This is a best efforts but not official translation of the Algemene Voor-waarden v2021; in case of disputes the Dutch (original) version will apply
All relations between Your Financials and its client are subject to these General Terms and Conditions.
2. Duty of care
Your Financials will exercise due care in the execution of assignments from the client and will take the interests of the client into account to the best of its ability.
3. Engagement of third parties
Your Financials is authorized to make use of the services of third parties in the execution of assignments from the client. Without prejudice to its liability for its own shortcomings set out in these terms and conditions, Your Financials is not liable for the shortcomings of those third parties if it demonstrates that it has taken due care in selecting that third party.
4. Change in the authority of the client
A change in the authority of the client or of its representatives or agents, even if it has been entered in the public registers, will only come into effect towards Your Financials after it has been notified thereof in writing.
5. Advice plan
All proposals made by Your Financials are intended as a guideline as stated in the advice plan. The final outcome as well as the realization of the proposals made by Your Financials are largely dependent on the offers of selected lenders.
6. Service agreement
The Advice Plan sent to the client combined with the service agreement will serve as a record of what has been agreed between the parties unless its content is refuted in writing by the client within eight days of the date of this writing. After approval, the order confirmation must be returned signed for approval.
7. Interim price increase as a result of government measures
If after the moment of the offer or after the conclusion of the agreement, taxes, levies or other charges are introduced or increased by the government, these will be passed on to the client.
8. Quality of the work performed
Your Financials will carry out the assignments given to it to the best of its ability. Any complaints regarding the quality of the work performed by Your Financials must be submitted in writing to Your Financials within 14 days after the moment of full or partial execution, failing which the assignment is deemed to have been carried out correctly.
9. Complaints regarding invoices
Complaints regarding the amounts charged by Your Financials must be submitted in writing by the client to Your Financials as soon as possible, but no later than fourteen days after the date of the relevant invoice, failing which the client is deemed to have the invoiced amounts. accepted. Complaints do not give the right to set-off, nor to suspension of payment.
If the client has not paid the invoice sent by Your Financials within thirty days of the invoice date and there is no complaint in the sense described above, the client is in default by this single fact without further notice of default being required. The client who is in default owes Your Financials an interest of one percent per month or part from that moment on the outstanding invoice amount of a month.
Unless otherwise agreed, payment must be made by crediting to one of Your Financials’ bank accounts.
12. Collection costs
All judicial and extrajudicial costs of collection due to (partial) non-payment or late payment will be borne by the client, unless stipulated otherwise below. The amount of the extrajudicial collection costs is 15% of the principal sum with a minimum of € 150. The legal costs of legal assistance incurred in connection with a dispute between the client and Your Financials are for the account of Your Financials or for the account of the client, if and insofar as this has been determined by the court decision. The costs that Your Financials must incur in and out of court if Your Financials is involved in proceedings or disputes between a client and a third party, are for the account of the client. Without prejudice to the foregoing, all other costs arising for Your Financials from the relationship with the client are, within the limits of reasonableness, for the account of the client.
13. Consequences of default
In the event that the client is in default with regard to Your Financials, the latter has the right to suspend the execution of the assignment given to it until the moment at which the client has rectified the default.
14. Decreased creditworthiness of the client
Should Your Financials receive instructions during the term of the assignment given to it regarding insufficient creditworthiness, given the scope of the assignment granted, Your Financials has the right to return the assignment, without prejudice to the client’s obligation to pay for work already performed, unless the client arranges for payment in advance or adequate security.
15. Cancellation of order
From the moment that the assignment for services has been signed by the client and received back by Your Financials, after cancellation of the assignment by the client – regardless of the reason – all hours spent on this assignment will be charged to the client. The recommended hourly rate that is used for this is € 150 (excl. VAT).
16. Force majeure
1. Your Financials is not liable for the non-execution, incorrect or late execution of assignments given to it, if these are the result of force majeure in the broadest sense of the word. Force majeure includes: serious disruptions in the production process and otherwise, non-delivery or late delivery by the lenders engaged by it or other third parties, for whatever reason, war, riots, epidemics, natural disasters, fire and other calamities, strike, lockout , government measures, insofar as these circumstances have direct consequences for the correct execution of the assignment.
2. As soon as a circumstance referred to under 1 occurs, Your Financials will notify the client thereof.
3. If performance by Your Financials is temporarily impossible, it is entitled to suspend the performance of the agreement until the circumstance that causes the force majeure no longer occurs.
4. In the event of a permanent force majeure situation, after receipt of the notification referred to under 2, the agreement, for the part that has not yet been performed, will be deemed to have been dissolved, under the obligation of the client to purchase from Your Financials and to compensate it for the part of the assignment carried out.
17. No Warranties About Results
Although Your Financials carries out the assignments it has given to the best of its ability, in accordance with the requirements of good workmanship, it does not provide any guarantees with regard to the results of the work performed by it, including advice it has provided.
1. Your Financials is in no way liable and therefore never obliged to pay compensation for damage, caused either by exceeding the delivery time or by defects in the advice provided. Your Financials is therefore never obliged to pay compensation for trading loss or damage due to loss of income and the like, for whatever reason, arising at the client in connection with the agreement concluded by the parties, unless the damage was caused by intent or gross negligence on the part of Your Financials. Under no circumstances will Your Financials’ liability extend further than the fee charged by it in connection with the execution of the relevant assignment.
2. Your Financials is also not liable for errors in the written and / or oral information provided by the client.
19. Copyright Protection
1. The offer, advice plan issued by Your Financials, as well as the calculations, descriptions, models and the like produced or provided by Your Financials remain its (intellectual) property, regardless of whether costs have been charged for them. The information contained in the above or on the basis of the calculation method and the like remains exclusively reserved for Your Financials, even if costs have been charged for this.
2. The client guarantees that the properties referred to in paragraph 1, except for the performance of the agreement, will not be copied, shown to third parties, made known or used other than with the written permission of Your Financials.
3. If Your Financials comes up with a concrete proposal after acceptance of an assignment from the client, the rights to the implementation of this proposal remain with Your Financials and the client is not free to have the concrete proposal carried out by third parties without permission from Your Financials. Non-compliance with the provisions of this paragraph means a violation of the copyright, or at least the right of industrial property, belonging to Your Financials, as a result of which the client becomes liable for compensation towards Your Financials. This damage is estimated at 10% of the turnover realized by the third party with a minimum of € 2,500, without prejudice to Your Financials’ right to additional compensation.
20. Competent court
All disputes with regard to any agreement and / or with regard to the interpretation of these General Terms and Conditions will be submitted to the subdistrict court of Leiden and the District Court of The Hague, respectively.
21. Governing Law
All relationships between Your Financials and its client will be exclusively governed by Dutch law.
22. Deviating clauses
Terms deviating from these General Terms and Conditions can only be agreed in writing.