Terms and Conditions
Terms and Conditions EURO-INCASSO
Article 1 Definitions
- Financial Services Amsterdam B.V.(EURO-INCASSO) hereinafter referred to as “the contractor”.
- Principal shall be taken to mean: any (legal) person who has entered into an agreement with the Contractor, and its representative(s), agent(s), assignee(s) and legal successors by universal title.
- Debtor shall mean: the principal’s debtor.
- Principal shall mean: the amount offered by the principal to the contractor for collection, being the total of the amounts not paid by the debtor but still due. If the Decree on the Compensation of Extrajudicial Collection Costs applies, the principal sum is understood to mean the amount offered for collection, excluding the costs and interest already charged or recharged by the principal.
- Claim shall mean: the amount fully outstanding at any time, including all allowable costs and interest.
- Amounts collected shall be understood to mean: a) all amounts collected by or on behalf of the Contractor; b) all amounts collected by the Client or otherwise; c) all goods and/or items received in return, whereby the value of such goods shall be determined in accordance with objective standards; d) all credit entries made by the Client.
- Third party funds shall mean the funds received by the Contractor intended for the Client less the fees contractually agreed upon for the Contractor and less the costs incurred by the Contractor.
Article 2 General
- These general terms and conditions shall apply to all agreements entered into between the contractor and its client, unless otherwise agreed in writing. The client waives the applicability of his own general terms and conditions.
- Deviation from these general terms and conditions is only possible if such has been agreed in writing with the commissionee.
- With regard to all disputes arising in connection with agreements to which these terms and conditions apply, the court – whether or not the subdistrict sector – in whose district the contractor has his registered office shall have exclusive jurisdiction.
- All agreements of the contractor are governed by Dutch law. With due observance of the provisions of article 15, the court in The Hague shall have exclusive jurisdiction over disputes arising from the agreement and/or these general conditions.
- For the duration of the agreement until one year after the termination of the agreement, the client shall not employ or approach employees of the contractor with the objective of employing employees of the contractor, in default of which the client shall owe the contractor a penalty, which is not subject to judicial moderation, in the amount of EUR 10,000.00 for each violation.
- All written information prepared by the contractor in the context of any performance of the agreement and provided to the client is protected by copyright. None of this may be copied, reproduced or otherwise reproduced in whole or in part in any form or communicated to third parties without the express written permission of the contractor.
Article 3 Formation of an agreement
- All quotations by the contractor are entirely without obligation. General conditions EURO-INCASSO 2
Quotations automatically lapse if they are not accepted in writing by the client within two months, unless otherwise agreed in writing.
- The quotations will be deemed to have been accepted if the client sends the Contractor assignments as a result of the quotations.
- The contractor reserves the right to refuse orders without giving reasons. The contractor is also entitled to return claims already processed if these turn out not to be legally valid, with the right to charge the agreed commission in full to the client.
The client is not obliged to provide the contractor with a minimum number of orders.
Article 4 Rates
- All assignments shall be governed by the rates, terms and conditions of the Contractor. Only deviations laid down in writing shall be binding.
- The rates are included in a separate quotation, of which these general conditions are a part, unless otherwise agreed in writing.
- The contractor reserves the right to change the rates, which also applies to current assignments. The contractor shall inform the client of such a change in good time before the effective date.
- The client shall be entitled to terminate the agreement by registered letter within 30 days after the contractor has notified the client of the price increase. If the agreement is not terminated within the specified period, the Client shall be deemed to have agreed to the price change.
- All amounts mentioned in the agreement or these general terms and conditions are exclusive of VAT unless expressly agreed otherwise in writing. Any turnover tax due shall be passed on to the client.
- Commission shall be owed on all amounts collected after the contractor has processed the order. The date of confirmation of the order shall be deemed to be the date on which the order was processed.
- If, after the claim has been processed by the contractor, the client in any way whatsoever arranges for payment himself, frustrates the processing, or demands/revokes the assigned claim for any reason whatsoever, commission shall be owed on the full amount of the claim, in addition to other costs incurred by or on behalf of the contractor, including but not limited to out-of-pocket expenses, legal costs and enforcement costs.
- If the collection activities are carried out on a no cure, no pay basis, our collection fee will only be charged upon success, in accordance with the agreements set out in a separate collection agreement. Our fee may be a percentage of the collected claim, as agreed in the appendix agreement. The costs of the procedure, including court fees, bailiff costs, and other expenses, will be advanced based on the agreements made in the collection agreement. In case of a rejected claim, the client is obligated to pay the costs of the counterparty. If the court rejects the claim, the costs of the counterparty and any other costs and damages will be borne by the client (including but not limited to full cost recovery). The no cure, no pay principle is exclusively applicable to our collection fee and not to other expenses. When the debtor has (partially) paid the outstanding claim, the received amounts will first be used to pay any outstanding bailiff costs. Subsequently, our collection fee will be charged, and the remaining amounts will be forwarded to the creditors. In case of no cure, no pay, the payment by the debtor can also be made to our account or to the quality account of the bailiff.
