Terms and Conditions

Name: Online Mortgage Advice
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Article 1: General Provisions

These general terms and conditions apply to, and form part of, all offers made by Start Goed Hypotheekadvies and all agreements—including any subsequent assignments—entered into between Start Goed Hypotheekadvies, with its registered office and place of business at Thomas Morelaan 9, 2135WC Hoofddorp, hereinafter referred to as “Start Goed Hypotheekadvies,” and its client, whereby Start Goed Hypotheekadvies and/or any of its affiliated companies provide goods and/or services of any kind to the client, even if such goods and/or services are not (further) described in these terms and conditions.
These general terms and conditions apply not only to Start Goed Hypotheekadvies, but also to its directors and to all persons involved in the performance of the engagement and/or who bear any liability in connection therewith. Their applicability shall continue even if the aforementioned directors and/or persons are no longer employed by Start Goed Hypotheekadvies.
For the purposes of these general terms and conditions, the “client” of Start Goed Hypotheekadvies is defined as the person to whom Start Goed Hypotheekadvies has provided a quote, made an offer, or with whom it has entered into an agreement. This may be either a legal entity or a natural person.
For the purposes of these general terms and conditions, “in writing” means: by letter, by email, via WhatsApp, or by any other means of communication that, in light of the state of the art and generally accepted practices, may be deemed equivalent thereto.
Deviations from and/or additions to these general terms and conditions are valid only to the extent that they have been expressly agreed upon in writing between the client and Start Goed Hypotheekadvies. The client may not derive any rights from these deviations for future agreements. Any purchasing or other terms and conditions of delivery to which the client refers upon acceptance of an offer or quotation or upon the conclusion of an agreement do not apply, unless they have been accepted by Start Goed Hypotheekadvies without reservation and in writing.
If any provision of these general terms and conditions is invalid or is held to be invalid, the remaining provisions of these general terms and conditions shall remain in full force and effect.
In the event that the content of written agreements made between Start Goed Hypotheekadvies and the client differs from the provisions set forth in these general terms and conditions, the written agreements shall prevail.
Assignments given to Start Goed Hypotheekadvies are best-efforts obligations. They are expressly not obligations to achieve a specific result, unless the nature of the assignment or the parties’ written agreement indicates otherwise.
Start Goed Hypotheekadvies is authorized to refuse any assignments submitted to it without providing a reason, even after it has sent the client a quote for the performance of services. An assignment is not considered to have been concluded until Start Goed Hypotheekadvies has accepted the assignment in writing or has begun to perform it.
A digital message (including text messages and WhatsApp) sent by the client to Start Goed Hypotheekadvies is not considered to have been received by Start Goed Hypotheekadvies until Start Goed Hypotheekadvies confirms receipt in writing to the client. If the client has not received a confirmation of receipt within 48 hours of sending the message, the client must verify with Start Goed Hypotheekadvies whether the message has actually reached them. An automatic confirmation of receipt—whether digital or not—sent by Start Goed Hypotheekadvies to the client is under no circumstances considered a confirmation of receipt.
Any general information provided by Start Goed Hypotheekadvies to the client in any manner whatsoever—whether or not at the client’s request—is non-binding and shall never be considered advice provided by Start Goed Hypotheekadvies in connection with an engagement entrusted to it, unless otherwise agreed in writing between the parties.
Any deadlines of any kind specified by Start Goed Hypotheekadvies shall never be considered strict deadlines, unless otherwise agreed in writing.
These terms and conditions apply not only to Start Goed Hypotheekadvies, but also to all persons involved in the performance of the assignment and/or who bear any liability in connection therewith.
All claims and other rights of the client, on whatever grounds, against Start Goed Hypotheekadvies in connection with work or services performed by Start Goed Hypotheekadvies shall in any event expire five years after the date on which the client became aware of, or could reasonably have become aware of, the existence of such claims and rights.
Start Goed Hypotheekadvies is entitled to unilaterally amend the content of these general terms and conditions at any time. In the event that Start Goed Hypotheekadvies makes such an amendment, it shall notify the client thereof and simultaneously send the amended general terms and conditions. The client is entitled to object to the applicability of the amended terms and conditions within 30 days of the date on which he was notified of the relevant changes. In that case, the parties will consult on the content of the applicable general terms and conditions. If the client does not object to the amended content of the general terms and conditions, they shall govern the agreements made between the parties as of the date specified by Start Goed Hypotheekadvies.

