General Terms of Delivery of Invorderingsbedrijf strong>
As of 1 January 2012
1.1 Client: every (legal) person, who has entered into an agreement with the contractor, and his representative (s), authorized representative (s), legal successor (s) and heirs; 1.2 Debtor: the person with whom the Client has entered into an agreement, and who is liable to pay to Client pursuant to that agreement; 1.3 The Collection Company: The Collection Company, with its registered office in The Hague; 1.4 Agreement: every agreement concluded between the Collection Company and the Client, any change thereto or addition thereto, as well as all (legal) acts in preparation and in execution of that agreement; 1.5 Products and services: all performances and deliveries that are the subject of an agreement, as well as the related work; 1.6 Claim: The amount fully outstanding at any time, including all costs and interest; 1.7 Principal: The amount offered by the Client to the Contractor for collection.
2.1 These conditions apply to all offers, legal relationships and agreements of the Collection Company, whereby the Collection Company supplies products and services of any nature to the Client. These conditions also apply to additional assignments and follow-up assignments from Client (s). 2.2 Deviations from these conditions or any provision in an agreement are only valid if they have been expressly accepted in writing, and only relate to the relevant agreement. 2.3 Agreements with or commitments of (an employee of) the Collection Company, or third parties engaged by the Collection Company in the performance of the agreement, are not binding on the Collection Company, unless these agreements or commitments have been confirmed by it in writing. 2.4 The Collection Company is entitled to refuse orders without giving any reason. 2.5 The Collection Company is entitled to transfer an existing agreement including all rights and obligations to a third party. 2.6 All assignments, either directly to the Collection Company or to individual colleagues, are only accepted by or on behalf of the Collection Company, even if it is the express or tacit intention that an assignment will be carried out by a specific person. Section 7: 404 of the Dutch Civil Code, which provides for a settlement for the latter case, and Section 7: 407 (2) of the Dutch Civil Code, which establishes joint and several liability for cases where two or more persons have been given an assignment, are not applicable. 2.7 In the event that a Client is a legal person and is connected with another legal entity in a group within the meaning of article 2: 24b of the Dutch Civil Code, it is jointly and severally liable towards the Collection Company for the payment of all current and future claims of the Collection Company on the other legal entities with whom it is affiliated in a group. 2.8 These general terms and conditions apply to all agreements concluded between the Client and its client, unless otherwise agreed in writing. The client waives the applicability of his own general terms and conditions. 2.8 If a provision in these terms and conditions should be wholly or partially in conflict with a provision of mandatory law, this provision shall lapse and shall be replaced by a new legally permissible comparable provision to be determined by the Collection Company. 2.9 The Collection Company does not reimburse interest on amounts that are for any reason whatsoever.
3 Offers and formation agreement
3.1 All offers are without obligation, unless expressly stated otherwise in the offer in writing. 3.2 An agreement is only concluded if and insofar as the Collection Company accepts an order from the Client in writing or if the Collection Company executes the order. A quotation is considered accepted if the Client is the reason
submitting assignments to the contractor from the quotations 3.3 If the Client provides an assignment, it is bound by it. The Client can not derive any rights from apparent errors in an offer. 3.4 If an offer does not lead to an agreement, the Client shall return the offer and all other documentation provided by the Collection Company to the Collection Company on first request. 3.5 All offers and quotations are made subject to any conditions and tariffs agreed in writing. The offers made by the Collection Company have a period of validity of 30 days, unless stated otherwise.
4 Duration agreement
4.1 The Collection Company offers cooperation on the basis of a separate assignment or on the basis of a subscription. Unless otherwise agreed in writing, a subscription is initially entered into for a period of twelve months with tacit renewal for the same period, unless one of the parties has canceled in writing and registered three months before the expiration of any period. If no notice is given in a timely manner, the agreement will be continued for an equal period, under the prevailing conditions and rates.
