Terms & Conditions
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Privacy Statement
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Cookie Policy
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Terms & Conditions
Last updated on 15 May 2025
Intro
We are Go Dutch B.V. (GoDutch).
GoDutch is active in the facilitation of access to, for example, payment accounts, payment cards and other related products to businesses and physical persons. GoDutch provides an efficient and cost-effective software solution which enables Customers to open business payment accounts and use related services and products by leveraging the services and platform of our partner SWAN.
These Terms apply to Customer’s use of the Service, including all content, features, and additional services provided by GoDutch. For more information, GoDutch refers to its Website: godutch.com
GoDutch offers its Services under the condition that the Customer accepts these Terms of Use, including any applicable Appendices (the Terms). These Terms are applicable to all Services provided by GoDutch.
In addition to these Terms, the general terms and conditions of the third-party providers (such as other online and mobile payment service providers) and credit institutions apply, as further described in Clause 2 of these Terms. This includes, in particular, the following general terms and conditions of SWAN.
In these Terms, GoDutch and the Customer may be referred to individually as 'Party' and collectively as 'Parties'.
1. Definitions and Schedules
1.1 (User) account: online personal environment of the Customer required for the use of the Services and to which the Customer has access on the Website by entering an email address and password.
1.2 Agreement: the Terms and Conditions and all associated Annexes, including the Subscription.
1.3 Contract duration: the entire term of the Agreement during which the Customer has the right to access and use the Services.
1.4 Customer: the natural or legal person, registered or residing in one of the member states of the European Economic Area (EEA), acting in a business or professional capacity, who is registered in the trade register of the Dutch Chamber of Commerce and who enters into an Agreement with GoDutch, or to whom GoDutch makes an offer, with respect to the Services.
1.5 Data: all forms of information and materials collected, generated, uploaded, or created by the Customer through the use of the Services.
1.6 Documentation: the documents made available to the Customer by GoDutch online via the Website or in another manner and containing a description and/or user manual of the Services.
1.7 Effective Date: the effective date of the Agreement between GoDutch and the Customer as specified on the Subscription Page.
1.8 Exit: termination of the Agreement between GoDutch and the Customer.
1.9 Fees: the agreed Fees for the Services. The fees are listed on the website.
1.10 Force Majeure Event: circumstances not attributable to a Party, including, but not limited to, (i) circumstances beyond the control of GoDutch or any of GoDutch's suppliers, (ii) failure by GoDutch to properly perform obligations entered into by GoDutch on behalf of the Customer, (iii) defects in third-party goods, hardware, software, or materials used by GoDutch on behalf of the Customer, (iv) measures by government authorities, (v) power outages, (vi) general terms and conditions failures of the internet, data network, or telecommunication facilities, and/or (vii) (cyber)crime, (cyber)vandalism, war, or terrorism.
1.11 GoDutch: GoDutch B.V., a private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid), incorporated under Dutch law, with its registered office in Amsterdam (address: Rokin 97, 1012KM Amsterdam) and registered with the Trade Register of the Dutch Chamber of Commerce under number 93777981.
1.12 KYC procedure: The statutory identity verification procedure carried out by SWAN or another third-party service provider, which must be completed to the satisfaction of SWAN or such third-party service provider in order to use the Services. We refer to SWAN's terms of use for more information on the KYC procedure.
1.13 Personal Data: any information relating to an identified or identifiable natural person, including details such as name, contact details, account information as set out in the General Data Protection Regulation (GDPR).
1.14 Services: the software solution allowing Customers to (i) open an electronic money account or payment accounts with, (ii) use physical, digital, or virtual payment cards issued by, and (iii) access and use related payment services and products offered by SWAN, and all other services offered by GoDutch to the Customer under any Subscription, as agreed by the Parties.
1.15 Set-up Services: services provided by GoDutch for the implementation of the Services for the Customer, including, among other things, providing assistance with uploading Data to the Services, personalising the Services interface, or designating User Accounts.
1.16 Subscription: the user subscription for the Services, as purchased by the Customer and further specified on the Subscription Page.
1.17 Subscription Page: overview page in the Account containing specifications of the Services purchased by the Customer, the Subscription Fees, and any other terms further agreed by the Parties.
1.18 Subscription Period: the period of the Subscription starts on the date the Customer subscribes to the Services as described on the Subscription Page and continues for an indefinite period, unless and until terminated by either Party in accordance with the termination rights in these Terms and Conditions, unless a specific period has been agreed upon by the Parties as specified on the Subscription Page.
1.19 SWAN: a French simplified joint-stock company (société par actions simplifiée or SAS) with a capital of 30,983.52 euros, with its registered office at 95 avenue du président Wilson, 93100, Montreuil, registered with the trade and companies register of Bobigny under number 853 827 103. SWAN is an electronic money institution accredited by the French Prudential Supervision and Resolution Authority (ACPR), under bank code (CIB) 17328, offering regulated electronic money and payment services.
1.20 SWAN's terms of use: By registering for and using the Services, the Customer acknowledges and agrees that the Customer's account is provided by SWAN and is subject to the most recent version of SWAN's terms of use, as emailed upon sign-up.
1.21 Third-party software: the works and/or materials (software) that form part of the Services, including but not limited to open-source software, the intellectual property rights owned by a third party, and which may be specified by GoDutch at the request of the Customer.
1.22 VAT: value-added tax and any other tax of a similar nature. general terms and conditions Other definitions – recognisable by the use of a capital letter at the beginning – may also be defined in the text below.
2. Concluding the Agreement
2.1 These Terms apply to the relationship between GoDutch and Customers, their Account, and to those involved in the Services. By accessing, using or attempting to use the Services, the Customer acknowledges that the Customer accepts and agrees to be bound by these Terms.
