Terms and Conditions of the service
These are the terms and conditions of Dutchify B.V., a limited liability company incorporated under the laws of the Netherlands, having its registered address at Koninginnegracht 10, 2514 AA, Den Haag, the Netherlands, and registered with the Chamber of Commerce under number: 71255036 (‘Dutchify’).
If you have any questions, you can contact us via firstname.lastname@example.org, +31850478040 or by mail: Koninginnegracht 10, 2514 AA The Hague
Dutchify reserves the right to change these terms and conditions. You agree that the most recent version of these terms and conditions apply. Parties may deviate from these terms and conditions in writing.
Article 1 – General
- These terms and conditions apply to every offer, proposal, and assignment between Dutchify and you (‘Client’). On request, Dutchify shall send these terms and conditions to you, free of charge. They are also available on www.dutchify.net/terms-and-conditions/ Hereinafter we will refer to these terms and conditions as ‘T&C’.
- Dutchify offers Clients different service packages focused on housing, career and full relocation (Professional, Premium and Family for example), each with their own service elements and diverse costs included.
Article 2 – Proposals and offers
- All offers made by Dutchify, online or in any other way, are subject to the written confirmation by Dutchify, unless Dutchify has explicitly indicated otherwise in writing.
- All offers and proposals from Dutchify are non-binding until the moment of signing unless agreed otherwise in writing. An offer or proposal only applies to the assignment specified therein (and not to possible future assignments)
- If the Client provides Dutchify with certain information, Dutchify may assume that the provided information is correct and will base the proposal on that information.
- Obvious errors and mistakes (including misprints) are not binding. All special offers and promotions are marked as such, and if they are not labeled as such, the Client cannot derive any rights in the event of obvious errors or mistakes.
- All price lists, statements of cost, brochures and other data relating to Dutchify’s products and services that are provided by Dutchify are indicative and subject to change without written prior notice, no rights can be derived from them.
- Any additional services provided by Dutchify or it’s agents, outside of the signed proposal, are offered as extra service. No rights can be derived from them without prior written agreement
Article 3 – Establishment of the Agreement and duration
- The agreement consists exclusively of the agreed offer and these terms and conditions (‘the Agreement’), unless Parties have explicitly agreed otherwise in writing. The Agreement commences the moment Client agrees with Dutchify’s offer.
- The applicability of any general or standard conditions of Client will not be accepted by Dutchify and are explicitly rejected.
- Client and Dutchify enter into the contract for an indefinite period unless agreed otherwise.
- Any deadline for an assignment and the number of objects for viewing is subject to market conditions. No rights can be derived from them without prior written agreement.
Article 4 – Pricing
- An offered price on an apartment or house does not include expenses for Dutchify.
- Typical expenses for Dutchify consist of assignment fees, pro forma rent and deposit and partner fees if applicable.
- Dutchify can raise the price in the interim in the case of unforeseen and cost price increasing circumstances if these circumstances occur after the establishment of the Agreement.
Article 5 – Payment and Collection Charges
- Client agrees to be invoiced in accordance with the payment method of choice described below and to pay in full within the period stated on the relevant invoice(s), either by:5.1.1. receiving one invoice for the full amount of the Agreement, and pro forma rent and deposit if applicable, as a prepayment upon agreement (‘Payment Type 1’) Client will get priority over payment type 2 & 3; or
5.1.2. receiving one invoice, for half of the amount of the Agreement, which counts as a prepayment upon agreement, the remainder as a prepayment upon Client making an offer on real estate
property or a prepayment upon an inspection of real estate property to be carried out by Client or Dutchify (‘Payment Type 2’); or
5.1.3. receiving multiple invoices, with a minimum prepayment upon agreement of 1/3 of the fee, which counts as small non-refundable payments of the services completed (‘Payment Type 3’).
- Dutchify is always entitled to the full-service fee for the assignment. Client will always be invoiced (the remainder of) the amount of the Agreement regardless of the payment type
- The client must pay within the payment term being fourteen (14) days after the invoice date, which is a mandatory time limit (fatale termijn).