5 Products and services
5.1 The Collection Company issues information sheets with an explanation of the products and services it offers. In addition, the Collection Company issues rate lists. These information sheets and price lists, which can be adjusted from time to time, form part of the current and the to be concluded agreement (s) with regard to these products and services. In the event of any inconsistencies between the information sheets and / or rate lists and these conditions, the provisions in these conditions shall prevail. 5.2 The rates applied by the Collection Company are exclusive of VAT, disbursements and – if agreed – office costs, unless stated otherwise. 5.3 In the event that the amount of a claim is disputed, a Client must have made this known to the Collection Company in writing within 30 days of the date of the invoice, failing which a Client can no longer invoke this later in and / or out of court. .
6 Obligations the Collection Company
6.1 The obligations of the Collection Company are in the nature of a best efforts obligation and the Collection Company will in no case guarantee a result to be achieved. All products and services are provided by or on behalf of the Collection Company for the account and risk of the Client. 6.2 The terms stated by the Collection Company are indicative. Exceeding any term gives the Client no right to compensation or the right to cancel an assignment or to dissolve the agreement, unless there is intent or deliberate recklessness on the part of the Collection Company or its management personnel.
7 Client obligations
7.1 The Client shall always provide the Collection Company with all information that the Collection Company requires in order to correctly execute the agreement in a timely, correct and in the desired form, including but not limited to its correct address details and data concerning its legal form. The Client guarantees the correctness, completeness and reliability of that information at all times. The Collection Company is not obliged to return the documents made available to the Client in the context of an agreement. 7.2 The Client shall immediately inform the Contractor of all payments, correspondence or other contacts between it and the debtor. 7.3 The Client must, after having given the order, limit contacts with the debtor as far as possible and in all cases direct it to the Contractor. to refer. In any event, the Client will not make any arrangements with the Debtor about the debt offered for collection any sooner than after consultation with the Collection Company.
8.1 If the Client issues an order for collection, the Client shall provide all relevant information and documents about the relevant Debtor. In particular, the Client makes available to the Collection Company in a timely manner the (general) conditions applied by it to the Debtor. 8.2 If the Client instructs the Collection Company to collect a claim, the Client authorizes the Collection Company to perform all necessary collection and legal actions in the Client’s name that are necessary in the opinion of the Collection Company. This authorization includes, among other things: a) approaching the Debtor in any way whatsoever; b) charging interest and costs to the Debtor; c) receiving funds from the Debtor; d) making a payment arrangement with the Debtor; e) initiating or initiating (judicial) legal proceedings against the Debtor; f) applying for (provisional) suspension of payment of the Debtor; g) applying for a bankruptcy of the Debtor. 8.3 The principal sum, i.e. the total of the claim offered including B.T.W., is increased by collection and administration costs and interest. The principal comes to the Client. 8.4 Every payment by a Debtor first of all serves to pay collection costs, then the interest and commission and then the principal sum. 8.5 There is no interim payment of amounts collected by the Collection Company, unless otherwise agreed in writing. 8.6 The Commission is liable for all payments made, irrespective of who and after the Collection Company has handled the order. 8.7 The Collection Company is entitled to transfer its rights and obligations from an agreement to a third party. The Client is not entitled to transfer its rights and obligations from an agreement to a third party without the prior written consent of the Collection Company.
9.1 The order for collection ends if there is full payment by the Debtor or when the Collection Company decides to terminate the assignment. There is payment by the Debtor when the Debtor has paid the debt to the Collection Company or directly to the Client. Payment shall be equivalent to any consideration accepted by the Debtor vis-à-vis the Client, any amounts collected by Client or otherwise, compensation of the claim, crediting, clearing, or a return of the Client’s services to the Debtor, whereby the value of these goods according to objective standards. The Client must immediately inform the Collection Company in writing that the Debtor pays, if the Client has been paid directly. A commission will be charged on the payments. 9.2 The Collection Company is entitled to terminate its collection activities prematurely, if in its opinion it can not reasonably be expected that payment can be obtained without (extra) legal proceedings and / or the Debtor disputes the claim on legal grounds. 9.3 If the Client withdraws a collection order, arranges a payment arrangement with the Debtor outside the Collection Company, settles with the Debtor, leaves the Collection Company without any notice, arranges the payment itself or precludes further collection proceedings, the Collection Company nevertheless has the right to claim 15% commission on its entire collection, an amount of € 25 (excluding VAT) to registration costs and other costs – including, among other things, all costs owed by third parties, such as field service, fees, process and execution costs – to be charged. 9.4 The Collection Company has the right to terminate an accepted assignment in whole or in part, without giving any reason. 9.5 If the costs incurred can not be recovered from the debtor, these costs will be charged to the client, unless this has been deviated from in writing.
