Last updated: 24 November 2025

1. Scope

These general conditions (the “General Terms and Conditions”) apply to all services provided or to be provided by or on behalf of TC Accountancy & Advisory (hereafter TC A & A).

Any derogation must be expressly accepted in writing by both parties.

In the absence of any specific agreement in this matter in the engagement letter, the agreement is concluded and takes effect:

  • either when the professional receives the engagement letter, signed by the client, and countersigns it in his turn;
  • or when the professional begins to perform the engagement, at the client’s request, when this performance begins at an earlier time due to exceptional or urgent circumstances.

The acceptance of the engagement letter issued by TC A & A implies the acceptance of the General Terms and Conditions, including their future evolutions, for any current or future file handled by TC A & A.Provided that they have been communicated to the client, these General Terms and Conditions and the engagement letter are applicable when, at the client’s request, the professional begins to perform their engagement before the engagement letter has been signed.

TC A&A reserves the right to modify these General Terms and Conditions at any time.
Any modification will be communicated to the Client in writing (including by email) at least fifteen (15) days prior to its effective date.

If the Client does not submit a written objection within this period, and/or continues to perform the contract after the new General Terms and Conditions come into effect, the new terms shall be deemed accepted by the Client and shall be fully binding on them.

Services performed prior to the effective date of the new General Terms and Conditions shall remain fully valid and may not be contested by the Client on the basis of these new terms.

In the event of an express refusal of the new General Terms and Conditions, the Client may terminate the contract/business relationship without compensation, provided that written notice is given prior to the effective date of the said terms.

2. Our collaboration

2.1. Terms of collaboration

TC A & A is a Belgian company registered with the Belgian company register under number 0740.763.561 and is member of the Institute for Tax Advisors and Accountants (ITAA), registered under the number 50.752.622.

2.2. Professional secrecy – money laundering – DAC6

Both TC A & A, as well as its director(s), employee(s) or agent(s) are bound by professional secrecy, in accordance with article 50 of the law of March 17, 2019 relating to the accounting and tax professions and article 32 of the Royal Decree of March 1st, 1998 laying down the rules of professional conduct for certified accountants and tax advisers, subject however to the application of the provisions of the legislation and regulations relating to the prevention of the use of the financial system for the purpose of money laundering and terrorist financing.

The client confirms that he is aware of the fact that the professional is subject to the legislation relating to the prevention of the use of the financial system for the purposes of money loundering and terrorist financing and undertakes to deliver to him, without delay, any information and/or document required under the said legislation.

In addition, TC A&A, its director(s), employee(s), or agent(s) are bound by the law of December 20, 2019, transposing the Council Directive (EU) 2018/822 dated May 25, 2018, amending Directive 2011/16/EU on the automatic and mandatory exchange of tax information in relation to reportable cross-border arrangements (hereinafter DAC 6).

However, in accordance with the instructions of the ITAA, TC A & A informs the client the professional secrecy prevents it from making any DAC 6 declaration or from informing intermediaries concerned by an arrangement falling in the scope of DAC 6.

2.3. TC A & A's scope of professional responsibility

In accordance with general contract law, the liability of TC A & A can only be engaged for engagements which it is shown to have accepted.

Except with respect to compliance with legal deadlines (provided that the client has complied with all its obligations as referred to in article 4 of the General Terms and Conditions as well as those mentioned in the engagement letter), TC A&A undertakes to perform its services for the Client with reasonable care and skill. TC A&A shall carry out the engagements entrusted to it fully independently and in accordance with the standards, instructions, or regulations of the ITAA, taking into account the applicable laws and regulations in force at the time of performance of the agreement.”

TC A & A depends on the client for the accuracy of the information and/or documentation provided by the latter. TC A & A is not obliged to verify the correctness and completeness of the information communicated to it by the client or on his behalf, as well as the reliability of all deeds, contracts, inventories, invoices and supporting documents of any nature, which would be entrusted to it or presented by the client as probative documents or to be used as such.