- Dutchify accepts most major payment methods and could offer SEPA one time direct debit or payment by credit card (if applicable). Credit card transaction costs or any other card authorization Fees shall be at the expense of Client.The payment methods can be made available for B2B partners and by specifically requesting this in writing.
- Client agrees that Dutchify can only successfully guarantee the check-in of any house or apartment with the timely payment of rent and deposit.
- Client will receive a pro forma invoice of rent & deposit with payment type 2 and 3, to be paid at least 7 working days before check-in, or in the event of a shorter time span until check-in paid immediately.
- Pro forma rent & deposit will be held by Dutchify until assignment deadline, after which this amount is recoverable in full by the client.
- Dutchify has the right to stop any assignment without prior written statement if the Client has not paid rent & deposit on time.
- Dutchify will issue a final reminder to Client to pay pro forma rent & deposit within 10 days if the client fails to complete the transfer before the final date on the invoice.
- Any outstanding amounts by Client are immediately due and payable in the following cases:
- Client fails to pay within the payment term;
- Client requests bankruptcy is declared bankrupt, applied for a suspension of payment or any other insolvency procedure;
- Client (B2B) is dissolved or liquidated;
- Client (private individual) is placed under guardianship or deceased.
- Client (private individual) finds another real estate property without informing Dutchify within 48 hours after Client found that real estate property.
- If (an) invoice(s) from Dutchify to Client is due and payable, Client will automatically be in default (verzuim), without a notice of default (ingebrekestelling) being required. In case of default, Dutchify shall be entitled to charge interest at the statutory rate over the outstanding amount including VAT. The outstanding amount for Dutchify may include rent and deposit if the client refuses to comply article 5.1 to 5.8 specifically. The interest on the payable amount is calculated from the moment that the payment is due, until the moment that the payable amount has been paid by Client in full. Furthermore, Dutchify will then be entitled to the claim from the Client all extrajudicial costs. In case of an invoice amount up to € 267, these costs will be € 40. In case of a higher invoice amount, the maximum collection fees that Dutchify is entitled to charge is calculated as follows:
- 15% on the first € 2.500;
- 10% on the part that remains thereafter, up to € 5.000;
- 5% on the part that remains thereafter, up to € 10.000;
- 1% on the part that remains thereafter, to € 200.000;
- 5% of the remaining part.
- The client is under no circumstances entitled to suspension, reduction or set-off of his obligations under this Agreement.
Article 6 – Execution time
- Dutchify strives to plan viewings of real estate property within a term of two working weeks. This term shall not commence until Client has, if applicable pursuant to article 5 of these T&C, paid the amount invoiced to him upon Agreement and the information or material, necessary for its services,
is received by Dutchify from Client and/or third parties.
- Dutchify strives to execute an offer on real estate property within a term of two working weeks. This term shall not commence until Client has paid all monies due if applicable pursuant to article 5 T&C, and inspection results are received by Dutchify and the information or material, necessary for
its services are received by Dutchify from Client and/or third parties.
- Dutchify strives to complete its services within two working weeks after information or material, necessary for its services, is received by Dutchify from Client and/or third parties.
- A term for execution by Dutchify shall never be considered a deadline due to market conditions, except when explicitly agreed upon in writing by both Parties.
Article 7 – Execution of the agreement
- Dutchify shall execute the Agreement at the best of its knowledge and abilities and according to the requirements of professional practice. This qualifies as a best effort obligation of Dutchify.
- Dutchify may execute the tasks and assignments given by Client in different phases and may send separate invoices on the different phases as described in articles 5 and 6 T&C.
- Dutchify will perform the assignment in phases, Dutchify reserves the right to suspend any activities on the next phase until Client approved the execution of the last phase in writing and the subsequent payment is made as per to article 5 T&C, made by the client.
- Client shall timely provide Dutchify with all information or material, required for the execution of the assignment.
