ZS Tax & Consulting doo Beograd (hereinafter as: ZS Tax), is an accounting and consulting firm which provides accounting and administrative services in the area of accounting, finance and tax in accordance with the Law on accounting, international accounting regulation, tax law as well as all other relevant, positive law of Republic of Serbia.
The team of ZS Tax consists of a group of highly qualified staff with the necessary experience, expertise and skills as well as the tendency for further continuous professional development. The characteristics that form our team are efficiency, dedication to the job, as well as a personal and experience driven approach in regards to the fulfillment of the Client’s needs and demands.
In order to establish a more efficient communication with the Clients, as a primary means of communication, every Client will have a designated person with high expertise (know how) in the area of services are in line with the demands of the Client, for a faster and more efficient identification of areas of activity, all in order to enable a more professional provision of services. ZS Tax strives to adjust its business with the needs of the Client, and in this way it guarantees the safety of the Client and tries to justify the trust provided by the Client.
These General Terms represent an integral part of the Contract for the provision of accounting and administrative services (hereinafter: Special agreement) and the General Terms regulated all matters which are not prescribed by the Special agreement and/or its annexes.
With the Special agreement, and its annexes, the provisions of the following services are contracted with the Client:
In the annex of the Special agreement with the Client can be contracted everything else that was not specified by the Special agreement, but falls in scope of the activity practiced by ZS Tax.
In the case of any obscurity of individual provisions of the Special agreement or its annexes, these General terms will be used to clarify and interpret said provisions.
MUTUAL RIGHTS AND RESPONSIBILITIES
The Client has the responsibility of deliver the complete documentation necessary for the execution of the Special agreement, to inform ZS tax in due time of all events which can affect the successful fulfillment of the contractual services, including, but not limited to conclusion of contract, agreement and the declaration of intent which can have economic – financial consequences. The Client is familiar with the fact that an opportune delivery of documentation is of essential importance for providing a quality, promptly and exact service necessary for the execution of the Special agreement.
Client guarantees for the correctness, integrity and reliability of the submitted documentation, while ZS tax doesn’t not have a responsibility to conduct any validity check regarding submitted documentation. If the Client notices certain irregularities and shortcomings it is responsible to, in the time prescribed by the Special agreement, inform ZS Tax.
On every mutual handover of the documentation, monetary or any other valuables, the Client and ZS tax are obliged to keep records, as well as to provide all the necessary documentation on the executed handover.
The Client is obliged to keep all necessary documentation in its own archives.
ZS Tax has the right as well as the responsibility to correct every mistake, omission and irregularities in its own reports once it has become aware of them and ZS Tax is obliged to inform the Client, without delay, of any such findings and correction made.
ZS Tax has the right to inform all third parties, who were made familiar with the original report, about the corrections made.
ZS Tax will perform accounting services using a specialized program packet adjusted to and in accordance with the regulation of Republic of Serbia.
ZS Tax keeps the right to change the specialized program packet under the condition that it continues to provide quality services in accordance with the applicable regulation of Republic of Serbia, with a prior written notice submitted to the Client.
CONFIDENTIALITY OF DATA PROTECTION
ZS Tax has an obligation to maintain the confidentiality of all data and information relating to the activity of the Client and cannot make them accessible to third parties without the express consent of the Client, except in cases when prescribed by applicable regulations to the minimum extent necessary and with a timely notification submitted to the Client.
The Contracting Parties shall assume responsibility for providing the necessary measures for safeguarding confidential data and may allow access to it only for persons authorized by the Client and ZS Tax.
ZS undertakes to use personal data in accordance with applicable laws and regulations. Personal data shall not be used for any other purpose other than those specified in a Special agreement.
In the event of termination of the Special agreement. ZS Tax is obliged to immediately return all the personal data of the Client at its disposal, as well as to destroy all copies of the documentation.
The Client agrees that ZS Tax may use the name and logo of the Client for the purpose of recommendations and marketing.
PROTECTION OF INTELLECTUAL PROPERTY BY ZS TAX
The Client is obliged to use all accounting documents, tax expert opinions, which are issued by a ZS Tax exclusively for the purposes specified in the Special agreement. ZS Tax retains the copyright on all the aforementioned documents drawn up for the needs of the Client.
The Client does not have the right to give or make available to third parties, without the prior written consent, the documentation on which the ZS tax has retained copyright. Unless specifically agreed, ZS Tax bears no responsibility for the documentation provided to third parties, The Client will, in the event of claims by third parties, indemnify ZS Tax to all the amounts of damages that may arise as a violation of the obligations of the Client.
COMPENSATION FOR SERVICES AND PAYMENT
Fees for provided accounting services are defined in the Special Agreement.
The fee amounts for providing tax consulting services, for general administrative services, payment services, preparation of local and foreign currency payments, billing, cash flow, an hourly amount will apply in the manner defined in the Special agreement. Hourly Prices depend on the complexity of the case and the degree of expertise that is necessary to provide contracted services.
