Terms and conditions

TERMS AND CONDITIONS

1. Applicability

1.1 These general terms and conditions apply to all services of Square Rent, unless otherwise agreed in writing in advance. If one or more provisions of these General Terms and Conditions appear to be void, voidable or non-binding (b), these General Terms and Conditions will remain in full force and effect for the remainder or otherwise. Square Rent is entitled to replace any void, voidable or non-binding provision(s) with provisions that are not void, voidable or binding and that deviate as little as possible from the void, in view of the purpose and purport of these Terms and Conditions.
1.2 Acceptance of any agreement with Square Rent also implies that you explicitly agree to all applicable terms and conditions and privacy statements, which can be found on www.squarerent.nl and where they can be consulted, printed and stored. This English version is a translation of the Dutch one. In case of ambiguity the Dutch version should be consulted for clarification.

2. Definitions and General

2.1 Square Rent: The Square Rent company, including employees, authorized representatives and other representatives or third parties acting on behalf of Square Rent, registered with the Chamber of Commerce under Chamber of Commerce number 71776028 and location number 000039937585.

2.2 Client: Square Rent's client. This can be one or more natural and/or legal persons who enter into a assignment agreement with Square Rent.

2.3 Other Party: The debtor against whom the Client has a Claim, including employees, agents and other representatives or third parties who act on behalf of the debtor.

2.4 Claim: The claim that the Client has against the Other Party to pay a sum of money or to do another act or omission, and for which Square Rent is contracted. For example: the claim to a reduction of the rent, the claim to recover service costs that have been paid unduly, the claim to recover unlawful agency costs, etc.

2.5 Agreement: The assignment agreement concluded between the Client and Square Rent. The assignment(s) included in the agreement will as a rule comprise the execution of one or more Claim(s) of the Client, but may also comprise another assignment if so agreed. In consultation, the Agreement can be extended at a later date with new assignments or already agreed assignments can be changed. These General Terms and Conditions and authorization apply immediately to any additions or changes.

2.6 Start of the Agreement: The moment at which the Agreement is created through offer and acceptance.

2.7 End of the Agreement: The Agreement is valid for an indefinite period of time. The Agreement ends at the moment of Settlement of the Claim(s), or otherwise by early termination of the Agreement by the Client and/or Square Rent.

2.8 Settlement of the Claim: The full effectuation of the Claim, so that – by virtue of that Claim – the Other Party no longer owes anything to the Client.

2.9 Difference: the reduction achieved for the Client (calculated on a monthly basis) from the monthly rent.

2.10 Rents: the sum of basic rent and service costs.

2.11 Success Fee: the fee for the activities of Square Rent if the Agreement is concluded on the basis of the 'no cure – no pay' model.

3. Nature of the service

3.1 If Square Rent has entered into an Agreement with the Client, it will make reasonable efforts to fulfill the stipulated assignment. However, the Agreement does not lead to an obligation of result but an obligation of best efforts.

3.2 The work commences at the moment that the order for this has been granted by the Client by signing the authorisation/contract.

3.3 Square Rent will try to settle the Claim. For this, Square Rent can draw up and send e-mails and letters at its own discretion, conduct (settlement) negotiations with the Other Party, start the necessary procedures – with the Rent Assessment Committee (Huurcommissie), court or other bodies – and engage the necessary third parties, such as a collection agency or lawyer.

3.4 It is at the discretion of Square Rent to take legal measures or initiate proceedings to effectuate or effectuate the Claim. Square Rent is entitled – without claim to any compensation or damage – to refrain from taking legal measures or taking any action if it deems this inappropriate, for whatever reason.

3.5 The Client will be informed as much as possible about the possibilities to settle the Claim and Square Rent's decisions in this regard. However, no rights can be derived from Square Rent's statements and advice. Square Rent makes no guarantees about the expected results. Square Rent will inform the Client as well as possible about its rights.

3.6 Square Rent can keep the Client informed about the progress of the work via WhatsApp, in addition to e-mail or telephone. Square Rent is not liable for any consequence of the Client's failure to (regularly) read any messages.

