Terms & Conditions
General delivery and payment conditions apply to the legal relationship between client and Practical Life B.V.
Article 1. General
- This General Conditions are by application on all operations by the Contractor (Practical Life BV), unless expressly deviated from in writing.
- In these conditions the following definitions apply: concepts:
- the Contractor: the natural person or legal entity that carries out the activities referred to in Article 2 executes;
- the client: the natural person or legal entity that requests the assistance of the Contractor;
- The assignment means the work to be determined by mutual agreement between the client and the Contractor that must be carried out by the Contractor and the conditions under which this must be done.
Article 2. Applicability
- These General Terms and Conditions apply to all (draft) quotations, advice and/or offers from the Contractor as well as to every Agreement, however named, with Practical Life BV.
- All provisions in these General Terms and Conditions have been made for the benefit of shareholders, (former) directors, (former) partners and (former) employees of the Contractor, as well as all those who work directly or indirectly for the Contractor, or third parties employed by the Contractor. are enabled. These General Terms and Conditions can therefore be invoked against the Client by shareholders, (former) directors, (former) partners and (former) employees of the Contractor, and by third parties engaged by the Contractor.
- The applicability of any general terms and conditions used by the Client is hereby expressly rejected by the Contractor, unless their applicability has been expressly accepted in writing by the Contractor.
Article 3. Establishment of Agreement
- Quotations and offers from the Contractor, in whatever form, as well as the terms and rates stated therein by the Contractor are without obligation, unless the Contractor states in writing to the contrary.
- Agreements as well as changes and additions thereto will only be concluded if and insofar as they have been accepted or confirmed in writing by the Contractor, or after the Contractor has started implementation.
- If due to circumstances, including the nature, size or urgency of the assignment, no order confirmation has been sent by the Contractor, the Contractor’s invoice must be regarded as an order confirmation.
Article 4. Provision of information by the Client
- The Contractor is only obliged to (further) perform the Agreement if the Client has provided all data and information required by the Contractor, in the form and manner desired by the Contractor, and the Client has provided sufficient cooperation. The necessary work that arises because the Contractor has not received the requested data and/or information, has not received it in a timely manner or has not received it properly, or arises as a result of insufficient cooperation from the Client, will count as additional work and the costs thereof will be borne by the Client.
- The Client is obliged to immediately inform the Contractor (unsolicited) about all relevant data, developments and information, or, if necessary, to provide this relevant data and information to the Contractor, regarding the facts and circumstances relating to the execution of the Agreement. could be important.
- The Client guarantees the accuracy, completeness and reliability of the data or information provided to the Contractor by or on behalf of the Client, even if these have been provided by third parties.
- The Contractor is entitled to suspend any obligation to comply with the Agreement if the Client, or a third party on its behalf, has not provided the necessary data and information to the Contractor in a timely manner after a request for this and/or the information provided by or on behalf of the Client. information is not correct or complete.
- If the work is intended to achieve a specific (financial) end result, the Contractor is always obliged to make every effort to achieve that (financial) end result. Any obligation to have a result obligation is excluded. With the understanding that past (price) results do not guarantee future results.
Article 5. Content and implementation of the Agreement
- The Contractor determines the manner in which, the means by which and by which person or persons the Agreement will be executed, but will take into account the wishes expressed by the Client as much as possible.
- The Contractor will execute the Agreement to the best of its ability and as a careful professional. However, the Contractor cannot guarantee the achievement of any intended result. The Contractor in no way guarantees the realization of a specific result. The obligation resting on the Contractor is therefore an obligation of best efforts.
- In the event that the Client sends a request and/or request to the Contractor digitally or electronically and the Client does not receive confirmation of receipt within 48 hours after sending that message
- received from the Contractor, the message from the Client must be regarded as not received. In that case, the Client is obliged to verify that the relevant request and/or request has reached the Contractor.
- Information provided by the Contractor electronically and/or digitally, whether on the internet or otherwise, is without obligation and cannot be regarded as advice provided, unless explicitly stated otherwise.
- Delivery periods mean the period specified in the Agreement within which the Contractor will deliver (part of) its Services. The stated delivery times are only approximate and are only indicative, unless expressly agreed otherwise in writing. Delivery times will only commence once the Agreement has been concluded in accordance with Article 3 and all information required for the execution has been received by the Contractor from the Client.
- The Contractor is not responsible for monitoring deadlines in agreements to which the Client is a party, but the Contractor is not a contracting party, unless the parties have agreed otherwise in writing.
