In these General Terms and Conditions the terms below have the following meaning:
IPN: Incasso Partners Nederland, also trading under the name IncassoPartners.
Stichting Beheer Derdengelden IPN: Trust (account) for the administration of third party funds of IPN. Client: any (legal) person who has an agreement with IPN, who has referred a collection order to IPN, as well as the third party who is legally bound by an order given.
Agreement: any written or oral agreement between IPN and client.
Claim: the full amount due in a collection case.
Debt collection case: the digital case with as base the debt-recovery assignment, as created by IPN.
General Terms and Conditions: the General Terms and Conditions of IPN.
Products: all matters that are the subject of an agreement and the related work. Services: all services that are the subject of an agreement and the related work.
1.1 These General Terms and Conditions apply to and form an inseparable part of all offers made by IPN; agreements concluded with IPN and the performance of them. Derogation from or amendment to the General Terms and Conditions can only take place with IPN’s written consent.
1.2 The applicability of client’s general terms and conditions (or of third parties or other contract parties) is herewith explicitly ruled out. Derogating terms and conditions only apply insofar as they have been explicitly accepted in writing by IPN and only apply for the agreements in question.
1.3 Amendments to these General Terms and Conditions shall be reported to the client in writing, by sending a copy of the new General Terms and Conditions. The amendments apply to all agreements.
1.4 Objections to the applicability of amended General Terms and Conditions to agreements in force must be filed in writing within 14 days of the amended General Terms and Conditions being sent. In the event of objection the old General Terms and Conditions remain in force.
1.5 If any passage in these General Terms and Conditions or any part of the agreement is found to be void at any time, or voided, then the remaining parts of the General Terms and Conditions and the agreement remain in force. Parties shall then arrange a regulation for the void and/or voided passage which is as close as possible to the intention which the parties had with the agreement and the General Terms and Conditions.
1.6 If client concludes an overarching agreement with IPN in order to send in collection cases under certain conditions, then these General Terms and Conditions also apply separately to all orders which are sent to IPN.
1.7 The client who has given an order on behalf of or for account of a third party is jointly and severally liable for the observance of the obligations of this third party, even if this third party was duly represented and therefore may also be deemed to be a client.
1.8 The client guarantees that it is authorised and/or has the power to give an order and indemnifies IPN against all claims by third parties with regard to performance of the order and the use by IPN or any third party, irrespective of the relation of this third party to the client, of anything IPN has delivered to the client or any third party at the client’s request.
2.1 All offers, quotes and notifications by IPN in any form are subject to confirmation and lapse after fourteen (14) days, unless otherwise determined in the offers, quotes and notifications. The offers, quotes and notifications form one whole insofar as the price and other terms and conditions are concerned.
2.2 The acceptance of an offer by the client shows that the applicability of the General Terms and Conditions has been accepted. If the applicability of the General Terms and Conditions is not accepted, the client shall report this explicitly in writing on acceptance. Such acceptance applies as a new offer.
2.3 If IPN accepts deviating stipulations from these General Terms and Conditions for an agreement, these deviating stipulations apply only for the agreement concerned. Addition or amendment to already concluded agreements is only possible with IPN’s explicit written consent.
2.4 IPN is authorised to refuse an order, and without providing reasons.
2.5 An agreement is deemed to have been concluded after IPN has confirmed the agreement in writing or in the absence thereof after IPN has commenced the work on which the agreement is actually based.
2.6 Agreements which apply for a certain period shall be automatically extended tacitly each time for the same period. Termination of such agreements must take place by registered letter, observing a period of notice of at least two (2) months before commencement of the new contract period.
3. TIME PERIODS AND CONFIDENTIALITY
3.1 The delivery periods indicated by IPN, in whatever sense, are only an indication and do not give the client, in the event that these periods are exceeded, the right to suspend or refuse payment, or any right to compensation.
3.2 A minor exceeding of said period does not entitle the other party to proceed to dissolution of the agreement, unless the set term was explicitly agreed as a deadline in writing.
