With regard to the services of FinancialMatch.nl, the following conditions and all applicable legal rules apply. By using the website of FinancialMatch.nl, the user accepts to be bound by these conditions.
Article 1 Definitions
The following definitions are used in these general terms and conditions, both singular and plural.
Client: the natural or legal person who offers or gives an assignment to perform work to a service provider.
Service provider / specialist: the natural or legal person who, through the website, makes himself available as a financial specialist for performing work on behalf of a client or registering or bidding for one or more assignments from a client.
Subscription: A free (basic) or paid subscription that a specialist has concluded with FinancialMatch.nl
Reimbursement/compensation: the amount per month that a specialist must pay FinancialMatch at the time that he / she carries out an assignment through the FinancialMatch service
Assignment: The commitment / work that a service provider performs or will perform at the client.
Duration of the assignment: the period (including any extensions) that the service provider performs work for the client
Contract extension: The period that the service provider performs work for the client after the first contract duration agreed by the client and the service provider. There is an extension if a service provider carries out work for the client within 12 months of the end of the first agreed assignment period
User: clients, service providers, financial specialists and other persons who use the website.
Service: the service offered by FinancialMatch.nl through the website or in another way, consisting of, among other things, offering a platform on which clients and financial specialists come into contact with each other.
FinancialMatch: FinancialMatch / FinancialMatch.nl, located at Slochterenlaan 9 in Bussum, registered in the trade register (KvK) under number 660866.
Website: The Internet site of FinancialMatch.nl as well as all other Internet sites of FinancialMatch.nl that can be reached via this domain name or the related sub- and top-level domain names.
Article 2 Applicability of these conditions
2.1 These general terms and conditions apply to all agreements and to all acts and legal acts between FinancialMatch.nl and the user, even when those acts or legal acts should not lead to, or are not related to, an agreement.
2.2 FinancialMatch.nl is at all times entitled to unilaterally adjust or supplement these general terms and conditions.
2.3 The general terms and conditions of the user are expressly rejected.
2.4 In connection with the specific nature of a specific agreement agreed in writing, that agreement may deviate from one or more provisions of the general terms and conditions.
2.5 If a provision from these general terms and conditions conflicts with a provision from a concluded agreement, the provisions of the agreement apply.
2.6 Changes to and additions to any provision in the agreement and / or the general terms and conditions agreed between FinancialMatch.nl and the user are only valid if they have been agreed upon by registered letter and can only be proved with that.
2.7 If and insofar as any provision of these general terms and conditions is declared invalid or annulled, the other terms and conditions will remain in full force. FinancialMatch.nl will then adopt a new provision to replace the invalid or voided provision, whereby the scope of the invalid or voided provision will be taken into account as much as possible.
Article 3 Services
3.1 FinancialMatch.nl offers a platform on its website on which clients and financial specialists:
Being able to get in touch with each other in connection with the execution of assignments in the field of business services and;
Being able to make agreements with regard to assignments.
FinancialMatch.nl only has a facilitating role and can therefore not be held responsible for acts or omissions of a user through or in connection with the website or otherwise. FinancialMatch.nl is at all times entitled to adjust and / or terminate (the content of) its services.
3.2 FinancialMatch.nl has compiled the content of the website with the greatest possible care. All content information on the website with regard to the users themselves, assignments, references and quotes, however, comes from the users. These users are responsible for the accuracy and completeness of this information. FinancialMatch.nl is not responsibility for the content of assignments, quotations, references, etc., nor for any other communication between users. Neither is FinancialMatch.nl responsibility or liability for the fulfilment of their obligations by clients and service providers, including compliance with any payment obligation and the correct execution of the work to be performed.
3.3 FinancialMatch.nl offers its own information on the website on the basis of exclusion of any express or implied guarantees, promises or indemnities of any kind, including, but not limited to, the exclusion of guarantees with regard to justice to (property) rights, sufficient quality, suitability for a specific purpose and non-infringement of property rights or rights of third parties.