- If Client does not provide the material or information in time, Dutchify reserves the right to suspend the execution of the assignment and charge any additional costs, coming from the delay. Dutchify is not liable for any damages, resulting from incorrect or incomplete information, provided by Client.
- Dutchify may involve any natural person or legal entity that is not Dutchify or Client (Third Party) to (partially) perform the activities. The following articles of the Dutch Civil Code (Burgerlijk Wetboek) do not apply: 7:404 (execution by a certain person), 7:407 sub 2 (joint and several liability) and 7:409 (death of a certain person).
Article 8 – Retention of title (eigendomsvoorbehoud)
- Everything supplied by Dutchify shall remain the property of Dutchify until Client has fully fulfilled all its obligations.
- The Client must do everything he can reasonably do to secure the properties of Dutchify.
- If Dutchify wishes to exercise its property rights, Client hereby gives unconditional and irrevocable consent to Dutchify to enter all places where the properties are located, so that Dutchify can take them back.
Article 9 – Changes of the assignment
- If it proves to be necessary to change the assignment during the activities in order to guarantee decent execution of the Agreement, any extra costs incurred by Dutchify will be subtracted in time or monies from the client’s original agreement.
- If Parties agree on altering the assignment the execution time that Dutchify strives to meet may change be postponed or cancelled as a result of any change of the assignment. Client agrees on the possibility to change the assignment, the pricing and the execution time.
- Dutchify may refuse a request, made by Client, to change the Agreement if changing the Agreement could affect the quality or quantity of the services provided by Dutchify.
Article 10 – Termination, damages, and compliance
- In any case, if one or more of the following situations occur
- Full and/or timely payment by Client of one or more invoices from Dutchify does not take place within the payment term
- Client fails to comply with or is in breach of any obligation under the Agreement or (inter)national laws.
- Suspension of payment or bankruptcy of Client is requested/declared or Client becomes subject to any other insolvency procedure;
- Possessions of Client and/or the products and services delivered to Client are attached in execution;
- It is decided that Client ceases, dissolves or liquidates its company;
- The occurrence of circumstances in which the Client can no longer freely dispose of his capital.Dutchify will be (not limited) entitled to extra-judicial dissolution (buitengerechtelijke ontbinding) and/or claiming damages and/or compliance, without being obliged to pay Client any compensation, and – besides any due payments – to demand immediate payment of the entire and total amount owed by Client to Dutchify.
All costs made by Dutchify to exercise its rights pursuant to the Agreement, including legal fees, shall be at the expense of the Client.
Article 11 – Complaints
- Client shall notify Dutchify in writing of any complaints within one month after Client discovered any shortcoming or fault or should reasonably have discovered the shortcoming or fault.
- A timely notified complaint does not suspend or cancel any payment obligation from Client.
- If Client does not notify Dutchify timely, Client is not entitled to any recovery, replacement or compensation
- If it is established that the complaint is justified and the notification by Client thereon was timely delivered, Dutchify shall (at its own discretion) recover, replace or compensate it’s work within a reasonable term after notification of the shortcoming or fault, in writing from Client.
- If it is established that a complaint is not justified, the Client shall compensate Dutchify for made expenses.
Article 12 – Liability
- The contractual and non-contractual liability of Dutchify, which liability only exists in the event of direct damages and costs caused by default regarding the Agreement, shall never exceed the amount paid by its insurer.
- If Dutchify’s professional liability insurer does not cover the damages, Dutchify’s liability is limited to an amount of € 500, unless the (total) amount paid by Client based on the Agreement does not exceed € 500. If so, Dutchify’s liability is limited to the total amount paid by Client based on the Agreement.
- Dutchify is under no circumstances liable for (not limitative):
- Any indirect damages caused by default (non-performance) regarding the Agreement;
- Any damages resulting from Dutchify relying on incorrect or incomplete information provided by Client, including if Client changes his requirements based on which Dutchify is performing the Agreement;
- Any damages resulting from Dutchify relying on incorrect or incomplete information provided by third parties;
- Any damages resulting from information published on platforms and outlets, both on- or offline, regardless whether these platforms are being hosted by Dutchify.
