General Conditions

Netwerkwonen.nl Conditions

Article 1 General

Netwerkwonen.nl is a network of independent businesses which are active in the area of property rental arbitration.

In these conditions, the following will be understood as:

a)Netwerkwonen.nl: all of the independent businesses affiliated with Netwerkwonen.nl;
b)Netwerk Wonen: the independent establishment involved;
c)Client: every natural person or juridical person.

Article 2 Applicability

These conditions are part of all the contracts which are applicable to all (miscellaneous) actions and legal transactions between Netwerk Wonen and Client, also applicable when those (legal trans)actions did not lead to, or are not in association with, a Contract. The applicability of certain Client conditions will be clearly rejected by Netwerk Wonen.

Article 3 Content of a commission of arbitration

3.1. Regarding what is described in articles 5 to 10 of these conditions, articles 3 and 4 apply to the commission of arbitration contract between Netwerk Wonen and Client.
3.2. A commission of arbitration contract is understood as a commission to provide services concerning Netwerk Wonen’s arbitration in the realization of a contract between Client and a third party, as cited in article 7:425 BW, which at the very least, must meet the specifications given by Client.
3.3. Unless the parties clearly agree otherwise in writing, Client and Netwerk Wonen do not intend for Netwerk Wonen to be authorized by Client, as cited in article 3:60 BW, to carry out legal transactions in Client’s name, or for Netwerk Wonen to carry out legal transactions for account of Client, because of a mandate.

Article 4 Arbitration Fee

4.1. Client owes the complete activities fee if during the duration of the commission between Client and a third party, a lease contract is realized, even if the realization of this contract is not a consequence of the services provided by Netwerk Wonen, unless it has been agreed to otherwise in the confirmation of commission.
4.2. Client owes the complete activities fee if the contract with a third party is realized after the commission contract between Netwerk Wonen and Client (by withdrawal or otherwise) is terminated, but the contract with a third party which is realized as a consequence of the services provided by Netwerk Wonen and/or because Client has, hereafter, acted in violation of article 5 subsection 1 and article 5 subsection 4 and/or because Client has engaged in negotiations with a third party to personally realize a contract while excluding Netwerk Wonen during the duration of their contract. If, in fact, a contract is realized between Client and a third party after the termination date of this
Netwerkwonen.nl Conditions

contract, this contract, subject to evidence of rebuttal by Client, is understood to have come to realization by Network Wonen’s arbitration and Client owes the complete fee, unless such is in violation of mandatory law.

Article 5 General Commission

5.1. Client will provide Netwerk Wonen will all of the information and documents which are necessary in the framework of the execution of the commission and Client must vouch for the accuracy thereof.
5.2. Netwerk Wonen will keep Client informed of its activities and will be accountable to Client for the manner with which it has carried out its tasks. If Netwerk Wonen has received payments or has paid in favor of or to the disadvantage of Client respectively, Netwerk Wonen will make an account of it.
5.3. Every commission must be given to and accepted Netwerk Wonen, even if it is the Client’s expressed or tacit intention that the commission will be executed by one or more specific people in Netwerk Wonen’s service. Netwerk Wonen is allowed to have activities in the framework of the commission done by third parties (specialized construction inspectors for example), who are not in its service, provided that Client has given permission beforehand. The effect of article 7:404 BW and article 7:707 subsection 2 BW, that a joint and several liability develops if multiple people have received a commission, is precluded.
5.4. Client must abstain from all activities which can interfere with Netwerk Wonen’s commission and/or which can impede Netwerk Wonen’s execution of the commission.

Article 6 Fee and payment amount

6.1. The fee(s) mentioned in the confirmation of commission for the activities (the payment as cited in article 7:405 as well as article 7:426 BW) includes the fee of the expenses made and to be made by Netwerk Wonen in relation with the commission, unless otherwise has been determined in the confirmation of commission.
6.2. The fee of activities (the payment) and the expense fee will be charged by Netwerk Wonen during the commission. The amounts named in the commission exclude the turnover tax. Client will reimburse the turnover tax which is owed by Netwerk Wonen regarding the commission. If Client is to receive payments from third parties via a Netwerk Wonen establishment, then Client hereby gives unconditional and irrevocable permission to Netwerk Wonen to pay off the aforementioned fees with the payments received by third parties.
6.3. Should Client revoke, postpone or terminate the arbitration commission given to Netwerk Wonen, because of circumstances not imputed to Netwerk Wonen before a contract between them and a third party was realized – and a situation as described in article 4.2 does not arise – then Client is obligated to pay Netwerk Wonen the fee of the expenses made by Netwerk Wonen as well as an amount of € 500,-, it being a reasonable fee – according to the 2006 price level – for all of the activities executed.
6.4. The invoice payment must, if it cannot be paid off with the payments of third parties, be carried out within 8 days after the invoice date, unless parties have agreed to otherwise.
6.5. Netwerk Wonen can, if it deems it necessary, require an advance from Client before the activities have actually begun. This advance is calculated in the invoice.
6.6. If an invoice is not paid within the term of payment, contractual interest is owed over the invoice amount, which is equal to the lawful rent increased by 1%. If, after the first reminder, the invoice is not paid, Client then owes Netwerk Wonen extrajudicial collection fees of 15% of the invoice amount with a minimum of € 250,-. If the invoice has not been paid, Netwerk Wonen has the right to, after Client has been informed thereof, to postpone its activities on behalf of Client. In this case, Netwerk Wonen is not accountable for damages which have occurred as a consequence of this postponement.
6.7. Netwerk Wonen will receive the amounts received in rent and surety from Client, if it concerns a landlord, after the cost and payment deduction, and it will be transferred within a maximum period of 14 working days.

