GENERAL TERMS AND CONDITIONS of THE JOHO COMPANY B.V.
General Terms of Delivery apply to all services provided by the JoHo Insurances Foundation.
Subject to exceptions laid down by law, no part of this publication may be reproduced and/or published by print, photocopy, mail or otherwise without written permission from the copyright holder.
GENERAL TERMS AND CONDITIONS of the JoHo Insurances Foundation.
Article 1: Definitions
1.1 Financial Service Provider B.V.:
The Joho Insurances Foundation located in Leiden at Stationsweg 2D, 2312AV, hereinafter referred to as: "FD".
1.2 Principal:
The natural or legal person to whom FD has made any quotation, offer or with whom it has entered into an agreement.
1.3 Assignment:
The Assignment granted by Principal to FD to advise on or mediate in the conclusion of a Financial Product as well as the implementation of a subscription agreed between Principal and FD.
1.4 Subscription:
Assignment of services agreed upon between Principal and FD consisting of assisting Principal, in accordance with the terms and conditions included in the subscription, for a specified period of time in the maintenance and execution of Financial Products entered into by Principal specified in the subscription terms and conditions.
1.5 Financial Product:
The mortgage, insurance, savings account or credit or investment object, or other products designated as such within the meaning of article 1:1 Wft, on which FD advises, in which it mediates, and/or which it manages on the basis of an agreement.
1.6 Provider:
The provider of a financial product.
Article 2: Assignment
2.1 An agreement between Principal and FD is deemed to be established at the moment FD has confirmed an Assignment or has begun with the performance thereof. FD is authorized to refuse Assignments granted to it without giving reasons, even after it has sent Principal an offer for the performance of work.
2.2 All Assignments granted to FD shall be concluded exclusively with FD and shall be performed by it, even if it is the intention of the Principal that the Assignment will be performed by a particular person employed by FD.
2.3 Assignments granted to FD result exclusively in effort obligations on the part of FD, not in result obligations, unless it has been clearly agreed in writing between FD and Principal that there is an obligation to achieve a result.
2.4 Unless otherwise agreed in writing, periods specified by FD within which it shall perform the Assignment it has been granted are never to be regarded as strict deadlines.
2.5 These general conditions are also stipulated for the benefit of the directors and/or partners of FD and all persons working for FD. The applicability thereof shall continue if the aforementioned directors/partners and/or other persons working for FD are no longer employed by FD.
2.6 Any purchase or other conditions to which Principal refers when accepting an offer or quotation or concluding an agreement are not applicable unless they are accepted by FD without reservation and in writing.
Article 3: Offers and quotations of Provider and advice FD
3.1 Offers or quotations presented by FD on behalf of a Provider to Principal are, unless otherwise expressly stated therein, non-binding and subject to acceptance by the respective Provider.
3.2 Customer cannot derive any rights from calculations made by FD with respect to the costs of a financial product and the possible effect thereof in the monthly costs of Principal. These calculations should be regarded as preliminary and indicative and may be subject to interim interest and premium changes. Only when a Provider has made an offer which has been accepted by Principal can FD provide a final calculation of the monthly costs.
3.3 Advice provided by FD to Principal are snapshots and based on simplified assumptions of the laws and regulations applicable at that time. Only when a Provider has made an offer which is accepted by Principal, FD can provide a final calculation of the monthly costs.
3.4 The FD mediates and/or advises only in financial products of Providers with whom the FD has a partnership. The FD makes every effort to mediate the Client towards a financial product. However, the range of financial products worldwide is so extensive that FD does not exclude the possibility that in certain situations Principal may purchase other, possibly cheaper and better products. The FD's duty of care is limited exclusively to the financial products that are created through FD's mediation.
3.5 Depending on the destination of the Client there may be an obligation to purchase a locally offered financial product. Client must make his own (local) inquiries. A financial product offered by FD does not always meet local requirements.
Article 4: Communication
4.1 In the event that Principal has sent any digital message to FD, he may not rely on the fact that this message has reached FD until he has received a confirmation of its receipt, not being an automatic receipt.
4.2 General information provided by FD, whether or not on the Internet, whether or not at the request of the Principal, is without obligation and shall never be deemed to be advice given by FD in the context of an Assignment granted to it, except to the extent that the contrary appears from FD's communication or it concerns advice tailored to the personal situation of the Principal.
4.3 Until Client has notified FD of a change of address, FD may rely on the fact that Client can be reached at the address provided by him at the start of the Assignment, including his email address.
4.4 The forms on our websites (such as the expat and emigration advice form) are intended to form an initial picture of the situation, plans and wishes. Based on this information we will give you an idea of the (im)possibilities. This process is non-committal and is not an official instruction for advice or an agreement to provide advice. Based on the given information you are free to use our services as a mediator.
Article 5: Engagement of third parties
5.1 FD is permitted in the performance of the Assignment granted to it to make use of third parties if necessary. The costs involved in the engagement of these third parties will be charged to Client.
