T: + 31 (0)70-887 50 20
General Conditions of Access Indonesia
Article 1. DefinitionsIn these general terms and conditions is meant by:
1.1. ‘Assignment’: The agreement between a Client and the Assignee to perform services, as defined in Article 7:400 Article 1 of the Dutch Civil Code, Contract for professional services.
1.2. ‘Assignee’: Access Indonesia residing in The Hague, a company specialized in intermediary and consultancy services for obtaining visa and permits/licences for residence, work- and enterprising in Indonesia. Access Indonesia is registered by the Chamber of Commerce in The Hague under number: 27285069, where it has filed these general conditions and terms.
1.3. ‘Client’: Every (legal) person or authorized representative who enters into an agreement with Access Indonesia for intermediary services to acquire an entry visa for Indonesia or for the provision of other services agreed upon in writing.
Article 2. Applicability
2.1 These general terms and conditions will form part of all agreements between Assignee Access Indonesia and a Client involving the provision of services, offers made and quotations. No deviations from these terms and conditions shall have effect unless and if explicitly agreed upon by both Parties and confirmed by Access Indonesia in writing to Client.
2.2 These conditions shall also apply to all agreements with Access Indonesia whereby specific services are carried out by a Third Party to whom the execution of such an agreement is partially entrusted.
Article 3. Prices quoted
3.1 Quotations made in the agreement have been determined by Access Indonesia on the basis of tariffs and conditions applicable on the moment the agreement is concluded.
3.2 As a result of unforeseen changes in and during the required activities to be performed and/or changes in Indonesian law and legislation, changes in prices quoted may occur. Access Indonesia will inform Client of such changes in due time.
Article 4. Agreement
4.1 Agreements will be concluded when Access Indonesia has received and accepted the confirmation of an assignment in writing.
4.2 Agreements are concluded for one or more assignments, unless both Parties have agreed otherwise in writing.
4.3 In order to ensure that the assignment can be properly executed, Client will timely provide Access Indonesia with all data and information required in the form and manner specified by Assignee. If Client fails to comply with this obligation, Access Indonesia will not be obliged to continue the execution of the assignment, as laid down in Article 6, Cancellation. Costs already incurred by Access Indonesia will be borne by Client.
4.4 For the execution of specific activities, Access Indonesia will make use of a Third Party, as laid down in Article, 2:2.
Article 5.Changes in the agreement
5.1 Due to unforeseen circumstances and/or force majeure, changes may occur in the tasks to be performed, delivery times, quoted prices and quality levels agreed upon.
5.2 Access Indonesia will inform Client as soon as possible of any changes affecting the agreement. Parties will timely and with mutual consent make required modifications in the agreement.
5.3 If such modifications need to be made due to circumstances which may be attributed to Access Indonesia, no extra costs will be charged to Client.
Articlel 6.Cancellation
6.1. An agreement can solely be cancelled on basis of mutual consent.
6.2 If an agreeement is cancelled, Client is obliged to pay all costs incurred by Access Indonesia till the moment of cancellation, as provided in Article 3:2.
Article 7. Payment
7.1 Unless otherwise agreed, the price quoted in the agreement will be paid by Client in advance.
7.2 If the payment is not received prior to the agreed start of the execution of the assignment, Access Indonesia has the right to suspend all activities required for the execution of the agreement and charge legal interest (including all (extra-) judicial costs).
7.3 Access Indonesia also has the right to keep all documents made available by Client for the execution of the agreement until complete payment has been received.
Article 8.Confidentiality
Access Indonesia and Client shall not disclose to third parties any information provided within the scope of the agreement, both confidential and non-confidential. This also applies to information provided by any other parties involved in the execution.
Article 9. Intellectual property rights
9.1 All forms of advice given to Client and results of activities performed for Client by Access Indonesia, are for the sole use and benefit of Client him/herself. All rights of intellectual property of these advices or other results of the activities performed, will accrue to Access Indonesia.