2.2 GoDutch does not provide regulated electronic money and/or payment services within the meaning of the Dutch Financial Supervision Act (Wet op het financieel toezicht). When such electronic money and/or payment services are offered to the Customer as an integrated part of their Account, these services are provided by SWAN.
2.3 By registering for and using the Services, the Customer acknowledges and agrees that the Customer's account is provided by SWAN and is subject to SWAN's Terms of Use. The Customer must read, agree to and accept all terms and conditions in SWAN's Terms of Use before the Customer can become a user of the Services. The Customer's use of the Services is expressly conditional upon your express consent to all terms and conditions of this Agreement and SWAN's Terms of Use.
2.4 In order to use the Services, the Customer must complete the onboarding process. Until this process is completed, the Customer may not use the Services. As part of the onboarding process, the Customer must provide GoDutch with the information required for the KYC procedure. SWAN is responsible for carrying out the KYC procedure. The Customer understands and acknowledges that GoDutch is not responsible for this registration and acceptance process, that GoDutch cannot influence its outcome, and that any rejection of the SWAN registration and acceptance process cannot be remedied or reassessed by GoDutch.
2.5 These Terms do not apply to any (commercial and/or legal) relationship between the Customer and GoDutch's external partners, in particular SWAN, with respect to the services provided by such third party, including SWAN (Third-Party Services). Customer will enter into a separate agreement with third parties for the services offered by this third party. GoDutch has no influence or control over the agreement between Customers and the providers of Third-Party Services. GoDutch is not a party to Third-Party Services, but merely facilitates the Services to integrate features related to Third-Party Services.
2.6 Additional information, guidelines and FAQs regarding the Services, as amended from time to time, will be published on the Website. Customers and/or third parties cannot derive any rights from this information. This additional information published on the Website does not form an inextricable part of the relationship between GoDutch and Customers or other third parties.
3. Set-Up
After the Effective Date, GoDutch shall perform the Set-Up Services in collaboration with Customer and providers of Third Party Services in order to make the Services ready for use for the Customer, provided that the Customer has requested such Set-Up Services to be performed. If the Customer has not requested Set-Up Services, Customer remains responsible for designing, configuring, parameterizing and tuning Services, converting and uploading Data and, where required, for modifying the hardware and user environment used.
4. Offers and Quotations
4.1 GoDutch's offers and quotes are non-binding and apply exclusively to the Services as specified therein, unless expressly agreed otherwise.
4.2 GoDutch may assume that all data provided by the Client when preparing such an offer or quote is correct. The offer or quote may be adjusted if the data provided by the Client is incorrect, or if other or additional information is provided to GoDutch.
5. Prices, Payment, and Collecting Charges
5.1 Customer shall pay GoDutch the fees as specified on the Subscription Page and the applicable Annex(es), including any updates thereto, for the use of the Services (the “Fees”).
5.2 Fees applicable to the use of the Services or any part thereof, if applicable, are stated on the Website and/or the Subscription Page itself.
5.3 Following the issuance of the first invoice by GoDutch, the Customer authorises GoDutch to collect the payments due on a monthly basis directly from the payment account held with Swan via direct debit, otherwise the payments due shall be paid upon request via another payment method made available by GoDutch. With this authorisation, GoDutch can automatically withdraw amounts due for the Fees and any other agreed costs.
5.4 All invoices will be issued by GoDutch and sent to the Customer's email address and/or made available via the Account.
5.5 If the Customer fails to make a payment on the due date, GoDutch reserves the right to restrict the Account, thereby limiting the functionality of the Services, such as the ability to send payments, create new cards or send invoices, until the outstanding amounts have been paid.
5.6 Continued failure to make the due payments may result in the suspension of the Services and the termination of the Agreement. GoDutch will notify the Customer thereof before a termination with immediate effect becomes active.
5.7 GoDutch reserves the right to offset amounts owed by the Customer against any balances or payments owed to the Customer under this Agreement or any other agreement with GoDutch. This right of set-off does not extend reciprocally to the Customer.
5.8 A claim for payment becomes immediately due and payable if the Customer (i) is declared bankrupt, (ii) applies for a moratorium on payments, (iii) has a substantial part of its assets seized, or (iv) is liquidated and/or dissolved.
5.9 All amounts are in euros and exclusive of VAT, if applicable, and other levies imposed by relevant authorities, unless indicated otherwise.
5.10 Customer must pay invoiced Fees within fourteen (14) calendar days of the invoice date, unless agreed otherwise.
5.11 If the Customer does not pay the invoiced Fees in a timely manner:
5.11.1 A commercial interest of 10% shall be due on the outstanding invoice without further notice of default.
5.11.2 The Customer is obliged to fully reimburse both judicial and extrajudicial collection costs, including (i) reasonable legal fees, (ii) bailiff costs, and (iii) the costs of collection agencies, in addition to the amount due and interest owed thereon. terms and conditions
5.11.3 In the event of non-payment or late payment by the Customer, GoDutch may, after written notice to the Customer, limit the use of the Services. After a second written notice, GoDutch may suspend the Customer's use of the Services until the Fees, including accrued interest and costs, are paid in full.
5.11.4 A claim for payment becomes immediately due and payable if the Customer (i) is declared bankrupt, (ii) applies for a moratorium on payments, (iii) a significant part of its assets is seized, or (iv) is liquidated and/or dissolved.
5.12 GoDutch:
5.12.1 may unilaterally adjust the applicable prices and rates, after written notice to the Customer and subject to a notice period of one (1) month. In the event of a price adjustment, Customer has the right to terminate the Agreement by means of a written notice, within thirty (30) calendar days after the notification of the adjustment and with effect from the date on which the new prices and/or rates would take effect; and/or
5.12.2 may adjust the content or scope of the Services.