3.3 Parties are required to keep confidential all confidential information which they receive from each other or other sources in the scope of the agreement, irrespective of whether this is of a written or oral nature and from
whom it was derived. Information applies as confidential if such has been stated by the other Party or if the confidentiality is obvious from the nature of the information.
3.4 IPN reserves the right to use client’s name and logo as a reference and as such to publicise it.
3.5 The (personal) data which is provided via the sites of IPN to IPN will be treated confidentially. The provided data will be laid down in a file. This data will not be made available to third parties.
3.6 IPN only keeps and uses e-mail addresses which are provided to it directly or whereby on provision thereof it is clear that they were provided to it. IPN only uses an e-mail address for the reason it was given to it and further for other marketing or service objectives within its own array of services. This consent may be withdrawn at all times via the IPN site or by informing IPN of this in another way.
4.1 A collection order concerns the collection of one (1) specified claim from one (1) specified debtor at one (1) specified address, all this as specified by the client when submitting the order. In the event of deviation to and amendment of the data as laid down in the order, IPN is authorised to charge additional costs.
4.2 The client submits a proper claim to IPN for the collection order; this means that it guarantees that:
a. the claim is independent and there are no claims pursuant to an as yet unfulfilled or improperly fulfilled counter performance;
b. there is no case of prescription of the claim;
c. the claim right of the client can explicitly be proven;
d. a clear demand has been made to the debtor for costs and interest;
e. there is no case of bankruptcy or moratorium of payments at the debtor concerned;
f. the claim has not previously been referred to a third party;
g. there is no case of any other situation meaning that client cannot claim the claim submitted.
4.3 Simultaneously with the collection order the client shall provide IPN with all necessary data and documentary evidence in the form of copies, which include: a. copies of the delivery terms which apply;
b. copies of the agreement on which the claim is based;
c. copies of all other relevant documents, including the invoice, the reminders and demands stating costs and other correspondence with the debtor.
4.4 The client ensures that the file for IPN is complete and guarantees the accuracy of the documentary evidence.
4.5 IPN scans all documents and papers received. IPN does not keep original documents.
4.6 In the event of violation of the provisions of Articles 4.2 and 4.4, if a fixed price has been agreed for the services, the client shall owe this agreed price at once and if commission was agreed on, the agreed commission on the claim at once. Additionally the client forfeits a fine of thousand euro (€1.000,00). IPN can then in that case deem the order to have been completed and close the file.
5.1 IPN has an obligation to perform to the best of its ability and therefore can never be held to or held liable for a certain collection result.
5.2 If client orders IPN to collect a claim, it authorises IPN in its name to take all required collection measures which IPN deems necessary. This authorisation includes:
a. approaching the debtor in writing and by telephone;
b. charging interest and costs on behalf of the client;
c. receiving monies;
d. agreeing on reasonable repayment arrangements with regard to the circumstances of the case;
e. giving a reasonable payment extension to the debtor depending on the circumstances of the case;
f. the non-judicial procedure is, inter alia, in writing and by telephone, and runs, in principle, over a period of six (6) months, unless otherwise agreed in the agreement and/or if IPN otherwise assessed in the circumstances of the case.
5.3 IPN is permitted to engage third parties in the performance of an agreement.
5.4 Client has no control over the manner in which the collection assignment is carried out by IPN.
5.5 In the calculation of costs and interest IPN proceeds from the sum of the outstanding invoices. If there is a case of administration costs in the invoices filed, (however called) and interest which was charged by client, IPN is free to exclude these costs from the claim.
5.6 As soon as the assignment has been given the client must refrain from contact with the debtor. Client is required to refer the debtor to IPN and it must inform IPN of this referral immediately.
5.7 If IPN requests additional information or instructions during the assignment, the client shall ensure that this information or these instructions are provided immediately.
5.8 If the client receives information concerning the file submitted for collection during the collection procedure, it must report this immediately.
5.9 The client must refrain from the following:
a. hindering IPN’s work;
b. concealing or keeping back information;
c. not providing the data or information requested within seven (7) days;
d. being in contact with the debtor with regard to the file submitted in any way;
e. submitting the file submitted to a third party as well;
f. transferring the claim referred for collection to a third party.