- The quotations and offers made by financial institutions and submitted by the Contractor to the Client are, unless expressly agreed otherwise in writing, without obligation and subject to acceptance by the financial institution concerned.
- The Client cannot derive any rights from calculations made by the Contractor on behalf of the Client. These calculations may relate, among other things, to the costs of a financial product, their impact on the Client’s monthly costs, any tax consequences as well as the consequences of the occurrence of circumstances such as disability or death. All these calculations are provisional, indicative, depending on the data and information provided at the time and may change in the meantime as a result of, among other things, changes in interest rates and/or premiums.
- Advice provided by the Contractor is snapshot and therefore subject to change.
Article 6. Fees and Payments
- When concluding the Agreement, the parties make agreements about the compensation or remuneration that the Contractor will receive for executing the Agreement. The Client owes this compensation or reward to the Contractor. This compensation may consist of the following components, a combination of these is also possible:
- A percentage based on assets under management (AUM).
- A percentage based on the deposited funds (initial fee).
- A fixed price for the Agreement
- A fixed amount per month
- An hourly rate to be charged
- And compensation on a commission basis
- If and insofar as the compensation for the Contractor’s work is calculated on a provisional basis, the amount due on this basis will, if possible, be offset against an amount to be received by the Client from any third party or this amount will be discounted in the amount paid to any third party by the Client. premium to be paid and/or included in the invoice that the Client receives.
- If the Contractor provides services at the request or with the prior consent of the Client that fall outside the content or scope of the Agreement, these services will count as additional work. For additional work, the Contractor will charge the Client a fee based on an hourly rate.
- The Contractor’s administration serves as the basis for the calculation of the amounts owed by the Client for the work performed by the Contractor, unless there is evidence of inaccuracy in the administration.
- All rates and rewards stated by the Contractor are fixed, are denominated in Euro and include VAT and exclude travel costs, unless expressly stated otherwise.
- The Contractor reserves the right to increase its rates and rewards annually in accordance with the price index figure 6920A2
- Incorrect price statements and other errors such as calculation and typographical errors in prices on the Contractor’s website, in advertising, in offers, quotations, order confirmations, on invoices and or other documents from the Contractor do not bind the Contractor.
- The rates and rewards are calculated based on the performance of the Services at the Contractor’s office.
- Changes in fees as a result of taxes and/or levies imposed by the government will be passed on to the Client.
- If an increase in one or more cost-determining factors occurs after the conclusion of the Agreement, even if this occurs as a result of foreseeable circumstances, the Contractor is entitled to pass on this increase to the Client.
- If the application of the previous paragraph should lead to a price increase of 10% or more, the Client is entitled to terminate the Agreement by registered letter and within 8 days after receiving notice of the price increase has been notified. A dissolution as mentioned above does not entitle the Client to compensation for any damage.
- Payments by the Client must be made within 14 days of the invoice date in the manner specified by the Contractor. The Client is aware that failure to pay amounts charged to him (in full) or on time may result in the obligations arising from the Agreement not being fulfilled and that the Client may, after mediation by the Contractor, insurance policies and/or provisions taken out do not provide cover for the insured risk.
- The Client may authorize the Contractor to collect amounts due by direct debit, either directly or indirectly from the Client’s investment account.
- With regard to the service agreement, all collections will take place monthly. If a direct debit cannot be carried out for any reason or if the Client has had the direct debit reversed, the direct debit will be carried out again. This is seen as a payment reminder. If, after the second collection attempt, it appears that the full amount cannot be collected, the Contractor is entitled to suspend its obligations to the Client.
- If full payment has not been made within the payment period of 14 days after the invoice date, the Client is legally in default, in which case all payment obligations of the Client towards the Contractor become immediately due and payable and from which point the Client owes statutory (commercial) interest on the principal amount due. without any notice of default being required.
- If, after the default has occurred, the Client has been unsuccessfully urged to pay within a period of fourteen days, stating the consequences of the failure to pay, the Consumer will owe the Contractor compensation for the reasonable costs incurred in obtaining payment out of court. for which the Consumer must provide adequate security at the Contractor’s first request. This compensation amounts to:
- 15% of the amount of the principal amount of the claim on the first EUR 2,500 of the claim;
- 10% of the amount of the principal amount of the claim over the next EUR 2,500 of the claim;
- 5% of the amount of the principal amount of the claim on the first EUR 5,000 of the claim; and
- 1% of the amount of the principal amount of the claim on the first EUR 190,000 of the claim.
