General Terms & Conditions
1. Applicability
1.1 These General Terms and Conditions apply to all offers, quotes, services, and agreements ("Assignment") between ControlBuddy (part of &FS), registered with the Chamber of Commerce under number 71347755 ("ControlBuddy", "we", or "us"), and the client ("Client" or "you").
1.2 Deviations from these General Terms and Conditions are only valid if explicitly agreed upon in writing between both Parties.
1.3 The applicability of any purchase or other general conditions of the Client is explicitly rejected.
2. Formation of the Assignment
2.1 An Assignment is established when the agreement or quote signed by the Client and ControlBuddy is received back, or via a digital confirmation (such as email or digital signature platform).
2.2 If a signed confirmation has not yet been received back, the Assignment is deemed established under the applicability of these General Terms and Conditions the moment ControlBuddy commences work at the Client's request.
2.3 ControlBuddy reserves the right to perform client onboarding and identity verification procedures prior to entering into an Assignment (including compliance with applicable laws such as the Anti-Money Laundering Act / Wwft).
3. Nature & Scope of Services
3.1 ControlBuddy provides services in financial control, process governance, interim control, and the preparation/structuring of financial documentation packages.
3.2 No Statutory Audit: ControlBuddy is not an audit firm under the Audit Firms Supervision Act (Wta) and does not provide statutory audit opinions.
3.3 No Wft / Tax Advisory: ControlBuddy's services do not constitute formal tax advice or financial advice regulated under the Financial Supervision Act (Wft).
3.4 The Client remains fully responsible for all final decisions made based on ControlBuddy's deliverables, reports, and advisory insights.
4. Use of AI Technology & Governance (AI Act Compliance)
4.1 ControlBuddy utilizes advanced automated analysis tools and artificial intelligence ("Financial AI Engine") to accelerate data processing and anomaly detection during the execution of the Assignment.
4.2 Human-in-the-Loop Governance: No analysis, report, or process evaluation is delivered autonomously or unmonitored by algorithms. Every AI output is personally reviewed, thoroughly verified, refined, and authorized by a Senior Finance Partner.
4.3 No AI Data Training: Client data and financial documentation are never used to train public or external AI models. All client data remains strictly segmented and confidential.
4.4 Transparency & AI Act Compliance: Through human oversight and operational transparency, ControlBuddy complies with the requirements of the European AI Regulation (EU AI Act).
5. Obligations of the Client
5.1 The Client is required to provide all data, documents, and administrative files necessary for the proper and timely execution of the Assignment in a timely, complete, and requested (digital) format.
5.2 The Client guarantees the accuracy, completeness, and reliability of the data provided to ControlBuddy. ControlBuddy is not obligated to independently verify the accuracy of information received from the Client or third parties.
5.3 Additional costs or delays resulting from failure to provide requested information in a timely or proper manner shall be at the Client's expense and risk.
6. Execution & Turnaround Times
6.1 All services are performed to the best of ControlBuddy's knowledge and ability. Regarding intended results, ControlBuddy's obligations constitute a best-efforts obligation (inspanningsverbintenis), unless a specific result is explicitly guaranteed in writing.
6.2 ControlBuddy determines the manner and qualified personnel through which the Assignment is executed.
6.3 Communicated turnaround times (e.g. 4 to 72 hours) commence only after ControlBuddy has received all required data and documentation in full and any agreed advance payments have been settled.
6.4 Delivery timelines are target dates and not strict deadlines (fatale termijnen), unless explicitly agreed upon in writing as a strict deadline.
6a. Data Provision, AI Input Quality & Service Level Protocol
"Garbage In, Garbage Out." Our Financial AI Engine relies on the technical integrity, accuracy, and completeness of the data provided by the Client. The Client guarantees that all uploaded or submitted files, spreadsheets, and documents are correct, fully legible, uncorrupted, and provided in the requested digital format.
Commencement of turnaround times. Promised turnaround times (e.g. 4 to 72 hours) commence strictly after all required data and documentation have been received in full and verified as technically readable and complete by ControlBuddy.
Impact of incomplete or faulty data. If submitted files are incomplete, incorrect, corrupted, or structurally flawed: the agreed turnaround time is automatically suspended until proper data is provided, and ControlBuddy is not responsible for delayed outputs or inaccurate initial automated processing caused by faulty input data.