Our mission does not include the detection of fraud, irregularity, or illegality in actions, but only the verification of the content of the documents received within our mission, as to their completeness and adequacy in terms of the principles and standards generally accepted by the profession.

TC A & A cannot be held liable for the consequences of subsequent changes – where applicable, with retroactive effect – to legal and regulatory provisions.

TC A & A cannot be held liable for any breaches, mistakes or offences committed before its intervention.

TC A & A is an independent member firm of Alliott Global Alliance, which is an international alliance of independent accounting, law, and specialist firms. Alliott Global Alliance and its member firms are legally distinct and separate entities. These entities are not and shall not be construed to be in the relationship of a parent firm, subsidiary, partner, joint venture, agent, or a network. No Alliott Global Alliance member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind Alliott Global Alliance or any other Alliott Global Alliance member firm in any manner whatsoever.  Equally, neither Alliott Global Alliance nor any other member firm has any authority to obligate or bind TC A & A or any other member firm. All Alliott Global Alliance members are independent firms, and as such, they each render their services entirely on their own account (including benefit and risk). In connection with the engagement letter, the General Terms and Conditions or any other services from time to time provided by TC A & A, TC A & A may seek advice from or may recommend the retention of an Alliott Global Alliance member firm. Alliott Global Alliance and its other member firms shall have no liability for advice rendered by TC A & A, or such consulted or retained Alliott Global Alliance member firm.  Nor shall TC A & A have liability for advice rendered by any of the other Alliott Global Alliance member firms, even if consulted or recommended to you by TC A & A.  

In any case, the liability of TC A & A for any services performed by or on behalf of TC A & A or which is directly or indirectly linked to an engagement entrusted to TC A & A is limited to the amount covered by virtue of the conditions of the professional civil liability insurance program taken out by TC A & A through the Institute for Tax Advisors & Accountants.

TC A & A has taken out professional liability insurance with the broker MARSH (ZCN690001092/03177). This liability is covered by Allianz Benelux (No. ZCN69000109203177), AXA Belgium (No. 730562547) and Zurich Benelux (No. 5029693).

This limitation also applies to claims that would be directed by the head of the performance of the engagement against all persons, partners, managers and / or independent collaborators, who are insured within the meaning of the insurance contract.

However, this limitation does not apply in cases of intentional misconduct or gross negligence, which are excluded from coverage under the professional insurance contract.

When it appears that two or more cases of damage result from the same fault, they will be considered as constituting only one case of liability, and liability will therefore be limited to the greater amount of those applicable to missions or agreements concerned.

Unless otherwise required by law, TC A & A shall not be liable for any indirect or consequential economic loss or damage (including, without limitation, loss of profit, turnover and customers) that the customer may suffer as a result of the services provided by it.

No liability towards a third party is accepted unless TC A & A has given its express written consent.

Compensation for damage caused by the non-performance of a contractual obligation by an auxiliary of TC A & A can, within the legal limits, only give rise to an action for contractual liability against TC A & A and not an action for non-contractual liability against TC A & A or the auxiliary, even if the event giving rise to the damage is also of a tortious nature.

The professional rules authorize TC A & A, in the strict respect of professional secrecy, to accept business for other clients whose activities may compete with those of the client.

3. Fees

Our rates and flate-rate offers are specified in the engagement letter or, failing that, in any written document, regardless of the medium. They may vary depending, in particular, on the experience and qualifications of the consultant assigned to the engagement.

All rates are exclusive of VAT, foreign taxes, and any deductions, disbursements, or travel expenses.

The flat-rate offers are limited to the services described and do not cover other services such as but not limited to specific tax services such as various advices, response to a request from the administration or assistance in the context of a dispute with the administration.

They are determined based on an estimate of the volume of work required, the difficulty of the engagement, the nature of the activity and the time and experience required by a professional.

