Terms and Conditions


1. GENERAL These general terms and conditions apply to contracts in which Eric de Bruijn Pensioenconsultancy, hereinafter referred to as the consultancy firm, provides pension advice to the client on a declaration basis, unless explicitly agreed otherwise in writing between the parties.

2. AGREEMENT By accepting the report issued, the client confirms that the assignment has been executed at his request. Any additional agreements or changes made later on will only bind the consultancy firm after its written confirmation. Adviesbureau reserves the right to refuse orders without stating reasons. Where in these terms and conditions the client is mentioned, besides these are also meant his representatives, representatives, heirs and other assigns.

3. IMPLEMENTATION The consultancy firm will carry out the assignment with due care and will provide written advice at all times. If it has been agreed that the assignment will be carried out in phases, the consultancy firm can postpone the provision of the advices that belong to a following phase until the client has approved the results of the preceding phase in writing. If it has been agreed that the order will be executed in phases, the client can take back the assignment after completion of one or more phases, provided that it is done in writing and in which case fee will then be due up to and including the phase after which the order has been taken back.

4. TERMS OF PERFORMANCE All deadlines specified by the consultancy firm for the execution of the assignment are indicative and to the best of knowledge. If the term is exceeded, the consultancy will inform the client of this as soon as possible in writing. Provided this is justified according to standards of reasonableness and fairness, the client can take back the assignment without further costs in the event of a time limit.

5. CONFIDENTIAL INFORMATION Each party will take all reasonable precautions to keep the confidential information received from the other party confidential.

6. CO-OPERATION BY THE CLIENT If it is necessary for the client to cooperate with the execution of the agreement, the client will, on request, always provide all useful and necessary data and information in writing at all times. If the necessary information for the execution of the agreement is not available, not timely or not in accordance with the agreements, or if the client does not meet its obligations in other ways, this may lead to the suspension of the execution of the agreement and additional costs are charged according to the usual rates of consultancy.

7. CHANGES AND "MULTIPLE WORK" The consultancy firm will inform the client in writing as soon as possible if the time of completion of the order will be influenced by a change and / or addition to the order to be agreed upon between the parties. If a fixed fee for the assignment has been agreed, the consultancy will inform the client in writing in advance if and to what extent a further amendment or supplement to the agreement will result in the agreed fee being exceeded.

8. HONORARIUM AND PAYMENT Unless parties have agreed upon a fixed fee at the conclusion of the agreement, the fee will be determined by the factors spent hours times the applicable hourly rate. If after the conclusion of the agreement the level of wages and costs increases, the consultancy firm has the right to increase the fixed fee as well as the basic hourly rate accordingly, with a maximum of 10%. The fee is exclusive of turnover tax (VAT). All invoices will be paid by the client in accordance with the payment terms stated on the invoice. In the absence of specific conditions, the client will pay within 30 days of the date of the invoice. Payment will take place without deduction, settlement or suspension for whatever reason. If the client does not pay the amounts due within the agreed term, the client will owe the statutory interest without any notice of default being required on the outstanding amount. If the client continues to fail to pay the claim after notice of default, the claim can be handed over, in which case the client will be obliged to pay extrajudicial collection costs and any judicial costs in addition to the total amount that is then due. Adviesbureau will be entitled to charge advances to the client at the end of the agreement on the final fee to be paid. The provisions in this artikel apply to these advances without prejudice. If the creditworthiness of the client gives rise, the consultancy may also require additional security afterwards, failing which the consultancy may suspend the execution of the agreement.

9. NON-DETERMINABLE DEFICIENCY Consultancy is not obliged to fulfill any obligation, if this is not reasonably possible for consultancy firm as a result of changes resulting from the advisory agency in the circumstances existing at the time of the obligation, which, by law or in traffic, current views do not come at its own risk. Adviesbureau is entitled to demand payment of the fee associated with those recommendations that had already been provided before the non-attributable failure-causing circumstance occurred and insofar as they had independent value.

10. ARRANGEMENT OF THIRD PARTIES If this is necessary and desirable for the correct execution of the agreement, third parties can be called in and the costs thereof, unless there is a fixed fee, charged to the client in accordance with the price quotations to be provided by those third parties, with the understanding that that engaging third parties is discussed with the client in advance.

11. LIABILITY With respect to imputable shortcoming, the total liability of the consultancy for damage suffered by the client, irrespective of the manner in which a possible shortcoming arose, either in tort or otherwise, in no case higher than an amount equal to the lowest of the following two amounts: € 450,000, or an amount equal to (excluding turnover tax) 100 times the total agreed fee for the advice provided by the consultancy firm. Advice based on each other is deemed to be one advice on the understanding that for the calculation of the maximum liability in the case of related or advancing advices, the total fee for the related or advancing advices for a period of the last twelve months prior to the moment of accountable shortcoming will be taken into account. The consultant is only liable to the amount of the fee in the event of attributable shortcomings in compensation of damage due to the exceeding of time limits as referred to in Article 4. Moreover, Adviesbureau does not guarantee the accuracy or completeness of information or advice that is provided before the agreement is concluded. Adviesbureau is also not liable for damage if the client fails in its responsibilities or if the client provides or has provided inaccurate, defective or incomplete information. Excluded is any liability for any damage whatsoever that may arise from errors in used computer software, unless and insofar as the supplier of the said software accepts liability and the damage can be recovered from this. The client will indemnify the consultancy firm in case of claims from third parties. The Client will never appeal to employees of consultancy firm or third parties engaged by consulting firm.

12. LAST OF LAW After five years from the day on which the advice is issued, all rights of the client vis-à-vis the consultancy firm with regard to damage resulting from any shortcomings and / or errors of the consultancy firm in the execution of the agreement will lapse.

13. APPLICABILITY OF LAW AND DISPUTES All agreements between consultancy firm and client are governed by Dutch law. All disputes are exclusively settled by the competent judge in the place of business of consultancy firm in the Netherlands, or the district where consultancy firms in the Netherlands are located, even if the client is established abroad. However, Adviesbureau has the right to have a dispute with a foreign client settled by the foreign competent judge.

14. CHANGES AND SUPPLEMENTATIONS GENERAL TERMS AND CONDITIONS Changes and / or supplements to these General Terms and Conditions are binding on parties to the agreement with effect from the day following the day on which they are sent.

Amsterdam, January 2019 Eric de Bruijn Pension Consultancy