3.7 Square Rent is entitled to engage a third party not belonging to its organization in the execution of the Agreement. Square Rent will exercise due care in this regard and consult with the Client as much as possible in advance. Square Rent is not liable for any failure by this third party. Square Rent is entitled to accept any liability limitations of third parties on behalf of the Client.

4. Obligations of the Client

4.1 The Client will ensure that all information that Square Rent indicates is necessary or that the Client understands or should understand that it may be important for the execution of the Agreement is provided to Square Rent in a timely manner. This in any case includes all communication with the Other Party and payments received from the Other Party. By signing the authorisation/contract, the Client declares that he has done so and will continue to do so until the end of the Agreement.

4.2 After entering into the Agreement and during the entire collection process, the Client will refrain from communicating with Square Rent (substantive) matters with the Other Party, unless this has been expressly agreed in writing with Square Rent.

4.3 The Client acts unlawfully towards Square Rent if the Client, without the knowledge of Square Rent, independently or via third parties commits (legal) acts to collect the Receivable or gives or has instructed to do so after entering into the Agreement with Square Rent.

4.4 The Client is responsible for timely payment of any required advances for procedures to be started or other transactions, if so requested by Square Rent.

5. Early Termination

5.1 The Client has the option to cancel the Agreement within the statutory cooling-off period of 14 days. Revocation by the Client must take place in writing and in unambiguous terms. The cooling-off period starts at the moment of receipt of the signed authorisation/contract agreement by Square Rent.

5.2 Square Rent is at all times entitled – even without stating reasons – not to process the Agreement any further and/or to suspend or suspend the claim or collection of the Receivable at any time it deems it appropriate. to suspend. This does not apply in the event that a promise to fulfill the Claim has been received by the other party or made known to Square Rent or the Client.

5.3 The Client is at all times entitled to terminate the Agreement, stating reasons.

5.4 If the Client makes use of the right of withdrawal or otherwise (partially) terminates the Agreement before Payment of the Claim (in whole or in part) has taken place, or before the relevant Claim has been established or will be established in court without further actions are required, or before a commitment to payment or to negotiate has been received from the Other Party, Square Rent is entitled to charge the Client for the (reasonable) costs already incurred in accordance with art. 8.4 of these Terms and Conditions. See also art. 8.5.

5.5 If the Client makes use of the right of withdrawal or otherwise (partially) terminates the Agreement and the Claim has already been settled (in whole or in part), or if the relevant Claim has already been established in court or will be established without If further actions are required for this purpose, or if a commitment to pay or to negotiate has already been received from the Other Party, the Client owes the Success Fee. See also art. 8.5.

6. Privacy

6.1 Square Rent will treat the (personal) data of the Client confidentially. The Client grants Square Rent unambiguous permission for the processing of the personal data provided by the Client and their use in the context of Square Rent's business operations. The Client's personal data must be shared with the Other Party, (judicial or enforcement) authorities or third parties for the use of a Claim or legal act – all only insofar as it is in the interest of the execution of the Agreement.

6.2 The client gives Square Rent permission to provide the personal data to legal cooperation partners when necessary. The General Terms and Conditions also apply to the legal cooperation partners of Square Rent or. They are also entitled to the General Terms and Conditions of Square Rent, as in all cases that legal acts and actions are committed to effectuate a Claim.

6.3 Our full Privacy Statement can be found on the Square Rent website.

7. Liability

7.1 Square Rent is not liable for any damage caused by an act or omission of the Client in violation of this Agreement and General Terms and Conditions or by otherwise reprehensible behavior by the Client (eg towards the Other Party) that appears to be harmful to the execution of the Agreement.

7.2 Square Rent is not liable for any damage resulting from a legal act or factual act committed by one of the parties or a third party in violation of the law, resulting from Square Rent's commercial practices, except in the case of intent or gross negligence on the part of Square Rent.

7.3 Any further liability of Square Rent, except in the case of intent or gross negligence, is excluded, unless mandatory legal provisions provide otherwise. This exclusion of liability includes: all (in)direct damage, immaterial damage, lost profit and trading loss, by whatever name and for whatever reason. Square Rent and/or its (legal) employees or cooperation partners can also invoke these General Terms and Conditions.