Article 2: Recommendations, Proposals, and Quotations.

Calculations made by Start Goed Hypotheekadvies regarding the costs of a financial product and their potential impact on the client’s monthly payments are always preliminary and indicative. They are also subject to interim changes in interest rates and premiums. Only after a provider has issued a quote that has been accepted by the client can Start Goed Hypotheekadvies provide the client with a final statement of the monthly payments.
The advice provided by Start Goed Hypotheekadvies to the client is a snapshot of the current situation and is based on simplified assumptions regarding the laws and regulations in effect at that time. Only after a provider has submitted a quote that has been accepted by the client can Start Goed Hypotheekadvies provide the client with a definitive statement of the monthly payments.
Quotes and rates presented to the client by Start Goed Hypotheekadvies on behalf of a provider are non-binding and subject to acceptance by the provider in question, unless expressly stated otherwise in those quotes and rates.

Article 3: Third Parties

All assignments are accepted and carried out exclusively in derogation from Articles 7:404 and 7:407(2) of the Dutch Civil Code. This also applies if the client expressly or implicitly places the assignment with the intention that it be carried out by a specific person. Any additional costs associated with engaging third parties will be charged to the client.
If Start Goed Hypotheekadvies engages third parties to carry out the assignment given to it by the client, Start Goed Hypotheekadvies will consult with the client in advance as much as possible. Start Goed Hypotheekadvies will exercise due diligence in selecting these third parties. Start Goed Hypotheekadvies is not liable for any shortcomings on the part of these third parties.

Article 4: Fees and Payment

The parties shall agree in writing, upon entering into the engagement, on the method of payment of Start Goed Hypotheekadvies’s fee. The fee may: • either be included in the amounts to be charged to the client (whether or not on behalf of a provider), • or an hourly rate may be agreed upon, • or a fixed fee may be agreed upon. • or a combination of the above options.
In the event that the parties have not made separate agreements regarding the provisions of the preceding paragraph, the fee for Start Goed Hypotheekadvies is included in the premiums payable by the client to the provider. The provider shall pay this fee to Start Goed Hypotheekadvies.
Changes in taxes and/or levies imposed by the government will always be passed on to the client. Changes in the prices of materials and/or services and/or other costs necessary for the assignment that occur after the assignment has been accepted may be passed on to the client. Price changes also include changes in wages and social security contributions.
In cases where Start Goed Hypotheekadvies operates on a fee-for-service basis, Start Goed Hypotheekadvies reserves the right in all cases to request an advance payment, in which case work or services will not commence until the client has paid the relevant advance invoice.
Start Goed Hypotheekadvies reserves the right to charge the client for any additional work required as a result of incorrect output from the provider for complex and high-impact products. The client may be able to recover these costs from the provider under the Remediation Costs Scheme of the Dutch Association of Insurers.
Payment by the client of premiums and amounts invoiced to him by Start Goed Hypotheekadvies must be made without any deduction or discount and without the client having any right to set-off or suspension, within 14 days of the invoice date, unless otherwise agreed in writing. If the client consists of multiple natural persons and/or legal entities, each of those persons is jointly and severally liable to pay the amounts due under the agreement.
If the client fails to pay, or fails to pay on time, the premiums and/or interest charges billed to him, this may result in the insurance policies and/or provisions he has taken out through Start Goed Hypotheekadvies failing to provide coverage for the insured risk, or in the provider proceeding with a foreclosure sale of the real property to which the mortgage relates. The client hereby acknowledges this.
If the client fails to make payment within the applicable payment term, the client shall be deemed to be in default by operation of law. In that case, the client shall owe interest at a rate of 1% per month, with any portion of a month counting as a full month, unless the statutory interest rate is higher, in which case the statutory interest rate shall apply. Interest on the amount due shall be calculated from the moment the client is in default until the full amount has been paid.
All costs, both judicial and extrajudicial, related to the collection of amounts owed by the client and not paid on time, shall be borne by the client. The extrajudicial collection costs owed by the client shall not exceed €6,775.00 and shall be determined in accordance with the following scale: • On the first €2,500.00: 15%, with a minimum of €40.00; • On the next €2,500.00: 10%; • On the next €5,000.00: 5% • On the next €190,000.00: 1% • On the remaining amount: 0.5%
With regard to partial payments made by the client, the provisions of Article 6:44 of the Dutch Civil Code apply, even if the client states that the payment relates to a (subsequent) invoice.
In the event of non-payment or late payment by the client of any invoice issued by Start Goed Hypotheekadvies, as well as in the event that the client’s financial circumstances reasonably give cause to do so, as determined at the discretion of Start Goed Hypotheekadvies, Start Goed Hypotheekadvies is entitled to suspend further performance of the engagement until the client has provided sufficient security to ensure proper payment, to the satisfaction of Start Goed Hypotheekadvies.