The compensation for the reasonable costs of obtaining payment out of court is at least EUR 15 and will be increased by turnover tax if the Contractor uses a service from a third party to obtain payment out of court, such as a bailiff or lawyer, the Contractor is liable for turnover tax. due and the Contractor cannot offset the sales tax charged.
- If, after the default has occurred, the Client has been unsuccessfully urged to pay within a period of seven days, stating the consequences of the failure to pay, the Business Client will owe the Contractor compensation for the costs of obtaining payment out of court. for which the Business Client must provide adequate security at the Contractor’s first request. This compensation amounts to 15% of the principal amount of the claim with a minimum of EUR 15.
- All reasonable costs actually incurred by the Contractor in connection with legal proceedings against the Client will be borne by the Client, even insofar as these costs exceed the judicial costs order, unless the Contractor is ordered to pay the costs as the losing party.
- A payment by or on behalf of the Client that is received by the Contractor after the due date will always be deemed to have been made first in settlement of the statutory (commercial) interest, extrajudicial costs and judicial costs owed by the Client and then in order of age of the outstanding claim(s), regardless of instructions to the contrary from the Client.
- If one or more invoices are not paid on time by the Client, the Contractor may suspend its work, provided that the Client is informed in writing in advance.
- The Client can only object to the Contractor’s invoice within 7 days of the invoice date. The Client is then deemed to agree to that invoice.
- The Client is not entitled to suspend payment of what it owes to the Contractor. Furthermore, the Business Client is not entitled to offset payment of what he owes to the Contractor against any claim against the Contractor.
- The Contractor reserves the right – before or during the execution of the Agreement – to require full or partial advance payment and/or the provision of security from the Client, failing which the Contractor is entitled to suspend the fulfillment of its obligations.
Article 7. Collaboration with third parties
- The Contractor may engage third parties on behalf of and at the expense and risk of the Client in the performance of the Agreement, if and insofar as the Contractor deems this necessary given the nature of the Agreement. The Contractor will exercise due care in this regard.
- Engagement of a third party by the Contractor on behalf of the Client will only take place after instructions from the Client. By giving the Contractor an assignment, the Client grants the Contractor the authority, if a third party wishes to limit its liability, to accept that limitation of liability on behalf of the Client. wishes to accept that limitation of liability on behalf of the Client. The costs associated with engaging third parties will be charged to the Client by third parties directly or via the Contractor.
- The Contractor accepts no liability for the work performed by third parties, including the experts referred to in Article 7a.
Article 8. Advertisements
- The Client is obliged to investigate upon delivery whether the Contractor’s Services comply with the Agreement.
- Complaints regarding the Services provided must be submitted to the Contractor in writing as soon as possible, but no later than thirty days after discovery of the defect, or at least within thirty days after the defect should reasonably have been discovered. The Contractor will handle such a complaint using its applicable internal complaints procedure.
- If complaints are not made timely in writing, the Client is deemed to agree with the Services provided and to have waived all rights and powers available to him under the law and/or the Agreement and these General Terms and Conditions.
- A complaint as referred to in Article 8.b does not suspend the Client’s payment obligation, except insofar as the Contractor has informed the Client in writing that it considers the complaint to be well-founded.
Article 9. Limitation of Liability
- The Contractor is in all cases exclusively liable to the Client for an attributable shortcoming in the performance of the Agreement, insofar as the attributable shortcoming consists of failure to observe the care and expertise that may be relied upon in the performance of the Agreement.
- Any liability of the Contractor, its directors, its partners and its employees when issuing quotations and/or offers, whether or not in concept, as well as when executing an Agreement, is limited to the amount covered by the professional liability insurance of the Contractor in the relevant case. The contractor will be paid, plus the amount of the deductible that is not borne by insurers according to the policy conditions.
- If, for whatever reason, no insurance payment is made under the professional liability insurance, the Contractor’s liability is limited to a maximum of the invoice value of the relevant Agreement, but with a maximum of € 5,000.00 in total. The execution of the Agreement by the Contractor takes place solely for the benefit of the Client. No rights can be derived from the work performed by third parties.
- The Contractor is only liable to the Business Client for damage that is the direct result of intent or gross negligence on the part of the Contractor.