5.13 During the Contract Term, GoDutch reserves the right to index the applicable Fees annually using the Services Producer Price Index (SPPI) for the European Union, provided by Eurostat (https://ec.europa.eu/eurostat). The adjustment is calculated by comparing the SPPI of the current year with the SPPI of the previous year. GoDutch will notify any rate adjustments based on the SPPI in writing at least 30 days prior to the effective date of the adjustments. For the avoidance of doubt, the termination option of article
5.7.1 in the event of an increase in the Fees does NOT apply to indexation of the Fees based on the SPPI.
6. Benefits
6.1 Pursuant to an agreement between GoDutch and SWAN, GoDutch is entitled to payouts from SWAN, calculated on the basis of (“Rewards”).
6.2 GoDutch intends to share part of these benefits with the Customer according to the conditions agreed between GoDutch and the Customer (Rewards). Payouts of Rewards may not be characterised as interest on the funds held in the Customer's payment account. Rewards are discretionary payments made by GoDutch and GoDutch may unilaterally decide not to make such payments in respect of any specific period.
6.3 Rewards are calculated as a percentage of GoDutch's quarterly turnover. The total quarterly Rewards and the Customer's share of the Rewards will be announced within one month after the end of each quarter. Payment of these Rewards will be processed by GoDutch within one month of the announcement of the Rewards, subject to receipt by GoDutch of the corresponding Benefit payments from Swan. For the avoidance of doubt, Reward payouts to Customers are in any event subject to receipt of benefits from SWAN. If SWAN fails to pay out the Rewards to GoDutch, GoDutch shall not be obliged to make payments to Customers. Should there be a delay due to SWAN, GoDutch reserves the right to postpone the distribution of Rewards accordingly.
Account Obligations
7.1 The Client is fully responsible for ensuring that all information provided by the Client to GoDutch or third-party service providers is correct, complete, and up-to-date during the registration process and thereafter. GoDutch and its third-party service providers can fully rely on the information provided by the Client.
7.2 The Client is responsible for their own hardware, infrastructure, and supporting software and shall ensure that the (supporting) software for their own hardware is installed, organised, parametrised, and aligned. The Client will take appropriate measures to ensure that all equipment used by the Client to access the Services, such as PCs, laptops, tablets, or smartphones, is secure and free of viruses and other malicious software.
7.3 The Client bears the risk of selecting the Services to be provided by GoDutch.
7.4 The Client shall ensure that all employees and/or contracted parties engaged in the execution of the Agreement have the knowledge and experience required to use the Services.
7.5 The Client is responsible for the management, monitoring, control of the settings, (manner of) implementation, and use of the Services provided by GoDutch.
7.6 GoDutch provides Services on the instruction of the Client. The Client may use the Services solely for their own organisation, and only to the extent necessary for the intended use by GoDutch as described in this Agreement.
7.7 The Client agrees not to use the Services for any purpose prohibited by these Terms or applicable legislation, and only for the purpose for which GoDutch intended them. The Client is responsible for all of their activities related to their Account and the Services. By way of example, and not as a limitation, the Client will not (and will not permit a third party to) (a) take any action or (b) upload, download, post, submit, or otherwise distribute or facilitate the distribution of information on or through the Services that:
7.7.1 infringes any patent, trademark, trade secret, copyright, right of publicity, or other (intellectual property) right of any other person or entity (including GoDutch) or violates any law or contractual duty;
7.7.2 the Client knows to be false, misleading, untrue, or inaccurate;
7.7.3 is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, promotes bigotry, discrimination, or violence, or is otherwise inappropriate as determined by GoDutch after being notified thereof;
7.7.4 is unauthorised or unsolicited advertising, junk mail, or bulk email ("spamming");
7.7.5 other than appropriate use of an invitation URL, involves commercial activities (whether or not for profit) and/or sales without the prior written consent of GoDutch;
7.7.6 contains software viruses or other computer codes, files, worms, logic bombs, or programmes designed or intended to disrupt, disable, damage, limit, or interfere with the proper functioning of software, hardware, or telecommunication equipment, or to damage or obtain unauthorised access to any system, data, password, or other information of GoDutch or a third party;
7.7.7 impersonates any person or entity, including an employee or representative of GoDutch; or
7.7.8 contains anyone's identification documents or sensitive financial information;
7.8 Furthermore, the Client will not (directly or indirectly):
7.8.1 use the Services in a manner that affects the integrity or continuity of GoDutch's systems; terms and conditions
7.8.2 resell or redistribute (parts of) the Services in any way;
7.8.3 send unsolicited messages to GoDutch and/or to any third-party recipient;
7.8.4 take any action that imposes or may impose an unreasonable or disproportionately large load on the infrastructure of GoDutch (or its third-party providers);
7.8.5 disrupt or attempt to disrupt the proper functioning of the Services or activities carried out through the Services;
7.8.6 bypass any measures that GoDutch uses to prevent or limit access to the Services (or other accounts, computer systems, or networks connected to the Services);
7.8.7 use manual or automated software, devices, or other processes to ‘crawl’ or ‘spider’ any page of the Services;
7.8.8 modify, copy, mirror, scrape, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, reuse, sell, trade, or in any way exploit the Services;
7.8.9 otherwise take any action that violates these Terms.
7.9 To the extent permitted by law, the Client indemnifies GoDutch against all third-party claims (including settlement costs and reasonable attorneys' fees) arising from any use of the Services by the Client that violates these Terms or applicable legislation or is otherwise unlawful.
7.10 If, in the opinion of GoDutch, a Client acts in violation of the Terms, GoDutch reserves the right to block or terminate the Account and the Services at any time and remove all information associated with them.
7.11 GoDutch may take all measures it reasonably deems necessary to prevent abuse of the Services by the Client.
7.12 GoDutch may continue to provide the Services using a new or modified version of the underlying software. GoDutch is not obliged to maintain, adapt, or add specific features or functionalities of the Services specifically for the Client.
