General Terms and Conditions Finass insures Article 1: Definitions 1.1 Finass Advies BV Statutair established and office in Bergen Marijkelaan 11, 1862 EW: "Contractor". 1.2 Client: the natural or legal person to whom the Contractor has provided any quotation, made offer or with whom it has concluded an agreement. 1.3 Assignment: the assignment provided by the Client to the Contractor to advise on or to mediate in concluding a financial product. 1.4 Financial product: the mortgage, insurance, investment or savings account or the credit for which the Contractor will advise and / or at the closure that the Contractor will mediate. 1.5 Financial institution: the party with whom the financial product is concluded. Article 2: Assignment 2.1 An agreement between the client and the contractor is deemed to have been concluded when the Contractor has accepted an assignment in writing or started the implementation thereof. The Contractor is authorized to refuse assignments to it without giving reasons, even after she has sent a quote to the Client for performing work. 2.3 Assignments provided to the contractor only lead to the relevant obligations of the contractor. 2.4 Unless otherwise agreed in writing have been agreed by the contractor within which it will execute the assignment given it, never to regard it as a fatal period. 2.5 These general terms and conditions are partly stipulated for the benefit of the directors and / or partners of the contractor and all persons working for it. The applicability of this will continue to exist if the aforementioned directors / partners and / or other persons who work for it no longer work for the contractor. 2.6 Any purchasing or other conditions to which the client refers to the acceptance of an offer or quotation or the conclusion of an agreement do not apply, unless they have been accepted by the Contractor without reservation and in writing. Article 3: Offers and quotations from financial institutions and advice Contractor 3.1 by the Contractor on behalf of a financial institution presented to the Client or quotations to the Client are, unless explicitly stated otherwise, without obligation and subject to acceptance by the relevant financial institution. 3.2 calculations made by the Contractor with regard to the costs of a financial product and any effect thereof in the monthly costs should be considered provisional and indicative 3.3 The contractor can provide a final calculation when a financial institution has made a quotation that has been accepted by the client. 1 Article 4: Communication 4.1 In the event that the Client has sent any message to the contractor, he may only be confident that this message has reached the contractor if he has received a confirmation of the receipt thereof, not being an automatic receipt confirmation. 4.2 General, whether or not on the internet, whether or not at the request of the Client, information provided by the contractor, is without obligation. 4.3 Address changes must be announced to the contractor. Article 5: Introduction third parties 5.1 The Contractor is permitted to make use of third parties in the execution of the assignment provided to it if necessary. With the involvement of these third parties involved, the client is passed on. The contractor is not liable for (attributable) shortcomings of these external advisers. Article 6: Honorarium and payment 6.1 Parties make agreements in advance for an hourly rate or fee. 6.2 Changes in the government imposed by the government and / or levies are always charged to the client. The Contractor is entitled to increase agreed rates in the meantime if, after accepting the assignment, increases arise in the costs of materials or services that are required for the execution of the assignment, and / or of other costs, which influence the cost price of the contractor. 6.3 Invoices from the Contractor must be paid by the Client within 14 days after the invoice date in the manner prescribed by the Contractor, unless otherwise agreed in writing or the invoice states otherwise. 6.4 Insofar as the Contractor charges the Client on behalf of a financial institution to the Client, the Client must realize that it is not, or not in time, paying premiums and / or interest charged that the insurance and / or provisions taken out by him do not offer coverage for the insured risk, or may lead to an enclosed mortgage sale. 6.5 settlement by the client of the contractor charged by the Contractor for its services with a counterclaim made by the Client or suspension of payment by the Client in connection with a proposal set by this, is only permitted insofar as the counterclaim has been explicitly recognized or without reservation or in a right -wide determination. 6.6 If the Client does not pay the amounts charged by the contractor within the agreed period, the Client will, without a prior notice of default being required, will owe the statutory interest on the outstanding amount. If the client remains negligent even after notice of default to pay the outstanding amount to the Contractor, the Contractor can hand over the collection of its claim, in which case the client will also be obliged to compensate for the extrajudicial collection costs. The amount of the extrajudicial collection costs is set at 15% of the amount from which payment is claimed. 6.7 Payments made by the Client always first serve to settle all interest and costs owed and then of due and payable invoices that have been open the longest, even though the Client states that the payment relates to a later invoice. 6.8 The Client provides sufficient certainty for his payment obligations. 2 Article 7: Information from the client