If, during the work, any of these factors should change in such a way that our proposal is no longer appropriate, we will immediately contact you to agree on a new budget proposal.

The fees and costs are due as and when the services are provided for the benefit of the client, even if the engagement is not necessarily completed.

TC A & A can request one or more advance payments. These payments are brought into account in the final statement of costs and fees.

All costs and fees of objections must be made in writing by registered letter or by email within 15 days of the date of the invoice default to what the customer is deemed to have agreed with the services and amounts charged.

Invoices and/or fee notes are payable within 14 days of the invoice date.

In the event of a delay in payment of over 15 days, the following will be automatically and without any prior notice of default due:

  • a compensatory interest at the rate provided for in Article 5 of the Law of 2 August 2002 relating to late payment in commercial transactions;
  • a contractual indemnity fixed at 10% of the unpaid amounts, with a minimum of € 250.00.

Notwithstanding the above, where the customer is a consumer (a natural person acting for purposes which are outside their trade, business, craft or profession):

  • interest and compensation may only be applied if the customer’s default persists after a period of 14 days starting on the third working day following the sending of a reminder or the calendar day following the day on which the reminder is sent if it is sent by email;
  • the fixed compensation is limited to:                
  • a) 20 euros if the outstanding amount is less than or equal to 150 euros;                
  • b) 30 euros plus 10% of the amount due on the portion between 150.01 and 500 euros if the outstanding amount is between 150.01 and 500 euros;
  • c) 65 euros plus 5% of the amount owed on the portion above 500 euros, up to a maximum of 2,000 euros if the amount owed is more than 500 euros.

4. Client’s obligations

In view of the engagement entrusted to TC A & A, the client scrupulously undertakes to collaborate and provide precisely and on time all the documents, data, and information necessary for the execution of the mission.

The client undertakes also

  • to provide any information that TC A & A requests according to the legislation and regulations relating to the prevention of the use of the financial system for the purpose of money laundering and terrorist financing;
  • communicate without delay any change in their contact details to TC A & A and any change in their beneficial owners;
  • to comply with Belgian company law and to any legislation preventing or relating to corruption, criminal offense, or fraud;
  • to make available to TC A & A, timely, all documents, data, and information necessary for the execution of the mission;
  • to perform the work assigned to it, as appropriate, in accordance with the engagement letter;
  • to bring to the attention of TC A & A any data, events, or developments likely to influence the execution of the mission;
  • Upon TC A & A’s request, confirm in writing that the documents, information, and explanations provided are accurate and complete;
  • Check whether the documents and statements produced by professional match its expectations and the information provided by him, and if this is not the case, to inform without delay TC A & A;
  • inform TC A & A of any default in payment, from the first due date, regarding any administration, fiscal, social, or any other creditor whatsoever.

Failing to do so, TC A & A will be authorized to terminate the mission according to article 6.3 below and will be released from any responsibility for non-compliance with the deadlines set by laws, regulations, and agreements for the execution of fiscal, social, or other formalities, which would fall under the cover of his mission.

5. Possible transfer of the agreement

In the event of a transfer of this agreement outside the scope of the operations defined in Articles 12.2 to 12.11 of the Companies and Associations Code, in particular in the context of a transfer of clientele, to a legal entity recognised by the ITAA, the professional shall inform the client in writing, no later than fifteen days after the transfer, of the full contact details of the transferee, including their registration number in the ITAA public register. This information shall also indicate to the client that the engagement will be continued by the transferee and the date on which this takeover will take place.

The client acknowledges and agrees that this engagement letter will be continued in full with the transferee.

6. Place of execution of the mission

Books and documents provided to or prepared by TC a & A for the execution of the mission can be moved to other places upon TC A & A’s discretion. The professional may hold them for the time necessary to carry out his mission(s). The client always has the right to consult them, either personally, or through the intermediary of one of its representative or agent bearing a written power of attorney, provided that these books and documents are the property of the client.