9.2 Except with the written consent of Access Indonesia, Client will not be allowed to reproduce or use any of the advices or other results of activities performed by Access Indonesia for the direct or indirect benefit of third parties.
Article 10. Liability
10.1 Save in the event of intent or gross negligence, Access Indonesia is not liable for any damage or loss suffered by Client.
10.2 In the event of intent or gross negligence as provided in 10:1 the liability of Access Indonesia is limited to the amount of the net invoice value of the service performed.
10.3 Access Indonesia will perform the assigned activities to the best of its abilities, however, without a guarantee that the intended result will be achieved; No liability will be accepted for any damage or loss suffered by Client or third parties as a result of a visa or licence, not or not timely issued and/or refused for issuance by the competent authority.
10.4 All information provided to Client by Access Indonesia is the most recent and accurate information available on the moment of acceptance and during the execution of the assignment. Access Indonesia accepts no liability for any damage suffered as a result of changes in local laws and legislation.
Article 11. Complaints
11.1 Complaints will only be accepted if made to Access Indonesia in writing during the execution of the assignment or at the latest 8 calendar days after the cause of the complaint has arisen.
11.2 The handling of a complaint does not exempt Client from the obligation to pay Access Indonesia for its rendered services.
11.3 In case of a justified complaint, Access Indonesia will, to the best of its abilities and save situations of force majeure as provided in Article 12:2, still try to carry out the assignment as agreed.
Article 12. Force majeure
12.1 In the event of force majeure as provided in Article 12:2, Access Indonesia has the right to suspend the agreement without judicial proceedings, and/or wholly or partly dissolve the agreement without any obligation to honour claims for compensation.
12.2 Force majeure in these general conditions is defined as: All external, not foreseeable causes such as wars, natural disasters, (and also but not limited to) disability, fire, burglary, computer failure or other calamities in the office of Access Indonesia or the office of the third party involved in the execution of the assignment, which cannot be influenced by Assignee, as a result of which Access Indonesia is unable to carry out the assignment as agreed.
Article 13. Sponsorship
13.1 “Sponsorship” is a status linked to a stay in Indonesia and is made possible through the intermediary services of Access Indonesia, as provided in Article 2:2 and Article 4:4.
13.2 An “Applicant for Sponsorship” is a Client making an application for Sponsorship through the intermediary services of Access Indonesia, as provided in Article 2:2 and Article 4:4.
13.3 An Application for Sponsorship will only be accepted by Access Indonesia after the applicant has agreed in writing to meet all conditions described hereafter: During his/her stay in Indonesia, the applicant will not engage in any paid or unpaid employment, has adequate means of subsistence and/or insurance for all foreseeable and unforeseeable cost of living, sickness, death and repatriation in the event of sickness or death. The applicant will also be in possession of a Liability insurance for individuals.
13.4 The Applicant understands that certain health or other personal circumstances may be a reason for the competent authority to refuse permission for a sponsored stay in Indonesia.
13.5 The Applicant has an obligation to timely provide Access Indonesia with all required, correct and complete information as provided in this Article, points 2 and 3. The applicant has taken note of the rules of Sponsorship made available to him/her in writing prior to departure. The applicant agrees to comply with these rules during his/her stay in Indonesia and will abide by the Indonesian laws and legislation. Failure to do so may lead to immediate withdrawal of the Sponsorship made possible through the intermediary services of Access Indonesia. All financial and other costs arising out of such withdrawal will be borne by the applicant/client.
Article 14. Disputes
14.1 All offers, agreements and the execution of agreements, are solely governed by Dutch law. Disputes will be subject to the jurisdiction of The Court in The Hague, unless a Sub-district Court is competent to rule.
14.2 These general terms and conditions have been issued in both Dutch and English. In the event of any differences of content or purport between the two versions, the Dutch text will be binding.
Article15. Modifications
Access Indonesia has the right to modify and/or adapt these conditions at all times if so required.