Created on August 19, 2015.
General Terms and Conditions KES Visa, established at 2502 HT, The Hague, registered with the Chamber of Commerce under number 27129379.
1. Definitions & Scope
KES Visa/Keith Export/
KES Visa/
KES Visa & Legalization: KES Visa, registered with the Chamber of Commerce under number 27129379.
Client: The person who has accepted these general terms and conditions and who has purchased the product and/or ordered the provision of the service.
Legalizing body: body (embassy, consulate, ministry, court, or other official body) that stamps the legalizations requested by the client in or on the document (visa or legalization stamp). The legalization of a document can also take the form of an external document that serves as proof of the legalization.
Carrier: Delivery can be made by one of the following carriers;
- KES
- a partner of KES or
- a third party agreed with the client (DHL, PostNL, TNT, Skynet, UPS, FedEx, etc.)
Delivery: Delivery of documents by carrier to the address stated thereon. Delivery is always registered unless otherwise agreed with the client.
Agreement: Any agreement concluded between KES Visa and the other party.
Shipment: A piece offered to the carrier
2. Applicability of these terms
These General Terms and Conditions apply to every offer, quotation and Agreement concluded between KES and the Other Party, unless the parties have expressly deviated from these General Terms and Conditions in writing.
These General Terms and Conditions also apply to agreements with KES, for the implementation in which third parties must be involved.
The applicability of any purchase or other General Terms and Conditions of the Other Party is expressly rejected.
If it appears that one or more provisions in these General Terms and Conditions are void or voidable, the General Terms and Conditions will remain in force in all other respects. In the event of this situation, KES and the Other Party will consult with the aim of agreeing new provisions to replace the void or voided provisions.
Deviations from the Agreement and General Terms and Conditions are only valid if they have been expressly agreed in writing with KES.
3. Conclusion of the Agreement
The agreement is concluded by sending the required documents to KES. The moment we have received documents from the client or third parties.
The agreement is concluded after the client digitally/in writing calls on KES to perform tasks/provide its services.
Agreements to which these general terms and conditions apply will remain in force if the legal form of KES changes.
4. Services and services
Check visa application ; Checking documents before they are submitted for legalization to a legalizing body.
Visa application; KES submits a visa application to the legalizing authority on behalf of the client and provides additional services such as returning a passport. Waiting time may be charged if a KES employee has to wait longer than 30 minutes when submitting a visa application to an agency
Documents Legalization; KES submits a document to the legalizing authority on behalf of the client and provides additional services such as returning documents. Waiting time may be charged if a KES employee has to wait longer than 30 minutes when submitting a document to be legalized to an authority
Digital legalization; KES fills in a digital form on behalf of the client and in this way ensures that the necessary documents are legalized by the relevant authority
5. prices
The rates owed by the client will be announced by KES before the agreement starts.
KES invoices legalization costs from the legalizing authorities.
These are fixed costs that, after KES has advanced them for the client, must be repaid at all times, regardless of the result of the application.
In addition, KES invoices service costs for the effort work of KES.
All amounts due are increased with taxes and duties, which KES is obliged to charge.
6. Compliance with the Agreement
All goods delivered by KES in the context of the Agreement remain the property of KES until the Other Party has properly fulfilled and paid in full what it owes under the Agreement.
The agreement has been fulfilled by KES when the document delivered by the client is again in the possession of the client or the party handling the delivery.If the agreement relates to a visa application or legalization, KES only acts as a mediator between the legalizing authority and the client.
KES is not responsible for work that the client has performed directly at the legalizing authority. KES is only responsible for the documents submitted by an employee of KES for processing to a legalizing authority, unless otherwise agreed in writing with the client.
The client is aware that procedures or rates at legalizing authorities can change at any time, KES cannot be held liable for the consequences of these changes. The client runs this risk and agrees to it the moment he/she chooses to have KES act as an intermediary.
KES is not responsible for the correct or valid delivery of the documents of the legalizing authority. The client is obliged to check the documents for correctness and validity after receipt, but in any case within 10 days and to contact KES if necessary to continue the mediation or to contact the legalizing authority directly in order to to take corrective action as soon as possible.
KES only enters into a best efforts obligation and not a result obligation, which means that KES does not guarantee the decisions of a legalizing authority. Nevertheless, KES will perform an agreement to the best of its knowledge and ability in order to be of service to the client. KES guarantees that the delivered goods comply with the agreement. KES also guarantees that the delivered goods meet the usual requirements and standards that can reasonably be set and that the goods possess those properties that, taking all circumstances into account, are necessary for normal use.