Article 5: Client’s Duty to Provide Information

The client is obligated to provide Start Goed Hypotheekadvies, at all times—whether requested or not—with all relevant information necessary for the proper execution of the assignment entrusted to it. This includes, but is not limited to, situations in which changes occur in the client’s family composition, income, financial situation, etc., such that Start Goed Hypotheekadvies would need to adjust its advice accordingly or that financial products already purchased may no longer be adequate. Start Goed Hypotheekadvies can only fulfill its duty of care toward the client if the client strictly complies with the aforementioned duty to disclose information.
If the client fails to provide Start Goed Hypotheekadvies with the information necessary for the performance of the agreed-upon service or assignment—or fails to do so in a timely manner or in accordance with the agreements made—or if the client otherwise fails to fulfill its obligations (including those regarding the provision of information), Start Goed Hypotheekadvies is authorized to suspend the performance of the assignment.
The client is solely responsible for the accuracy and completeness of all information provided to Start Goed Hypotheekadvies. If the failure to provide information in a timely, accurate, or complete manner results in Start Goed Hypotheekadvies having to spend more time or incur additional costs in carrying out the assignment, Start Goed Hypotheekadvies will charge the client for the fee associated with that additional time and/or the additional costs incurred.
If it subsequently turns out that the client provided incorrect or incomplete information on the basis of which Start Goed Hypotheekadvies carried out the assignment, the provider may, pursuant to its (general) policy terms and conditions, be entitled to terminate the insurance or the loan (with immediate effect), or may be entitled to decide not to compensate for any damages incurred.
The client shall ensure that any data storage media, files, etc., provided to Start Goed Hypotheekadvies are free of viruses and defects.

Article 6: Complaints

Start Goed Hypotheekadvies is registered with the Financial Services Complaints Institute (KIFID) under number 300.018656. Any dispute arising from quotes, offers, and engagements to which these terms and conditions apply may, at the client’s discretion, be submitted for binding arbitration to the Financial Services Disputes Committee, in accordance with the rules of the Financial Services Disputes Committee (KiFiD) in effect at the time the matter is brought before the committee. Start Goed Hypotheekadvies agrees in advance to abide by any binding decision issued by the Financial Services Dispute Resolution Committee.
The client is obligated to verify, immediately upon delivery/performance/completion by Start Goed Hypotheekadvies (including invoicing by Start Goed Hypotheekadvies to the client), whether what has been delivered/performed/completed complies with the agreement. If this is not the case and the client fails to notify Start Goed Hypotheekadvies in writing within 60 days of the delivery, performance, or completion of services by Start Goed Hypotheekadvies, the client forfeits all rights regarding any breach of contract related to the failure of the delivered goods or services to comply with the agreement. In that case, it shall be deemed proven between the parties that Start Goed Hypotheekadvies’s performance complies with the agreement.