5.2 To the extent that FD, in the performance of the Assignment granted to it, must make use of advice prepared by external consultants, including advice from accountants, lawyers, tax consultants, etc., it shall consult with the Principal as much as possible in advance and exercise due care in the selection of the relevant third party or parties. FD is not liable for (attributable) failures of these external advisors.
5.3 FD is responsible, in the same manner as for its own employees, for the third parties engaged by it in the performance of the Assignment assigned to it, which are not to be regarded as external consultants in the sense of the provisions of Article 5.2, such as temporary employees, external administrative agencies, etc.
5.4 In its information and communication FD refers to organizations that specialize in services which the FD does not offer. These referrals to external parties are without obligation. The FD is therefore not liable for (attributable) failures of these external parties.
Article 6: Fee and payment
6.1 The fee due to FD for its services may be included in the amounts to be charged to Principal by the Provider or an hourly rate, a fixed fee or subscription, or a combination thereof may be agreed upon between FD and Principal.
6.2 FD is entitled to increase its fees, including any subscription costs, annually on January 1 in accordance with the consumer price index (CPI) series all households, published by Statistics Netherlands (CBS), assuming base year 2006 = 100, or according to a fixed percentage as agreed upon by FD and Principal.
6.3 Changes in government-imposed taxes and/or levies will always be passed on to Principal. FD is entitled to increase the agreed rates if after the acceptance of the Assignment increases occur in the costs of materials or services necessary for the performance of the Assignment, and/or other costs, which influence the cost price of FD.
6.4 In the event that FD works on a fee-for-service basis, an advance may be charged, to be paid by Client before FD commences the performance of the Assignment.
6.5 Invoices of FD must be paid by Principal within 14 days after the invoice date in the manner prescribed by FD, unless otherwise agreed in writing or the invoice states otherwise.
6.6 If Principal does not timely pay the premiums payable by him on account of insurance policies taken out, the Provider may suspend coverage under the insurance and, in the event of damage, refuse to reimburse it.
6.7 Offsetting by Customer of amounts charged by FD for its services against a counterclaim asserted by Customer, or suspension of payment by Customer in connection with a counterclaim asserted by Customer, is permitted only to the extent that the counterclaim has been expressly and unreservedly recognized by FD or has been irrevocably established in law.
6.8 If the Principal fails to pay the amounts invoiced by FD within the agreed period, the Principal shall, without any prior notice of default being necessary, owe statutory interest on the outstanding amount. If the principal remains negligent to pay the outstanding amount to FD even after notice of default, FD may outsource the collection of its claim, in which case the principal shall also be liable for the extrajudicial collection costs. The extrajudicial collection costs shall not exceed € 6,775.00 and shall be determined in accordance with the following graduated scale:
- Over the first € 2,500.00: 15% with a minimum of € 40.00.
- Over the next € 2,500.00: 10%.
- Over the next € 5,000.00: 5%
- Over the next € 190.000,00: 1%.
- Over the higher amount: 0,5%.
6.9 Payments made by Customer shall always first be applied to settle all interest and costs due and subsequently due and payable invoices which have been outstanding the longest, even if Customer states that the payment relates to a later invoice.
6.10 If, in the opinion of FD, the creditworthiness of the Principal gives reason to do so, FD is authorized to suspend the provision of its services until the Principal has provided sufficient security for his payment obligations.
Article 7: Information of Principal
7.1 Principal shall at all times, solicited and unsolicited, provide FD with all relevant information necessary for the proper performance of the Assignment granted. This should include, but not be limited to, a situation in which there are such changes in the composition of the family, the income, the capital situation, the business destination, the size of the business, the stock management, etc. of the Principal, that FD would have to adjust its advice accordingly or that financial products already concluded may no longer be adequate.
7.2 FD can only fulfill its duty of care towards Principal if Principal strictly complies with the provisions of 7.1.
7.3 If information necessary for the performance of the agreed Assignment has not been made available to FD, or has not been made available in a timely fashion or in accordance with the agreements made, or if Principal has not otherwise complied with his (information) obligations, FD is authorized to suspend the performance of the Assignment.
7.4 Client is fully responsible for the accuracy and completeness of all information provided by him to FD. If the failure to provide information in a timely, accurate or complete manner results in FD having to spend more time or incur additional costs in the performance of the Assignment, FD shall charge the fee associated with the additional time and/or the additional costs to be incurred to the Client.
7.5 If it subsequently transpires that the Principal has provided incorrect or incomplete information on the basis of which FD has carried out the Assignment, the Provider may be entitled on the basis of its (general) policy conditions to terminate the insurance or credit (with immediate effect), or may be entitled to decide not to pay compensation for damage suffered.
Article 8: Liability of FD
8.1 Any liability of FD as well as of its directors, its employees and persons engaged by FD in the performance of the Assignment shall be limited to the amount paid in the relevant case under FD's professional liability insurance, including the deductible to be borne by FD. Further information about the professional liability insurance will be provided to interested parties upon request.