10.1 The rates are mentioned in the agreement and / or the applicable rate lists. 10.2 The Collection Company has the right to change the rates at any time by providing a new price list. The new rates therefore also apply to the current agreements. The Collection Company will provide the new rates list to the Client one month before the commencement date thereof. If the change involves an increase of 10% or more, the Client can terminate the agreement. The right to dissolution will lapse if the Client does not dissolve the agreement in writing and by registered letter within one month after the new price list has been issued. 10.3 Provision is due on all payments made, regardless to whom, after Client has dealt with the assignment. The date of the confirmation of the assignment is the date on which the order is being processed. 10.4 The costs of third parties engaged by the Collection Company in and out of court shall be borne by the Client. The same applies to unrecordable court and execution costs as well as all those costs that are caused by Client’s debtors starting a procedure (s). In the event that a fee is calculated, the fee will be increased by 6% office costs over that fee, VAT and disbursements. 10.6 The Collection Company is entitled to charge additional costs (also made by third parties) to the Client, insofar as these can not be recovered from the Debtor.
11. Third party funds
11.1 Amounts collected are received by the Stichting Derdengelden Invorderingsbedrijf, a bank account managed by a separate legal entity, on which debtors must deposit their payments. 11.2 Third-party funds mean: the money received by the contractor for the client, less the contractual fee for the contractor
agreed fees and less the costs incurred by the contractor. 11.3 Funds received by the Collection Company on behalf of the Client will be held in deposit until full payment of the claim has taken place or until the monies received are paid in the interim, net of the fee and the costs incurred or to be incurred. 11.4 No interest shall ever be paid on funds that the Collection Company holds. 11.5 Every payment, either to the client or to the contractor, is primarily used to pay the commission and costs incurred and interest paid to the contractor. The unrecovered costs of payment transactions, disbursements, the costs of legal proceedings incurred by third parties, including that part of the allocated legal costs that are allocated as an attorney’s salary, are also deducted from the collected funds.
11.6 Payments from the debtor that arrive at the Client must be communicated in writing or digitally to the Collection Company no later than one week after receipt. The time of payment is regarded as the time of transfer to the bank or giro account.
12 Extra work
12.1 If the Client wishes additions or changes to the products or services that the Collection Company must deliver on the basis of an agreement and the Collection Company is of the opinion that its obligations are thereby increased or increased, there will be additional work, even if the parties have previously arranged a fixed price. had agreed. 10.2 If the Collection Company believes that additional work is involved, it will inform the Client of this as soon as possible and inform it of the consequences thereof for the price and for the period within which the products or services can be delivered by the Collection Company. The Client is deemed to be in agreement with the performance of the additional work and the associated costs and other consequences, unless it objects to this in writing immediately after the notification by the Collection Company.
13.1 The payment term is 14 days after the invoice date. Invoices are paid by the Client according to the payment terms stated on the invoice. Client is not entitled to settlement, deduction or suspension of payment. 13.2 The Collection Company is at all times entitled to settle outstanding invoices with funds that it holds for and / or manages, for whatever reason, on behalf of or on behalf of the Client, including third-party funds. 13.3. If the Client is in default, i.e. after the expiry date has been exceeded, the Collection Company has the right, without any reminder or notice of default being required, to charge an interest equal to 2% per month from the due date of the invoice. 13.4 If the Client is in default, it will owe all judicial and extrajudicial costs from the date of default, without further notice of default being required. The extrajudicial collection costs amount to 15% of the outstanding claim with a minimum of € 75, – (excluding VAT), all this with an amount of € 10, – (excluding VAT) per summons to administration costs, as well as an amount of € 35, – (excluding VAT) to registration costs and interest as referred to in the previous paragraph. 13.5 If the Client defaults on timely payment of one or more outstanding claims, the Collection Company is entitled to immediately suspend its work and to keep all documents in its possession. The contractor is not liable for any damage resulting from a suspension. 13.6 The Collection Company is entitled to a deposit from the client at all times
to demand surety for the security of the costs incurred and to be incurred by it for the execution of the assignment. If payment of this deposit or surrender of the security is not made, the Collection Company is entitled, without prejudice to its other rights, to suspend or terminate the assignment and all that which the client owes to the contractor for whatever reason shall be immediately due and payable. 13.7 The Collection Company is entitled to demand an advance at all times, which advance must be paid immediately and will be settled in an interim or final statement. 13.8 Price and / or conversion differences arising during the treatment of a claim are at the risk and expense of the Client.