- All assignments carried out on the basis of the ‘no cure, no pay’ principle, as described in these General Terms and Conditions, pertain exclusively to proceedings before the court of first instance. The ‘no cure, no pay’ arrangement is not applicable to proceedings in appellate courts or other subsequent legal actions.
Article 5 Provision of evidence and information
- The principal undertakes, at the same time as the claim is assigned, or at the contractor’s first request, to provide all necessary and desirable information and supporting documents, such as, in particular, a copy of the agreement, a recent and correct specification of the claim or other proof of debt recognition, invoices and any exchanged correspondence and the debtor’s name and address.
- The principal shall immediately inform the contractor of all payments, correspondence or other contacts between it and the debtor.
- The principal guarantees the accuracy, completeness and reliability of all data and documents made available to the contractor for the performance of an agreement, even if they originate from third parties engaged by the principal.
- If the client fails to comply with the above conditions, the contractor shall be entitled to refuse or return the order and to suspend its work or to charge the client for all additional costs incurred by the contractor as a result of this failure in accordance with the usual rates. Furthermore, the contractor is not liable for damages of any kind arising because the contractor relied on incorrect and/or incomplete information provided by the client.
Article 6 Performance of the Agreement
- With respect to assignments given to it, the contractor shall make every effort to collect the claim to the best of its ability. In providing its services, it shall only use legally permissible means and shall observe generally accepted social standards of care to the extent possible. The contractor shall at all times provide a best efforts obligation and is therefore never obliged to pay for a specific result.
- The contractor has the right to return orders in whole or in part due to irrecoverability or because it may reasonably be assumed that collection of the debt within a reasonable period is not possible, such at the contractor’s discretion.
- The contractor shall obtain the client’s prior consent to undertake any actions which may result in negative publicity for the client or which may lead to the bankruptcy of a debtor.
- Unless expressly agreed otherwise in writing, a debt collection order given to the contractor shall be deemed to be a power of attorney to take any legal action that the contractor deems useful to achieve effective debt collection. The costs of third parties in the judicial phase will be borne by the client unless these costs can be recovered from the debtor in accordance with Article 6.12.
- After the assignment has been given, the principal should limit contacts with the debtor as much as possible and in all cases refer the debtor directly to the contractor. In any case, the principal shall not make arrangements with the debtor regarding the claim offered for collection until after consultation with the contractor.
- The debtor is first contacted by the contractor within 5 working days after acceptance of the debt collection assignment, unless otherwise agreed in writing.
- At his request, Client shall receive all information regarding the progress of his debt collection assignments that is relevant and intended for him. The information shall be provided as soon as possible, but within 14 days at the latest after a request to that effect.
- The client can request access to the online time reporting system. This allows the client to have 24/7 access to the collection orders sent by the client.
- To the extent permitted (by law), the principal sum submitted by the client will be increased by the extrajudicial collection costs and the interest due.
- The contractor is entitled to make use of the services of third parties (including but not limited to bailiffs, information bureaus and lawyers) in providing its services. The contractor is not liable for errors or shortcomings of these third parties.
- The extrajudicial lawyer’s fees and the costs of legal proceedings (bailiff’s fees, court registry fees and attorney’s fees) shall, to the extent permitted by law, be recovered from the debtor. The interest shall be charged in accordance with the judgment until the time of full payment.
- If the costs incurred cannot be recovered from the debtor, they shall be charged to the client.
- An advance payment of costs can be requested for taking legal measures, which advance payment of costs will be settled with the client upon completion of the collection commission. The contractor is also entitled to charge the client in the interim for costs charged by third parties in the context of a debt-collection assignment.
- If the execution of agreed activities proves to be (temporarily) impossible for any reason whatsoever, the parties will immediately make this known and consult with each other.
- If during the term of the agreement a debtor makes any payment directly to the customer, this will be regarded as having been paid by the contractor. The Contractor shall then be entitled to charge the Client the rate as set out in the quotation. 6.16
- If the Principal revokes an order, the Contractor will be entitled to charge the Principal the rate set out in the quotation. The costs incurred in consultation with the Principal (e.g. fieldwork, legal fees, procedural costs and enforcement costs) will in that case be charged to the Principal in full.
- When we decide to engage an external lawyer for (part of) an assignment, we, as the contractor, are bound by the general terms and conditions and rules of the lawyer in question.
- If we directly connect our client with an external lawyer, this client becomes the direct client of the respective lawyer and the lawyer’s terms and conditions and rules apply. From that point on, the rules of the Bar Association and of the respective lawyer apply. Our role will, in that case, be limited at most to a supportive role, as we do not manage the direct relationship between the client and the lawyer.