VAT, WHT or any other similar payments which may be applicable under Serbian law or any other applicable law (including costs, expenses, bank's commissions or any other payable amounts) shall be charged in addition.
Other costs imply documented expenses, travel expenses arising from the execution of the obligations of the Special agreement, the cost of photocopying, payment of administrative fee, courier services, international telephone calls and conference calling and the client is obliged to pay them as addition to the fee.
ZS Tax may require payment in advance for their services or expense before the commencement of work. From such service fees in expenses will be paid in advance in the order they are created, unless otherwise agreed.
ZS Tax is obliged to issue and submit the invoice to the Client until 7th day of the calendar month for services rendered in the previous month, or within 7 days after the service is provided.
The Client is obliged to make the payment within 8 days of receipt of the invoice.
A Special agreement is concluded for an indefinite period. Both parties can terminate the Special agreement t with a prior notification within not less than one month (30 days). ZS tax may terminate the Special agreement if the client fails to pay the invoice for provided services within 30 days from the due date of the invoice.
In the case of termination of this agreement, ZS Tax will hand over all documents in possession to the Client or the third party of his choice, within 30 days of termination. The client has the right, within 30 days from the date of termination of the contract, to request from ZS Tax clarifications regarding the services provided to the moment of termination of the agreement.
ZS tax shall keep records of the Client in its own headquarters for the duration of the fiscal year. The Client has an obligation to, at the end of the business year, to take all the documentation that relate to it, but not before making a final account within the period provided for by the relevant law.
The previous provision shall not apply in the event of termination of the contract. In this case, the Client shall sign a statement on taking over documents so that ZS Tax bears no responsibility in case of a loss of accounting or any other documents from the day after the takeover by the Client. If the client refuses to hand over the documents after termination, it will be preserved at the expense of the Client.
All documents will be handed over to the Client only after the signing of the declaration of the takeover documents. The Client reserves the right during the financial year to request copies of the posted documents. This provision shall not apply in the event of termination of the agreement. Costs relating to the production of copies and extraordinary safeguarding of the documentation will be covered by the Client.
ZS Tax guarantees that services which are provided with a Special agreement will be provided timely and in accordance with the accounting and tax regulations, respecting the rules of the profession, only under the condition that the documents which are submitted by the client complete and in accordance with the features and terms that are closer defines in Special agreement.
ZS Tax is liable for breach of contractual rights and obligations when it was result of na intent or gross negligence.
ZS Tax is not responsible for any damage that results from the situation when the client for noncompliance with legal and contractual deadlines does not provide documentation or other necessary informations and ZS Tax is brought into the situation where ZS Tax need to do the contracted services in inappropriately short terms.
ZS Tax is not responsible for any damage that results from the situation when ZS Tax acts in accordance with the attitudes of professional opinion or in the accordance to the part of that professional opinion who are insufficiently precise, and in practise ensues the situation where the same regulations are interpreted differently and variously applied.
ZS Tax is not liable for damages arising from a case of force majeure.
The client is obliged immediately, without delay, to inform the ZS Tax in the case of the occurrence of adverse events, all in order to to mitigate the consequences that may arise from the occurrence of adverse events.
ZS Tax does not assume any responsibility for the lack of registration of Economic and financial affairs due to the non submission of appropriate documentation by the Client.
Height possible damages for which ZS Tax corresponds can not be higher than the amount which client paid for the overall service in the last 3 months prior to the occurrence of adverse events, except for the damage caused to the client by intent or by gross negligence.
APPLICABLE LAW, PLACE OF PERFORMANCE, THE PLACE OF ARBITRATION
The contracting parties agree that the applicable law for the purpose of performance the Special agreement is the law of the Republic of Serbia.
The place of performance of this agreement is Belgrade.
All disputes arising out of or in connection with the present General Terms of Business shall be finally settled by arbitration organized in accordance with the Rules of the Belgrade Arbitration Center (Belgrade Rules). The place of arbitration shall be Belgrade, Serbia. The language to be used in the arbitral proceedings shall be Serbian. The applicable substantive law shall be Serbian.
TRANSITIONAL AND FINAL PROVISIONS
The place of performing accounting services are business premises of the Client while the premises of ZS Tax only place of individual phases of processing accounting data.
All rights and obligations which are ensue from Special agreement can not be transferred. Special agreement replaces all previously signed agreements and proposals.
All changes of Special agreement may be only in writing form otherwise, it shall be deemed invalid.
All future statements of contractual parties referring to Special agreement, need to be in writing form in order to be valid.
Nullity of one of the contractual provisions does not constitute grounds for nullity of the entire agreement.
All fees which are defined in a foreign currency are calculated by the official middle exchange rate of the National Bank of Serbia on the date of the invoice.
If the client give the offer to an employee in a ZS Tax to accept a particular job on its own account or offer of employment, it shall be deemed to have acted contrary to good business practices and good faith for concluding a Special agreement , and the Client shall to pay compensation in the amount of the six-month gross salary of the employee in the ZS Tax.
A Special agreement enters into force on the date of signing.