8. Additional Work
8.1 If GoDutch, at the request of the Customer or with the Customer's prior written consent, has performed work or provided services that fall outside the scope of the Services, GoDutch may charge the Customer for these Services on the basis of agreed rates or, if no rates have been agreed by the Customer, on the basis of GoDutch's applicable rates.
8.2 The Customer acknowledges that amendments and additional work may result in a extension of deadlines and delivery periods and/or postponement of dates and delivery dates. Any new deadlines, delivery periods and/or delivery dates indicated and communicated by GoDutch shall replace the previous deadlines, delivery periods and/or dates and delivery dates.
8.3 Insofar as a fixed price has been agreed for the Services in question, GoDutch shall, at the Customer's request, inform the Customer in reasonable detail and in writing of the financial consequences of the additional work or supplementary Services referred to in this article.
Intellectual Property
9.1 GoDutch or its licensor is the exclusive owner of all intellectual property rights residing in, relating to and residing in the Services, and any Customer-specific modifications general terms and conditions to the Services or other Services, and the underlying source and object code. These intellectual property rights include, but are not limited to, patents, patent applications, trademarks, trademark applications, database rights, service marks, trade names, copyrights, trade secrets, licences, domain names, know-how, proprietary rights and processes (“Intellectual Property Rights”). Nothing in this Agreement shall be construed as a way to assign or grant to the Customer any Intellectual Property Rights in relation to the Services.
9.2 Customer may use the Services and related logos of GoDutch to promote the Services, provided this does not create confusion about its status as a Customer of GoDutch. GoDutch has the right to give reasonable instructions regarding correct use during promotions, which Customer must strictly follow. This clause expressly does not authorise the Customer to use Third-Party Services and third-party logos for promotions.
9.3 The Customer shall not reproduce, resell or distribute the Services or Data generated by the Services for any purpose, unless Customer has been specifically authorised to do so under a separate agreement with GoDutch.
9.4 The Customer hereby grants GoDutch a non-transferable and non-exclusive licence to display and use the Customer's trademarks and/or logos on the GoDutch website for reference and acknowledgment purposes.
9.5 Customer warrants that no third-party rights object to making Data, software and/or other materials, designs and/or other works available to GoDutch for the purpose of use, maintenance, modification, installation or integration; this warranty also relates to Customer possessing the relevant licences. Customer indemnifies GoDutch against any claim by a third party based on the assertion that making available and/or the use, maintenance, modification, installation or integration infringes any right of that third party.
9.6 The Customer understands that GoDutch, within the limits of applicable law, may use the Data from the Services for analytical, statistical, benchmarking and security purposes.
Duration and termination
10.1 Notwithstanding any provision in the Agreement or the Subscription Page to the contrary, either Party may terminate (cancel) the Agreement at any time with one (1) month's prior written notice to the other Party.
10.2 The Customer may choose a specific Subscription Period at any time by indicating this choice on the Subscription Page. By this specified period, the Agreement is automatically renewed for consecutive periods of one year. In that case, at the end of the current specified period, either Party may prevent renewal by giving written notice of non-renewal at least one (1) month before the end of the then-current period. After such notice, the Agreement may revert to an indefinite duration, unless expressly terminated by the Parties.
10.3 The Agreement shall terminate with immediate effect and without prior notice of default being required (i) if the other Party is granted a suspension of payments, whether provisional or not, (ii) if a petition for bankruptcy is filed by or against the other Party, or (iii) if the other Party is liquidated or dissolved other than for restructuring purposes. GoDutch may also terminate the Agreement in writing, in whole or in part, without notice of default and with immediate effect if a direct or indirect change occurs in the corporate control of the Customer. GoDutch shall never be recovery liability due to dissolution as referred to in this paragraph for the repayment of any money already received or for the payment of any sum by way of damages. If the Customer goes irrevocably bankrupt, its right to use the Services made available to the Customer shall terminate, without GoDutch being obliged to terminate these rights. With respect to Data, the Exit provisions of this Agreement shall apply. terms and conditions
10.4 Upon termination of the Agreement, the Customer must immediately cease all further use of the Services. 10.5 In the event of a voluntary or court-ordered cessation of GoDutch's activities ("Termination"), GoDutch will notify the Customer thereof without delay. In the event of a Malfunction, SWAN will maintain the functionality of the Account and continue to provide access to the SWAN interface under SWAN's Terms of Use.
Availability and Maintenance; Disclaimer of Warranties
11.1 GoDutch will use commercially reasonable efforts to make the Services available as much as possible. However, GoDutch makes no commitments regarding the availability, continuity, functionality, or usability of the Services, nor any other commitment other than those expressly set forth in these Terms. Customer acknowledges that the Services are provided via the internet and mobile networks and that the quality and availability thereof may therefore be affected by factors beyond the reasonable control of GoDutch, including force majeure. In the event of unavailability of the GoDutch Services, the Customer can use the Account by connecting directly to the address https://www.swan.io.
11.2 GoDutch will use commercially reasonable efforts to improve the functionality of the Services, including through updates, and to correct errors/bugs. If any maintenance or alteration could lead to limitations in availability, GoDutch will make reasonable efforts to perform such maintenance during periods of relatively low usage of the Services by Customers. GoDutch will make reasonable efforts to consult with the Customer regarding such changes, but the final decision lies with GoDutch.
11.3 If the Services, or any part thereof, have been developed on behalf of the Customer, GoDutch may charge the costs incurred for rectifying the error(s) to the Customer at GoDutch's applicable rates.
11.4 GoDutch does not warrant that the Services will be adapted in a timely manner to any changes in the relevant laws and regulations.
11.5 To the maximum extent permitted by law, GoDutch hereby disclaims all implied warranties with respect to the Services. The Services are provided u2018as isu2019 and u2018as availableu2019, without warranty of any kind, which means that GoDutch does not warrant that the Services will be error-free and function without interruption. In addition, GoDutch disclaims all implied warranties that the Services and their use will meet the Customer's expectations thereof.
