General Terms and Conditions
Smart Trade Compliance
Article 1 – Definitions
For the purposes of these general terms and conditions, the following terms shall have the meanings set out below:
Smart Trade Compliance: The trading name of Smart Trade Compliance B.V.
Smart Trade Compliance B.V.: A private limited company (Besloten Vennootschap) incorporated and established in Rotterdam in 2026, registered in the Trade Register of the Dutch Chamber of Commerce under number 42053948.
JWVG Trade & Compliance B.V.: A private limited company (Besloten Vennootschap) incorporated and established in Rotterdam in 2017, registered in the Trade Register of the Dutch Chamber of Commerce under number 69640661 and registered for value added tax purposes under number NL857952900 B01.
http://www.SmartTradeCompliance.com: The official website of Smart Trade Compliance.
Client: The natural person or legal entity that has engaged Smart Trade Compliance to perform work and/or provide services, or that is in the process of negotiating such an engagement.
Work: All work and activities in respect of which an engagement has been granted, or which are otherwise carried out by Smart Trade Compliance. This term shall be construed in the broadest sense and shall in any event include the activities specified in the order confirmation.
Services: All services in respect of which an engagement has been granted, or which are otherwise rendered by Smart Trade Compliance. This term shall be construed in the broadest sense and shall in any event include the services specified in the order confirmation.
Order Confirmation: A written or electronic confirmation issued by Smart Trade Compliance to the Client, submitted by email to janwillem.vangijzen@smarttradecompliance.com, specifying the work and/or services to be performed and/or delivered by Smart Trade Compliance.
Article 2 – Applicability
1. These general terms and conditions apply to the formation, content, and performance of all agreements entered into by Smart Trade Compliance in the context of the execution of work and/or the provision of services.
2. Any general terms and conditions of the Client shall only apply to agreements and/or services entered into with Smart Trade Compliance to the extent that they are not in conflict with the present conditions. In the event of doubt as to whether such a conflict exists, the general terms and conditions of Smart Trade Compliance shall prevail.
Article 3 – Commencement and Duration of the Agreement
3. The agreement is entered into for an indefinite period of time, unless the nature or scope of the engagement indicates that it has been concluded for a fixed term.
Article 4 – Performance of the Engagement
4. Smart Trade Compliance shall determine the manner in which the work and/or services are performed and shall, where possible, take into account timely and reasonable instructions provided by the Client regarding the execution of the engagement.
5. Smart Trade Compliance reserves the right to have certain work and/or services performed by a person or third party designated by Smart Trade Compliance, without prior notice to the Client, where Smart Trade Compliance deems this desirable or necessary for the optimal execution of the engagement for both parties. The applicability of Articles 7:404, 7:407(2), and 7:409 of the Dutch Civil Code (Burgerlijk Wetboek) is expressly excluded.
Article 5 – Fees
6. 7. 8. 9. The fees of Smart Trade Compliance shall be calculated in accordance with the standard rates of Smart Trade Compliance. Fees shall become due in proportion to the work and/or services performed and/or delivered by Smart Trade Compliance on behalf of the Client.
By mutual agreement with the Client, fees may also be determined in an alternative manner. Any such arrangement shall be recorded in the order confirmation.
Smart Trade Compliance reserves the right, prior to the commencement of work and/or delivery of services and at any point during the engagement, to suspend the execution of work until the Client has paid a reasonable advance payment to Smart Trade Compliance for the work to be performed. This advance payment shall be offset against the final invoice relating to the work for which the advance was paid.
The fees of Smart Trade Compliance, where applicable supplemented by advances and invoices from engaged third parties, shall be charged to the Client on a monthly basis or immediately upon completion of the work and/or delivery of services, inclusive of any applicable value added tax and out-of-pocket expenses.
Article 6 – Payment
10. Payment of the invoice amount by the Client shall be made within 20 calendar days of the invoice date, in euros, by transfer to a bank account designated by Smart Trade Compliance, without any right of discount or set off.
11. In the event that the Client fails to make payment within the aforementioned period, or within any alternative period agreed upon, the Client shall be in default by operation of law. Smart Trade Compliance shall then be entitled, without any further demand or notice of default, to charge statutory interest from the due date until the date of full settlement, without prejudice to any further rights of Smart Trade Compliance.
12. All costs arising from judicial or extrajudicial collection of the claim shall be borne by the Client. Extrajudicial collection costs are set at a minimum of 15% of the outstanding amount, with a minimum of EUR 250.
Article 7 – Complaints
13. Any complaint regarding the work performed and/or services rendered and/or the invoice amount must be submitted to Smart Trade Compliance in writing within 30 days of the dispatch date of the documents or information to which the complaint relates, or within 10 days of the discovery of the defect, provided that the Client demonstrates that the defect could not reasonably have been discovered at an earlier stage.
14. A complaint as referred to in the preceding paragraph shall not suspend the Client’s payment obligations.
15. If a complaint is not submitted in a timely manner, all rights of the Client in connection with the complaint shall lapse.
Article 8 – Liability
16. Smart Trade Compliance accepts no liability whatsoever for loss or damage of any nature arising from or in connection with work performed and/or services rendered, other than in cases of wilful misconduct or gross negligence on the part of Smart Trade Compliance.
17. Smart Trade Compliance shall not be liable for loss or damage of any nature resulting from Smart Trade Compliance having relied upon incorrect and/or incomplete information provided by or on behalf of the Client.
18. The liability of Smart Trade Compliance shall in all cases be limited to the invoice value of that part of the agreement from which the liability arises, or to the amount covered by Smart Trade Compliance’s professional liability insurance if that amount is lower. For engagements with a duration exceeding six months, liability shall be further limited to the invoiced amount over the preceding six- month period.
19. The liability of Smart Trade Compliance is limited exclusively to any fines incurred as referred to in the first paragraph and shall never extend to any customs duties, taxes, and/or excise duties claimed or levied.
20. Any claims by the Client in this regard must be reported to Smart Trade Compliance by registered letter within 6 months of the completion of the work; failure to do so shall result in the forfeiture of the Client’s rights.
Article 9 – Confidentiality and Exclusivity
21. Smart Trade Compliance is obliged to maintain confidentiality with respect to third parties not involved in the engagement. This obligation of confidentiality pertains to all information of a confidential nature made available to Smart Trade Compliance by the Client, as well as to the results obtained through the processing thereof. This obligation does not apply insofar as statutory provisions impose a duty of disclosure upon Smart Trade Compliance.
22. Smart Trade Compliance is not entitled to use the information made available by the Client for any purpose other than that for which it was obtained, unless otherwise agreed.
Article 10 – Intellectual Property Rights
23. All intellectual property rights vesting in or associated with the products or and work carried out by Smart Trade Compliance belong exclusively to Smart Trade Compliance or to third parties. All information and materials obtained from Smart Trade Compliance are intended solely for the personal use of the Client or its organization.
Smart Trade Compliance B.V. & JWVG Trade & Compliance B.V.|
Rotterdam, the Netherlands | CoC 69640661 | VAT NL857952900 B01