General terms and conditions Finass Advies B.V.

1 Definitions

1. Finass Advies B.V., having its registered office and place of business at Marijkelaan 11, 1862 EW Bergen, hereinafter referred to as: "the contractor".
2. The client: the natural person or legal entity to whom the contractor has issued a quotation, to whom it has made an offer, or with whom it has concluded an agreement.
3. The instruction: the instruction given by the client to the contractor to advise on, or to act as intermediary in, the taking out of a financial product.
4. Financial product: the mortgage, insurance, investment or savings account or the credit on which the contractor will advise and/or in the taking out of which the contractor will act as intermediary.
5. Financial institution: the party with whom the financial product is taken out.

2 The instruction

1. An agreement between the client and the contractor is deemed to have come into being at the moment the contractor has accepted an instruction in writing, or has started to carry it out. The contractor is entitled to refuse instructions given to it without stating reasons, including after it has sent the client a quotation for carrying out work.
2. Instructions given to the contractor lead solely to obligations of best effort on the part of the contractor.
3. Unless agreed otherwise in writing, periods stated by the contractor within which it will carry out the instruction given to it are never to be regarded as strict deadlines.
4. These general terms and conditions are also stipulated for the benefit of the directors and/or partners of the contractor and all persons working for it. They remain applicable if the aforementioned directors, partners and/or other persons working for it no longer work for the contractor.
5. Any purchase conditions or other conditions to which the client refers when accepting an offer or quotation or when concluding an agreement do not apply, unless they have been accepted by the contractor in writing and without reservation.

3 Offers and quotations from financial institutions and advice from the contractor

1. Offers or quotations presented to the client by the contractor on behalf of a financial institution are, unless expressly stated otherwise therein, without obligation and subject to acceptance by the financial institution concerned.
2. Calculations made by the contractor regarding the costs of a financial product and any effect thereof on monthly charges are to be regarded as provisional and indicative.
3. The contractor can provide a definitive calculation once a financial institution has issued a quotation that the client has accepted.

4 Communication

1. If the client has sent a message to the contractor, he may only rely on that message having reached the contractor once he has received confirmation of its receipt, not being an automatic acknowledgement of receipt.
2. General information provided by the contractor, whether or not via the internet and whether or not at the client's request, is without obligation.
3. Changes of address must be notified to the contractor.

5 Engaging third parties

1. The contractor is permitted to use third parties in carrying out the instruction given to it, if necessary. The costs involved in engaging these third parties are passed on to the client. The contractor is not liable for attributable failures of these external advisers.

6 Fee and payment

1. The parties agree in advance on the hourly rate or fee.
2. Changes in taxes and/or levies imposed by the government are always passed on to the client. The contractor is entitled to increase agreed rates in the interim if, after acceptance of the instruction, increases occur in the costs of materials or services required to carry out the instruction and/or in other costs that affect the contractor's cost price.
3. Invoices from the contractor must be paid by the client within 14 days of the invoice date in the manner prescribed by the contractor, unless agreed otherwise in writing or stated otherwise on the invoice.
4. In so far as the contractor charges interest or premiums to the client on behalf of a financial institution, the client must be aware that failure to pay the premiums and/or interest charged, or failure to pay them on time, may mean that the insurance policies and/or provisions taken out by him provide no cover for the insured risk, or may lead to the forced sale of the immovable property to which a mortgage taken out relates.
5. Set-off by the client of amounts charged by the contractor for its services against a counterclaim asserted by the client, or suspension of payment by the client in connection with a counterclaim asserted by him, is permitted only in so far as the counterclaim has been expressly and unconditionally acknowledged by the contractor or has been irrevocably established in law.
6. If the client does not pay the amounts charged by the contractor within the agreed period, the client owes the statutory interest on the outstanding amount, without any prior notice of default being required. If the client remains in default of paying the outstanding amount to the contractor even after a notice of default, the contractor may place the collection of its claim in the hands of a third party. In that case the client is also obliged to reimburse the extrajudicial collection costs. The amount of the extrajudicial collection costs is set at 15% of the amount whose payment is claimed.
7. Payments made by the client always serve first to settle all interest and costs owed and then to settle the payable invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.
8. The client provides sufficient security for his payment obligations.

If the client is a consumer, the mandatory rules of the Extrajudicial Collection Costs (Standardisation) Act (Wet normering buitengerechtelijke incassokosten) and the associated decree apply to the extrajudicial collection costs and to the reminder required for them. Where these conditions deviate from those rules, the statutory rules prevail.