11.6 GoDutch will use commercially reasonable efforts to improve the functionality of the Services, including through updates, and to correct errors/bugs. If maintenance or alteration could lead to limitations in availability, GoDutch will make reasonable efforts to perform such maintenance during periods of relatively low usage of the Services by Customers.
11.7 In the event of downtime of the Services, SWAN will continue to offer the SWAN interface to Customers under SWAN's Terms of Use.
Support and Service Levels
Possible Service Level Agreement arrangements are exclusively agreed on in writing as Annex to this Agreement. Customer promptly informs GoDutch about any circumstances that may affect the service level or its availability.
Backups
GoDutch will use commercially reasonable efforts to maintain regular Data backups of the Services, provided however, that GoDutch accepts no liability for loss, alteration, destruction, damage or recovery of Customer’s Data.
14. Third Party Software
14.1 The Services may contain third-party software, including open source software for which notices and/or additional conditions are required. Such required notices regarding Third-Party Software and/or additional conditions will be disclosed to the Customer where necessary (for example, on the GoDutch website). By accepting this Agreement, the Customer also accepts any additional terms and conditions set forth therein, for which the following applies:
14.1.1 the conditions of the Third-Party Software are as stated by the supplier of the Third-Party Software, and the Third-Party Software is provided in accordance with the relevant licence conditions of the licensor, whereby the Customer acknowledges, if applicable, that these conditions may be open source or Creative Commons licence conditions;
14.1.2 the Third-Party Software may have limitations, both known and unknown (including defects and (unknown) limitations in functionality);
And 14.1.3 GoDutch provides no warranty specifically relating to Third-Party Software or applicable licence conditions.
14.2 GoDutch indemnifies the Customer against any claim or proceeding brought against the Customer to the extent that such claim or proceeding alleges that the Customer's use of the Services in accordance with this Agreement constitutes an infringement of the Intellectual Property Rights of a third party (“IP claim”). The indemnification is subject to the condition that the Customer: (i) promptly notifies GoDutch in writing of an IP claim; (ii) does not admit any liability and does not otherwise prejudice or settle the IP claim without the prior written consent of GoDutch; and (iii) provides full authority and information to GoDutch that GoDutch requires to conduct and/or settle the negotiations and proceedings concerning the IP claim
15. Privacy
By providing Services to Customer, GoDutch processes personal data of Customer. For more information on the processing of personal data by Customer, please consult our Privacy Notice on godutch.com. When a Customer makes use of the Services, GoDutch may collect certain Personal Data of the Customer. Through its Privacy Notice GoDutch informs Customers which Personal Data is collected and for what purposes. The Privacy Notice can be found here on godutch.com.
16. Subcontracting
GoDutch reserves the right to use third parties to supply (parts of) the Services or other services provided by GoDutch (“Subcontractors”).
17. Security
GoDutch maintains a security programme, including a set of written security policies and security procedures which may be amended by GoDutch from time to time, to continue to offer an appropriate security level.
18. Exit
Upon termination of the Agreement, GoDutch undertakes to provide Customer with all reasonable requests on their Customer data during a 3 month-period after the Agreement is terminated. Upon such timely request, GoDutch will provide such copy of the available Customer data in a machine-readable form. After lapse of the 3-month timeline, the Customer data will no longer be available for the Customer, unless applicable laws provide additional rights.
19. Confidentiality
19.1 GoDutch and the Customer shall maintain the secrecy and confidentiality of all information exchanged within the framework of the Agreement and any negotiations, and protect it from disclosure to third parties (other than as required for Third-Party Services). Information is considered confidential if this follows from the nature of the information or if the information is explicitly designated as confidential by GoDutch and/or the Customer ("Confidential Information").
19.2 Confidential Information includes, but is not limited to:
19.2.1 the contents of the Agreement;
19.2.2 information regarding the Services;
19.2.3 all financial, commercial, and operational information that GoDutch makes available to the Customer.
19.3 Confidential Information does not include information that:
19.3.1 is or becomes generally known, other than through the actions or omissions of the receiving party;
19.3.2 was in the lawful possession of the receiving party prior to disclosure;
19.3.3 has been legally disclosed to the receiving party by a third party who is not subject to any disclosure restriction;
19.3.4 must be disclosed by law, by order of a competent court, regulatory authority or administrative body.
19.4 GoDutch and the Customer shall not use or disclose the Confidential Information for any purpose other than as necessary within the framework of the execution of the Agreement. The Customer shall ensure that only Authorised Users have access to Confidential Information to the extent necessary for their tasks and that such Authorised Users are contractually bound to confidentiality.
19.5 GoDutch and the Customer are not required to pay compensation or indemnification if they are legally obliged to disclose confidential information and comply with this legal obligation. If a party is legally obliged to disclose Confidential Information, that party shall disclose no more Confidential Information than is necessary to comply with the relevant legal obligation.
19.6 This article shall remain fully applicable after termination of the Agreement.
20. Warranties
20.1 The Client represents and warrants that:
20.1.1 It has the full right to enter into this Agreement and the obligations arising therefrom; And terms and conditions
20.1.2 The Client shall not use the Services in violation of this Agreement, the End User License Agreement and any applicable laws and regulations or the legal rights of third parties.
20.2 The Client shall indemnify GoDutch against and from any and all claims, damages or losses arising from the Client's breach of the warranties under the Agreement.
