1. Definitions
In these general terms and conditions, the following definitions apply:
a. Contractor: CollectMasters B.V., also trading under the name NIKKI, based in Culemborg, registered in the trade register under Chamber of Commerce number 63212552.
b. Client: the legal or natural persons who have concluded a written or oral agreement with the Contractor. If the order is issued by an intermediary, the claimant must issue an authorization to do so to the intermediary and must also be explicitly notified to the Contractor. If the Contractor fails to notify the Contractor, the intermediary will be the Contractor's client.
2. Scope
These terms and conditions apply to all agreements and offers to provide services and/or provide (legal) advice in the field of: - Carrying out debtor management - Carrying out Credit ManagementAll of this in the broadest sense of the word.
3. Deviating clauses
Clauses that differ from these terms and conditions are effective if and insofar as the Contractor has expressly confirmed them to the client in writing.
4. No obligation to accept the order
Contractor has the right to refuse orders without giving reasons. Contractor can never be obliged to accept work.
5. Right to change general terms and conditions
The Contractor reserves the right to make changes to the general terms and conditions, in particular if the evolving circumstances with regard to the methods, techniques and/or rates used by the Contractor give cause to do so and/or current laws and regulations give cause to do so. The Contractor will be informed of the new text of the terms and conditions in good time, including the effective date of the new terms and conditions in writing.
6. Applicable law and disputes
The agreement with the Contractor and the general terms and conditions are governed by Dutch law.
If any part of these terms is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, that section will be severed from the rest of the terms, which will remain valid and enforceable to the fullest extent permitted by law.
Any disputes arising from or in connection with these terms and conditions will be finally settled by the Gelderland District Court. Before the dispute is referred to court, Contractor and Client will endeavor to resolve the dispute amicably.
7. Term of the agreement
The provisions of the general terms and conditions apply from the date of signing the agreement concluded between the parties, or from the date that the client has implicitly or otherwise agreed to the applicability of the general terms and conditions to the agreement in question.
The agreement is entered into for an indefinite period. The parties are entitled to terminate the agreement in writing subject to a notice period of three months, unless otherwise expressly agreed in writing. After termination of the agreement, the Contractor is still entitled to execute the invoices that lie under it up to and including the day of full payment.
The Contractor is entitled to terminate any agreement prematurely without notice if the client acts in conflict with one or more provisions of an agreement concluded with the Contractor, or with one or more provisions of the general terms and conditions.
8. Rates and collection
The applicable rates have been agreed in the agreement concluded by the parties.
The Contractor has the right to change the rates at any time by providing new rates. The new rates therefore apply to current agreements. The Contractor will provide the new rates to the client one month prior to the commencement date.
In the event of non-payment of the invoice, the Contractor has the right, with the consent of the client, to collect the invoice. When settling an invoice transferred for collection, the collection costs and statutory interest will prevail over the amount to be paid.
9. Client obligations
The client informs the Contractor as soon as possible about a payment that he receives from a debtor, about a credit invoice that he sends, or about any other circumstances that cause a change in the amount to be collected.
The client provides the Contractor with the documents necessary for the order, even if they are only received from the client after issuing the order.
The client is obliged to keep all information provided by the Contractor to the client secret and not to transfer or make it available to third parties.
10. Personal Data
Contractor and client have entered into an agreement concerning the processing of personal data.
Contractor and client have made agreements about how Contractor should deal with personal data, which agreements are included in the agreement, with the parties having agreed to the General Data Protection Regulation (hereinafter referred to as: “AVG”) with regard to the terms used.
The personal data processing agreement is an integral and inseparable part of the agreement.
11. Liability
Contractor is not liable for any indirect or consequential damage, including loss of profit or reputation.
The contractor is not liable for damage suffered by the client as a result of a shortcoming in the fulfillment of the order, unless the damage can be attributed to it on the basis of intent or gross negligence.
Any obligation to pay compensation by the Contractor will expire after a period of one year after the damage occurred.
The provisions of this article also apply to directors and other employees of the Contractor and any third parties that the Contractor engages or has engaged in the provision of services.
12. Liability
The Contractor's general terms and conditions are published under the website: www.nikki.nl and can be downloaded by everyone. Upon first request, these general terms and conditions will be provided to the client.
The latest published version or the version in force at the time of the conclusion of the agreement between Contractor and Client is always applicable.