It is the client’s responsibility to keep the accounting records and documents and to take them back as soon as the professional notifies him of their availability. The professional undertakes to make his accounting documents available to the client on a regular basis. The collection of paper documents and files takes place at the professional’s office unless otherwise agreed by the latter.

Notification to the client that the documents and files are available places the risk on the client.

If the client fails to collect their documents and files despite prior notification from TC A & A, the latter has the right to return them to the client by any means it deems appropriate, at the client’s sole expense and responsibility. This option does not affect the fact that the risks remain the responsibility of the client from the moment of notification as provided for in the previous paragraph.

7. Terms and conditions for the end of collaboration

7.1. Recurrent engagements

Recurrent engagements are engagements which are repetitive in nature, and which do not meet the definition referred to in article 7.2 of “non-recurrent engagements”.

The contract relating to recurrent engagements is concluded for an indefinite period. Each Party shall have the right to terminate it by notifying the other Party of its willingness to do so by registered letter and observing a three-months’ notice period unless the Parties agree otherwise.

In the event of non-compliance by the client with the notice period, TC A & A is entitled to obtain the payment of a compensation corresponding to 50% of the fees invoiced during the previous 3 months.

During the notice period, the provisions of the engagement letter and these General Terms and Conditions remain in force.

Unless otherwise agreed by the parties, the termination of the mission, even with observance of a notice period, results in the immediate termination of the professional’s services for the preparation of the annual accounts for the financial year preceding the date of termination.

7.2. Non-recurrent engagements

Non-recurrent engagements are one-off and non-repetitive engagements, the achievement of which puts an end to the engagement.

Unless otherwise proven, the agreement relating to a non-recurring engagement is deemed to be concluded for a fixed period.

It ends with the performance of the engagement and, if this is applicable in view of the nature of the engagement, with the delivery of the agreed services.

In application of article 1794 Civil Code and, where applicable, notwithstanding article 2004 Civil Code, the client has the right to terminate the agreement early, upon payment to the professional of the costs and fees corresponding to work already carried out.

This compensation is calculated on a real basis, with a minimum of 50% of the fees that would have been due in the event of full performance of the engagement.

7.3. Immediate termination

Each party may terminate the collaboration at any time in the event of a serious breach by the other party of its obligations which the latter has not remedied within 8 days of receiving formal notice to that effect.

The following, in particular, are considered to be serious breaches on the part of the client:

  • any circumstance likely to compromise the independence of TC A & A;
  • any circumstance likely to render impossible the execution of the mission, in accordance with professional and ethical standards;
  • the failure of the client to communicate the documents necessary to TC A & A for the execution of its mission;

in case of judicial reorganization, dissolution, liquidation, bankruptcy of the client or any similar procedure.

7.4. Follow up

Upon termination of the mission, all books and documents, property of the client, are made available to him or to f his representative by means of the drafting of an inventory dated and signed in as many original copies as there are parties.

The end of the mission:

  • entails immediate withdrawal of any mandate issued for the filing of any returns, official documents or forms such as individual tax returns, corporate tax returns, VAT tax returns, annual accounts, UBO register …
  • requires the client to take back without delay all his accounting documents from the professional.
7.5. Suspension or postponing of the engagement

In the event of non-performance, improper performance, or late performance, by the client, of one or more of its obligations, including in the event of non-payment of fees or down payment(s), in accordance with article 3 above, TC A & A is entitled, after having formally notified the client to fulfill its obligations, to suspend or defer the performance of its obligations until the client has satisfied hers engagements.

All costs and charges (including fines and compensation) resulting from the suspension or postponement are the responsibility of the client.

TC A & A is entitled in all circumstances to the payment of fees and costs relating to services already performed.

7.6. Force majeure

For the purposes of this Agreement, “force majeure” means any event that is unforeseeable, unavoidable, and beyond the control of the party invoking it, which renders the performance of its obligations impossible.

