General terms and conditions

Welcome to Kaminada. These Terms and Conditions apply to the use of our website www.kaminada.nl as well as on the tax and legal advisory services we offer in Spain, Portugal and the Netherlands.

By accessing or using our website, you fully agree to these terms and conditions. If you do not agree, please do not use our services.

These Terms and Conditions apply to all professional services provided by Kaminada and ARM Abogados and supplement any specific agreements between Kaminada, ARM Abogados and the Client. In case of contradictions, the specific agreement shall prevail.

Definitions

For the purposes of this document, the following definitions apply:

(i) "Kaminada":

  • "Kaminada Fiscal Y Contable S.L.", located at Ctr. del Cap de la Nau 135, 03730 Jávea, Spain, registered under CIF B70931993;
  • "Kaminada B.V.", located at Dr. Lelykade 44K, 2583CM The Hague, the Netherlands, registered with the Chamber of Commerce under number 88043479;
  • "Kaminada Gestão e Fiscalidade Unipessoal LDA", located at Avenida Conde de Oeiras 13ª, 2720-125 Amadora, Portugal, registered under NIF PT518205282.

(ii) "Kaminada" also includes the professional staff of the above entities and their affiliates.

(iii) "ARM Abogados":

  • "ARM & Asociados Abogados Y Asesores S.L.", located at Ctr. del Cap de la Nau 135, 03730 Jávea, Spain, CIF B72474562;
  • "ARM Advocaten CV", established at Dr Lelykade 44K, 2583CM The Hague, the Netherlands.

(iv) "Client" means the intended recipient of any service agreement.

(v) "Services" means the professional services as defined in the engagement agreement.

 

Purpose and Scope

The website aims to provide general information about the legal and tax services of Kaminada and ARM Abogados. These include:

  • Tax planning and compliance for individuals and businesses
  • Company formation and accounting
  • Financial statements and payroll
  • Legal advice and litigation representation

These terms and conditions apply to any user of the website, whether or not they purchase a service. By using the website, the user confirms having read, understood and accepted these terms and conditions.

We reserve the right to amend these terms and conditions at any time. Continued use of the website implies acceptance of the amended terms and conditions. The Client should consult these terms and conditions regularly. If the Client does not agree to these terms and conditions, he should discontinue use of the website.

 

Liability and Insurance

The information on the website is not intended as legal or tax advice and should not be taken as such. Kaminada is not liable for actions based on the content of the website without prior professional advice.

Kaminada shall not be liable for indirect, special or consequential damages arising from the use of the website, including loss of profits, loss of data, or claims of third parties.

We accept no liability for incorrect or incomplete information provided to us by the Client. Nor for damages resulting from the failure to provide essential data for the execution of the order.

The Client shall indemnify Kaminada, ARM Abogados, their employees and representatives against all claims, costs, damages and expenses arising from Client instructions or violation of applicable laws and regulations.

Kaminada shall arrange appropriate professional liability insurance, with a minimum coverage of [X], taken out with [x]. Proof of insurance can be provided upon request. The presence of insurance does not limit the Client's liability.

 

Payment obligation and consequences of non-payment

Invoices from Kaminada and/or ARM Abogados must be paid within 7 working days from the invoice date, in accordance with legislation in Spain, the Netherlands, Portugal and Directive 2011/7/EU on combating late payment.

If this term is exceeded, the Client is automatically in default, without notice of default being required. In that case, the Client shall owe interest in accordance with the applicable legislation as well as reasonable collection costs.

In case of repeated non-payment, Kaminada and/or ARM Abogados reserve the right to suspend or terminate services, without prejudice to the right to payment for services already rendered and costs incurred.

 

Data protection

Kaminada complies with the General Data Protection Regulation (GDPR) and related national legislation, such as the Spanish LOPDGDD. Personal data of clients is securely stored and shared with ARM Abogados only to the extent necessary for the performance of the contract.

Although we take appropriate security measures, we cannot fully guarantee the security of data transmission over the internet. Clients are aware of and accept this risk.

More information can be found in our Privacy Statement.

 

Confidentiality

All employees of or on behalf of Kaminada are bound by a duty of confidentiality. All communications, advice and documents are provided under the express condition of confidentiality.

ARM Abogados is also legally and professionally bound to confidentiality of information provided by the Client.

 

Prevention of Money Laundering and Terrorist Financing Act

Kaminada and ARM Abogados comply with the obligations of Law 10/2010 on prevention of money laundering and terrorist financing. The Client must cooperate with identification obligations and answer additional questions where necessary.

In case of suspicion of money laundering or terrorist financing, Kaminada may be obliged to report to the Spanish Bar Association and/or SEPBLAC. In case of insufficient cooperation, Kaminada has the right to terminate the service, without prejudice to the right to compensation for services and costs already rendered.

 

Applicable law and dispute resolution

The use of the website, its content and the services provided are governed by Spanish law.

Any disputes will be settled in the first instance by binding arbitration administered by the Elche Bar Association. In the second instance, recourse may be had to the Spanish courts.

 

Nullity

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

The absence of a formal written agreement shall not prevent the enforcement of payment; in such a case, the content of Kaminada's order confirmation shall be decisive.

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