Article 1 – Definitions and Interpretation
1.1 In these general terms and conditions, the following terms shall have the following meanings:
a. Contractor: Beleggingspanden-financiering.nl Franchise B.V., a private limited liability company, statutorily established in the Netherlands and registered with the Chamber of Commerce under number 98224514, as well as its legal successors.
b. Client: Any natural person or legal entity that enters into an agreement with the Contractor or issues an assignment to the Contractor.
c. Assignment: Any assignment to provide services in the broadest sense of the word, including – but not limited to – mediation in obtaining business financing, credit, and/or (mortgage) loans for real estate and real estate-related investments, provided exclusively in writing or by email.
d. Agreement: The agreement between the Client and the Contractor, including all amendments and supplements thereto.
e. Activities: All activities and services performed by the Contractor on behalf of the Client, including preparatory, supporting, and related activities.
1.2 “Written” also includes communication by email or other electronic means of communication.
Article 2 – Applicability
2.1 These general terms and conditions apply to all offers, quotations, agreements, and work of the Contractor.
2.2 The applicability of any general terms and conditions of the Client is expressly excluded.
2.3 Deviations from these general terms and conditions are only valid if confirmed in writing by the Contractor.
2.4 If any provision is null and void or is annulled, the remaining provisions remain fully in force. In that case, the parties will agree on a replacement provision that approximates the intent of the original provision as closely as possible.
Article 3 – Formation and Duration of the Agreement
3.1 An agreement is concluded when:
The Contractor confirms the assignment in writing or by email; or
The Contractor, with the Client’s consent, has actually commenced performing the work.
3.2 The agreement is entered into for an indefinite period, unless the nature or content of the assignment indicates otherwise.
Article 4 – Termination of the Assignment
4.1 The assignment ends upon: a. completion of the work; b. written notice of termination by the Client; c. written notice of termination by the Contractor.
4.2 The assignment is deemed completed once the Contractor has performed the agreed-upon work, regardless of whether financing has actually been secured and regardless of the final terms thereof.
4.3 Upon termination of the assignment, the Client remains obligated to pay the agreed fee and all costs already incurred.
Article 5 – Execution of the Work
5.1 The Contractor will perform the work independently and determine the manner in which the assignment is carried out.
5.2 The Contractor is authorized to engage third parties in the execution of the assignment.
5.3 The Contractor will perform the work to the best of its knowledge and ability and with the care expected of a professional service provider.
5.4 The Client will refrain from actions that could hinder the execution of the assignment and will not, during the term of the agreement, purchase similar services from third parties without the Contractor’s prior written consent.
Article 6 – Provision of Information
6.1 The Client is obligated to provide all information and documentation the Contractor deems necessary in a timely, complete, and accurate manner.
6.2 The Client guarantees the accuracy, completeness, and reliability of the information provided.
6.3 The Contractor is not liable for any damage resulting from incorrect, incomplete, or late provision of information.
Article 7 – Confidentiality
7.1 The Contractor is obligated to maintain confidentiality of all confidential information, except as required by law.
7.2 The Client undertakes to maintain confidentiality of all information provided by the Contractor, including rates, working methods, documents, advice, and models.
7.3 In the event of a breach of these confidentiality obligations, the Contractor is entitled to recover any resulting damages from the Client.
Article 8 – Liability
8.1 Any liability of the Contractor is limited to direct damage.
8.2 The Contractor is never liable for indirect damage, including consequential damage, lost profits, lost savings, or business interruption.
8.3 The Contractor’s liability is in all cases limited to the lower of:
twice the fee paid by the Client; or
€10,000.
8.4 These limitations do not apply if the damage is the result of intent or deliberate recklessness on the part of the Contractor.
Article 9 – Fee
9.1 The Contractor’s fee is agreed in writing and may consist of a fixed fee, a success fee, and/or additional costs.
9.2 Failure to secure financing or deviation from the agreed terms does not release the Client from its payment obligations.
9.3 In the event of early termination of the assignment, the Client remains liable for the agreed fee and any costs incurred.
Article 10 – Payment
10.1 Invoices must be paid without discount, suspension, or offset within the agreed payment term.
10.2 In the event of late payment, the Client is legally in default and owes statutory commercial interest.
10.3 All judicial and extrajudicial collection costs are fully borne by the Client.
Article 11 – Complaints
11.1 Complaints must be reported to the Contractor in writing within five (5) days of discovery.
11.2 Complaints do not suspend the Client’s payment obligation.
Article 12 – Applicable law and choice of forum
12.1 All legal relationships between the Client and Beleggingspanden-financiering.nl Franchise B.V. are governed exclusively by Dutch law.
12.2 Disputes will be submitted exclusively to the competent court in the district where the Contractor has its registered office.