14 Liability and indemnity
14.1 If, after proper notice of default, the Collection Company repeatedly fails to fulfill its obligations under the agreement, with due care, expertise and skill, and this would lead to liability, that liability shall always be limited. to the total of the amounts paid by the Client under the agreement in question to the Collection Company excluding VAT (fee) received by the Collection Company for its activities in connection with that order. For assignments that have a longer turnaround time than half a year, a further limitation of the liability referred to here applies up to a maximum of the invoice amount over the last six months. An extract from the current professional liability policy will be sent to you on request. If for whatever reason no payment on the basis of the aforementioned insurance will take place, any liability is limited to the fee or fee charged by the Collection Company within the framework of the relevant order or the relevant file in the past six months, excluding other costs. Any action must be taken by the Client no later than one year after the relevant case, failing which the Client has processed its rights. 14.2 Any further liability of the Collection Company for any damage other than mentioned in the previous paragraph, which has been suffered by the Client, its personnel or other persons involved in the execution of the agreement, is expressly excluded, including consequential damage, loss of profit. , missed savings, disappointed expectations, trading loss, damage due to violation of third party rights, loss of data, environmental damage and (other) immaterial damages. the Collection Company is also not liable for incorrect or delayed transmission of data, communications and / or deliveries due to the use of the Internet or any other means of communication between the Client and the Collection Company, or between the Collection Company and third parties in connection with the relationship between the Client and the Collection Company. 14.3 The limitations of liability mentioned in the previous two paragraphs shall lapse if there is intent or deliberate recklessness on the part of the Collection Company or its management staff.14.4 The Client indemnifies the Collection Company against claims by third parties that may result from a shortcoming in the fulfillment of the agreement that can not be attributed to the Collection Company, or a violation of laws or regulations not attributable to the Collection Company, including the Personal Data Protection Act and / or other regulations concerning the processing of personal data. 14.5 The execution of the assignment is done exclusively for the benefit of the client. Third parties can not derive any rights from the content of the work performed. 14.6 the Collection Company will exercise due care when engaging third parties. However, the Collection Company can not be held liable for damage as a result of the actions of these third parties. the Collection Company assumes and, where necessary, stipulates that all instructions given to it by Clients constitute the authority to accept any liability limitations of third parties on behalf of those Clients. 14.7 The Collection Company is indemnified by its Clients for all claims from third parties, including the reasonable costs of legal assistance, which are in any way connected with or ensuing from work carried out by the Collection Company for its clients, except for intent and gross negligence on the part of the Client. the recovery company. 14.8 Not only the Collection Company, but also all persons who have been engaged in the performance of an assignment by a Client, can invoke these General Terms and Conditions. The same applies to those who have worked at the Collection Company, including heirs, if these persons are held liable after having left the office of the Collection Company. 14.9 The Collection Company is never liable for damage, of whatever nature, caused by the fact that the Client has inaccurate or incomplete information.