7 Information from the client

1. The client will provide the contractor with all relevant information that it needs in order to carry out correctly the instruction given to it.
2. The contractor can only meet the duty of care owed to the client if the client strictly complies with the provisions of Article 7, paragraph 1.
3. The necessary information must be made available to the contractor in good time and in accordance with the arrangements made. If the client has not met his information obligations, the contractor is entitled to suspend performance of the instruction.
4. The client is himself fully responsible for the accuracy and completeness of all information he provides to the contractor.

8 Liability of the contractor

1. Any liability of the contractor, as well as of its directors, employees and the persons engaged by the contractor in carrying out the instruction, is limited to the amount paid out in the case concerned under the contractor's professional indemnity insurance, including the excess to be borne by the contractor. On request, further information about the professional indemnity insurance is provided to interested parties.
2. If the contractor's professional indemnity insurance referred to in paragraph 1 provides no cover in a specific case, the liability of the contractor, as well as of its directors, employees and the persons engaged by the contractor in carrying out the instruction, is limited to no more than the total of the fee charged to the client in respect of the instruction underlying the loss that has arisen. If the contractor has not charged the client a fee for its services, liability is limited to the premium charged to the client by the financial institution.
3. The instruction given is carried out solely for the benefit of the client.
4. The contractor is never liable for loss suffered by the client or by third parties as a result of incorrect, incomplete or untimely information provided by the client.
5. The contractor is never liable for loss arising from errors in software or other computer programs used by the contractor.
6. The contractor is never liable for loss arising from the circumstance that e-mail messages sent by the client to the contractor have not reached the contractor.
7. The contractor is never liable for loss arising from the circumstance that the client has not paid on time the premiums and/or interest charged to him for financial products taken out by him following the contractor's intermediary services.
8. The provisions of this article do not affect the contractor's liability for loss caused by intent or wilful recklessness of its subordinates.
9. The client is only entitled to dissolve any agreement with the contractor if the contractor, even after a proper notice of default, remains attributably in default of meeting its obligations towards the client. Payment obligations that arose before the time of dissolution and/or that relate to services already provided must be fulfilled by the client in full.

If the client is a consumer, the limitations in this article do not affect the mandatory protection of the consumer.

9 Force majeure

1. The contractor is not obliged to fulfil any obligation if this is not reasonably possible for the contractor as a result of changes, arising through no act of its own, in the circumstances that existed when the obligations were entered into.
2. A failure to fulfil an obligation of the contractor is in any event not deemed attributable and is not at its risk in the event of default and/or failure by or at its suppliers, subcontractors, carriers and/or other third parties engaged, and in the event of fire, strike or lockout, riots or civil unrest, war, government measures, including export, import or transit bans, frost and all other circumstances of such a nature that the contractor can no longer be required to be bound.

10 Protection of personal data

1. Personal data provided by the client to the contractor will not be used by the contractor or provided to third parties for purposes other than carrying out the instruction given to it, unless the contractor is obliged by law or by public order, in the course of its business operations, to provide the data concerned to a body designated for that purpose.
2. How the contractor handles personal data is set out in the privacy statement.

11 Complaints institute

1. The contractor is affiliated with Kifid, the Dutch Financial Services Complaints Board (Klachteninstituut Financiële Dienstverlening), under number 300.012144. Kifid can mediate in and rule on disputes between the client and the contractor.
2. The internal route is described in our complaints procedure.

12 Lapse of rights

1. Complaints regarding work carried out by the contractor or the amount of the sums it has charged must be submitted to the contractor in writing and within 60 days after the client received the documents, information or invoice to which his complaint relates. Submitting a complaint never suspends the client's payment obligations.
2. All rights of action and other powers of the client, on whatever grounds, in connection with work carried out by the contractor lapse in any event five years after the moment at which the client became aware, or could reasonably have been aware, of the existence of these rights and powers.

These periods do not affect the fact that a consumer can always turn to Kifid or to the courts within the periods that apply there.

13 Miscellaneous

1. Dutch law applies to all offers, quotations and accepted instructions issued by the contractor.
2. If the content of arrangements made in writing between the contractor and the client deviates from what is laid down in these general terms and conditions, the arrangements made in writing prevail.
3. Deviations from and/or additions to these general terms and conditions must be agreed in writing.
4. If any provision of these general terms and conditions proves to be null and void, only the provision concerned is disapplied. All other provisions remain fully in force.
5. The contractor is entitled to amend the content of these general terms and conditions unilaterally in the interim. If the contractor makes an interim amendment, it will notify the client of this while at the same time sending the amended general terms and conditions. The client is entitled, within 30 days of the date on which he was notified of the amendments concerned, to object to the applicability of the amended conditions. In that case the parties will enter into consultation about the content of the applicable general terms and conditions. If the client does not object to the amended content of the general terms and conditions, they apply from the date stated by the contractor to the arrangements made between the parties.