Article 7 Duration

7.1. The commission contract will apply for an undetermined period, unless otherwise is determined in the confirmation of commission, where the Netwerk Wonen commission’s initiation date is given.
7.2. The contract ends by termination or because the activities carried out in the framework of the commission have been completed.
7.3. Client is authorized to terminate this contract at any time by means of a signed letter, while adhering to a term of notice of 1 month.
7.4. Netwerk Wonen is authorized to terminate the contract immediately by means of a signed letter, if the following (not to be excluded) occurs:
a) Client acts in violation of any condition of this contract as well as other contracts drawn up between Netwerk Wonen and Client of any kind and such a negligent omission, not disbanded within 7 days after the send date of the formal notice, does not diminish Netwerk Wonen’s right to full reimbursement respectively in the event of;
b) in the event of bankruptcy, (provisional) suspension of payment, an underhanded agreement with debt collectors or the declaration of applicability of debt remission for natural parties;
c) if, according to Netwerk Wonen’s judgment, it implies a severe interference in the relationship between Netwerk Wonen and Client;
d) if Client is severely discredited commercially;
e) if Client is established outside of The Netherlands and this causes insurmountable problems for Netwerk Wonen;
f) if it appears that Client has given inaccurate information to Netwerk Wonen at the commencement of the contract, which are of such a nature that if Netwerk Wonen had had knowledge of this information, would not have closed the agreement under the same conditions;
g) if it implies other circumstances which, according to Netwerk Wonen’s judgement, work against the progress of the contract.
Netwerkwonen.nl Conditions

7.5. Regarding the Client’s obligation to pay expenses and activities fees, the parties do not have right to indemnity at the termination of the contract, unless this is based on grounds of misfeasance.

Article 8 Accountability

8.1. Netwerk Wonen is neither accountable for any (in)direct damages to Client or third parties, including damages and immaterial damage.
8.2. Netwerk Wonen’s accountability to Client is, under any circumstance, per event (where an associated series of events counts as one event) limited to the contract amount with a maximum of € 5.000,- (excluding VAT).
8.3. The accountability limitations in the subsections 1 and 2 are not applicable as far as the damage concerned was caused intentionally or by Netwerk Wonen’s fault or that of its highest executive staff.
8.4. Except for in the case of the fault or intention of Netwerk Wonen or its highest executive staff, Client will safeguard Netwerk Wonen against all claims for third parties under any circumstance.

Article 9 Applicable law/competent judge

9.1. Dutch law is applicable to this contract and all contracts which result from it.
9.2. As far as national or international legislation does not forcibly dictate otherwise, all differences between parties, by choice of the subpoenaed or petitioning party, will be presented to the competent judge in Dordrecht or another competent judge, on grounds of national or international legislation.

Article 10 Miscellaneous

10.1. Modifications or deviations in these conditions, in contracts closed between parties and/or supplementary ones as well as deviating conditions are only legally enforced if parties have recorded them in writing and if they have been signed.
10.2. The nullity, in other words, the unbinding of a condition does not lead to the complete nullity, in other words, unbinding of the contract. Instead of invalid conditions parties will agree to a fitting condition, which approach the intent of the parties and their intended economical result in a legally effective way.
10.3. If a party does not take action in the case of misfeasance concerning any condition in this contract by another party or the allowance or tolerance of a deviation of any condition in this contract, cannot be seen as a surrender of rights.
10.4. As long as it is not determined otherwise in this contract, the rights and obligations described in this contract are not heritable, unless it is done with the written consent of all parties in this contract.
10.5. The headings above the conditions in the contract have no independent meaning. These headings have strictly been added for surveying reasons and they do not
influence the explanation of the conditions in this contract.
10.6. If any condition in the contracts closed between Netwerk Wonen and Client is in violation of these conditions, the condition in the contracts will prevail.