The party unable to perform its obligations due to a force majeure event shall notify the other party without delay. The parties shall cooperate, to the extent possible, to mitigate the consequences of such event.

The performance of obligations rendered impossible by a force majeure event shall be suspended for the duration of the temporary impossibility.

The party affected by the force majeure event shall be released from its obligations if the event becomes permanent.

7.7. General disposition

In the event of termination of the Agreement, or if its performance is suspended or deferred for any reason, TC A & A shall inform the client of any urgent and necessary legal actions related to the mission entrusted to it, which must be carried out to protect the client’s rights.

8. Protection of Privacy and Processing of Personal Data

In the course of its activities, TC A&A may collect and process personal data concerning its clients, suppliers, and partners. Such processing is carried out in accordance with applicable law, including the General Data Protection Regulation (GDPR).

The Privacy Policy, which details the purposes of the processing, the rights of the data subjects, and the protective measures in place, is accessible at any time on our website at the following address: Website Privacy Policy – Accountancy & Advisory.

The parties acknowledge having read it and agree to comply with its provisions.

9. Prohibition on soliciting

For the entire duration of the collaboration, and for a period of 12 months after the end of the collaboration, whatever the reason for the termination of the relationship, the client and TC A & A expressly undertake not to take on any staff or independent collaborators of the other party involved in the execution of the agreement, directly or indirectly (in particular through a legal entity), nor to have them carry out work, directly or indirectly (in particular through a legal entity), unless the prior written agreement of the other party has been obtained.

Any infringement of this prohibition will give rise to a lump-sum compensation of 25% of the annual remuneration costs of the member of the staff which is deemed to cover the fees that would be applied by a head-hunter to find an equivalent profile.

10. Consumer customer's right of withdrawal

For the purposes of this clause, ‘consumer customer’ means any natural person who acts for purposes that fall outside the scope of their commercial, industrial, craft or professional activity.

In accordance with Articles VI.47 and VI.67 of the Economic Law Code, when the contract between TC A & A and the consumer customer is concluded at a distance or outside the usual place of business of TC A & A, the consumer customer has a withdrawal period of 14 days from the conclusion of this contract, within which they have the right to cancel the contract they have concluded with TC A & A, without justification.

The decision to withdraw must be notified in writing by means of an unambiguous statement (e.g. by registered letter, fax, email or using the withdrawal form attached to the engagement letter) before the expiry of the period for exercising the right.TC A & A will refund, where applicable, the costs and fees paid by the consumer customer within 14 days of being informed of the exercise of the right of withdrawal, using the same means of payment, unless the consumer customer expressly requests the use of a different means.

The consumer customer who requests the performance of services during the withdrawal period shall be liable to TC A & A for the fees, costs and expenses incurred up to the day on which they informed TC A & A of the exercise of the right of withdrawal.

Furthermore, the consumer customer may not exercise the right of withdrawal after the service has been fully performed if the performance began with their prior express consent. To this end, the consumer customer shall have completed the ad hoc declaration set out in Appendix to the engagement letter.

TC A & A is released from any duty to provide information regarding the consequences of the termination of its engagement.

11. Divisibility and jurisdiction

The General Terms and Conditions are applicable to the exclusion of all others. Any clause or condition constitutes a separate and independent provision. If a provision is considered to be null and void or unenforceable, all other provisions shall continue to apply.

The engagement of TC A & A will be governed and interpreted in accordance with Belgian law. Any dispute or claim arising therefrom will be submitted, prior to any legal action, to a mediation process in accordance with the mediation rules of bMediation, whose registered office is established at 1050 Brussels, avenue Louise 500. The mediation shall commence no later than fifteen (15) days after the request for mediation notified by one party to the other party and the duration of the mediation shall not exceed fifteen (15) days, unless expressly agreed by the parties. 

In the event of failure of the mediation, the courts of Brussels shall have exclusive jurisdiction, without prejudice to the jurisdiction of the professional bodies on which TC A & A depends.