5.10 It is not possible for the client to temporarily stop the activities (put on hold) during the collection order. Client must in that case cancel the assignment, which will be finalized in accordance with Article 6.5 sub (b).
5.11 In the event of violation of the provisions of Articles 5.6, 5.7, 5.8 and 5.9, if a fixed price has been agreed for the services, the client shall owe this agreed price at once and if commission was agreed on, the agreed commission on the claim at once. Additionally the client forfeits a fine of thousand euro (€1.000,00). IPN can then in that case deem the order to have been completed and close the file.
5.12 The mere suspicion at IPN of a situation as referred to in Article 5.9 gives IPN the right to claim the payment as referred to in Article 5.10.
6. COLLECTED AMOUNTS
6.1 Collected amounts shall mean the amounts which were paid to IPN or the IPN Trust (account) of the Third Party Funds.
6.2 Collected amounts shall also mean the amounts paid directly to client during the mediation. Payments received by client on the same day that the claim is referred and/or received by IPN are also included.
6.3 Client must inform IPN of payments directly to client on the day of receipt, stating the value date and the amount of these payments.
6.4 Payments received by client from a debtor will always be used to reduce the file which IPN is dealing with.
6.5 Collected amounts shall also mean the amounts which the client reduces the claim by during the handling of the order, such as in the event of for example: a. crediting or lapsing of invoices;
b. cancelling the collection assignment;
c. accepting return goods;
d. settling payments received before the intervention of IPN;
e. accepting a settlement;
f. compensating claims;
g. accepting a counter performance from a debtor;
h. or other cases in which the client (partially) renounces a claim to the claim referred for collection to IPN. In such cases commission will be calculated on the amount which the due amount is reduced by.
6.6 Client must inform IPN within seven (7) days with regard to a payment as meant in Article 6.2 or a reduction in the claim as meant in Article 6.5. If this information is not passed on within seven (7) days of receipt of the payment or the reduction of the claim to IPN, the client shall forfeit a fine of thousand euro (€1.000,00).
6.7 The client moreover owes commission if the claim is paid within two (2) months of termination of the collection order, or after two (2) months or longer if the payment can be traced back to IPN’s intervention.
6.8 IPN can pass on certain costs directly to debtor, for example registration or payment plan costs. These costs are only passed on to client if they are actually paid by debtor.
6.9 IPN bases the amount of the collection costs on the Dutch Rapport Voorwerk II-report or on the agreement between client and debtor. If the collection costs are determined based on the agreement between client and debtor, and these costs are paid by debtor, and these costs exceed the amount that IPN charges on in commission to client, then IPN can have these costs apply as the commission. After collection IPN pays out to client no more than the principal and interest. Any costs paid in excess are deemed to be commission.
6.10 If in an international collection order, IPN, and/or third parties assigned by IPN, collects extra costs from the debtor addition to the principal and interest, then these extra collected costs will accrue to IPN.
6.11 If the collection case is followed by legal proceedings, by IPN or a third party engaged by IPN (such as a lawyer) then fees as well as commission shall be charged. Other costs such as court fees, investigation costs, bailiff’s fees and lawyer’s fees shall be charged onto client.
6.12 IPN can offer client in a case to start a legal procedure for a fixed fee. This legal procedure includes the preparation and issuing of the court summons, and the preparation, handling and attending of the court appearance. Any additional work and appeared costs are not covered by the fixed fee agreement.
6.13 If client, after instructing IPN to start the legal procedure, withdraws this instruction, client is charged for the occurring costs.
7. COMPLETION OF ORDER
7.1 IPN and the IPN Trust (account) of the Third Party Funds shall transfer amounts received for client after deduction of commission and costs to a bank or giro account indicated by the client. The payments will be made in the last week of the next month.
7.2 In the event of repayment in instalments, the transfer takes place once the repaid amount exceeds thousand euro (€1.000,00). If client wishes to receive more frequent transfers, IPN is entitled to charge additional costs.