In particular, FinancialMatch.nl does not guarantee:
That the information on the website is correct, complete, current, and not unlawful, that the website will work without interruption, will be free of viruses, trojans and other errors and / or defects and that any defects will be remedied and that third parties will not use the website and / or the systems of FinancialMatch.nl unlawfully.
3.4 FinancialMatch.nl is entitled to (temporarily) put the website out of use or to limit it in the event that this is necessary for example for maintaining or modifying the website, without this resulting in any right to compensation against FinancialMatch.nl.
Article 4 Use of the service and provision of information
4.1 The user guarantees that all data, including but not limited to, name, address data, VAT number, bank account number, Chamber of Commerce number, e-mail data he provides in the context of the service are complete, correct and current and that he use the service solely for itself. In addition, the user guarantees that he is authorized to make use of the services and that he will comply with the applicable laws and regulations with regard to the granting of orders, bidding on, offering and performing activities.
4.2 By offering data on the website, including, but not limited to, orders, references and quotes, the user gives permission to publish this data on the website and guarantees that he is authorized to give that permission. The user is aware that the positioning of orders and bids/responses on the website depends on a number of factors and that no rights can be derived from this.
4.3 FinancialMatch.nl reserves the right to change and / or shorten the information provided by the user. FinancialMatch.nl also reserves the right to refuse or remove orders/assignments, references, quotes and other data from the website, for example because they are incorrect or unreliable, violate the law or are unlawful towards third parties, without this can in any way lead to any right of the user for compensation.
4.4 The use of the (personal) data obtained by users through the website may only be used for the purpose for which they were provided. It is not permitted to process this data for any other purpose. Nor is it permitted to collect personal data from users for any reason.
4.5 If a user acts contrary to the provisions of Article 4.4, he forfeits, without further warning or notice of default and without the need for judicial intervention, an immediately due and payable fine of € 2.500,00 (in words: two thousand and five hundred euros) per event involving the use of one personal data is considered as one event, without prejudice to FinancialMatch.nl’s right to take other measures at its disposal against the user and / or to claim compensation.
Article 5. Subscriptions, payment service, rates and payment
5.1 At FinancialMatch, financial specialists can opt for a free (basic) subscription as well as for different types of paid subscriptions. With a paid subscription, additional services and benefits are provided to members with a free Basic subscription / account. Payment is made via direct debit or iDeal, PayPal, CreditCard and transfer.
5.2 The subscription is entered into for a duration of twelve months.
5.3 Until a service provider offers a response on an assignment, it is always possible for this service provider to take out a more extensive / expensive subscription. It is therefore not possible for this service provider to take out a more extensive subscription from the moment that an response is placed and /or during the period that the service provider fulfils an assignment.
5.4 The agreement ends by cancellation with a cancellation period of one month. Cancellation must be made in writing. If no timely cancellation takes place, the agreement will be extended with an extension period of twelve months, under the same conditions. Subscription fees are not refundable
5.5 If, before the end of the agreement, the service provider has placed an response and /or fulfils an asignment, the subscription will continue until the response is rejected by the client or the assignment has been completed by the service provider.
5.6 After termination of the agreement, for whatever reason, financialmatch.nl will remove all content from the user from its systems within a reasonable period of time. After the agreement has been terminated, financialmatch.nl is not subject to any retention obligation.
Prices
5.7 Unless otherwise indicated, the prices of FinancialMatch.nl are quoted in euros, excluding VAT and possibly other taxes and charges.
5.8 FinancialMatch.nl reserves the right to change or revise the prices of the service (s), the rates for service costs and other products. FinancialMatch.nl will post such price changes or revisions on the website at least 15 days before the effective date of the changes. Current contracts will be respected until the renewal date.
Payment subscription
5.9 If the user does not pay within 14 days after the invoice date, he is deemed to be in default by operation of law and, without further notice of default, he will from that moment due an interest on the outstanding amount cumulatively two percent per month on the principal sum whereby a part of a month counts as a whole month. Above, FinancialMatch.nl has the right to charge the user an amount of € 15.00 (in words: fifteen euros) for each reminder sent.