- We reserve the right to use external court bailiffs for the collection of funds on behalf of our clients. These court bailiffs operate according to the rules and laws applicable to court bailiffs and are affiliated with the Royal Professional Organization of Court Bailiffs (KBvG).
Article 7 Payment obligations
- The client shall be obliged to pay an invoice to the commissionee within 14 days of its date.
- If the term of payment referred to in paragraph 1 is exceeded, the client will be in default without further notice and will owe a contractual interest of 1.5% per month on the outstanding amount from the due date.
- The client is also obliged to pay the (extra) judicial collection costs. The extrajudicial collection costs are fixed at 15% of the outstanding invoice amount, with a minimum of EUR 75.00 (excluding VAT).
- If the client is in default of timely payment of one or more outstanding invoices, the commissionee shall be entitled to suspend its work immediately and to retain all documents. The contractor shall not be liable for any damage resulting from a suspension.
- The Translator is entitled at all times to require the Client to provide security for the costs incurred and to be incurred in the execution of the order. If no security is provided, the Translator shall be entitled, without prejudice to his other rights, to suspend or terminate the order and all sums owed by the client to the Translator for any reason whatsoever shall become immediately due and payable.
- In the event of the Client’s liquidation, suspension of payments or (imminent) bankruptcy, the Client’s obligations will become immediately due and payable and the Contractor will be entitled to immediately suspend or terminate its assignment.
- Exchange rate and/or conversion differences occurring during the processing of a claim shall be for the account and risk of the client.
- The contractor is entitled to set off outstanding invoices against monies which it holds, for whatever reason, for the client in question.
Article 8 Third-party funds
- Funds received by or on behalf of the contractor for the benefit of the client shall be held in escrow until payment of the claim has been made in full or until the funds received have been transferred in the interim, after settlement of the contractor’s fees and expenses incurred or to be incurred.
- No interest will be paid on these monies.
- At the request of the Client, the Contractor shall render an account.
- Each payment, whether to the client or to the contractor, shall be applied in the first instance to settle the commission due to the contractor and the costs incurred. Unrecovered costs of payment, disbursements and costs of legal proceedings incurred by third parties, including that part of the legal costs awarded as attorney’s fees, shall also be deducted from the monies collected.
- Monies due to the client shall be transferred no later than on the last working day of the month following the month in which the file qualifies for (final) settlement with the client, unless otherwise agreed in writing. At the same time as the remittance of the monies due to the Client, the Contractor shall submit an invoice specification for each debtor.
- Wrongfully and/or excessively received payments will be refunded within 30 days after the information has been provided or could reasonably have been known about them.
- Payments from the debtor that are received by the commissionee must be passed on to the commissionee in writing or digitally at the latest one week after receipt. The time of payment shall be deemed to be the time of crediting to the bank or giro account. General conditions EURO-INCASSO 5
- Payments made by debtors to an account number of the Contractor other than the third-party account will in all cases be deemed to be payments in full discharge, also in respect of the Principal.
Article 9 Complaints
Complaints need only be addressed by the contractor if they are made known to the contractor in writing within 14 days of the end of the month in which the disputed event occurred.
Article 10 Liability
- Extrajudicial and judicial collection shall take place at the expense and risk of the client. The client shall be obliged to indemnify the contractor against all claims by third parties and to reimburse the reasonable costs of defending such claims.
- The contractor excludes all liability, insofar as it is not compulsorily regulated by law.
- The contractor is not obliged to compensate any direct or indirect damage and/or costs incurred by the client or third parties, for any reason whatsoever, nor to compensate damage caused by persons who are not employed by the contractor and who perform work for the contractor or who are involved in any way in the execution of assignments.
- Any liability of the contractor shall at all times be limited to the amount paid out in the relevant case under the professional liability insurance, including the excess borne by the contractor in this respect.
- In the event of force majeure, the contractor shall not be liable and shall have the right to postpone the work for as long as the situation of force majeure continues or to terminate the agreement, without being obliged to pay any compensation. Force majeure is understood to mean: every circumstance independent of the contractor’s will that temporarily or permanently prevents performance of the agreement. The following, in particular, will be considered force majeure: fire, strikes or impediments as a result of third parties failing to meet their obligations, war, threat of war, riots, strikes, transport difficulties and other serious disruptions in the business of the contractor or third parties engaged by him.
Article 11 Cancellation of an agreement
- Either party may terminate an agreement at any time by registered letter, subject to the contractually agreed notice period.
- Collection orders already being processed by the client at the moment of termination shall be continued at the rates and conditions applicable at that time.
- Insofar as the parties have concluded the agreement for a definite period, it shall be deemed to be renewed for an equal period after the expiry of the definite period.