- If damage occurs in connection with the execution of an Agreement concluded with the Client, the Contractor is not liable for this
- damage suffered by the Client or third parties that is the result of the provision of incorrect, incomplete or untimely data or information by or on behalf of the Client to the Contractor or is otherwise the result of an act or omission by the Client;
- damage suffered by the Client or third parties as a result of electronic and/or digital messages that did not reach the Contractor;
- damage suffered by the Client or third parties as a result of errors in software and/or other computer programs used by the Contractor;
- damage suffered by the Client or third parties as a result of the Client not complying, not complying on time or not fully complying with obligations imposed on him by financial institutions other than the Contractor, expressly including but not limited to the payment of interest and premiums;
- damage suffered by the Client or third parties as a result of results achieved on investments in connection with a product taken out by the Client;
- damage suffered by the Client or third parties as a result of an act or omission by third parties, even if they have been engaged by the Contractor;
- indirect or consequential damage suffered by the Client or third parties;
- damage suffered by the Client or third parties as a result of a mandatory government act;
- damage suffered by the Client or third parties as a result of Services not charged or not charged separately;
- damage suffered by the Client or third parties as a result of the use of Services contrary to the advice given by the Contractor.
- The Client is obliged to take all reasonable measures to prevent or limit the damage referred to in this article.
- The right to compensation on account of the Contractor’s liability for defects in Services provided will lapse one year after the time of delivery of the Services.
- The limitations of liability stated in this article do not affect mandatory liability or recourse rights in connection with (Consumer) claims.
- Recovery by aforementioned shortcomings as well as In such a case, limitation of any damage suffered will be at the expense of the client occur.
Article 10. Termination by the Client
- The Contractor is not liable for delays in the fulfillment of its obligations, non-delivery of its Services or incorrect delivery of its Services as a direct or indirect result of force majeure.
- Any obligation of the Contractor to comply with the Agreement is suspended for the period that compliance is not or not properly possible as a result of force majeure.
- Force majeure includes any circumstance beyond the control and/or fault of the Contractor as a result of which the Agreement cannot be fulfilled, cannot be fulfilled on time or properly and this cannot reasonably be expected of the Contractor. Force majeure includes, but is not limited to, the case of fire, illness of partners and employees, strikes, riots and war, unavailability of permits (on time), (long-term) failure of computer software, as well as in the event of a shortcoming or unlawful conduct of supplier(s).
- If performance has been suspended for more than three months due to a situation as referred to in Article 10.c or as soon as it is certain that it will last at least three months, the Contractor is entitled to demand by registered letter that the Agreement be either adapted to the circumstances or is dissolved with immediate effect for the relevant part, without being obliged to pay any compensation.
Article 11. Duration and termination of Agreement
- An Agreement is entered into for an indefinite period, unless it follows from the nature or scope of the agreed assignment that the Agreement has been entered into for a fixed period and ends by operation of law after completion of the assignment.
- A Service Agreement is entered into for an indefinite period and can be canceled by the Client or Contractor subject to a notice period of one month. Cancellation by a Business Client must be done in writing.
- The Client and the Contractor are entitled to terminate the Agreement in writing with immediate effect if the other party attributably fails to fulfill his/her obligations under the Agreement, and such failure has not been remedied within seven days after the date on which the written notice of default was sent. , without prejudice to the right, in accordance with the provisions of these General Terms and Conditions, to full compensation or compliance.
- The Contractor is entitled to terminate the Agreement with immediate effect in the event of bankruptcy of the Client; admission to the statutory debt restructuring of the Consumer; or (provisional) suspension of payments, a private agreement with creditors or liquidation or discontinuation of the business of the Business Client.
- The Client is obliged to fulfill payment obligations that arose before the time the Agreement was terminated and/or that relate to work already performed by the Contractor, unless otherwise agreed in writing.
- The Contractor is entitled to terminate the Agreement with immediate effect in the event of bankruptcy of the Client; application of statutory debt restructuring or placement under guardianship or death of the Consumer; or suspension of payments, shutdown or liquidation or dissolution of the business of the Business Client, without any obligation to pay compensation.
- After the end of the Agreement, these General Terms and Conditions will remain in force, to the extent that they arise from the context.
Article 12. Secrecy and privacy
- The Contractor will treat the data and information provided by or on behalf of the Client in accordance with the provisions of the Personal Data Protection Act.
- The Contractor and the Client undertake to each other to keep confidential all information that is or will become known to them under the Agreement concluded with each other and of which it is known or could reasonably be known that this information is confidential.
