All relations between Your Financials and its client are subject to the Dutch text of these General Terms and Conditions. This text is a careful practical translation of the Dutch text. In case of discrepancies, ambiguities or word combinations that have a different meaning in another language than that used in the Dutch text, the Dutch text will be decisive.
- Duty of care
Your Financials will exercise due care in the execution of the client’s assignments and will take the interests of the client into account to the best of its ability.
- Involvement of third parties
Your Financials is authorized to use 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.
- 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 registered in the public registers, will only be effective towards Your Financials after it has been notified thereof in writing.
- 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, insurers, investment managers and other financial parties relevant to the Advice Plan.
- 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 by the client in writing within eight days of the date of writing the Service Agreement. After approval, the order confirmation must be returned signed for approval.
- 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.
- 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.
- 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 dates 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 fourteen 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 interest of one half 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.
- 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 that arise for Your Financials from the relationship with the client are within the limits of reasonableness for account of the client.
- 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.
- Decreased creditworthiness of the client
Should Your Financials receive signals during the term of the assignment regarding insufficient client 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 security acceptable for Your Financials.
- 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).
- Force majeure
- Your Financials is not liable for not, incorrectly 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, insurers, investment managers and other financial parties relevant to the Advice Plan 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.
- As soon as a circumstance referred to under 1 occurs, Your Financials will notify the client thereof.
- If fulfilment by Your Financials is temporarily impossible, it is entitled to suspend the performance of the agreement until the circumstance causing the force majeure no longer occurs.
- 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 executed, will be deemed to have been dissolved, under the obligation of the client to purchase from Your Financials and to reimburse it. part of the assignment carried out.
- No Warranties About Results
Although Your Financials carries out the assignments it has given it 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 activities it has performed, including advice it has provided.
- 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 business damage or damage due to loss of income and the like, for whatever reason caused by 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 performance of the relevant assignment.
- Nor is Your Financials liable for errors in the written and / or oral information provided by the client.
- Copyright Protection
- The offer, Advice Plan issued by Your Financials, as well as the calculations, descriptions, models and the like produced or provided by it, remain its (intellectual) property, regardless of whether fees have been charged for any of these. 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 fees have been charged for this.
- 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 prior explicit written permission from Your Financials.
- If Your Financials comes up with a concrete proposal after acceptance of an assignment from the client, the rights to implement 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. Failure to comply with the provisions of this paragraph means a violation of copyright, or at least the right of industrial property, belonging to Your Financials, as a result of which the client becomes liable to pay compensation to 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.
- 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.
- Governing Law
All relationships between Your Financials and its client will be exclusively governed by Dutch law.
- Deviating clauses
Clauses deviating from these General Terms and Conditions can only be agreed in writing.