This is a translation of Dutch General Terms for information purposes. In case of dispute the Dutch General Terms apply to any offer by or agreement with Your Financials.
All relations between Your Financials and its client are subject to these general conditions.
Duty of care
Your Financials will take the necessary care when carrying out assignments from the client and will take the interests of the client into account to the best of its ability.
Engaging third parties
Your Financials is authorized to use the services of third parties when carrying out assignments from the client. Your Financials is not liable for the shortcomings of those third parties, without prejudice to its liability, elaborated in these terms and conditions for its own shortcomings, if it demonstrates that it has exercised due care in choosing that third party.
Change in the authority of the client
Changes in the authority of the client or of his representatives or authorized representatives, even if they have been entered in the public registers, will only take effect against Your Financials after they have been informed of this in writing.
All proposals made by Your Financials are intended as guidelines as stated in the advice plan. The final outcome and the realization of the proposals made by Your Financials are to a large extent dependent on the offers of selected lenders.
The advice plan sent to the client in combination with the service agreement shall serve as a record of what has been agreed between the parties unless the contents thereof have been refuted by the client in writing within eight days of the date of this writing. After approval, the order confirmation must be signed for approval signed.
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 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 carried out by Your Financials must be submitted in writing to Your Financials within 14 days of the date of full or partial execution, failing which the assignment will be deemed to have been executed correctly.
Complaints regarding invoices
Complaints regarding the amounts invoiced 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, in the absence of which the client is deemed to have the amounts claimed. accepted. Complaints do not give right to settlement, nor suspension of payment.
In the event that the client has not paid the invoice sent by Your Financials within thirty days of the invoice date and there is no question of an advertisement in the sense described above, the client will be in default by this single fact, without any further notice of default being required. The client who is in default is from that moment on the outstanding invoice amount to Your Financials an interest of one percent per month or part of a month.
Unless otherwise agreed, payment must be made by transfer to one of Your Financials' bank accounts.
All judicial and extrajudicial costs of collection due to (partial) non-payment or late payment are at the expense of the client, unless otherwise stated below. The amount of extrajudicial costs of collection is 15% of the principal sum with a minimum of € 150. The legal costs of legal assistance that have been incurred in connection with a dispute between the client and Your Financials are at the expense of Your Financials or at the expense of the client if and insofar as this is determined by the court's 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 from the relationship with the client for Your Financials will be borne by the client within the limits of reasonableness.
Consequences of default
If the client is in default with respect to Your Financials, the latter has the right to suspend the execution of the assignment given to it until the moment the client has remedied the omission.
Reduced creditworthiness of the client
If Your Financials receives instructions regarding the scope of the assignment issued, if Your Financials receives insufficient creditworthiness then Your Financials has the right to return the assignment, without prejudice to the obligation of the client to pay for work already done. , unless the client ensures advance payment or adequate security.
Cancellation of assignment
From the moment that the assignment of services has been signed by the client and returned by Your Financials, the client will be charged all the hours spent on this assignment, irrespective of the reason, after cancellation of the assignment. The advice hourly rate that is used for this is € 150, - (excluding VAT) with a minimum of € 2,500 (excluding VAT).
Your Financials is not liable for non, incorrect or late execution of orders 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, by whatever cause, war, riots, epidemics, natural disasters, fire and other calamities, strike, exclusion , measures taken by the government, insofar as these circumstances have direct consequences for the correct execution of the assignment.
As soon as a circumstance mentioned under 1 occurs, Your Financials will notify the client of this.
If fulfillment 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 principal to take over Your Financials and to reimburse it. of the assignment.
No guarantees regarding results
Although Your Financials carries out the assignments 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 it has performed, including advice provided by it.
Your Financials is in no way liable and therefore never obliged to compensation of damage, caused either by exceeding the delivery time or by defects in the advice given. Your Financials is therefore also never obliged to compensate for loss of profits or damage due to loss of income and the like, for whatever reason the client arose in connection with the agreement concluded by the parties, unless the damage is caused by intent or gross negligence of Your Financials. Under no circumstances will Your Financials's liability extend beyond the fee charged by it in connection with the performance of the relevant assignment.
Your Financials is also not liable for errors in the written and / or oral information provided by the client.
The offer made by Your Financials, advice plan, as well as the calculations, descriptions, models and such made or provided by it remain its (intellectual) property, regardless of whether costs have been charged for this. The information, which is contained in this or the basis of the calculation method and the like, remains exclusively reserved for Your Financials, even if costs have been charged for this.
The client warrants that the property referred to in paragraph 1, except for the execution of the agreement, will not be copied, shown to third parties, disclosed or used with the written permission of Your Financials.
Failure to comply with the provisions of this paragraph means a violation of copyright, at least the right of industrial property, belonging to Your Financials, as a result of which the client becomes liable for damages to Your Financials. This damage is estimated at 10% of the turnover realized by the third party with a minimum of € 11,344, -, without prejudice to the right of Your Financials to additional compensation.
All disputes regarding any agreement and / or concerning the interpretation of these General Terms and Conditions will be submitted to the district court in Leeuwarden or the District Court in Leeuwarden.
Dutch law will exclusively apply to all relations between Your Financials and its client.
Terms deviating from these General Terms and Conditions can only be agreed in writing.