Terms and conditions

 

Blue Umbrella Company B.V. 

Article 1. Definitions

The definitions included in these General Terms & Conditions:

Childcare

The professional, paid care and nurture of children until the first day of the month in which those children start secondary education

Childminding services

Childcare in a family environment by an individual other than those or their partners who are entitled to apply for a statutory Childcare allowance or grant respectively, consisting of the simultaneous care of no more than four children at the parent or childminder’s main residence

Childminder

The natural person offering childminding services

Childminding agency

An organization arranging and supervising childcare services

Registration number

The registration number of the childcare centre or child minding agency in the national registrar of childcare providers (LRKP)

Parent

The Parent is taken to refer to in these General Terms & Conditions as a Parent as intended in the Childcare Act [Wet Kinderopvang], who has applied for a Childcare allowance [kinderopvangtoeslag] from Blue Umbrella based on the Childcare regulations [kinderopvangregeling] implemented by Blue Umbrella.

Parental contribution

The monthly contribution from the parent for the childcare costs, collected by Blue Umbrella by direct debit

Partner

In these General Terms & Conditions the term Partner is taken to refer to the term as intended in the Childcare Act [Wet Kinderopvang]

Application for childcare allowance [kinderopvangtoeslag]

A parent is entitled to a childcare allowance [kinderopvangtoeslag] for the costs paid by him/her or his/her partner to the Childminding agency or is entitled to a grant for childcare costs paid by the parent or his/her partner to the local municipality or the Institute for Workers’ Insurance [Uitvoeringsinstituut werknemersverzekeringen] respectively, where the childcare concerned is provided by a registered childcare centre or childminding service mediated by a registered Childminding agency.

 

Article 2. General

  1. Clients and childminders will be deemed to be aware of Blue Umbrella’s procedures.
  2. Blue Umbrella acts as an intermediary agency for childminding services up to the age where the child enters secondary education.
  3. Blue Umbrella communicates with Clients and childminders in English.

 

Article 3. Payments by direct debit

  1. Monthly parental contributions will be collected on or around the 25th of every month prior to the relevant month through direct debit from the bank account provided by the parent.
  2. Blue Umbrella will notify parent per email, at least five days in advance, about any direct debit collections, specifying collection date and amount.
  3. If the direct debit fails, the payment obligation will nonetheless continue to apply.
  4. The parent is entitled to request repayment of the amount deducted by direct debit within one month. However, the payment obligation will nonetheless continue to apply.
  5. The parent is obliged to continue to ensure that there are sufficient funds available in his/her bank account to allow the direct debit to occur.

 

Article 4. Invoices and payment terms

  1. Invoices are stored and available on a personal online portal (MyBlue Page), which is exclusively accessible by the application/subscriber.
  2. The parent will receive access codes to the webpage referred to in sub 1 of this article, once the agency service commences.
  3. Blue Umbrella has a payment term of 14 days following the date recorded on the invoice.
  4. Payment is by one month in advance.
  5. The parent will be in default once the payment term has expired.
  6. A surcharge of € 10 will be applied for every failed direct debit.
  7. A surcharge of € 25 will be applied for every failed second attempt direct debit.
  8. Where payment has not been made within the period referred to in the payment reminder, Blue Umbrella will charge interest on the account from the payment expiry date. The interest rate will be equivalent to the statutory interest rate.
  9. Notwithstanding the stipulations in sub 4-8 of this article, Blue Umbrella may choose to offer alternative payment terms.
  10. Blue Umbrella reserves the right to terminate the registration of the parent’s child if payment arrears of two or more months have accrued. This will also mean that entitlement to any Childcare allowance [kinderopvangtoeslag] will lapse.

 

Article 5. Payment default

  1. Where there is a default in payment, Blue Umbrella will reserve the right to employ third parties to recover the amounts owed which are still outstanding.
  2. Blue Umbrella will charge € 50 (VAT excl.) for administration costs for payment arrears beyond two months.
  3. All extrajudicial costs incurred will be charged to the defaulting parent. The extrajudicial costs, with a minimum of € 250, for recovering payments will amount to at least 15% of the payments which are still owed.

 

 Article 6. Changes to charges

Blue Umbrella reserves the right to alter its charges. Blue Umbrella will inform the parent at least one month in advance of any changes in charges.

 

 Article 7. Disputes

Any disputes regarding invoices should be made in writing, either by email or by post, within 14 days after the payment expiry date. After this period Clients will be deemed to have approved both the service and invoice provided. Consequently, Blue Umbrella will not consider any issues raised beyond this point. Where there are grounds for disputing the issue, the payment obligation will be suspended until the point at which the dispute has been settled.