- All personal data provided by or on behalf of the Client to the Contractor will not be used by the Contractor or provided to third parties for purposes other than for the execution of the Agreement or informative letters, etc., to be sent to the Client. after permission from the Client.
- If the Client objects to the inclusion of his personal data in any mailing list, etc. of the Contractor, the Contractor will remove the relevant data from the relevant file upon the Client’s first written request.
- The obligations stated in Articles 12.2 and 12.3 do not apply to information and data that are of a public nature, other than through the actions of
- Client or Contractor (directly or indirectly) or for information and data released pursuant to a legal obligation or a final court decision.
- If the Contractor acts on its own behalf in (legal) proceedings, the Contractor is entitled to use the data and information provided by or on behalf of the Client, as well as other data and information of which it has become aware during the execution of the Agreement, insofar as this is reasonable in its opinion. judgment may be important.
- Without the express prior consent of the Contractor, the Client is not permitted to publish or otherwise make available to third parties the content of advice, opinions or other written or non-written expressions of the Contractor, except insofar as this arises or occurs directly from the Agreement. to obtain an expert opinion regarding the Contractor’s Services.
- Client or Contractor (directly or indirectly) or for information and data released pursuant to a legal obligation or a final court decision.
- If the Contractor acts on its own behalf in (legal) proceedings, the Contractor is entitled to use the data and information provided by or on behalf of the Client, as well as other data and information of which it has become aware during the execution of the Agreement, insofar as this is reasonable in its opinion. judgment may be important.
- Without the express prior consent of the Contractor, the Client is not permitted to publish or otherwise make available to third parties the content of advice, opinions or other written or non-written expressions of the Contractor, except insofar as this arises or occurs directly from the Agreement. to obtain an expert opinion regarding the Contractor’s Services.
Article 13. Intellectual property rights
- Client and Contractor come expressly agree d All intellectual property rights to all quotations, offers, analyses, (calculation) models, advice, methods, reports, (model) contracts and other documents developed or made available under the Agreement rest exclusively with the Contractor or its licensors.
- The Client only obtains the user rights and powers that have been expressly granted to him in the Agreement or in these General Terms and Conditions or otherwise.
Article 14. Governing Law and Dispute Resolution
- Dutch law applies to these General Terms and Conditions and to every quotation and/or offer made by the Contractor to the Client, as well as to every Agreement concluded between the Contractor and the Client.
- All disputes arising from or related to a quotation, offer, these General Terms and Conditions and/or the Agreement between the Contractor and the Client will be settled by the competent court in the Amsterdam district.
Article 15. Final provisions
- Changes and/or additions to these General Terms and Conditions are only legally valid if and insofar as they have been agreed in writing between the Contractor and the Client.
- If any clause of these General Terms and Conditions is void or otherwise unenforceable, this will not affect the validity of the other provisions in these General Terms and Conditions and the Agreement between the Contractor and the Client and the Contractor and the Client will enter into consultation in order to draw up new provisions to replace the void/nullified or unenforceable provisions, taking into account as much as possible the purpose and intent of the void/nullified or unenforceable provision.
Article 16. Authorization to amend
- The Contractor is authorized to change these General Terms and Conditions. The General Terms and Conditions amended by the Contractor apply to the Client from thirty (30) days after the Client has been informed of the change in writing, unless the Client informs the Contractor in writing within that period that it objects to the change. In the latter case, the Client is entitled to terminate the Agreement at the time when the amended General
- Conditions would become applicable to the Agreement, but only if the change entails a substantial increase in the Client’s obligations arising from the Agreement. The cancellation must be made in writing.
- If the Client has indicated in a timely manner that it objects to the change, without having authorized termination of the Agreement, the unchanged General Terms and Conditions will continue to apply between the parties until the Assignment has been completed or the Agreement has been terminated, but no longer than six (6) months from the end of the aforementioned thirty (30) day period. If the Agreement continues thereafter, the amended General Terms and Conditions will apply from that time.
Article 17. Disputes
- To all agreements between the client and the Contractor to which these general terms and conditions Dutch law applies
- All disputes relating to agreements between the client and the Contractor to which these conditions apply and which do not fall within the competence by the subdistrict court judge belong, become settled by the competent court in the district in which the Contractor has its domicile, unless it concerns disputes that do not relate to the business or profession of
- It stands client free to the process of disciplinary proceedings to follow.
Filed with the Chamber of Commerce
Chamber of Commerce number: 82293244.