21. Limitation of Liability
21.1 GoDutch is not liable to the Customer for any damage suffered by the Customer as a result of or in connection with the use of the Services by the Customer, unless resulting from intent or gross negligence on the part of GoDutch. In any event, without any limitation, GoDutch is not liable for:
21.1.1 the acts or omissions of Customers;
21.1.2 the situation in which the Customer's device is stolen and a third party subsequently makes use of the Customer's Account;
21.1.3 any damage caused by a Customer acting on the basis of incorrect or incomplete information provided by a third party;
21.1.4 any damage caused by a Customer non-complying with their obligations under these Terms;
21.1.5 the non-performance of any obligation of GoDutch under these Terms, where this failure is the result of events beyond the control of GoDutch or beyond the control of Subcontractors (for example, disruptions in the internet, data network or telecommunications facilities, (cyber) crime, (cyber) vandalism, network disruptions);
21.1.6 any damage to or alteration of the Customer's equipment, including but not limited to computer equipment, handheld devices or mobile phones as a result of the installation or use of the Services;
21.1.7 damage to the Customer arising because GoDutch assumed incorrect or incomplete data provided by that Customer; and
21.1.8 the disruptions and/or deficient service provision of GoDutch's subcontractors.
21.2 If GoDutch is liable for any reason whatsoever, the total liability of GoDutch towards the Customer shall not exceed 50% of the total amount of fees paid by the Customer in the calendar year in which the liability-causing event(s) occurred.
21.3 Nothing in this Agreement shall exclude or limit the liability of GoDutch if it cannot be excluded or limited under applicable law, such as in the event of intent or gross negligence of GoDutch.
21.4 The liability of GoDutch for indirect damage, including but not limited to consequential damage, lost profits, lost savings, reduced goodwill, damage due to business interruption, losses resulting from third-party claims and damage in connection with the engagement of third parties by the Customer, as a result of or in connection with the Services, is excluded.
21.5 GoDutch is not liable for any damage arising during the performance of its services with regard to the Services because GoDutch assumed incorrect or incomplete information provided by the Customer.
21.6 The right to compensation arises only if the Customer reports the damage to GoDutch in writing as soon as possible after the occurrence of the damage. Any claim for compensation filed against GoDutch expires by the mere expiry of twelve months after the occurrence of the claim, unless the Customer has instituted legal proceedings for compensation before the expiry of this period.
21.7 GoDutch has no control over the actions of the Customer when using the Services. GoDutch therefore disclaims all responsibility and liability for any claims for damages arising from the Customer's use of the Services. GoDutch is not responsible for the acts or omissions of third parties and is also not responsible for any damage the Customer suffers as a result of dealing with third parties. Without notifying the Customer, GoDutch reserves the right to refuse or terminate the Services on the basis of the requirements of any relevant statutory provision or court ruling.
21.8 The Customer will indemnify and hold GoDutch harmless from and against any claim against GoDutch regarding the Customer's (non-)performance of Third-Party Services
22. Force Majeure
22.1 If a Force Majeure Event gives rise to a failure or delay in the performance of any of the Parties under this Agreement, other than any obligation to make a payment, that obligation shall be suspended for the duration of the Force Majeure Event.
22.2 A party who becomes aware of a force majeure event that gives rise to or is likely to give rise to any failure or delay in the performance of any obligation under this Agreement by that party, must (i) immediately notify the other, and (ii) notify the other of the period during which the failure or delay is expected to continue.
22.3 If a Force Majeure Event continues for more than sixty days, either Party shall have the right to terminate the Agreement. In such event, anything already performed under the Agreement shall be paid for proportionally, without either Party owing anything further to the other Party.
23. Miscellaneous
23.1 Any failure by GoDutch to exercise any of its rights under the Agreement, or to enforce any provision of the Agreement, shall not be deemed a waiver or forfeiture of such rights or the ability to enforce such provision.
23.2 If any provision of the Agreement is held by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, that provision shall be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of the Agreement shall remain in full force and effect.
23.3 The Agreement embodies the entire understanding and agreement between the Parties regarding the subject matter of the Agreement and supersedes all prior understandings and agreements between the Parties regarding this subject matter. The Agreement may only be amended by written agreement between the Parties.
23.4 GoDutch reserves the right to amend these Terms and Conditions. GoDutch will notify the Customer in writing of any material amendments and additions to these Terms and Conditions at least thirty days in advance. If the Customer does not agree with the amendments or additions, the Customer has the right to terminate the Agreement up to the date on which the amendments or additions take effect. Continued use after the effective date shall be deemed acceptance of the amended Terms and Conditions.
23.5 In the event that Swan amends the SWAN Terms of Use, the Customer will be notified in writing at least thirty days in advance.
23.6 All notices or other correspondence between GoDutch and the Customer shall be sent to the contact details as specified in the Account. If any changes occur in the contact details, the relevant Party shall notify the other Party thereof in writing as soon as possible. Until notice of this has been received by the other Party, the other Party may rely on the contact details known to it.
23.7 GoDutch has the right to sell, transfer, or pledge any claims it has for the payment of amounts due to a third party.
23.8 The Customer does not have the right to sell, transfer, or pledge its rights and obligations under an agreement with a third party.
24. Applicable Law and Jurisdiction
24.1 The Agreement and any (non-)contractual claims related to the Agreement are governed by and construed in accordance with Dutch law.
24.2 All disputes, contractual or otherwise, arising out of or in connection with this Agreement shall be submitted exclusively to the competent court in Amsterdam, the Netherlands.
24.3 In the event of a conflict between Dutch legal concepts and the English description thereof as used in this Agreement, the English text and/or its meaning under Dutch law shall prevail.
Privacy statement
Last updated on 15 May 2025
Who are we and what do we offer?
We are GoDutch B.V. (GoDutch, we one/of We). GoDutch is active in facilitating current accounts, debit cards and other financial products to companies, entrepreneurs and consumers (Payment services). For more information please visit our Website consult: www.GoDutch.nl. The Payment Services and associated Website are collectively referred to as the Services.