Article 12 Termination and suspension of an agreement
- Without prejudice to the other rights to which it is entitled under the agreement, the contractor shall be entitled to terminate an agreement or to suspend its obligations towards the principal with immediate effect and without giving reasons if:
(a) the client is liquidated, declared bankrupt or is granted a (provisional) suspension of payments;
b) the client, despite written notice of default, continues to fail to comply with one or more of his obligations;
c) after the conclusion of the agreement, circumstances come to the knowledge of the contractor which give him reasonable grounds for fearing that the client will not (be able to) meet his obligations; General terms and conditions EURO-INCASSO 6
d) the client was requested to provide security for the fulfilment of his obligations at the conclusion of the contract and this security is not provided or is insufficient.
Article 13 Obligation of confidentiality
- The parties undertake to keep confidential all confidential information that they have obtained from each other or from another source in the context of an agreement concluded between them and that they know or should reasonably know is of a confidential nature, unless a statutory obligation to disclose applies.
- Information provided by the Client shall not be used for any purpose other than that for which it was obtained. The contractor respects privacy and ensures that personal information is treated confidentially. Personal data provided by third parties will be included in the contractor’s database. This file has been reported to the Dutch Data Protection Authority in accordance with the requirements of the Personal Data Protection Act. An overview of the notification is also included in the privacy statement maintained by the contractor on its website.
- The data included in the contractor’s database are necessary for the financial processing of the agreement entered into by the debtor with the client. When the data is included in the contractor’s database, it will be checked whether the debtor fails to meet its financial obligations and this data will be registered by the contractor in its database in order to limit further financial risks for the contractor and its clients. Furthermore, the contractor, or a company to be designated by the contractor, whether or not within the contractor’s legal group, shall be permitted to process the aforementioned database, or have it processed, with due observance of the provisions of the Personal Data Protection Act and other applicable laws and regulations, and to enrich it with additional personal and other data, including for the purpose of optimising the provision of services to its clients.
- With due observance of the provisions of Article 6.10, the provision of the (personal) data by the contractor to third parties other than for the purpose of the provisions of the preceding paragraph is only permitted with the prior, express consent of the client.
- The parties undertake to return immediately to the other party all documents obtained during the performance of the work or to destroy them upon first request, but in any case after termination of the agreement. The contractor shall be entitled to suspend this obligation for as long as the principal is in default of any payment obligation.
The client undertakes not to use the image/word mark, logo and all other intellectual property rights of the contractor without the written permission of the contractor.
Article 14 Default
The client must, on pain of forfeiture of his rights vis-à-vis the contractor, invoke breach of contract in writing as soon as possible, but no later than one week after the discovery of an attributable breach of contract.
Article 15 Amendments or additions to the conditions
- The contractor shall at all times be entitled to amend or supplement these terms and conditions.
- The Client shall be notified of the amendment or supplement in writing and the amendment or supplement shall be deemed to have taken effect immediately after it has been communicated to the Client.
- If the client is unable to agree to the amendment or supplement, he must notify us in writing within 30 days after the notification has been sent. After the expiry of the aforementioned 30-day period, the client shall be deemed to have agreed to the amendment or supplement.
Terms And Conditions of the website www.euro-incasso.nl
These terms and conditions outline the rules and regulations for the use of EURO-INCASSO’s Website, located at https://EURO-INCASSO.nl/.
By accessing this website we assume you accept these terms and conditions. Do not continue to use EURO-INCASSO if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, EURO-INCASSO and/or its licensors own the intellectual property rights for all material on EURO-INCASSO. All intellectual property rights are reserved. You may access this from EURO-INCASSO for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
* Republish material from EURO-INCASSO
* Sell, rent or sub-license material from EURO-INCASSO
* Reproduce, duplicate or copy material from EURO-INCASSO
* Redistribute content from EURO-INCASSO
This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Terms And Conditions Template.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. EURO-INCASSO does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of EURO-INCASSO,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, EURO-INCASSO shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
EURO-INCASSO reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
* You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
* The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
* The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
* The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant EURO-INCASSO a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking To Our Content
The following organizations may link to our Website without prior written approval:
* Government agencies;
* Search engines;
* News organizations;
* Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
* System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
* commonly-known consumer and/or business information sources;
* dot.com community sites;
* associations or other groups representing charities;
* online directory distributors;
* internet portals;
* accounting, law and consulting firms; and
* educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of EURO-INCASSO; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to EURO-INCASSO. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
* By use of our corporate name; or
* By use of the uniform resource locator being linked to; or
* By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of EURO-INCASSO’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Due to our international audience, we use machine translation. The original English version shall prevail. Typographical and translation errors reserved.
Reservation Of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal Of Links From Our Website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
* limit or exclude our or your liability for death or personal injury;
* limit or exclude our or your liability for fraud or fraudulent misrepresentation;
* limit any of our or your liabilities in any way that is not permitted under applicable law; or
* exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.