8.2 In the event that the professional liability insurance of FD referred to in Article 8.1 does not provide coverage in a specific case, the liability of FD as well as its directors, its employees and the persons engaged by FD in the performance of the Assignment shall be limited to a maximum of the total fees charged to the Principal in connection with the Assignment on which the damage occurred. If FD has not charged the Principal a fee for its services, the liability of FD and hers shall be limited to the premium charged by the Provider to the Principal.
8.3 The performance of the Assignment issued shall be exclusively for the benefit of the Principal. Third parties may not derive any rights from the contents of the work performed for Principal.
8.4 FD is never liable for damages suffered by the principal or third parties as a result of incorrect, incomplete or untimely information provided by the principal.
8.5 FD is never liable for any damages resulting from errors in software or other computer programs used by FD.
8.6 FD is never liable for any damage resulting from the circumstance that FD did not receive the e-mail messages sent by the principal to FD.
8.7 FD is never liable for any damage resulting from the circumstance that the principal has not timely paid the premiums and/or interest charged to him for financial products concluded by him after the mediation of FD.
8.8 FD shall never be liable for any damage resulting from the circumstance that a financing reservation agreed by the Principal with his counterparty has expired.
8.9 In the event that FD advises on or mediates in the conclusion of financial products in which an investment and/or investment component is part of it, FD provides a prognosis with respect to the possible results of the product concerned. This is only an indication. FD is never liable for damages on behalf of Principal or third parties, which directly or indirectly result from a (disappointing) value development of financial products and/or (the disappointing of) results, yield, profitability, etc. of financial products. Furthermore, FD is not liable for damages suffered as a result of errors or inaccuracies in forecasts of a to-be-achieved result, return, profitability, etc. from third parties, including any Provider.
8.10 FD is not liable for financial consequences that may result from obligations to take out a locally obligated financial product.
8.11 The provisions of this article do not affect the liability of FD for damage caused by the intent or deliberate recklessness of its subordinates.
8.12 Principal shall only be entitled to dissolve any agreement with FD if FD, even after proper notice of default, remains culpably in default to fulfill its obligations toward Principal. Payment obligations that have arisen before the time of dissolution and/or which relate to services already provided, must be fulfilled by the Customer without prejudice.
Article 9: Force Majeure
9.1 FD is not obliged to comply with any obligation if this is not reasonably possible for FD as a result of changes in the circumstances existing at the time of the conclusion of the obligations, which are beyond FD's control.
9.2 A failure in the performance of an obligation of FD shall in any event not be attributable and shall not be for its risk in the event of default and/or failure by or at its suppliers, subcontractors, carriers and/or other third parties engaged, in case of fire, strikes or lockouts, riots or civil commotion, war, governmental measures, including export, import or transit bans, frost and all other circumstances of such nature that FD can no longer be required to be bound.
Article 10: Protection of personal data
10.1 FD will not use or provide personal data provided by the Principal to third parties for purposes other than for the performance of the Assignment or for the sending of mailings by FD to the Principal, except to the extent that FD is required by law or public order, in the exercise of its business, to provide such information to a designated authority.
10.2 If Client objects to the inclusion of his personal data in any (as applicable) mailing list etc. of FD, FD shall remove the relevant data from the relevant file upon the first written request of Client.
Article 11: Complaints Institute
11.1 FD is affiliated with the Financial Services Complaints Institute (KIFID) under number 300.005771. A dispute arising from quotations, offers and agreements to which these conditions apply may, at the discretion of the Principal, be submitted for advice to either the Disputes Committee for Financial Services or the civil courts.
Article 12: Lapse of right
12.1 Complaints with respect to work performed by FD or the amount of the amounts charged by FD must, on pain of forfeiture of rights, be filed with FD in writing and within 30 days after the FD Principal has received the documents, information or invoice to which his complaint relates, or could reasonably have become aware of the shortcoming in the performance of FD. The filing of a complaint shall never suspend the payment obligations of Principal.
12.2 All rights of action and other powers of Principal for whatever reason in connection with work performed by FD shall in any event expire five years after the time when Principal became aware or could reasonably have become aware of the existence of these rights and powers.
Article 13: Miscellaneous
13.1 All offers and quotations made by FD and all Assignments accepted by FD are governed by Dutch law.
13.2 In the event that the contents of written agreements between FD and Principal deviate from what is stated in these general conditions, the written agreements shall prevail.
13.3 If the parties have made agreements deviating from these general conditions in any written document, those agreements shall prevail. Deviations from and/or additions to these general conditions shall bind FD only to the extent expressly agreed in writing between FD and Principal.
13.4 If any provision of these General Conditions is found to be invalid, only the relevant provision shall be excluded from application, all other provisions shall remain in full force and effect.
13.5 FD is entitled to unilaterally modify or supplement the contents of these general conditions in the interim. Changes of minor importance may be made at any time. In the event FD proceeds to an essential interim change it shall notify Principal thereof while simultaneously sending the amended general conditions. Principal is entitled to object to the applicability of the amended conditions within 30 days after the date on which he has been informed of the relevant changes. The parties will then consult on the contents of the applicable general terms and conditions. If Principal does not object to the amended contents of the general conditions, they shall govern the agreements between the parties as of the date specified by FD.