Personal data and legislation
This Privacy Statement talks about Personal data. The term Personal Data refers to all information with which a person can be directly or indirectly identified. Under the General Data Protection Regulation (GDPR) and other relevant laws and regulations in the field of the protection of Personal Data, we are the Controller. If you have any questions about the processing of your Personal Data that are not answered in this Privacy Statement, you can contact us via the contact details at the bottom of this Privacy Statement.
Which Personal Data do we process as Controller?
As controller, we process your personal data for various reasons. We process your personal data because we offer our Payment Services to you (you are then our User) or when you visit our Website, subscribe to our newsletter or come into contact with us in any other way (general context).
Users:
Personal data
Purposes:
Legal ground:
Account
We use this Personal Data to:
register your account;
to give you access to our Payment Services; and
contact you about the Payment Services, including sending notifications to ensure that your account remains secure (such as: sending notifications about suspicious use of your account).
We may process this Personal Data because we have a legitimate interest to perform the agreement with the organization you represent as best as possible (such as: registering your account and giving access to our Payment Services and contacting us to keep your account secure).
If you are a consumer, we may process this Personal Data because this is necessary for the performance of the agreement with you (namely: providing our Payment Services).
Authentication details:
information on your ID:including your full name, date of birth, nationality, place of birth, place and date of issuance of the document, expiry date of the document, document type, document number, signature and photo;
face and fingerprint verification: a number of photos of your face, biometric fingerprint and a verification check whether you are a living person; and
additional information: type of ID, second nationality (if applicable), residential address, country of birth, occupation, expected assets, source of income and location details.
We use this Personal Data to:
verify your identity;
to provide access to our Payment Services; and
protect our Payment Services against illegal and unethical financial transactions.
We may process this Personal Data because we have a legitimate interest to verify whether you as a consumer or your organization may have access to our Payment Services.
We process the Personal Data for facial and fingerprint verification on the basis of your explicit consent.
Financial information:
(company) name, email address, bank account number.
charity preference (only if you choose to donate the funds received to a good cause)
Please note: these are only Personal Data if this information can be traced back to a natural person.
We use this Personal Data to:
transfer funds to you or a designated charity as part of our Payment Services; and
to include in our administration for the Tax Authorities.
We may process this Personal Data because we have a legitimate interest to execute the agreement with the organization you represent as best as possible (such as: fulfilling our financial obligations and keeping them in our administration).
If you are a consumer, we may process this Personal Data because this is necessary for the performance of the agreement with you (namely: paying out funds to you as part of our Payment Services).
Next to that, we are legally obliged to process (part of) the Personal Data for the Tax Authorities.
If you request a Payment Service or perform transactions via our Payment Services:
bank details: details about accounts, balances and payment cards used via our Payment Services; and
transaction data, such as amount, date, times, characteristics and recipients (IBAN, name of the account).
Please note: these are only Personal Data if this information can be traced back to a natural person.
We use this Personal Data to:
to register and facilitate your purchased payment service and transaction data.
We may process this Personal Data because we have a legitimate interest to perform the agreement with the organization you represent as best as possible (including: facilitating our Payment Services).
If you are a consumer, we may process this Personal Data because this is necessary for the performance of the agreement with you (namely: providing our Payment Services).
We do not receive the following Personal Data from you, but from other parties. This is for the purpose of completing your registration details and providing our Payment Services. See below which Personal Data is obtained from which parties as soon as you create an account:
Your bank: bank details and transaction details (see above).
Chamber of Commerce: public company information that you have provided to the Chamber of Commerce
General context:
Personal data:
Purposes:
Legal ground:
When you visit our Website:
Device type, browser type, session date and duration, IP address.
We collect this Personal Data through cookies or similar techniques. See our Cookie Statement for which cookies we use.
We use this Personal Data to:
communicate in the same language as the browser;
adapt our Website to the device used;
enable you to use our Website; and
improve the usability of our Website.
We may process this Personal Data because we have a legitimate interest to ensure that our Website functions properly.
In addition, we may process this Personal Data on the basis of your consent to improve our Website.
When you visit our social media page:
information from visitors who leave a comment or otherwise post something on our social media page.
We use this Personal Data to:
to be able to get in touch with visitors who leave something behind; and
to use the feedback on our social media pages.
We may process this Personal Data because we have a legitimate interest to improve our Services and our visitors have made this information public themselves.
Our social media pages are also managed by the social medium itself. View their privacy statement to see how they process your Personal Data when you visit our pages:
LinkedIn: Privacy Notice
Instagram: Privacy Notice
When you contact us:
your name, contact details, and the content of the communication.
We use this Personal Data to:
to handle your question or complaint;
to offer you support; and
improve our Services.
We may process this Personal Data because we have a legitimate interest to improve our Services based on your questions and/or feedback.
When you sign up for our newsletter:
email address, first name and company type.
We use this Personal Data to:
our newsletters
to steer.
We may process this Personal Data because you gave us your consent to receive our newsletter.
We also have a legitimate interest to send information about similar services to our existing users (being: users who already pay for our Services). In this situation we will offer you an opt-out possibility.
Every newsletter gives you the option to unsubscribe.
Legally required information
When you use our Payment Services, you may be legally or contractually required to provide us with certain Personal Data. If you do not provide us with such information, this usually means that we cannot provide the Payment Services or perform part of our agreement with your organization.
How long do we keep the Personal Data?
We will not process or store Personal Data that we do not need. We keep Personal Data for as long as we need it for the above purposes, unless we are legally obliged to keep the Personal Data for longer. In this context we use the following retention periods:
Account information and transaction or payment service data |We store this Personal Data for as long as your account is active and for a maximum of 2 years after the account was last used. If you request to delete your account, we will retain your Personal Data until this request is fulfilled.
Authentication details |We store this Personal Data until the verification procedure is completed.
Newsletters |We store this Personal Data until you unsubscribe from our newsletter.
Personal data in our correspondence | We store this Personal Data for as long as necessary to process your message/question/complaint and then for a period of 5 years.