All other extrajudicial collection costs incurred after the relevant payment period has expired, such as the own costs of FinancialMatch.nl and the costs of collection offices, bailiffs or lawyers are fully at the expense of the user. If FinancialMatch.nl deems it necessary to place the claim in the hands of third parties, the user will be notified in writing in advance. The User is also obliged to pay the costs incurred by FinancialMatch.nl in connection with legal proceedings in excess of the amount awarded by the relevant court if the user has been wholly or largely unsuccessful in that proceeding. The costs of the proceedings explicitly include the fees of lawyers, bailiffs and other advisers.
The user declares that the costs due under this article do not qualify for moderation due to a possible discrepancy between the principal and the costs.
5.10 If the user has issued one or more direct debit authorization (s) for the payment of the amount due under a service or subscription, he is not entitled to withdraw this authorization at any time, except with the prior written permission of FinancialMatch.nl. to pull. It is also obliged to maintain a sufficient bank amount for 14 days after the date of dispatch of the relevant invoice to enable the collection to be executed. If it is not possible for FinancialMatch.nl to proceed with automatic collection, FinancialMatch.nl is free to use all available means to receive the due amount, whereby the provisions of Article 5.6 apply to.
Article 6 Reimbursement during an assignment:
With a paid subscription, subscribers pay a lower reimbursement/fee during the assignment than subscribers with a free (basic) subscription / account.
There are various paid subscriptions with different rates and benefits.
6.1 Reimbursements to FinancialMatch are only required by a specialist if he/she fills-in an assignment
With a (both free or paid) subscription, financial specialists can make full use of all FinancialMatch facilities. Only when a specialist with a subscription via FinancialMatch receives an Assignment, the specialist pays FinancialMatch a fee.
6.2 When and which compensation is due.
Registrated specialist with an subscription FinancialMatch are required to pay a Fee to FinancialMatch if Situation (a) and / or Situation (b) below occurs during the subcription/membership, or within six months of its expiry:
- A Client has found the financial specialist on FinancialMatch.nl and then approached it, after which the specialist will complete an Assignment at or through this Client within three months from the moment of approaching. This also concerns a possible referral from the initial Client to another Client where or through which the specialist subsequently performs an Assignment.
- The specialist has responded to an Assignment via FinancialMatch, after which the specialist will then complete an Assignment at or through this Client within three months.
Situation a) or Situation b) exists if there has been demonstrable contact between Client and specialist with the help of FinancialMatch. This can be demonstrated, for example, by:
- the specialist or the Client informs FinancialMatch of the agreed Assignment whether it confirms this to FinancialMatch or because;
- de specialist or Client has demonstrably carried out actions on the Site such as clicking on the “Respond” button to an assignment on the Site or because;
- demonstrable communication between the Client and specialist has taken place via the Site.
PAY ATTENTION:
In accordance with Article 1 of this Agreement, the “Client” may also be a broker in the situations described above. It therefore makes no difference whether a specialist completes an Assignment through a broker or directly with a Client.
6.3 Determination of the amount of the reimbursement/fee
Depending on the subscription, the specialist owes FinancialMatch a monthly fee for the duration of the assignment. This reimbursement is based on the amount actually invoiced by the specialist to the client.
FinancialMatch follows the contacts between clients and specialist. Specialists must also inform FinancialMatch of a match via our platform. That is possible via our contact form
Article 7. Payment policy
7.1. When you are active as a Client or as a specialist on FinancialMatch.nl, you undertake to have responses to Assignments and other communications such as contact requests initiated by the use of FinancialMatch in the first instance via FinancialMatch. This means that it is not permitted to provide your CV, Profile, Order description or contact details outside the platform to Clients or specialists registered with FinancialMatch. If this does happen, then your Account can be closed and in the event of a match with a specialist with a subscription you will still be entitled to the applicable Fee as described in Article 12.