- Any damages resulting from Client’s engagement to a Third Party, regardless whether this Third Party was engaged at the initiative of Dutchify on behalf of Client or Client itself
- The limitations set out in this article do not apply if the damages are the result of intent or wilful recklessness by Dutchify.
- The limitation period on all claims and defenses against Dutchify is one year.
Article 13 – Indemnification
- Client indemnifies Dutchify against any claims by any third party who suffers damages, including but not limited to any party that offers real estate property, resulting from the execution of the Agreement but cannot be attributed to Dutchify.
- If third parties address Dutchify to be liable for damages resulting from the execution of the Agreement, Client shall support Dutchify both judicial and extrajudicial and Client shall do what may be expected.
- If Client does not provide the support described in paragraph 14.2 T&C, Dutchify may take the actions it deems required. All expenses and damages made by Dutchify in this respect shall be borne by Client.
Article 14 – Force Majeure
- Any failures or shortcomings of Dutchify regarding the performance of the Agreement constitute force majeure and are not attributable to Dutchify if the failures or shortcomings arise through a circumstance that is not Dutchify’s fault and/or beyond Dutchify’s control. Such failures or shortcomings are not for Dutchify’s expense pursuant to the law, the Agreement, or generally accepted standards, even if they arise through circumstances that could be foreseen at the time of concluding the Agreement.
- All obligations Dutchify may have been suspended while force majeure persists.
- In any case, force majeure includes: Dutchify not receiving timely and proper delivery of an important performance of a Third Party in connection with its own deliverable performance; strikes; market function such as increased rent prices or decreased availability of real estate; traffic disruption; an action by any party that offers real estate property that Dutchify does not control; government measures that obstruct Dutchify in meeting its obligations in a timely or sound manner; a general shortage of necessary materials and other goods or services required for achieving the agreed performance, changes in Client’s requirements that Dutchify has based its search criteria for real estate property on and excessive absence through illness.
- If performance is delayed because of force majeure for longer than three months, either party, under exclusion of other rights, is authorized to dissolve the contract in accordance with the law, without Dutchify being liable to Client or third parties for any damages.
- Dutchify is also entitled to invoke force majeure if the circumstance that obstructs (continued) performance occurs after Dutchify should have met its obligation.
Article 15 – Non-disclosure & intellectual properties
- Client shall not disclose the contents of agreements, confirmations, offers, reports, advice or other expressions from Dutchify to any third party, whether they are in writing or not.
- By uploading photos/images (for instance in addition to a review) onto the (mobile) website and app on which our services are made available an which are owned, controlled, managed, maintained, and/or hosted directly by Dutchify (‘Platform’) Client(s) certify, warrant and agree that Client(s) own the copyright to the photos/images and that client(s) agree that Dutchify may use the uploaded photos/images on its Platform, and in (online/offline) promotional materials and publications and as Dutchify at its discretion sees fit. You are granting Dutchify a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Dutchify at its discretion sees fit.
- By uploading these photos/images Client(s) uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties due to Dutchify publishing and using these photos/images. Dutchify does not own or endorse the photos/images that are uploaded.
- The truthfulness, validity, and right to use all photos/images is assumed by Client(s) who uploaded the photo and is not the responsibility of Dutchify. Dutchify disclaims all responsibility and liability for the pictures posted. Client(s) who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted by Client and/or can be removed/deleted by Dutchify at any time and without prior notice.
Article 16 – Miscellaneous
- If any part of these terms and conditions is void or voidable, this does not alter the validity of the remainder of these T&C. The invalid or unenforceable part shall be replaced by a provision that most closely follows the content of the invalid provision.
- If any of the provisions from these terms and conditions are in conflict with a provision from the Agreement, the provisions of the Agreement prevail
- The Agreement is exclusively governed by the laws of the Netherland
- Parties hereby consent to the exclusive jurisdiction of the Dutch Civil Court of the Hague, to the extent law permits.