General terms and conditions of the Besloten Vennootschap Multiwonen, established and office holding in Amsterdam on the Baarsjesweg 275.
Article 1: Applicability
These general terms apply to any agreement contract services and/or mediation, as well as the resulting additional and/or following agreement (s), and agreements between Multiwonen and the sponsor.
Article 2: Definitions
• Multiwonen: The (legal) person who, under the command of the confirmation accepts the assignment to service or mediation of the sponsor.
• The sponsor: Any natural or legal person who provides the command back to Multiwonen.
Article 3: Contents of the assignment at mediation
3.1 Unaffected to what has been described in articles 5 to 10 of these general terms articles 3 and 4 shall apply to an agreement to mediation between Multiwonen and the sponsor.
3.2 An agreement of command to conciliation means a command to the provision of services related to the mediation by Multiwonen in the creation of an agreement between the originator and a third party, as provided for in article 7: 425 BW, where at least the specifications, as given by sponsor, are met.
3.3 Unless the parties expressly agree in writing, the originator and Multiwonen aim that not Multiwonen will be authorized by the sponsor, as referred to in article 3: 60 DB, to in his name carry out legal transactions or Multiwonen by virtue of a mandate, as referred to in article 7: 414 BV, on behalf of the principal, perform legal acts.
Article 4: Compensation for mediation
4.1 The sponsor owes the full remuneration for the work if for the duration of the contract between the originator and a third party an (rent/buy) agreement originates, even if the formation of the agreement is not due to the services provided by Multiwonen, except as expressly otherwise agreed in the command prompt.
4.2 The sponsor owes the full remuneration for the work if the agreement with a third party may be formed after the agreement of command between Multiwonen and the sponsor (by termination or otherwise) has ended, but the agreement with a third party is being formed as a result of the by Multiwonen performed services and / or because the sponsor has acted in breach or the provisions of article 5 paragraph 1 and 5 paragraph 4 hereafter and / or because the sponsor has negotiated with third parties during the maternity of the agreement beyond Multiwonen to make an agreement himself. If between the originator and a third party there is an agreement after the date of termination of this agreement, then this agreement, except by the rebuttal of sponsor, deemed to have come through the intermediary of Multiwonen and owes the sponsor the entire payment, unless the law is against it.
4.3 A rental agreement between tenants and landlord is established after candidate tenant has orally and/or written expressed to wanting to rent the housing at the landlord's announced terms, and the tenant agrees with applicant tenant as a new tenant. 4.4. A rental agreement between tenants and landlord is established after candidate tenant has orally and / or written expressed to wanting to rent the housing at the landlord's announced terms, and the tenant agrees with applicant tenant as a new tenant.
Article 5: General Command
5.1 The sponsor will provide Multiwonen all information and documents that are necessary in the context of the implementation of the contract and the sponsor will guarantee the accuracy.
5.2 The sponsor will notify Multiwonen of the activities and will account for the way in which it has acquitted her tasks. If Multiwonen has received or paid amounts in favour, respectively, charge the sponsor, she will clarify on it.
5.3 Each contract shall be deemed to be given to and accepted by Multiwonen, even if it is the explicit or implied intention of the originator that the assignment is executed by one or more specific employees of Multiwonen. Multiwonen is allowed to have work executed in the context of the assignment (for example specialized construction inspectors), who are not employed by her, as long as the sponsor has granted prior authorisation for it. The operation of article 7: 404 Burgerlijk Wetboek (BW) and article 7: 407 section 2 BW, that establishes a joint and several liabilities if more than one person has received instructions, is being excluded. 5.4 The sponsor refrains from all activities that can cross the command of Multiwonen and/or can impede Multiwonen in the execution of the contract.
Article 6: Height compensation and payment
6.1 The assignment confirmation fee (s) for the work (the remuneration referred to in article 7: 405 or article 7: 426 BW) includes the reimbursement of the expenses, made and to be made by Multiwonen in connection with the contract, unless otherwise in the agreed assignment.
6.2 The remuneration for the work (wage) and the reimbursement of expenses will be invoiced by Multiwonen during the assignment. The amounts referred to in the contract are excluding VAT. The sponsor shall reimburse the assignment turnover taxes, made by Multiwonen. If sponsor will receive payments of third parties through the Office of Multiwonen, the sponsor hereby unconditionally and irrevocably permits Multiwonen to settle the mentioned reimbursements against third-party received payments.
6.3 If the sponsor might withdraw the assignment to mediation to Multiwonen, suspend or terminate due to circumstances, not to be attributed to Multiwonen, before between him and a third party an agreement was reached, then he needs to pay Multiwonen the reimbursement of expenses incurred by Multiwonen, as well as an amount of € 250, which is a reasonable remuneration for the performed work, if there is a chance that finally an agreement would be reached. Multiwonen is also entitled in a rental agreement to charge the sponsor 1 month rent and in case of a contract 1% of the selling price.
