General terms and conditions
General terms and conditions PensioenTijd
1.
Definitions
In these general terms and conditions, the following definitions shall apply:
1.1
PensioenTijd: the user of the general conditions: PensioenTijd or any of its
trade names: PensioenTijd, HypotheekTijd and Money for Later, established at Veldhoven to
de Huysacker 44, 5505 KA.
1.2
Client: the natural or legal person to whom PensioenTijd has made any offer
provided, offered or entered into an agreement with.
1.3
Agreement: the service agreement/commission contract.
2.
General
2.1
These terms and conditions apply to all offers, work, quotations and
agreements between PensioenTijd and a Client on which PensioenTijd has entered into these
conditions declared applicable, unless the parties have expressly declared in writing between
otherwise agreed.
2.2
These conditions also apply to all agreements with
PensioenTijd, the performance of which requires the involvement of third parties.
2.3
The terms and conditions of the Client shall not apply and these may affect the operation
of these conditions do not set aside.
2.4
PensioenTijd is entitled to unilaterally amend the content of these general conditions in the interim
modify. In the event that PensioenTijd proceeds with an interim amendment, it shall inform the Client
thereof under equal transmission of the amended general terms and conditions.
Client shall be entitled within 30 days from the date of notification of
the relevant amendments, against the applicability of the amended conditions
objection. At that time, the parties shall consult on the content of the applicable
being general terms and conditions. If the client does not object, these
from the date specified by PensioenTijd the agreements made between the parties.
3.
Offers and tenders
3.1
All offers and quotations are without obligation and based on the Client's
information provided, unless the offer specifies a deadline for acceptance.
3.2
The Client guarantees the accuracy and completeness of the
data.
3.3
The offer made by PensioenTijd expires after 14 days if the offer is then
not yet accepted by the Client, unless otherwise indicated.
3.4
The rates in the offers and quotations mentioned are exclusive of VAT, unless otherwise
stated.
3.5
If the acceptance differs from the offer included in the quotation, PensioenTijd
not bound by it. Any additions or amendments made later shall be binding on
PensioenTijd only after its explicit acceptance.
4.
Assignment and agreement
4.1
An agreement shall be deemed to have been concluded at the time PensioenTijd makes the
has accepted the order in writing or has started its execution.
PensioenTijd is authorised to refuse assignments given to it without giving reasons
refuse.
PensioenTijd shall perform the Agreement to the best of its knowledge and ability and in accordance with the requirements
of good craftsmanship perform.
4.2
The assignment, as described in the assignment agreement or as described in the
offer made by PensioenTijd, will be carried out independently by PensioenTijd.
PensioenTijd shall determine the manner in which the assignment/quotation is carried out.
4.3
PensioenTijd is permitted, in carrying out the instruction given to it if
make use of third parties where necessary. The use of such third parties will involve associated
costs words passed on to the Client.
4.4
If by PensioenTijd or third parties engaged by PensioenTijd in connection with the
assignment work will be performed at the Client's location or at a location designated by the
Client designated location, the Client shall take care of the location designated by that
employees reasonably required facilities.
5.
Modification of the agreement
5.1
The Client accepts that the timing of the assignment may be affected,
if the parties agree in the interim to change the approach, working method or scope of the assignment
and/or extend or modify the resulting work.
5.2
If a fixed fee has been agreed, PensioenTijd will thereby indicate to what extent
the amendment or supplement to the agreement results in an overrun of this fee to
consequence.
6.
Contract duration and execution period
6.1
The agreement between PensioenTijd and the Client is entered into for a definite period of time,
which the parties shall expressly agree in writing.
6.2
Is within the term of the agreement for the completion of certain work
a deadline, this shall never be a strict deadline. If exceeding of
the deadline takes place, PensioenTijd will inform the Client of this as soon as possible.
notice.
6.3
Provided that this is justified by standards of reasonableness and fairness, the
Client in the event that the deadline is exceeded, the order will be terminated without further costs.
take back.
7.