7.2. For the paid subscription for specialists the specialist owe an amount stated on the site excluding VAT to FinancialMatch, or an amount stated elsewhere on the Sites for a service excluding VAT.
- You are obliged to do everything to meet your payment obligations to FinancialMatch.
- If the payment term is exceeded, FinancialMatch is entitled to charge statutory interest, whereby a part of a month is charged for a full month. You owe this interest solely by exceeding the payment term, without the need for a reminder or notice of default.
- If FinancialMatch is forced to request legal assistance to collect the amounts owed to it, all judicial and extrajudicial costs for this will be reimbursed by you to FinancialMatch.
Article 8 Dissolution
8.1 In case the user has not used the website for a period of 12 months, FinancialMatch.nl has the right to terminate the agreement entirely.
8.2 In the event of a (provisional) suspension of payment, bankruptcy, shutdown, admission to the WSNP or liquidation of the user, FinancialMatch.nl has the right to dissolve subscriptions or other services wholly or partially, without prejudice to its other rights and without any compensation. or refund.
Article 9 Communication
9.1 Every communication between FinancialMatch.nl and user can take place electronically, unless the general terms and conditions and / or the agreement and / or the law deviate therefrom.
9.2 The version of the relevant communication stored by FinancialMatch.nl counts as proof thereof, subject to proof to the contrary by the user.
9.3 Electronic communication from FinancialMatch.nl to user is deemed to have been received on the day of sending, unless the contrary is proved by the recipient.
9.4 The user must secure his own computer system in such a way that third parties cannot be granted unauthorized access.
9.5 User agrees to make his contact details available for all communications from FinancialMatch.nl with the intention of providing the service as described in these general terms and conditions. In addition, the user agrees that his contact details can be used for marketing purposes, offers, new products or services from FinancialMatch.nl or its partners.
9.6 A user of FinancialMatch.nl will not use the website for any purpose other than for which it was created. In particular, a user will not place ads and refer to other websites without this serving the purpose of FinancialMatch.nl. Every link on FinancialMatch.nl placed in a project, quotation or e-mail must relate to a project / assignment on FinancialMatch.nl (an example of acceptable links are a reference to a portfolio or CV or personal website).
Article 10 Accounts
10.1 To become a user of FinancialMatch.nl and to gain access to the services of FinancialMatch.nl you need an account. The user agrees to enter information on all forms on the website that is truthful, accurate and complete. In addition, the user will regularly update this information to ensure that the information remains accurate.
10.2 User gives FinancialMatch.nl permission to verify its identity and creditworthiness through third parties. When testing takes place, additional information may be requested, such as social security number, date of birth, full first and last names. To establish the identity, FinancialMatch.nl can ask the user for proof of identity. FinancialMatch.nl reserves the right to delete or suspend accounts for which the identity of the user cannot be traced or is forged.
10.3 The user will not undertake anything that fraudsters the feedback system or reference system of FinancialMatch.nl. This includes, for example, the artificial generation of positive feedback about the service provider through the use of multiple accounts. Determining this type of fraud leads to an immediate suspension of the account.
10.4 When a user’s account is deleted because it is found that the user is in breach of the terms and conditions, the user is liable for all fees, taking into account the extent to which the terms and conditions are breached, for checking the damage caused by the violation.
Article 11 Force majeure
11.1 In the event of force majeure on the part of FinancialMatch.nl, it is not obliged to fulfill the obligations under the agreement.
11.2 Force majeure is understood to mean any circumstance beyond the control of FinancialMatch.nl that is independent of the will of FinancialMatch.nl and that permanently or temporarily prevents compliance with the agreement.
11.3 Force majeure is in any case understood to mean: a non-attributable shortcoming of engaged third parties or suppliers, work strikes, company occupation, government measures, power failures, more than usual traffic delays and illness of an epidemiological nature of its employees, technical malfunctions, whether or not as a result of viruses or attacks, as a result of which the website does not function properly or not fully, as well as every situation where FinancialMatch.nl cannot actually exercise (decisive) control.