6.4 The payment of the invoices should be made 14 days within the invoice date, unless parties have agreed otherwise.
6.5 Multiwonen may, if she deems this necessary, require a deposit from the sponsor before actually start the work. This advance shall be credited with the invoice.
6.6 If an invoice is not paid within the term of payment, then a contractual interest on the invoice amount is owed, equal to the legal interest rate plus 1% per month. If after the first reminder an invoice is not being paid, the sponsor then owes Multiwonen extrajudicial collection charges of 15% over the invoice total with a minimum of $ 250, =. If the invoice has not been paid, Multiwonen has the right, after the originator thereof has been informed, to suspend her work on behalf of the sponsor. Multiwonen is then not liable for the damage that has arisen as a result of the suspension.
6.7 Payment then needs to be done, without the sponsor relying on any discount, set-off or suspension.
6.8 Payment needs to be done in the same manner as indicated on the invoice.
6.9 Multiwonen will transfer the received funds from rent and guarantee, if it concerns a rental agreement, after deduction of costs and wages, within a maximum period of up to 14 working days.
Article 7: Maturity
7.1 The contract is entered for an indefinite period with an effective date, on which the assignment has been granted to Multiwonen.
7.2 The agreement ends (amongst others) by termination or due to the performable work in the context of the assignment have been completed.
7.3 The sponsor is qualified to terminate this agreement at any time, by means of a registered letter or bailiff writ, taking into account a notice period of four weeks.
7.4 Multiwonen qualified to terminate the agreement with immediate effect by means of a registered letter or bailiff writ, if amongst other things (and therefore not only): (a) The sponsor contravenes in violation of any provision of this agreement or any other closed agreements of any kind between Multiwonen and the sponsor, and such an absence has not been lifted within 7 days after the send date of the notice, notwithstanding the right of Multiwonen on full compensation or compliance; b) in case of bankruptcy, (temporary) moratorium, a nod in agreement with creditors or the applicable state of the debt relief arrangements for natural persons; c) If in the opinion of Multiwonen there is a serious disturbance of the relationship between Multiwonen and the sponsor; d) If the sponsor is seriously being discredited; e) If the sponsor is going to be based abroad and this is causing insurmountable problems for Multiwonen; f) ) If it seems that the sponsor has supplied incorrect data in entering the agreement, which are such that, if Multiwonen would have known this information, the agreement would not or not under the same conditions have been closed; g) If there are other circumstances that would reject the continuation of the agreement in the view of Multiwonen.
7.5 Unaffected the obligation of the sponsor to pay the compensation for the work and the expenses, parties do not have the right to derive any compensation when terminating the agreement, unless it is cancelled on the basis of failure.
Article 8: Liability
8.1 Multiwonen has limited liability for the consequences of professional errors. If at performing the contract, in the unlikely event that an event - including a fail - takes place, which leads to liability, then the liability of Multiwonen is limited to the amount of € 5000, 00, or, if the remuneration paid to Multiwonen for the work is greater, is up to an amount equal to that compensation up to a maximum of € 12.000,00.
8.2 The sponsor safeguards Multiwonen against any claims of third parties, including the reasonable costs of legal aid, which in any way are connected with the work undertaken by Multiwonen for the sponsor, unless such claims are the result of gross negligence or intent of Multiwonen.
Article 9: Governing law and competent court
9.1 Dutch law applies to this agreement and any agreements, resulting from it.
9.2 All disputes which arise as a result of this agreement or further arrangements, as a result of it, will be settled by the competent court in Amsterdam.
Article 10: Miscellaneous
10.1 Changes in or deviations from these general provisions, contract(s) concluded between parties (s) and/or additional or different terms are only effective if the parties have laid these down in writing and signed them.
10.2 The invalidity or dissolving of any provision of this agreement does not mean that the agreement in its entirety shall be null or void. Instead of the null or invalid provision parties will arrange for an appropriate arrangement, resulting in of parties approximate as closely as possible and their objective economic result in a legally effective manner.
10.3 The non-imposition by a party of some action in the event of breach of contract in respect of any provision of this agreement by the other party or permitting or tolerating derogation from any provision of this agreement cannot be regarded as distance from the right.
10.4 Insofar as this Convention has not otherwise determined, the rights and obligations, written in this agreement, are not transferable, except with written permission of all parties in this agreement.
10.5 The inscriptions ("heads") above the distinct provisions in the agreement or the general provisions do not approach an independent meaning. These markings are only included for reasons of clarity and do not affect the interpretation of the provisions of this agreement.
10.6 If any provision of the closed agreement(s) between Multiwonen and the sponsor is in breach with any provision of these general provisions, the provision of the agreement(s) will prevail.
The above mention general conditions are translated from Dutch tot English. In case of an incorrect translation or conflict between the languages, the Dutch general conditions will prevail.