General Terms and Conditions
- Hakort International B.V. (hereinafter: Hakort) is an international debt-collecting agency, with its registered office in Nieuwegein, the Netherlands, listed at the Chamber of Commerce in Utrecht, the Netherlands under file reference number 69067856. These general terms and conditions apply to all instructions to Hakort, as well as to all work carried out by or on behalf of Hakort.
- Instructions are solely accepted and executed by Hakort. The execution of the instruction shall be done exclusively for the benefit of the party instructing, third parties cannot derive any rights from the contents of the work and/or advice provided. The applicability of sections 7:404 and 7:407, paragraph 2 of the Dutch Civil Code is excluded, also if the instruction has been given to one or more specific person(s). Instructions lead to obligations to perform to the best of one’s abilities, not to obligations to produce a certain result, and do not involve a strict deadline, unless it has been agreed upon otherwise explicitly in writing. The party instructing guarantees the correctness and completeness of the instructions and information provided by it.
- Liability of Hakort and the employees that it employs is accepted only insofar as the consequences thereof are covered by its professional liability insurance. Hakort has taken out liability insurance for an insured amount of € 500,000,-. This amount can be increased following a request of the party instructing. Each claim is limited to the amount paid within the framework of this insurance in the relevant case, increased by the excess amount. If and insofar for whatever reason no payment is made by virtue of the aforementioned insurance, and Hakort or one of its employees still has to pay for the damage, all liability is limited to the amount of the fees charged by Hakort for the case in question with a maximum of € 15,000.-.
- Hakort has the right to engage third parties that are based in or outside the Netherlands for the execution of the instruction. The company cannot be held liable for any failure to perform whatsoever on the part of these third parties and shall have the right to accept liability insurance from any third party it engages also on behalf of the party instructing, without prior consultation of the latter party. In the event that the client wishes to have a say in the engagement of third parties, the client should notify Hakort of this in writing prior to the instruction.
- The party instructing shall indemnify Hakort for all compensation due because of any claim from a third party, inclusive of costs of legal support, that are related in any way to the work carried out for the party instructing.
- Hakort charges a debt collection fee for extrajudicial debt collection activities: a percentage of the claim submitted to Hakort, to be agreed with the client. Unless the debt collection instruction is withdrawn by client, the debt collection fee will be calculated on the basis of ‘no cure, no pay’. The fee will therefore only be payable on the actual amount collected by or on behalf of Hakort, plus the amount received by the client and/or end customer from the debtor outside the involvement of Hakort, plus any discounts, compensations, returns etc., which (also) concern the claim submitted. Any costs for extracts, credit reports and such will be charged separately to the client. For other (legal) work activities, such as conducting court proceedings, will always be arranged in advance where the remuneration is concerned. All amounts are excluding VAT.
- Invoices of Hakort are due and payable 14 days after the invoice date. In the event of failure to pay within this term, the party instructing is in default without a notice of default being required. Any invocation of a suspension or a setting off is not allowed. If an invoice is not paid within the payment term, collection costs and a monthly interest of 1% of the amount of the invoice shall be due. If payment is not made within the payment term, Hakort reserves the right to suspend all activities for the relevant instructing party, subject to prior notice. Hakort can´t be held liable for any damage caused as a result of these activities being suspended. Hakort has unlimited authority to set off its invoices against money due to the client.
- The legal relationship between Hakort and the instructing party and/or other parties using its services is governed by Dutch law. Disputes shall be resolved exclusively by the competent Dutch court in Amsterdam.
- All rights of action and other entitlements of whatever nature the party instructing can rely upon against Hakort shall lapse in any case within one year of the moment the instructing party became aware or could reasonably have been aware of the existence of these rights and entitlements.
- The provisions stated in these general terms and conditions have not solely been stipulated for the benefit of Hakort, but also for the benefit of all other staff it employs and/or any anyone else carrying out activities for Hakort, or who have done so in the past.
- Upon completion of the instruction, the party instructing shall be provided with original documentation, if so requested. Dossiers are filed for a maximum period of seven years, after which they are destroyed and disposed of.
- These general terms and conditions are available both in the Dutch and in the English language. In the event of a difference in interpretation of the provisions thereof, the Dutch text shall prevail.
General Terms & Conditions, Hakort International B.V. 2017