7.3 IPN and the IPN Trust (account) of the Third Party Funds are not liable for any currency, value and/or conversion differences which arise during or after the performance of the collection assignment. Currency, value and conversion differences are for client’s expense.
7.4 IPN is free to close a file due to uncollectable claims without further explanation.
7.5 All data provided by IPN is exclusively intended for the client and for its internal and discrete use. Client is required to keep all information provided by IPN confidential and not to transfer it or to make it available to third parties.
7.6 IPN is not required to return the documents made available in the scope of the collection order to the client. The client cannot make claims to the file compiled by IPN. The compiled file will be destroyed twelve (12) months after it has been closed.
8. RATES AND PRICES
8.1 IPN’s rates/prices exclude VAT and other levies, whether or not imposed by the government. IPN is authorised without stating reasons to charge different rates and prices to different clients.
8.2 The rates/prices are listed in the agreement and/or the applicable rates/price lists.
8.3 IPN at all times has the right to change rates/prices by issuing a new rate/price list. The new rates/prices also apply to the current agreements. IPN will issue the new price list one (1) month before the effective date thereof to the client. The client may terminate the agreement if the change in rate/price amounts to an increase of ten percent (10%) or more. This right to terminate the agreement expires if the client does not terminate the agreement, in writing by registered letter, within one (1) month after the new price list has been issued to client.
8.4 If a rate/price increase occurs during an agreement which could not be foreseen due to its nature and scope, IPN is authorised to charge this rate/price increase accordingly in the agreed rate/price.
8.5 If there is a commission agreement, the commission charged by IPN is owed irrespective of the nature, scope and extent of the work/activities of IPN.
8.6 IPN is authorised to ask for an advance payment for the work to be carried out.
9.1 Payments of invoiced amounts are to be remitted without any deduction or settlement and irrespective of whether the handling of the order continues, within fourteen (14) days of invoice date. The payment date is determined by the value date reported by the bank.
9.2 Exceeding the payment term entitles IPN to a payment of default interest of one percent (1%) per month or part thereof. Any other issued invoices for which the payment term has not yet been provided are also due in full immediately.
9.3 If client does not pay despite demands, client owes all judicial and extrajudicial costs. IPN is entitled to charge ten euro (€10,00) per demand in administration costs. The collection costs consist of fifth teen percent (15%) of the claim including the interest, with a minimum of two hundred euro (€250,00) excluding turnover tax.
9.4 IPN is entitled to settle outstanding invoices with monies which it has in its possession of the client concerned for whatever reason.
10.1 Complaints must be lodged with IPN in writing and within eight (8) days of the invoice date. After this date complaints lodged or complaints lodged otherwise have no juristic effect.
10.2 For complaints with regard to claimed hidden defects (which include those defects which client did not or could not discover by accurate inspection) the term is deemed to commence at the time that the client discovers or could have discovered the established defects.
11.1 The extrajudicial and legal collection within the Netherlands and internationally takes place for full account and risk of client. Client indemnifies IPN against claims from third parties with regard to wrongful act or breach of contract, arising from the collection assignment.
11.2 If client engages IPN for the handling of an international collection matter, then client gives IPN power of attorney in client’s name to refer this collection assignment to a third party foreign collection intermediary. In that case IPN represents the client. In that case the agreement is concluded directly between the client and the third party.
11.3 Any liability of IPN is limited to the amount that would be paid out in the case under its professional liability insurance. If the work is fully or partially carried out by third parties (in the Netherlands and abroad) IPN is not liable for inter alia negligence, default or breach of contract by these third parties and client must apply directly to the third party considering that client has engaged IPN as representative.
12. FORCE MAJEURE
12.1 In the event of force majeure which also includes interruptions in operations, break down of equipment, fire, strike or hindrance as the result of government measures as well as non-observance by third parties of their obligations towards IPN, IPN is entitled to postpone the work until the circumstances causing force majeure have lapsed or to cancel the agreements. In both cases the client has no claim to compensation.
13. DISPUTES AND APPLICABLE LAW
13.1 The agreements are governed by Dutch Law. Disputes shall be presented to the court having jurisdiction in The Hague, the Netherlands.