11.4 As soon as a force majeure situation occurs as referred to in this article 9.3, FinancialMatch.nl will notify the user. If the force majeure situation lasts longer than 30 days, or as soon as it is clear that the force majeure situation will last longer than 30 days, the parties are entitled to terminate the agreement without being liable for damages.
Article 12 Liability
12.1 Although FinancialMatch.nl makes every effort to provide the services properly, it cannot exclude the possibility that damage will occur due to or with the services provided. Unless the damage arises as a result of intent or deliberate recklessness on the part of FinancialMatch.nl or its managerial subordinates, FinancialMatch.nl is not liable for any damage whatsoever called.
12.2 FinancialMatch.nl is never liable for any damage suffered by the user in connection with or arising from communications or advice given in the context of free advice.
12.3 FinancialMatch.nl cannot be held liable for communications or advice from third parties about services of FinancialMatch.nl.
12.4 FinancialMatch.nl is never liable for any indirect damage of user or third parties, including consequential damage, lost revenue and profit, loss of data and immaterial damage, related to or arising from the agreement or the use of the services.
12.5 Without prejudice to what is stipulated elsewhere in the agreement, the liability of FinancialMatch.nl towards the user, for whatever reason, is limited to an amount of a maximum of € 500,00 (in words: five hundred euros) per event, whereby a coherent series of events applies such as one event.
12.6 The right to compensation lapses if the claim has not been brought by the user within one year after it arose.
12.7 The user indemnifies FinancialMatch.nl against all claims from third parties, for whatever reason, with regard to compensation for damage, costs or interest, related to or arising from the agreement or the use of the Services.
12.8 Service providers are advised to take out professional liability insurance for any liability on the part of clients. An insured amount of at least € 500.000,- is recommended
Art. 13 Dispute with FinancialMatch.nl
13.1 In the event of disputes arising from agreements or agreements that build on them, to which these general terms and conditions apply, the parties will in the first instance endeavor to reach an amicable settlement.
13.2 All disputes that may arise between a client or service provider of the website on the one hand and FinancialMatch.nl including their legal successors under a general or special title on the basis of the agreement concluded between them or on the basis of further agreements and other actions in connection with the aforementioned agreements such as, but not limited to, unlawful acts, undue payments or unfounded enrichments will be settled by arbitration in accordance with the Arbitration Rules of the Netherlands Arbitration Institute, hereinafter NAI.
13.3 To the qualification as a dispute within the meaning of art. 11.2 does not prevent the case from being considered as such by only one of its parties or its successors in title or that it only concerns the collection of monies owed.
13.4 Nevertheless, the party who would like to submit a dispute through an arbitration procedure should grant its counterparty a period of at least one month after it has invoked this arbitration agreement in writing against that counterparty, in order to settle the dispute by law. competent court.
13.5 A dispute with regard to a specific legal claim must be brought within one year after the legal claim has arisen and has become known to the claimant, without prejudice to the possibility of earlier lapse or prescription in accordance with the law.
Article 14. Other provisions
14.1 The user is not permitted to transfer the agreement between FinancialMatch.nl and user, in whole or in part, or any rights or obligations arising therefrom to a third party, subject to prior written permission from FinancialMatch.nl.
14.2 If any provision of the general terms and conditions is found to be void, invalid, unenforceable or unlawful, the remaining limitations of the general terms and conditions remain unaffected.
14.3 FinancialMatch.nl may change its terms and conditions from time to time, without any notification to its users, unless required by law. The changes to the general terms and conditions are effective when we publish them on the website.
14.4 All content on the website and composition of content from the website, such as text, images, logos, icons, audio clips, digital downloads and software are the property of FinancialMatch.nl and are protected by copyright.
14.5 In addition to these General Terms and Conditions, the answers to the frequently asked questions published on the website also apply as conditions for the use of FinancialMatch.nl and its services.
14.6 Dutch law applies to the agreement between FinancialMatch.nl and user.