Fees and payment
7.1
PensioenTijd is obliged, when concluding the agreement with the Client, to agree to
discuss how the work will be remunerated. This remuneration may be on
based on an hourly rate to be charged, on a subscription basis, on a
fixed fee or a combination of these reimbursement options.
7.2
If remuneration is agreed on the basis of an hourly rate, the fee will be
determined on the basis of hours actually spent. The fee shall be calculated according to the
agreed hourly rate.
7.3
The fee is exclusive of VAT and, for assignments with a duration of more than one
month, charged monthly, together with VAT. For assignments with a
term of less than one month, the fee, together with VAT, will be paid after the end of
charged for the order.
7.4
If the assignment contract includes an allowance for expenses, the following shall apply
the same provisions as in the previous paragraph.
7.5
PensioenTijd is entitled to change the hourly and subscription rates as well as the agreed
fixed fee or any combination thereof, to be increased annually per 1 January in accordance with the
Consumer price index (CPI) series all households, published by Statistics Netherlands
of Statistics (CBS), assuming base year 2006 = 100, or according to a fixed
percentage as agreed between PensioenTijd and the Client.
7.6
Changes in government-imposed taxes and/or levies will always be notified to the
Client. PensioenTijd is entitled to charge agreed rates
interim increase if increases occur after the conclusion of the agreement
in the costs of materials or services required for the performance of the agreement
and/or of other costs, which affect the cost price of PensioenTijd.
7.7
Payment must be made within 14 days of the invoice date, unless otherwise agreed
and recorded. Objections to the amount of the invoice do not suspend the payment obligation
on.
7.8
If the Client defaults on payment within the 14-day period or the
otherwise agreed term then the Client shall be in default by operation of law.
Client shall then owe statutory interest on the outstanding amount over
the outstanding amount from the due date until the day of payment in full.
7.9
If, after notice of default, the Principal continues to fail to pay the claim, the
claim, in which case, in addition to the then-current
total amount due, shall also be liable to pay extrajudicial
collection costs, the amount of which is set at two points of the
court applied liquidation rate.
7.10
If, in the opinion of PensioenTijd, the Client's creditworthiness is
causes, PensioenTijd is authorised to suspend the provision of services, until
the Customer has provided sufficient security for its payment obligations.
7.11
In the event of liquidation, bankruptcy, attachment or suspension of payments of the Client
the claims of PensioenTijd against the Client are immediately due and payable.
8.
Termination
8.1
Either party may terminate the agreement in writing at any time.
8.2
If the assignment contract is terminated prematurely by the Client, the
Client is then obliged to pay the invoices for services rendered up to that time.
work. The preliminary results of the work carried out to date will be
therefore be made available to the Client subject to reservation.
8.3
If the assignment contract is terminated prematurely by the Client, the
PensioenTijd on account of the resulting and plausible loss of capacity utilisation is entitled to
compensation, whereby for the remaining months of the assignment contract, the hitherto
to average monthly claim amount as a starting point.
8.4
PensioenTijd may only exercise its power of early termination if
as a result of facts and circumstances beyond its control or not
are attributable, completion of the contract cannot reasonably be expected.
demanded. PensioenTijd thereby retains a claim to payment of invoices for up to then
work performed to date.
9.
Liability
9.1
Any liability of PensioenTijd as well as its directors, its employees and
persons engaged by PensioenTijd in the performance of the order, is limited to
the amount covered under the professional liability insurance in the relevant case
of PensioenTijd will be paid, including the excess to be borne by PensioenTijd. At
request, further information on the
professional liability insurance provided.
9.2
In the event that PensioenTijd's professional liability insurance referred to in Article 9.1
does not provide coverage in a specific case, the liability of PensioenTijd as well as
of its directors, its employees and the persons employed by PensioenTijd in the performance of the
persons engaged for the assignment, limited to a maximum of the total of the
order underlying the damage that has arisen, charged to the Customer
fee charged. If PensioenTijd does not charge a fee for its services in
charged, the liability of PensioenTijd and its is limited to the
premium charged by the Provider to Principal.