15 Force majeure
15.1 Without prejudice to its other rights, in the event of force majeure, the Collection Company has the right to suspend the performance of an agreement at its own discretion, or to dissolve the agreement in whole or in part without judicial intervention, such as to be communicated by Client in writing. and without the Collection Company being obliged to pay any compensation. 15.2 Force majeure means any circumstance independent of the will of the Collection Company, whereby the fulfillment of its obligations towards the Client in whole or in part is prevented or whereby the fulfillment of its obligations can not reasonably be required of the Collection Company, irrespective of whether this circumstance at the time of the conclusion of the contract. These circumstances also include: strikes and exclusions, blockade, riot, fire, malfunctions in or at the company of the Collection Company, stagnation or other problems in the provision of services by the Collection Company or its suppliers and / or in the case of its own or by third parties transport and / or devaluation, increase of import duties and / or excise duties and / or taxes and / or measures of any government body, as well as the absence of any permit to be obtained from the government and employees’ illness.
16 Absenteeism and dissolution
16.1 If the Client fails to comply properly or in time with any obligation arising from any agreement and / or these conditions, Client shall be in default and the Collection Company shall be entitled, without notice of default or judicial intervention: (i) the execution of that agreement on to suspend until payment is sufficiently secured; or (ii) to dissolve that agreement in whole or in part with immediate effect, without the Collection Company being obliged to pay any compensation. 16.2 The previous paragraph also applies if the Collection Company has learned of circumstances after the conclusion of the agreement that give it reasonable grounds to fear that the client will not be able to comply with its obligations or that the Collection Company will suffer damage of any kind. therefore, will suffer, such as reputational damage.16.3 In the event of (provisional) suspension of payments, bankruptcy, liquidation or liquidation of (the business of) Client, all agreements with immediate effect will be wholly or partially dissolved by operation of law, unless Client, his trustee or administrator, in response to the written request, within a reasonable period of time, agrees to the agreement (s). In the latter case, the Collection Company is entitled to suspend the execution of the agreement (s) until fulfillment of the agreement has been sufficiently secured. 16.4 The provisions in the previous two paragraphs do not affect the other rights of the Collection Company pursuant to the law and the agreement.16.5 In the event that an event as referred to in paragraph 1 or 2 occurs, all claims of the Collection Company from under the relevant agreement (s) to the Client immediately and fully due and payable. In that case, the Collection Company will not be obliged to fully or partially repay the amounts of the Client under the relevant agreement (s).
17 Intellectual property
17.1 All intellectual property rights to (the results of) products and services provided are vested exclusively in the Collection Company, its licensers or its suppliers. The Client does not acquire any intellectual property rights with respect to the (results of) products and services. 17.2 The Client is not permitted to change or remove any brand or other identifying marks affixed to the products, or to change or modify the products or any part thereof. 17.3 If, in the opinion of the Collection Company, the Client has made it sufficiently plausible that the products infringe an intellectual property right of a third party, then the Collection Company is entitled, at its own discretion, to acquire such a right that the Client may use the products. can continue, or in the reasonable opinion of the Collection Company, make equivalent products available, or to change the products in order to have the infringement undone, or to dissolve the agreement in whole or in part, subject to repayment of the Client’s (for the relevant part) price paid, after deduction of a reasonable fee for the use of the products up to the moment of dissolution. 17.4 The Client will immediately inform the Collection Company of any claim by a third party regarding an infringement of intellectual property rights with regard to the products. In the event of such a claim, only the Collection Company is authorized to object against the Client or to take legal action against that third party on behalf of the Client, or to reach an amicable settlement with that third party. The Client shall refrain from all such measures, insofar as this can reasonably be required of it. In all cases, the Client will cooperate with the Collection Company. 17.5 The Client shall indemnify the Collection Company for all damage (including the legal adviser costs) that the Collection Company may suffer as a result of a breach of intellectual property rights of a third party, if the Collection Company would have violated those rights by using data, writings or objects or otherwise provided by the Client to the Collection Company for the execution of the agreement. 17.6 the Collection Company also reserves the right to use the knowledge acquired through the execution of the collection services for other purposes.
18.1 The Client will keep all information and / or data that it obtains in the context of the execution of the agreement confidential and will not disclose it to third parties without written permission from the Collection Company. 18.2 In the event of violation of the previous paragraph, the Client will forfeit an immediately due and payable fine of EUR 25,000 per incident, which penalty will not affect the Client’s possible compensation obligation. The Collection Company is free to demand compliance with the agreement in addition to the fine.
