General Terms and Conditions of Global Visa Services
General Terms and Conditions of Global Visa Services

- Global Visa Services (GVS) is an activity of de Nederlandse Visumdienst en Ambassade Informatie (NVAI) having her official seat at the Laan van Nieuw Oost-Indie 1E Den Haag, the Netherlands.
- You are deemed to have read these General Terms and Conditions and by entering into the Agreement having accepted them without any exception.

1. Definitions

In these General Terms and Conditions (hereinafter referred as the “Terms and Conditions”), the following terms shall have the following meaning:
- “Contract Price”: the price due to GVS in connection with the provision of Services under the Agreement;
- “Services”: any services that GVS has undertaken to provide under the Agreement. Services shall - among other things - include: remediation with visa applications, taking care of legalisations and contacts with embassies and consulates;
- “GVS”: the user of these Terms and Conditions;
- “Customer”: the counterparty of GVS being the person or company that consumes the Services or the holder of the passport;
- “Agreement”: the contract or acknowledgement of order (to be) entered into between Customer and GVS with respect to the provision of services, including these Terms and Conditions which form an integral part thereof.

2. General

2.1. These Terms and Conditions apply to any services provided by GVS. The applicability of any general terms and conditions of the Customer is hereby expressly rejected.
2.2. The Terms and Conditions may be deviated from only by written Agreement between GVS and Customer. In the Terms and Conditions the word written shall also be taken to mean by fax, e-mail, internet or other electronic medium.
2.3. In the event of any conflict between the Dutch text of these Terms and Conditions and any translations thereof, the Dutch text shall always prevail.

3. Agreement

3.1. All GVS’ offers shall be not binding. An Agreement shall be concluded between GVS and Customer at the moment Customer has sent the order to GVS and GVS has started the execution of the order.
3.2. All offered and agreed prices are based on the tariffs, wages and costs of social directives and or the law, freight and exchange rates that are valid at the moment of the offer, respectively the moment of entering into the Agreement. In the event, one of these factors changes, GVS shall be entitled to retroactively till the moment of the change, amend the offered and agreed prices accordingly.
3.3. GVS shall be entitled to have the Agreement performed by a third party or employees of a third party. In the event such third party or employees of the third party, during the activities performed for GVS, will be liable towards Customer, such third party or the employees of the third party are deemed to be employed by GVS. Any and all provisions with regard to exclusion and limitation of liability as well as any indemnification of GVS under these Terms and Conditions shall be applicable for such third party and the employees of the third party as well.

4. Contract price

4.1. The amounts referred to in the offers are exclusive of VAT.
4.2. If GVS charges all-in, respective fixed tariffs, such tariffs are deemed to include all costs which in general under normal execution of the Agreement should be for the account of GVS.
4.3. Unless agreed otherwise, not included in the all-in, respective fixed tariffs are: taxes, levies consular- and legalisation costs and fees.
4.4. For special services, incidental, specific time consuming- or effort required activities, an extra reasonable amount can be charged.

5. Performance of the Agreement

5.1. The Customer shall provide GVS, free of charge, timely with correct and complete information reasonably deemed necessary in connection with the Agreement.
5.2. GVS shall not be obliged but will be authorized to examine if the supplied information is complete and correct.
5.3. If no specific instructions were given by Customer when entering into the Agreement, the way of forwarding and handling will be at the discretion of GVS.
5.4. Complying with the Agreement is deemed to have taken place when the agreed Services have been performed by GVS. It should be noted that the performance is deemed to be an obligation to perform to the best of one’s abilities and not an obligation to guarantee a certain result.
5.5. If during the Agreement a term has been agreed, such term shall never be a fatal term.

6. Warranty for Services provided

6.1. GVS warrants performance of the Services to the best of its abilities. Any additional warranty with respect thereto is explicitly excluded.

7. Payment Terms

7.1. Unless explicitly otherwise agreed upon, payments shall be made cash on entering into the Agreement or on delivery of the documents. When deviation of this rule is agreed upon, a payment term of 14 days is applicable.
7.2. Payment shall be made without any deductions, compensation for debts or withholding of any nature.
7.3. Any objections of whatever kind to invoiced amount shall be submitted to GVS in writing within 14 days of the date of the invoice, failing which the invoiced amount shall be deemed to have been accepted by Customer.
7.4. If Customer fails to perform any of the above payment obligations, Customer shall pay GVS statutory interest on the amount overdue.
7.5. In addition GVS may suspend performance. GVS is entitled to withhold goods, documents and amounts for the account and risk of Customer till its claims are fulfilled.
7.6. GVS can also execute the rights assigned to her in section 4 and 5 on outstanding amounts under previous agreements between Customer and GVS.
7.7. Under all circumstances Customer shall be obliged to pay GVS all amounts in connection with the Agreement for which payment is demanded by authorities, including embassies and consulates.
7.8. All the extra-judicial and judicial costs shall be for Customer’s account, whereby a minimum of 15% (15 per cent) of the outstanding amount shall be considered as the minimum compensation.

8. Liability

8.1. GVS’ contractual liability is limited to performing to the best of GVS’ abilities as mentioned in article 5.4 of these Terms and Conditions.
8.2. In all circumstances GVS’ liability shall be limited to 1) the amount of the Contract Price or 2) the amount which is paid out under GVS’ liability insurance policy, which ever is the lesser.
8.3. GVS shall in no event be liable for any economic losses or consequential damage including but not limited to loss of profit and immaterial damage.
8.4. Customer shall be liable towards GVS for all damages caused by the incorrectness, inaccuracy or incompleteness of the instructions and data, or for not or not timely providing documents and/or for not complying with the specific conditions issued by authorities, including embassies and consulates, in connection with the Agreement.
8.5. Customer shall indemnify GVS against any costs and damages in connection with claims of any third party against GVS in connection with the Agreement in so far GVS would not be liable towards the Customer therefore.

9. Force Majeure

9.1. As force majeure is considered, all circumstances which could not be avoided by GVS and whose consequences could in fairness not be prevented by GVS.
9.2. In the event of force majeure, GVS will be entitled to (i) terminate the Agreement with immediate effect or (ii) to propose Customer a further term for performance. If upon expiry of this term GVS is unable to perform its obligations, GVS will be authorized to terminate the Agreement with immediate effect. In the event of termination due to force majeure Customer will not be entitled to compensation of any damages and costs.
9.3. If upon termination of the Agreement GVS has partly fulfilled her obligations, GVS is entitled to send an invoice for the fulfilled part and Customer is obliged to pay the invoice as if it concerned an independent agreement.

10. Non-disclosure

10.1. Both parties are obliged to observe confidentiality regarding all information in connection with the Agreement, obtained from each other or other sources.

11. Intellectual Property

11.1. All intellectual property rights, including all documentation, as well as the carriers of intellectual property rights which come to the knowledge of Customer in connection with or by virtue of the Agreement, will at all times remain vested in and the property of GVS and will not be copied, disclosed to the public or to any third party without the written consent of GVS in advance. Same applies for all information published on the web-site of GVS.

12. Confidentiality

All data that will be collected by GVS will be stored confidential and will be used only in connection with the execution of the Agreement.

13. Applicable Law and Jurisdiction

13.1. All legal relationships between GVS and Customer shall be governed by Dutch law only.
13.2. In the event of a dispute between GVS and Customer arising from or in connection with the Agreement or the Terms and Conditions or a legal relationship arising therefrom, the dispute will be submitted to the competent court in Breda, the Netherlands.

version January 2017