 

Article 8. Application for childcare allowance [Kinderopvangtoeslag]

  1. Service provision: calculating Childcare allowance based on the parent’s details, drafting the application for Childcare allowance, base calculation of Childcare allowance and submission to the Tax office, communicating changes in the parent’s personal circumstances to the Tax office, at the parent’s request, including changes to the household, childminding details, income, address and other changes which may affect the subsidy, communicating the discontinuation of Childcare allowance to the Tax Office at the parent’s request and submitting an annual statement for the Childcare allowance to the Tax Office based on the parent’s details.
  2. Blue Umbrella will adhere to the submission dates provided by the Tax Office in providing its service, in so far as the provision of details by the parent allows this.
  3. Blue Umbrella assumes that the parent will continue to provide correct and complete information on time. Blue Umbrella will under no circumstances accept liability for consequences following from incorrect information and/or delayed information being provided to Blue Umbrella. The parent is solely responsible in full for ensuring that information referred to in the first sentence in part 3 and as required for the service provision referred to in part 1 is provided to Blue Umbrella.
  4. Blue Umbrella is under no circumstances liable for damages following from information either partially or wholly incorrect and/or incomplete and/or information not provided on time by the parent.
  5. Blue Umbrella may request additional, written information from the parent in order to ensure an optimal service provision. Blue Umbrella will be entitled to postpone its service provision (temporarily) if this information is not provided.
  6. Blue Umbrella is under no circumstances liable for decisions and/or conditions imposed by the Tax Office.
  7. The level of surcharges reported by Blue Umbrella should always be considered as indicative only. The Tax Office will determine the level of surcharges. In this respect, Blue Umbrella is under no circumstances liable for any damage following from a potential page 5 of 8 difference between the level of Childcare allowance communicated by Blue Umbrella and that by the Tax Office.
  8. Blue Umbrella’s clients should be able to provide proof of identity which is valid in the Netherlands.
  9. Blue Umbrella’s liability is limited to € 50 for any demonstrable damage consequent to its service provision.
  10. Dutch law is applicable to the services provided by Blue Umbrella.

 

Article 10. Childcare Allowance

  1. Parent can elect Blue Umbrella to apply for their Dutch Childcare Allowance.
  2. The Childcare Allowance Service is offered in the Blue Childcare and Blue Payroll subscriptions.
  3. Blue Umbrella will manage the Dutch childcare allowance tax office accounts for the duration of the subscription.
  4. Blue Umbrella bears no responsibility for the actual childcare allowance entitlements.
  5. Parent is responsible for providing Blue Umbrella correct and accurate information relevant for their childcare allowance.
  6. Parent is required to report any changes relevant for their childcare allowance to Blue Umbrella.
  7. Blue Umbrella cannot be held responsible for an incorrect application with the Dutch Tax Office based upon incorrect provided information.
  8. The Dutch Tax Office decides which amount childcare allowance amount a parent is entitled to.

 

Article 11. Income Tax Return Service

Blue Umbrella prepares and submits your Income Tax Return on basis of the information you provide through this online questionnaire. By accepting Blue Umbrella's Terms and Conditions, you state that:

  1. information you provide is truthful and correct to your best knowledge;
  2. Blue Umbrella is not liable for the correctness and completeness of the information provided;
  3. Blue Umbrella will file your income tax when all requested documents and information are provided. Blue Umbrella cannot be held responsible for late receipt fees from the Dutch Tax Office if we have not receive the required information in a timely matter;
  4. Blue Umbrella will start your income tax filing after we have received the applicable fee

 

Article 12. Contact with the Dutch Tax Office

You authorize Blue Umbrella Company B.V. to act on your behalf until further notice in all matters pertaining to Dutch tax and national insurance and in particular to:

  1. collect information which is required for the tax return
  2. communicate with the tax office and to receive information from them
  3. receive electronic copies of tax assessments from the tax office
  4. lodge appeals to the tax office if the tax assessment is not in favor of the client

Every effort has been made to avoid errors or omissions. In spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of. It is notified that Blue Umbrella will not be responsible for any damage or loss of action to any one, of any kind, in any manner, there from. It is suggested that to avoid any doubt, the reader should cross-check all the facts, law and contents of the material on web with original Government publications or notifications.

 

Article 13. Description of Service

The information on this site is designed to provide tax preparation products and services that are believed to be accurate. However, no warranty, expressed or implied, is made by Blue Umbrella Company B.V., or its authors, as to the use or application of this site.

 

Article 14. Permission

Unless specifically provided in an additional agreement, Blue Umbrella Company B.V., gives you personally, non-transferable and non-exclusive permission to display on your computer, download, print, and utilize the HTML, text, and other content that is available to you on this site, for non-commercial or educational purposes only. Additionally, you are not authorized, without the written permission of Blue Umbrella Company B.V., to:

  1. duplicate, publish, modify or otherwise distribute any material on this site
  2. modify or create a similar work using the site content
  3. duplicate, sell, rent, resell or exploit for any commercial purposes any part of this site, use of this site, or access to the site
  4. establish a link to this site, or any location on this site
  5. access the site by any means other than through the HTML or other interface that is provided by Blue Umbrella Company B.V., for use in accessing this site
  6. use this site to perform any illegal activities

Additionally you agree to obey all applicable local and federal laws and regulations and you are responsible for any activity that occurs under password and username and you agree that Blue Umbrella Company B.V., can terminate your password, username, or use of the Site at any time and for any reason.