9.3
The execution of the assignment provided is done exclusively for the benefit of
Client. Third parties may attach to the content of the work performed for
Client shall not derive any rights.
9.4
PensioenTijd is never liable for damage caused by the Client or third parties.
be suffered as a result of incorrect, incomplete or untimely information provided by the Principal
information provided
9.5
PensioenTijd shall never be liable for any damage whatsoever resulting from errors in
the software or other computer software used by PensioenTijd.
9.6
PensioenTijd shall never be liable for any damage whatsoever arising from the
circumstance that (email) messages sent by the Client to PensioenTijd are
PensioenTijd have not reached.
9.7
PensioenTijd shall never be liable for any damage whatsoever arising from the
circumstance that the Principal is charging the premiums and/or interest charged to it
for financial products taken out by him, after mediation by PensioenTijd, not timely
fulfilled.
9.8
In the event PensioenTijd advises on or mediates in the closing of financial
products that include an investment and/or investment component, provides
PensioenTijd a forecast with regard to the possible achievable results of the
relevant product. This constitutes an indication only. PensioenTijd is never liable
for damage on the part of the Customer or third parties, resulting directly or indirectly from a
(disappointing) value development of financial products and/or (the disappointment of)
result, return, profitability etc. of financial products. Furthermore, PensioenTijd is not
liable for damages suffered as a result of errors or inaccuracies in of
third parties, including any offeror, concerning a forecast to be achieved.
results, returns, profitability, etc.
9.9
The provisions of this shall not affect the liability of PensioenTijd for damage which
caused by intent or deliberate recklessness of its subordinates.
9.10
The Client shall only be entitled to rescind any agreement with PensioenTijd
if Pensioentijd, even after proper notice of default, remains imputably in default to
meet its obligation to Principal. Payment obligations which are
arising before the time of dissolution and/or which relate to goods already delivered
services, must be fulfilled by Client without prejudice.
10.
Force majeure
10.1
PensioenTijd is not obliged to fulfil any obligation if this would cause
PensioenTijd is not reasonably possible as a result of beyond the control of PensioenTijd
changes in circumstances existing at the time the obligations were entered into.
10.2
A failure to perform an obligation of PensioenTijd shall in any case apply
not as imputable and shall not be at its risk in case of default and/or shortcoming
by or at its suppliers, subcontractors, carriers and/or other engaged
third parties, in case of fire, strike or lockout, riots or insurrection, war, government measures,
including export, import or transit bans, frost and all circumstances of
be such that bonding can no longer be required of PensioenTijd.
11.
Personal data protection and confidentiality
11.1
Personal data provided by the Client to PensioenTijd will be used by PensioenTijd
not be used or provided to third parties for any purpose other than for the purposes of the
performance of the assignment given to it or to be given by it to the Client.
send mailings etc., except to the extent that PensioenTijd under the Act on the
public order in the course of its business is obliged to provide the relevant
data to a designated body.
11.2
If Client objects to the inclusion of its personal data in any
mailing list etc. of PensioenTijd, PensioenTijd will provide the relevant data on first
written request of the Client from the relevant file.
11.3
Each party is obliged to maintain the confidentiality of all confidential information, which it receives in the
obtained under their agreement from each other or from any other source. Information
is confidential if communicated by the other party or if it arises from the
nature of the information.
12.
Applicable law and disputes
12.1
Dutch law applies to all agreements between PensioenTijd and the Client.
application.
12.2
PensioenTijd is a member of the Financial Services Complaints Institute (KIFID) under
number 300.018335. A dispute arising from quotations, offers and agreements
to which these terms and conditions apply may, at the discretion of the Principal
be submitted for a binding opinion to either the Disputes Committee Financial
Services, or the civil court.
12.3
PensioenTijd conforms in advance to any decision made by the Financial Disputes Committee.
Services to give a binding opinion, insofar as the importance of the dispute submitted
does not exceed an amount of €25,000 (in words twenty-five thousand euros).
If the dispute in question exceeds said pecuniary interest, PensioenTijd has the
possibility of not cooperating with a binding opinion.