7.4 Square Rent is not obliged to fulfill any obligation towards the Client if it is prevented from doing so as a result of force majeure or a circumstance that is not due to its fault, nor which is for its account under the law, legal act or generally accepted standards. comes. Force majeure is in any case understood to mean: all external causes, foreseen or unforeseen, on which Square Rent cannot or could not (reasonably) exert any influence, as a result of which Square Rent is not (or no longer) able to fulfill its obligations towards the Client. come. Square Rent is entitled to suspend its obligations towards the Client as long as the force majeure continues, after which any obligation lapses after a period of one year measured from the conclusion of the Agreement.

8. The Cost

8.1 The assignment agreement between the Client and Square Rent is on the basis of 'no cure - no pay', unless otherwise agreed in writing. This means that the Client only owes the Success Fee upon Settlement of a Claim, subject to exceptions, as stated in art. 5.5. The amount of the Success Fee differs per type of Claim and is payable for each agreed Claim separately.

8.2 Unless otherwise agreed in writing, the Success Fee for Settlement of a Claim for reduction of the monthly rent by Square Rent is three times the realized Difference. This may concern rent that is still to be paid or rent that has already been paid in the past.

8.3 Unless otherwise agreed in writing, the Success Fee for Settlement of a Claim for the collection of a sum of money – to obtain legal compensation, compensation or undue payment on account of a legal relationship between the Client and its Other Party – is 50% of the amount that is recovered.

8.4 If Square Rent and the Client agree that Square Rent will work on the basis of hours instead of 'no cure – no pay' or if Square Rent pursuant to art. 5.4 General Terms and Conditions charges its costs incurred, an invoice is made on the basis of the time spent multiplied by the hourly rate set by Square Rent. The hourly rate is €100 excluding VAT. Square Rent has the right to change the hourly rate periodically. The work performed is noted in units of at least 6 minutes. The time spent is tracked by Square Rent in the meantime.

8.5 Unless otherwise agreed in writing, any cost compensation in respect of (extrajudicial) collection costs, summons costs, attorney's salary, legal assistance, periodic penalty payments, etc. will benefit Square Rent. In the event of premature termination by (the fault of) the Client, Square Rent is also entitled to the loss of expenses as referred to above.

8.6 Square Rent is at all times authorized to request payment of an advance from the Client in connection with work to be performed or to cover the costs related to agencies or third parties to be engaged by Square Rent. The advance amount will be settled with the next invoice or with the final invoice.

8.7 Square Rent is entitled to increase the agreed rate if it appears during the execution of the work that the originally expected amount of work was estimated to such an extent when the agreement was concluded that Square Rent cannot reasonably be expected to perform the agreed work. to be performed against the originally agreed price agreement. This is in any case the case if the case goes to a court other than the subdistrict court or if the case takes on an international character, insofar as this entails that correspondence or procedural documents must be translated into a language other than Dutch or a third party abroad. must be turned on.

9. Payment in installments

9.1 If it has been agreed that the invoice may be paid in installments, the Client will receive a written confirmation by e-mail. If the Client does not comply with the agreements punctually, the right to payment in installments will lapse and in the event of late payment, in addition to the statutory interest, extrajudicial collection costs and judicial collection costs, administration costs of €40 will also be charged to the Client. The administration costs may be charged at once if payment is not made. The other costs are charged in accordance with the Collection Costs Act.

10. Expiration Period

10.1 The expiry period of all claims against Square Rent and/or its affiliated companies and/or third parties involved in the execution of an Agreement is one (1) year and one day.

11. Archiving

11.1 Files closed by Square Rent are kept for 5 years. Thereafter, the file and the documents contained therein will be destroyed without further notice.

12. Governing Law

12.1 Dutch law applies to all our services and agreements. All disputes arising from that legal relationship will be settled exclusively by the competent Dutch court in Leiden or The Hague.

Leiden, January 1, 2021