19 Personal data
19.1 Personal data within the meaning of the Personal Data Protection Act (Wbp) are processed in accordance with the legal provisions and the provisions in the Privacy Statement. 19.2 In the performance of the agreement, the Collection Company is to be regarded as the person responsible within the meaning of the Wbp with respect to the processing of the personal details of the Debtors and the Client. 19.3 Insofar as the Client himself determines the purposes and the means of data processing of the personal details of his Debtors, the Client can be regarded as the controller of this personal data. If this has been agreed in writing, the Collection Company will in that case process this personal data on behalf of the Client as processor. As the processor, the Collection Company will ensure to the best of its ability suitable technical and organizational measures to protect the personal data against loss or against any form of unlawful processing. After prior consultation, the Client can monitor compliance. 19.4 In its capacity as controller, the Client guarantees that all statutory regulations regarding the processing of personal data are strictly observed and that all prescribed registrations have been made and all required consents to processing personal data have been obtained. The Client shall provide the Collection Company with all relevant information in writing without delay.
20 Judicial and execution route
20.1 The judicial and execution procedure is always entirely at the expense and risk of the Client. The No Cure No Pay method does not apply during this process. 20.2 The collection costs awarded in a court order in any form whatsoever, interest and salary authorized by the court, or any other compensation, other than the principal sum, will be immediately due and payable to the Client after granting and the Collection Company will accrue. This applies regardless of whether these costs can be recovered from the Debtor. 20.3 During the judicial and execution procedure, the Collection Company uses the services of third parties, such as court bailiffs and lawyers. Third party costs are passed on to the Client one by one, irrespective of whether they can be recovered from the Debtor. 20.4 If a file is closed, a final settlement will be made to which the Client will be charged the assigned collection costs, interest, salary authorized person, fee and costs of third parties, plus any other allowances and costs incurred.
21 Legal activities
21.1 If it is necessary for the handling of a debt collection case to carry out legal activities, including the conduct of an (extra) judicial procedure, the relevant costs may be charged to the Client on an advance basis. As long as the possible advance payment has not been received, the Collection Company is not obliged to further work.
22 Applicable law and disputes
22.1 Dutch law applies exclusively to these terms and conditions and to the agreements. 22.2 Disputes will only be submitted to the competent court in The Hague. These conditions, filed with the Chamber of Commerce in The Hague, apply to all offers, agreements, contracts, service level agreements etc.
23 Debt collection outside the Netherlands
23.1 There is an order for collection outside the Netherlands if the Debtor has his residence or place of business outside the Netherlands. 23.2 In the case of an international direct debit order, the following applies. If the Collection Company and / or the party that it engages abroad in the context of a direct debit collect additional costs on the Debtor in addition to the principal sum and the interest, these costs shall accrue to the Collection Company and / or the aforementioned third party. The collected costs are not deducted from the agreed rates in accordance with the most recent list of rates. 23.3 In the event of collection of claims in foreign currency, the Collection Company is not liable for any possible loss of price.
24 Online Credit Management Tool
24.1 In the context of a collection order, the Client has the non-exclusive and non-transferable right to use the online credit management tool of the Collection Company. This right of use of Client only includes the right to load and execute the online credit management tool for own use. 24.2 At the request of the Client, the Collection Company shall allocate access and / or identification codes to the Client for the use of the online credit management tool by Client and make them available to the Client. the Collection Company is entitled to change already assigned access and / or identification codes. The Client shall treat the access and / or identification codes made available to it confidentially and with care and will only disclose this to authorized staff members. The Collection Company is never liable for damage or costs resulting from misuse of access and / or identification codes. 24.3 the Collection Company is not responsible for checking the correctness and completeness of the (collection) data used by the Client when using the online credit management tool, nor for checking the correctness and completeness of the results of the use of the online credit management. tool. Client will check these data and results themselves. The Invorderingsbedrijf does not guarantee that the online credit management tool works without errors or interruptions.
(C) 2012 Invorderingsbedrijf B.V.