 

Article 15. Copyright and Trademark Information

All content on this site is either owned by Blue Umbrella Company B.V., or is used by permission of the owner. By use of this site, we do not grant any license or other authorization to any user of the copyrighted materials, trademarks, service marks, or trade names.

 

Article 16. Change to Site

Blue Umbrella Company B.V. reserves the right to change or discontinue the site, or any part of it, for any reason and without notice. You agree that Blue Umbrella Company B.V., will not be liable to you or any third party for any modifications to this site.

 

Article 17. Registration Requirements

In consideration of your use of the site, you agree to provide true, accurate and current information about yourself as prompted by the registration and various information forms on this site, and to update this information as necessary to ensure its accuracy.

 

Article 18. Member Account; Password and Security

You agree that if Blue Umbrella Company B.V., gives you a password and username, you are responsible for maintaining the confidentiality of the password or username. You agree to inform Blue Umbrella Company B.V. of any unauthorized use of your password or username, or any page 7 of 8 other security problems that you become aware of. Blue Umbrella Company B.V., assumes no liability for any loss or damage arising from your failure to comply with this part of the agreement.

 

Article 19. Links to Outside Sites

This site contains links to other web sites. We make no representations, warranties or assurances as to any information in such sites, have no responsibility for their content and are not liable for any damages or injury arising from that content. By using our site to link to another site, you agree and understand that you may not make any claim against Blue Umbrella Company B.V., for any damages or losses, whatsoever, resulting from such use, including privacy policies of the other site.

 

Article 20. Disclaimer

Blue Umbrella Company B.V. disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the site. We further disclaim any responsibility for the deletion, failure to store, miss-delivery, or untimely delivery of any information or material in respect of the site or the use thereof.

 

Article 21. Indemnification

You agree to indemnify and hold Blue Umbrella Company B.V., its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney fees, arising out of or relating to user content you submit, post to or transmit through the site, or your violation of any rights of any other person in connection with the site.

 

Article 22. Tax Correspondence Service - Blue Mail

  1. Blue Mail service is a provision for client’s Dutch Tax correspondence. Letters from the Dutch Tax Office will be sent directly to Blue Umbrella.
  2. Dutch tax letters addressed to client will be monitored and archived by Blue Umbrella.
  3. Relevant non-generic tax letters are placed on the client’s online portal (MyBlue Page).
  4. Blue Umbrella informs client – in English - about the content of tax letters it receives.
  5. Tax advisory is excluded from the Blue Mail service.
  6. Blue Umbrella passes information on from the Dutch Tax Office to Client. Client remains responsible for follow-up to requests and information sent by the Dutch Tax Office.

 

Article 23. Liability

  1. The parent should have taken out a third party insurance (WA) policy. The childminder is automatically insured for third party liability for his/her childminding services where Blue Umbrella is acting as an agent. As a supplementary condition Blue Umbrella requires that the childminder returns the signed agreement with Blue Umbrella.
  2. Blue Umbrella has taken out a statutory third-party insurance policy.
  3. Blue Umbrella expressly excludes all liability, in whatever form and however derived, however claimed and whatever type of liability, except where and so far as the liability is covered by the third-party liability insurance referred to above and will be compensated by the insurers.
  4. Blue Umbrella is unable to bear any liability/responsibility for the consequences of medical conditions, even where these conditions are known to Blue Umbrella. In addition, no liability/responsibility can be borne for the administration of medication (excluding treatments).

 

Article 24. Applicable Law

Dutch law is exclusively applicable to all services provided by Blue Umbrella including the agreements.

 

Article 25. Duration

  1. The agreement is concluded for a definite amount of time.
  2. The agreement will terminate without requiring notification in the month the child starts secondary education or in the event of the death of the child.

 

Article 26. Registrering details

  1. The parent is able to register with Blue Umbrella using the appropriate registration form available from the Blue Umbrella website. The accuracy of the details provided in this digital format will remain the parent’s responsibility.
  2. Blue Umbrella maintains a database which contains the parent and child’s details. Clients will agree to the registration of these details. These details will be treated confidentially.

 

Article 27. Privacy Statement

  1. Blue Umbrella will comply with the Data Protection Act [Wet bescherming persoonsgegevens]. Blue Umbrella will only provide the BSN (Dutch Social Security Number) to government agencies, and not provide the details of name/address/town (NAW). Blue Umbrella will only report this number to government agencies who are entitled to use it.
  2. Blue Umbrella will register the Clients’ personal details for its own administration. In addition, Blue Umbrella will record the number of information bulletins sent, including those concerned with the promotion of its activities.
  3. Blue Umbrella will not provide the Clients’ personal details to third parties without prior written approval from those involved.

 

Article 28. Alterations to the General Terms & Conditions

Blue Umbrella reserves the right to alter these General Terms & Conditions at any time. Clients will be informed of these changes in writing by email. Changes will be immediately applicable, unless otherwise described.

 

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