7.1 The Client will provide all relevant information to the contractor that it needs for the correct execution of the assignment given to it. 7.2 The Contractor can only meet the obligation to care for care in relation to the client if the client complies with the strictly strict in 7.1. 7.3 The necessary information must be made available to the contractor in time, in accordance with the agreements made. If the client has not met his (information) obligations, the Contractor is authorized to suspend the execution of the assignment. 7.4 The Client itself is fully responsible for the accuracy and completeness of all information provided to the contractor by him. Article 8: Liability of the Contractor 8.1 Every liability of the Contractor as well as its directors, its employees and the persons engaged by the contractor in the execution of the assignment is limited to the amount that is paid out in the relevant case under the professional liability insurance of the Contractor, including the deductible to be carried out by the Contractor. On request, stakeholders will provide further information about the professional liability insurance. 8.2 In the event that the professional liability insurance referred to in Article 8.1 does not provide any coverage in a specific case, the liability of the Contractor as well as of its directors, its employees and the persons engaged by the contractor in the performance of the assignment are limited to a maximum of the total of the assignment that has been charged to the Honorum. If the Contractor has not charged a fee for its services to the Client, the liability is limited to the premium charged to the Client by the financial institution. 8.3 The execution of the assignment provided is exclusively for the benefit of the client. 8.4 The Contractor is never liable for damage suffered by the client or third parties as a result of incorrect, incomplete or inaditable information provided by the client. 8.5 The Contractor is never liable for any damage that results from errors in software or other computer software used by the contractor. 8.6 The Contractor is never liable for any damage that arises from the circumstance that the Client sent to the Contractor (email) Messages did not reach the Contractor. 8.7 The Contractor is never liable for any damage that arises from the circumstance that the client has not paid the premiums and / or interest charged to it for him, after mediation of the Contractor, not completed financial products. 8.8 The provisions of this article do not affect the liability of the contractor for damage caused by the intent or deliberate recklessness of its subordinates. 8.9 The Client is first entitled to terminate any agreement with the Contractor if the Contractor is attributable even after proper notice of default in order to comply with its obligations towards the Client. Payment obligations that have arisen for the time of dissolution and / or which relate to services already provided must be fulfilled by the Client without prejudice to. Article 9: Force majeure 9.1 The Contractor is not obliged to fulfill any obligation if this is not reasonably possible for the Contractor as a result of the changes that have arisen outside outside the provisions of the circumstances. 3 9.2 A shortcoming in the fulfillment of an obligation of the Contractor does not in any case apply as attributable and does not come for its risk in the event of default and / or shortcoming by or with its suppliers, subcontractors, carriers and / or other third parties engaged, in the event of fire, work stinging or exclusion, riots, vasters, government measures and government measures Which are of such a nature that bondage can no longer be required from the contractor. Article 10: Personal Data Protection 10.1 Personal Data provided by the Client to the Contractor will not be used or provided to third parties for purposes other than for the purpose of the execution of the assignment. Subject to the contractor under the law or public order in the context of its business operations, it is required to provide the relevant data to a designated body. Article 11: Complaints Institute 11.1 The Contractor is affiliated with the Complaints Institute Financial Services (KIFID) under number 300,012144. The Kifid can mediate in and judge disputes between client and contractor. Article 12: Decay of law 12.1 Complaints with regard to work performed by the Contractor or the amount of the amounts charged by it must be submitted to the Contractor in writing and within 60 days after the Client has received the documents, information or invoice to which his complaint relates. Submitting a complaint will never suspend the payment obligations of the client. 12.2 All claim rights and other powers of the Client for whatever reason, in connection with work performed by the Contractor, will lapse at least five years after the moment at which the client became known or could reasonably be known with the existence of these rights and powers. Article 13: Miscellaneous 13.1 The offers, quotations and accepted assignments issued by the Contractor applies Dutch law. 13.2 In the event that the content of agreements made in writing between the contractor and the client, deviates from what is stipulated in these general terms and conditions, the written agreements made prevail. 13.3 Deviations from and / or additions to these General Terms and Conditions must have been agreed in writing. 13.4 If any provision of these General Terms and Conditions appears to be void, only the provision in question is excluded, all other provisions will be retained in full. 13.5 The Contractor is entitled to unilaterally change the content of these General Terms and Conditions. In the case of the Contractor to interim change, it will inform the Client thereof with simultaneous transmission of the amended General Terms and Conditions. The Client is entitled to object to the applicability of the adjusted conditions within 30 days of the date on which he was informed of the relevant changes. In that case, parties will consult on the content of the applicable general terms and conditions. If the client makes no objection against the amended content of the general terms and conditions, it will control it from the date mentioned by the contractor the agreements made between the parties.