Article 7: Liability

Any liability on the part of Start Goed Hypotheekadvies is limited to the amount paid out in the relevant case by Start Goed Hypotheekadvies’s professional liability insurance, plus the deductible under that insurance.
In the event that Start Goed Hypotheekadvies’s professional liability insurance, as referred to in this article, does not provide coverage in a specific case, any liability of Start Goed Hypotheekadvies is limited to no more than the total fee charged to the client in connection with the engagement that gave rise to the damage, or the most recent annual premium invoiced by the provider, up to a maximum of €5,000.
Third parties may not derive any rights from the content or outcome of the work performed or services rendered for the client.
The client is obligated to provide Start Goed Hypotheekadvies with accurate, complete, and timely information, failing which the client forfeits any and all claims, however named and on whatever grounds. The client shall indemnify Start Goed Hypotheekadvies against any claims by third parties if the client fails to fulfill the aforementioned obligation.
Start Goed Hypotheekadvies is never liable for indirect or consequential damages.
Start Goed Hypotheekadvies shall never be liable for any damages whatsoever arising from errors in software or other computer programs used by Start Goed Hypotheekadvies, unless Start Goed Hypotheekadvies can recover such damages from the supplier of the software or computer programs in question.
Start Goed Hypotheekadvies shall in no event be liable for any damages whatsoever arising from the client’s failure to pay, or failure to pay on time, the premiums charged to the client for insurance policies or provisions taken out by the client following mediation by Start Goed Hypotheekadvies, despite a proper demand for payment from Start Goed Hypotheekadvies.
Start Goed Hypotheekadvies shall not be liable for any damages whatsoever resulting from the expiration of a financing contingency agreed upon by the client and the other party.
Start Goed Hypotheekadvies shall not be liable for any damages whatsoever resulting from the provider’s failure to ensure, or failure to ensure in a timely manner, that the documents required for the execution of the mortgage deed are ready and/or that the funds are deposited with the notary, or are deposited in a timely manner.
Start Goed Hypotheekadvies shall not be liable for any damages incurred by the client or third parties that result directly or indirectly from a (disappointing) change in the value of financial products and/or (disappointing) results, returns, profitability, etc., of financial products. Furthermore, Start Goed Hypotheekadvies is not liable for damages suffered as a result of errors or inaccuracies in forecasts provided by third parties—including any provider—regarding expected results, returns, profitability, and the like.
The provisions of this article do not affect Start Goed Hypotheekadvies’s liability for damages caused by the willful misconduct or recklessness of Start Goed Hypotheekadvies or its employees.

Article 8: Force Majeure

The parties are not obligated to fulfill any obligation if they are prevented from doing so as a result of circumstances that are not attributable to fault and that are not attributable to either party under the law, a legal act, or generally accepted business practices.
In these general terms and conditions, “force majeure” is defined as, in addition to what is understood by that term in law and case law, all external causes, whether foreseeable or unforeseeable, over which Start Goed Hypotheekadvies has no control, but which prevent Start Goed Hypotheekadvies from fulfilling its obligations. This includes strikes at Start Goed Hypotheekadvies.
A failure by Start Goed Hypotheekadvies to fulfill an obligation shall in no event be deemed attributable to it, nor shall it bear the risk thereof, in the event of default and/or failure on the part of or by its suppliers, subcontractors, carriers, and/or other third parties engaged by it; in the event of fire, strike or lockout, riots or civil commotion, war, government measures—including export, import, or transit bans—frost, and any other circumstances of such a nature that Start Goed Hypotheekadvies can no longer be expected to fulfill its obligations.

Article 9: Confidentiality and Protection of Personal Data

The parties are obligated to maintain strict confidentiality with respect to all confidential information to which the parties or persons they engage in the performance of this agreement have access. Confidential information shall, in any event, include all materials (including hardware and software), documents, ideas, data, or other information that:
(a) relates to the other party’s research and development, trade secrets, or business information;
(b) that has been designated as confidential and disclosed to the other party in connection with the performance of this agreement.
The following information is not considered confidential:
(a) that was already known to the other party prior to the conclusion of the agreement;
(b) that is or becomes generally known through no fault of the receiving party;
(c) that was lawfully obtained by the receiving party from a third party who, by disclosing such information, has not breached any duty of confidentiality owed to the other party;
(d) that was independently developed by the receiving party.
Personal data provided by the client to Start Goed Hypotheekadvies will not be used by Start Goed Hypotheekadvies for, or disclosed to, third parties for any purpose other than the performance of the assignment entrusted to it or for mailings and the like to be sent by it to the client, except to the extent that Start Goed Hypotheekadvies is required by law or public policy, in the course of its business operations, to disclose such data to a designated authority.
Start Goed Hypotheekadvies retains all information received from the client for the duration of the agreement and stores it securely. Start Goed Hypotheekadvies takes all reasonable measures to prevent the loss of or unauthorized access to this information (for example, due to viruses, technical malfunctions, cybercrime, etc.).
Start Goed Hypotheekadvies shall never be liable for the loss or destruction of the aforementioned information—whether or not caused by cybercrime—unless this is attributable to willful misconduct and/or gross negligence on the part of Start Goed Hypotheekadvies. The client shall ensure that a copy of the information provided to Start Goed Hypotheekadvies is always retained.

Article 10: Governing Law and Disputes

All offers, quotations, and assignments from Start Goed Hypotheekadvies are governed by Dutch law.
All disputes between the parties shall be submitted exclusively to the competent court in the Netherlands, except for the option available to the client, as set forth in Article 6 above, to submit the dispute to the Financial Services Disputes Committee.