Terms of Service

Last updated: 1st January 2024

Acceptance of Terms

By accessing our website, requesting our services, or entering into a service agreement with openways B.V., you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services or website. These terms constitute a legally binding agreement between you and openways B.V.

About openways

openways B.V. is a private limited company incorporated in the Netherlands with registration number 53891742 and VAT number NL892460175B01. Our registered office is located at Schoolstraat 268, 3095 LP Rotterdam, South Holland, Netherlands. We provide professional accounting and financial services to businesses throughout the Netherlands.

Services Description

openways provides various accounting and financial services, including but not limited to:

• Bookkeeping and financial record maintenance
• Tax preparation and filing services
• Financial consulting and advisory services
• Payroll management and processing
• Company formation assistance
• Financial auditing services
• Management reporting and analysis

Client Obligations

As a client of openways, you agree to:

• Provide accurate, complete, and timely information necessary for service delivery
• Maintain proper business records and documentation
• Pay all fees and charges in accordance with agreed terms
• Comply with all applicable laws and regulations
• Notify us promptly of any changes affecting your business or financial situation
• Cooperate with our requests for information and clarification
• Review and approve all work products before submission to authorities

Professional Standards

openways operates in accordance with professional accounting standards, Dutch accounting regulations, and applicable EU directives. We maintain professional indemnity insurance and adhere to strict confidentiality requirements. Our services are provided with reasonable skill and care, but we do not guarantee specific outcomes or results.

Fees and Payment

Service fees are agreed upon in advance and documented in our service agreements. Payment terms are typically 30 days from invoice date unless otherwise specified. Late payment may result in interest charges and suspension of services. All fees are exclusive of VAT where applicable. We reserve the right to adjust fees with reasonable notice for ongoing services.

Intellectual Property

All content on the openways website, including text, graphics, logos, images, and software, is the property of openways B.V. or its licensors and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our website content without express written permission. Client data and work products remain the property of the client, while our methodologies and processes remain our intellectual property.

Confidentiality

We maintain strict confidentiality regarding all client information and business affairs. This confidentiality obligation continues indefinitely, even after termination of our services. We will only disclose client information when required by law, court order, or with explicit client consent. We implement appropriate security measures to protect confidential information from unauthorised access or disclosure.

Limitation of Liability

To the maximum extent permitted by law, openways B.V.'s liability for any claim arising from our services is limited to the fees paid for the specific service giving rise to the claim. We exclude liability for indirect, consequential, or punitive damages, including but not limited to loss of profits, business interruption, or data loss. This limitation applies regardless of the legal theory under which liability is claimed. Nothing in these terms excludes liability for death, personal injury, fraud, or other matters where exclusion is prohibited by law.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, government actions, or technical failures. In such cases, we will make reasonable efforts to minimise delays and notify affected clients promptly.

Data Protection

We process personal data in accordance with our Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (GDPR). By using our services, you consent to such processing and warrant that all personal data provided to us has been obtained lawfully and with appropriate consent.

Termination

Either party may terminate our service relationship with reasonable notice, typically 30 days for ongoing services. Immediate termination may occur in cases of material breach, non-payment, or illegal activity. Upon termination, all outstanding fees become immediately due, and we will return client records as requested. Our confidentiality obligations survive termination indefinitely.

Dispute Resolution

We encourage resolution of disputes through direct communication. If formal dispute resolution becomes necessary, we prefer mediation through a recognised Dutch mediation service. Any disputes that cannot be resolved through mediation shall be subject to the exclusive jurisdiction of Dutch courts.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the Netherlands. Any legal proceedings relating to these terms shall be brought exclusively in the competent courts of the Netherlands. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Website Use

You may use our website for lawful purposes only. You agree not to use the website in any way that could damage, disable, overburden, or impair our systems or interfere with other users' enjoyment of the website. You must not attempt to gain unauthorised access to any part of the website or any systems connected to it.

Amendments

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting on our website. Continued use of our services after changes constitutes acceptance of the modified terms. For significant changes affecting existing client relationships, we will provide reasonable advance notice.

Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely approximates the intent of the original provision.

Contact Information

If you have any questions about these Terms of Service, please contact us: