreement: the agreement concluded between the client and WOZ Assistent for the performance of the assignment.
  2. Client: a natural person or legal entity who objects to the WOZ decision with WOZ Assistent.
  3. Contractor: WOZ Assistent (KvK: 84742798).
  4. General terms and conditions: the general terms and conditions that form part of the agreement.
  5. Assignment: the aim of WOZ Assistent to reduce the WOZ value of the object in the objection phase with the municipality or tax cooperation.
  6. Website: ‘WOZAssistent.nl’
  7. WOZ value: the value of the relevant object as referred to in the Property Tax Act, or an estimated market value of the object.
  8. Successful objection: an objection declared well-founded as referred to in Article 7:25 Awb.

Article 2: applicability

  1. The general terms and conditions apply to assignments, additional assignments and follow-up assignments from clients, except and insofar as WOZ Assistent expressly agrees otherwise in writing with a client.
  2. In the event of the nullity or nullity of provisions contained in the terms and conditions, the validity of the other provisions of these terms and conditions will remain unaffected.
  3. These terms and conditions also apply to all trade names that have been added to WOZ Assistent in the Chamber of Commerce.
  4. The client will be informed in the event of changes to the general terms and conditions.

Article 3: liability

  1. WOZ Assistent strives for a timely submission of (pro-forma) objections. WOZ Assistent is not liable for the failure to submit a (pro-forma) notice of objection or to submit it on time.
  2. The client indemnifies WOZ Assistent against all third-party claims for compensation of damage as referred to in the first paragraph.
  3. WOZ Assistent is not liable for the non- or late submission of a (pro-forma) notice of objection as a result of errors by postal and/or e-mail authorities.
  4. WOZ Assistent is not liable if a (pro forma) notice of objection is declared inadmissible on the grounds that the client is not an interested party in the property.
  5. WOZ Assistent is not liable if a (pro forma) objection is declared unfounded on the grounds that the client has provided incorrect information.
  6. WOZ Assistent is not liable for damage other than those mentioned in this article that may relate to the objection procedure.

Article 4: power of attorney

  1. In accordance with the authorization, WOZ Assistent is authorized to lodge an objection on behalf of the client against the onroerendezaakbelasting (OZB) and/or the WOZ decision of the client and to represent the client with regard to the WOZ objection procedure by means of a power of attorney.
  2. WOZ Assistent accepts both digital signatures and wet signatures for signing the authorization.

Article 5: assignments

  1. Creation of the assignment
    1. The assignment is concluded by agreeing to the general terms and conditions in the registration process and after all steps have been completed in the registration process on the website or if the agreement has been signed. In the absence of a written (digital) confirmation, the assignment is deemed to have been accepted by WOZ Assistent at the actual start of the assignment.
  2. WOZ Assistent undertakes to inform the client in a timely and complete manner about the progress of its objection procedure.
  3. Execution of the order
    1. WOZ Assistent is the only one who determines the way in which and by whom the assignment is carried out.
    2. If WOZ Assistent wishes to involve third parties in the execution of the assignment, agreement must be reached with the client. The provisions of the previous sentence apply mutatis mutandis to the client.
  4. Cancellation of order
    1. WOZ Assistent is at all times authorized to refuse the assignment or to return it to the client in the interim during the objection procedure.
    2. WOZ Assistent is authorized at all times to terminate if circumstances arise of such a nature that compliance with the agreement can no longer reasonably be expected. WOZ Assistant is in no way liable for any damage or costs arising from the dissolution of the agreement.
  5. End of assignment
    1. The agreement is entered into until the objection procedure has ended.
    2. The agreement ceases to exist if the notice of objection is declared inadmissible or if the notice of objection is declared well-founded or unfounded.

Article 6: estimate of savings

  1. In the registration process or a calculation tool, cost savings are named which are an estimate. WOZ Assistent is in no way liable if the estimated cost savings in the application process are lower than the actual cost savings.

Article 7: data provision

  1. The client ensures that all supplies, which WOZ Assistent indicates are necessary or which the client should reasonably understand are necessary for the execution of the agreement, are provided to WOZ Assistent in time and within the set period.
  2. WOZ Assistent is not liable for damage, of any nature whatsoever, because WOZ Assistent is based on incorrect and/or incomplete information provided by the client.

Article 8: compensation

  1. The client undertakes to pay the amount for reimbursement of the costs of proceedings as stated in Articles 7:15 Awb and 8:75 Awb, which has been wrongly transferred by a government body to his/her bank account, in the context of services commissioned by WOZ Assistent. work performed by the client, to be paid into a bank account designated by WOZ Assistent within 14 days of receipt.
  2. If the administrative body does not take a decision within the statutory period on the request or notice of objection submitted by WOZ Assistent, WOZ Assistent can declare the administrative body in default on behalf of the client and forfeit a penalty on the basis of Article 4:17 Awb. This periodic penalty payment accrues in its entirety to WOZ Assistent.
  3. The client undertakes to pay the amount for reimbursement of the costs of the proceedings that has been transferred by an administrative body, as well as amounts based on a penalty payment on the basis of an action by WOZ Assistent on his/her bank account in the context of services carried out by WOZ Assistent on behalf of the client. work performed within 14 days of receipt into a bank account designated by WOZ Assistent.
  4. If no payment follows, the client will receive a reminder. If no payment follows, the client will receive a reminder. If the reminder and reminder are not responded to, WOZ Assistent will engage a collection agency to collect the invoice. The client owes the statutory interest as well as the (judicial or other) costs that WOZ Assistant must reasonably incur in order to obtain this amount. For the extrajudicial costs, reference is made to the Collection Costs Act (WIK).
  5. WOZ Assistent is at all times entitled to initiate (legal) proceedings for the purpose of obtaining legal costs compensation on account of the assignment to be performed. The Client undertakes to cooperate in this.

Article 9: confidentiality

  1. WOZ Assistent undertakes to maintain the confidentiality of all confidential information that has been entrusted to WOZ Assistent during the assignment for the performance of the work or of which WOZ Assistent should reasonably understand the confidential nature.
  2. WOZ Assistent reserves the right to use any knowledge gained through the performance of the work for other purposes, insofar as no confidential information is disclosed to third parties.
  3. WOZ Assistent strives to resume compliance as soon as possible in the event of possible non-compliance with this article. In the event of any non-compliance, the client will be informed about this non-compliance if possible.

Article 10: intellectual property

  1. Assignments issued are carried out by WOZ Assistent exclusively for the benefit of the client. Third parties cannot derive any rights from the manner in which the assignment given by the client has or has not been carried out and the client indemnifies WOZ Assistent against claims from third parties in this respect.
  2. WOZ Assistent retains all intellectual property rights. Without the prior written permission of WOZ Assistent, the client is not entitled to reproduce, publish or make known reports, presentations, advice, materials, texts, etc. which the client has received as a result of the assignment from the company. The client indemnifies WOZ Assistent against all third-party claims if the client violates this prohibition.
  3. If the client violates the previous paragraph and the violation can be nullified, the client is obliged to pay a fine of five hundred euros per day from the day of the violation until the day of rectification of the violation committed. The fine is a maximum of twenty-five thousand euros.
  4. If the client violates the previous paragraph and the violation cannot be nullified, the client is obliged to pay a fine of twenty thousand euros.

Article 11: choice of law

  1. Dutch law applies to this legal relationship between WOZ Assistent and the client.

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