If this is necessary for the proper execution of the agreement, KES has the right to have certain work performed by third parties. If the delivered item is produced by a third party, the warranty provided by this third party applies, unless indicated otherwise
The execution of the assignment is based on information provided by or on behalf of the client. The client shall ensure that all data, which KES or the legalizing body indicates are necessary or which the client should reasonably understand to be necessary for the execution of the agreement, are submitted to KES in writing/digitally in a timely manner. The client guarantees the correctness and completeness of the information provided to KES. KES is not obliged to check the data provided by the client.
If the necessary information has not been provided by the client on time or if the information is incomplete for whatever reason, KES has the right to suspend the information without making any further effort. The costs incurred by KES until then can be recovered from the client.
Travel bookings should not be made before the traveler is in possession of a valid visa, unless this is required by the legalizing authority.
7. Duration of the agreement / Contract duration
The agreement is entered into for actions determined in the agreement for services unless the parties expressly agree otherwise in writing.
If an implementation term is exceeded, the Other Party must give KES written notice of default, whereby KES is still offered a reasonable term to implement the Agreement.
A notice of default is not required if execution has become permanently impossible or if it has otherwise become apparent that KES will not fulfill its obligations under the Agreement. If KES does not proceed with execution within this period, the Other Party has the right to dissolve the Agreement without judicial intervention and/or to demand compensation.
8. Change of agreement
If during the execution of the Agreement it appears that it is necessary for a proper execution to change or supplement the Agreement, KES will inform the Other Party of this as soon as possible. The parties will then proceed to amend the Agreement in good time and in mutual consultation.
If the parties agree that the Agreement will be amended or supplemented, the time of completion of the execution may be affected as a result. KES will inform the Other Party of this as soon as possible.
If the amendment or addition to the Agreement will have financial, quantitative and/or qualitative consequences, KES will inform the Other Party about this in advance.
Changes to the originally concluded Agreement between the Other Party and KES are only valid from the moment that these changes have been accepted in writing by both parties by means of an additional or amended Agreement.
9. Payment
KES is entitled to compensation for its work, regardless of whether the agreement between the client and the legalizing authorities has been concluded and can be performed through its mediation.
In addition to the compensation for its work, the client is obliged to KES to reimburse all costs charged by the legalizing body. Other costs that are necessary for the proper execution of the agreement, including but not limited to: the postage and/or courier costs, travel costs and other expenses.
KES can make a budget/quotation of the expected costs at the written request of the client. Like the quotations, these are not binding, excluding VAT, unless otherwise agreed.
KES is at all times entitled to pass on price increases to the client at the issuing body and/or third parties engaged by it. KES will provide access to these price increases at the time that the client so requests.
In case of urgency, KES will charge an additional urgent rate. The amount of the compensation is stated on the websites ( www.keithexport.com and www.kesvisum.nl ) unless the parties mutually agree in writing or KES states a different fee when entering into the agreement.
All prices are exclusive of VAT unless otherwise stated
The prices on the websites of KES are subject to inaccuracies and price changes at KES or third parties.
Payment must be made within 14 days of the invoice date in a manner to be indicated by KES in the currency in which the invoice was issued.
After the expiry of 14 days after the invoice date, the client is immediately in default, without a notice of default being required. From the moment of default, the client owes interest of 2.5% per month on the amount due, unless the statutory commercial interest is higher, in which case the statutory commercial interest applies.
In the event of bankruptcy, suspension of payments or receivership, the claims of KES and the obligations of the Other Party towards KES are immediately due and payable.
10. Refusal and Suspension of the Agreement
If the Other Party does not, not fully or not timely fulfill an obligation under the Agreement, KES has the right to suspend the fulfillment of the corresponding obligation. In the event of partial or improper fulfillment, suspension is only permitted insofar as the shortcoming justifies it.
Furthermore, KES is authorized to suspend the fulfillment of the obligations if:
After the conclusion of the Agreement, KES has become aware of circumstances that give good grounds to fear that the Other Party will not fulfill its obligations;
the Other Party was requested to provide security for the fulfillment of its obligations under the Agreement when the Agreement was concluded and this security is not provided or is insufficient;
circumstances arise which are of such a nature that fulfillment of the Agreement is impossible or that unaltered maintenance of the Agreement cannot reasonably be required of KES.
KES reserves the right to claim damages.
11. Quotations
Quotations are made in writing and/or electronically, unless urgent circumstances make this impossible.
Offers from KES are without obligation, unless a term for acceptance is stated in the offer. If a term for acceptance has been set in the quotation, the offer and/or quotation will lapse when this term has expired.
The offer is valid while stocks last.
KES cannot be held to its quotations if the Other Party, in terms of reasonableness and fairness and generally accepted views, should have understood that the quotation or part thereof contains an obvious mistake or error.
If the acceptance, whether or not on minor points, deviates from the offer included in the quotation, KES is not bound by it. The Agreement will then not be concluded in accordance with this deviating acceptance, unless KES indicates otherwise.