Additional work & out-of-scope billing. Any manual data cleaning, file restoration, re-formatting, or additional analytical work required to correct faulty Client data falls outside the fixed-fee scope. This remediation work will be billed separately as out-of-scope work at ControlBuddy's standard hourly rate, following prior notification to the Client.
7. Confidentiality & Data Protection (GDPR)
7.1 Both Parties are obligated to maintain confidentiality regarding all sensitive information obtained from each other during the Assignment.
7.2 ControlBuddy processes personal data strictly in accordance with the General Data Protection Regulation (GDPR / AVG) and its Privacy Statement.
7.3 ControlBuddy implements appropriate technical and organizational measures to protect personal and financial data against loss or unlawful processing.
7.4 ControlBuddy is permitted to utilize secure cloud and software providers (processors) for service delivery under appropriate data processing agreements.
8. Intellectual Property
8.1 ControlBuddy retains all intellectual property rights regarding methodologies, software, AI prompts, financial models, templates, reports, and advice developed or used during the Assignment.
8.2 The Client is strictly prohibited from reproducing, publishing, or commercializing ControlBuddy's intellectual property outside its own organization. The Client is granted a non-exclusive right to use delivered documents strictly for internal business operations.
9. Fees & Payment
9.1 Services are performed based on agreed fixed fees or time-based invoicing against standard hourly rates, excluding VAT and out-of-pocket expenses.
9.2 Payment must be made within 14 days of the invoice date into the bank account designated by ControlBuddy.
9.3 If the Client fails to pay within the payment term, the Client is in default by operation of law and liable for statutory commercial interest. All judicial and extrajudicial collection costs shall be borne by the Client.
9.4 Objections to invoice amounts do not suspend the Client's payment obligations.
10. Liability & Indemnification
10.1 ControlBuddy is not liable for damages caused by incorrect or incomplete information provided by the Client.
10.2 ControlBuddy's total liability for attributable failure in performance or tort is limited to the fee paid by the Client (excluding VAT) for the specific deliverables giving rise to the claim, with an absolute maximum of €25,000.
10.3 ControlBuddy is never liable for indirect damages, including consequential loss, lost profits, missed savings, business interruption, or data loss.
10.4 The liability limitations do not apply in cases of willful misconduct or deliberate recklessness by ControlBuddy.
10.5 Any claim for damages expires 12 months after the event giving rise to the claim first arose.
10.6 The Client indemnifies ControlBuddy against third-party claims arising from the execution of the Assignment, except in cases of willful misconduct by ControlBuddy.
11. Termination
11.1 Either Party may terminate the Assignment in writing with reasonable notice.
11.2 ControlBuddy may terminate or suspend performance immediately if the Client files for bankruptcy, requests suspension of payments, or fails to meet financial obligations.
11.3 Upon early termination, the Client remains obligated to pay for all work performed and costs incurred up to the date of termination.
12. Electronic Communication & Remote Operations
12.1 Communication and deliverable submissions occur primarily via electronic means (email, secure portals, video conferencing).
13. Non-Solicitation
13.1 During the Assignment and for 12 months following its completion, the Client shall not employ or directly engage any personnel or partners involved on behalf of ControlBuddy without prior written consent.
14. Applicable Law & Jurisdiction
14.1 All legal relationships between ControlBuddy and the Client are governed exclusively by Dutch law.
14.2 Disputes shall be submitted in the first instance to the competent court in the Midden-Nederland district (Lelystad/Utrecht location), The Netherlands.
15. Company & Contact Details
ControlBuddy — part of &FS
Chamber of Commerce: 71347755 · VAT: NL002289707B69
Address: Kabelstraat 5, Almere Poort (The Netherlands)
Operations: ControlBuddy operates 100% digitally. Physical office visits strictly by appointment after written confirmation.
Email: info@controlbuddy.nl / support@controlbuddy.nl (response within 1 business day, Mon–Fri 09:00–17:00)
Phone: +31 (0)85 - 303 6396 (availability Mon–Fri 10:00–11:00)
Website: www.controlbuddy.nl