Personal data in our administration for the Tax Authorities |This data will be kept for seven (7) years, unless we are legally obliged to keep the data for longer.
Other information| We only store other information if this is necessary for the described purposes, after which this data will be deleted.
We process the above-mentioned Personal Data for longer if we have a reasonable suspicion that this is necessary to detect and prevent address fraud and other illegal activities.
After the above retention period(s) has expired, we may process and retain certain Personal Data to comply with legal retention obligations and/or for fraud/abuse investigations, in the context of investigations into possible violations of our terms or policies, or otherwise to prevent damage.
Do we share your Personal Data with others?
Processors
For the provision of our Services, we use parties that process Personal Data on our behalf (Processors). For example, we deploy the following Processors:
Hosting and other IT service providers (such as Amazon Web Services, Google Cloud); and E-mail and support services.
These Processors may only process Personal Data if we have provided instructions to do so and not for other purposes. We have concluded a processor agreement with all of our Processors to this end.
External data controllers
In addition, we may share Personal Data with parties that can or must process the data for their own purposes. These are:
Our banking service provider Swan (see here their Privacy Notice), with whom our Users conclude a separate agreement;
The Tax Authorities;
Payment service providers, such as Stripe (see here their Privacy Notice); and Police, Justice, authorities or investigative authorities.
Please note: we only do the latter if we are legally obliged to do so.
These parties act themselves as Data Controller for the Personal Data they receive from us and further process.
Apart from the above, we will not share your Personal Data with third parties – unless we are legally obliged to do so.
Transfer of Personal Data outside the European Union
We may transfer Personal Data to parties outside the European Union, if one of our Processors or Controllers is located outside the European Union. The Personal Data will only be transferred to countries and/or parties that provide an adequate level of data protection, in accordance with European standards. You can contact us if you would like more information, or if you would like to receive a copy of the measures we are taking in this context.
Third party websites
When using our Services, you may find (hyper)links that refer to the websites, products and services of partners, suppliers, advertisers, sponsors, licensors or other third parties. We do not control the content or links that appear on these websites and we are not responsible for the practices employed by websites linked to or from our Website. In addition, these websites, products and services, including their content and links, may be constantly changing. These websites, products and services may have their own privacy statements, terms of use and users have a service policy. Your browsing and all interactions on any other website, including websites linking to or from our Website, are subject to the terms and policies of that website.
Changes to the privacy statement
This Privacy Statement may be changed from time to time. Please check our Privacy Statement regularly. The new Privacy Statement takes effect immediately after publication on our Website. If we make significant changes to our Privacy Statement, we will post this on our Website together with the revised Privacy Statement.
Your rights as a data subject and our contact details
You have the right to...
Access
... obtain confirmation from us as to whether or not we process your personal data and, where this is the case, obtain access to that personal data and certain information, and obtain a copy of that personal data.
Restricting the processing
...to restrict our processing of your personal data under certain circumstances. In such a case, we may still store your personal data, but our use of your personal data will be restricted.
Rectification
... to have your personal data corrected by us if it is incorrect. Under certain circumstances, you also have the right to have incomplete personal data completed by us.
Data transfer
... to receive the personal data you have provided to us in a structured, commonly used and machine-readable format and to transmit that data to another controller without hindrance from us.
Data removal
...have your personal data erased by us under certain circumstances, for example when we no longer need your personal data for the purposes for which we collected or otherwise processed it.
Objection
... object to our processing of your personal data under certain circumstances. You may always object to the processing of your personal data for direct marketing.
You always have the right to lodge a complaint with a data protection supervisory authority if you believe that we are not processing your personal data in accordance with the GDPR. In the Netherlands, the data protection supervisory authority is:
Dutch Data Protection Authority (Autoriteit Persoonsgegevens)
Website: www.autoriteitpersoonsgegevens.nl
If you have any questions about this Privacy Statement or your privacy, you can contact us via privacy@godutch.com or via the contact form on our Website.
Our details
GoDutch B.V.
Rokin 97
1012 KM Amsterdam
Nederland
Kamer van Koophandel: 93777981
Cookie verklaring
Last updated on 15 May 2025
What are cookies?
Cookies are small (text) files that are stored on your computer. Your web browser stores these cookies when you use our Website godutch.com. When you visit our Website again, these cookies are retrieved so that we recognize you as a previous visitor.
Why do we use cookies?
By using cookies, we can see how our Website is used and how we can optimize our Website and services. Cookies are also useful to make the Website fast and secure. In addition, cookies can be used by us or third parties to show you relevant advertisements based on your interests. See the table below for the specific purposes of each cookie we use.
Can I delete the cookies?
Yes, you can delete the cookies yourself in your internet browser. If you do not want cookies to be sent to your device, you can change this via the cookie settings in the internet browser. Please note that some functions and services on the Website may not function (properly) without cookies.
Your rights
As a data subject, you have the right to request access to the processing of your personal data and to correct or delete your personal data. You can also ask us to restrict the processing of your personal data and to transfer a copy of your personal data to another data controller.
If you would like to make such a request, we ask you to contact us via the contact details at the bottom of this Cookie Statement. To prevent abuse of these rights, we may ask you to identify yourself adequately.
In addition, you can withdraw your consent to use the cookie(s) at any time. From that moment on, we will no longer send the cookie(s) to your device. This does not affect the lawfulness of the processing of personal data through cookie use before you withdraw your consent.
If you believe that we are processing your personal data unlawfully, you can file a complaint with the Dutch Data Protection Authority.
Changes to this cookie statement
This Cookie Statement may be changed from time to time. The most recent version of this Cookie Statement applies. We therefore recommend that you read this Cookie Statement regularly to see if there have been any changes.
Contact details
GoDutch B.V. Rokin 97 1012 KM Amsterdam Netherlands Chamber of Commerce: 93777981