A composite quotation does not oblige KES to deliver part of the goods included in the quotation and/or to perform part of the Assignment against a corresponding part of the stated price.
Quotations do not automatically apply to future orders or repeat orders.
12. Liability KES
The performance of the Assignment is entirely at the risk and responsibility of the Other Party. KES is only liable for direct damage caused by deliberate recklessness or intent on the part of KES.
KES is not liable for damage caused by KES or a third party to the client as a result of or as a result of the (non-)performance of this agreement as well as for other services provided by KES, unless the damage is the result of intent or deliberate recklessness. from KES itself.
KES is not liable for damage of any kind caused by
- the inaccuracy/incompleteness of the information provided by the client
- the inaccuracy/incompleteness of provided by the legalizing body
documents
- the resulting delay
If KES is responsible for damage, the damage is limited to a maximum of once the amount stated in the invoice or to the amount paid out by the liability insurance
KES is never liable for indirect damage, in any case including consequential damage, lost profit, lost savings, business interruption or immaterial damage of the Other Party.
The Other Party indemnifies KES against any claims from third parties who suffer damage in connection with the execution of the Agreement and which is attributable to the Other Party.
13. Liability client
The client is obliged to check the documents for correctness and completeness after completion of the work. If there are errors in the document, this must be reported to KES within 48 hours after discovery of the error.
In doing so, the Other Party should investigate whether the quality and quantity of the delivered and the Service provided correspond to what has been agreed, or at least meet the requirements that apply in normal trade.
The right to a (partial) refund of the price, repair or replacement or compensation will lapse if defects are not reported within the specified period.
The payment obligation will not be suspended if the Other Party notifies KES of the defective item within the stipulated period.
14. Force majeur
A shortcoming cannot be attributed to KES or the Other Party, as the shortcoming is not due to its fault, nor is it for its account by law, legal act or generally accepted standards. In this case, the parties are also not obliged to fulfill the obligations arising from the Agreement.
In these General Terms and Conditions, force majeure is understood to mean, in addition to what is understood in that area in law and jurisprudence, all external causes, foreseen or unforeseen, over which KES has no influence and as a result of which KES is unable to fulfill its obligations. .
Circumstances resulting in force majeure include: strike, lockout, fire, water damage, natural disasters or other external calamities, mobilization, war, traffic obstructions, blockades, import or export barriers or other government measures, stagnation or delay in the supply of raw materials or machine parts. , lack of workers, as well as any circumstances that impede the normal course of business as a result of which the fulfillment of the Agreement by KES cannot reasonably be expected of the Other Party.
KES also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the Agreement occurs after KES should have fulfilled its obligation.
In the event of force majeure, the parties are not obliged to continue the Agreement, nor are they obliged to pay any compensation.
Both KES and the Other Party may suspend all or part of the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than 2 months, both parties are entitled to dissolve the Agreement with immediate effect, by means of written notification, without judicial intervention, without the parties being able to claim any compensation.
If the force majeure situation is of a temporary nature, KES reserves the right to suspend the agreed performance for the duration of the force majeure situation. In the event of permanent force majeure, both parties are entitled to dissolve the Agreement extrajudicially.
If, at the time of the occurrence of force majeure, KES has already partially fulfilled its obligations under the Agreement or will be able to fulfill them, and the part fulfilled or to be fulfilled has independent value, KES is entitled to separately fulfill the part already fulfilled or to be fulfilled. to invoice. The Other Party is obliged to pay this invoice as if it were a separate Agreement.
15. Collection costs
If the Other Party is in default or in default in the (timely) fulfillment of its obligations, then all reasonable costs incurred in obtaining payment out of court will be borne by the Other Party.
With regard to the extrajudicial (collection) costs, insofar as the Other Party acts in its capacity as a Company, KES is entitled to compensation of 15 % of the total outstanding principal with a minimum of € 90 for each invoice that has not been paid in whole or in part.
With regard to the extrajudicial (collection) costs, KES is entitled, insofar as the Other Party acts in the capacity of Consumer, to the statutory maximum permitted compensation as stipulated in the Decree on compensation for extrajudicial (collection) costs.
Insofar as the Other Party acts in the capacity of Consumer, KES is only entitled to compensation for the extrajudicial (collection) costs after KES has sent the Other Party a reminder after the default has occurred to pay the outstanding invoice or invoices within 14 days. .
Any reasonable judicial and enforcement costs incurred will also be borne by the Other Party
16. Complaints, Disputes and Applicable Law
Complaints must be submitted in writing by the client
Dutch law applies exclusively to all legal relationships to which KES is a party. This also applies if an obligation is wholly or partly performed abroad or if the Other Party is domiciled abroad.
The applicability of the Vienna Sales Convention is excluded.