Article 1: Definitions

1. Straetus Incasso: a franchise organization based in The Netherlands, Kampen.
2. Contractors: franchisees who perform legal and/or collection activities professionally. This includes lawyers, bailiffs, collection agencies, legal expense insurers, and related companies.
3. Clients: any natural and/or legal person who provides an assignment for specified activities.
4. Activities: all non-official activities to be performed by contractors. This includes activities related to credit management, collection activities, and providing advice.
5. Claim: the amount fully outstanding at any time, including allowed costs and interest.
6. Debtor: a natural and/or legal person who owes money to the client.

Article 2: Applicability

1. The following terms and conditions apply to all services provided by Straetus Incasso franchisees on behalf of their clients. Deviations from these terms are only valid if confirmed in writing between the parties in advance.
2. The client is deemed to have tacitly accepted the general terms and conditions if the client has not disputed the applicability of the general terms and conditions in writing within two days after the date of the assignment confirmation.

Article 3: Assignments

1. Assignments are considered accepted by the contractor if confirmed in writing by the contractor to the client or when the execution of the assignment has begun.
2. The contractor can never be obliged to accept collection and/or other activities. The contractor is entitled to partially or wholly refuse clients and/or assignments.

Article 4: Activities

1. Assignments are carried out at the client's expense and risk. If an assignment does not result in success, predetermined dossier costs will be charged.
2. If there are multiple clients, they are jointly and severally liable for fulfilling their obligations.
3. If an assignment requires the involvement of a bailiff or lawyer for performing official acts, attending (court) hearings, or executing enforcement titles, an additional assignment must be provided.
4. If the contractor is given an assignment to perform collection activities or to obtain payment of an enforcement title, it is free to reach an acceptable payment arrangement with the debtor, unless otherwise agreed in advance.
5. For unusual transactions exceeding €10,000, the contractor is required to report these, for example, if payment is received from someone other than the debtor.

Article 5: Rates

1. Unless expressly agreed otherwise, the contractor will charge a fee for the services rendered, as determined in its rates. These rates are an integral part of these general terms and conditions. The mentioned rates include the costs that may be charged according to applicable legal provisions or the client's general terms and conditions. Additionally, Straetus reserves the right to charge the collected interest to the client so that it can be considered compensation for Straetus. The contractor has the right to charge the client a fee if the client reaches a settlement or arrangement with the debtor without involving the contractor, withdraws the assignment or collection, or does not inform the contractor. These cases are treated as having fully collected the claim.
2. The contractor is entitled to offset amounts received against all that the client owes it.
3. The contractor is entitled to adjust its rates annually based on changes in the Luxembourg C
4. onsumer Price Index (CPI) for all households (2000 = 100%) published by STATEC.
5. All amounts and rates mentioned in these general terms and conditions are exclusive of the applicable VAT. Service contracts are concluded for one year and are renewed unless a written termination is provided. There is a notice period of one month.

Article 6: Liability

1. The contractor is not liable for damage suffered by the client as a result of a shortcoming in the execution of the assignment, unless the damage can be attributed to the contractor due to intent or gross negligence.
2. The contractor is not liable for damage suffered by third parties as a result of actions performed on behalf of the client.

Article 7: Advances

1. The contractor is entitled to require the client to deposit an amount determined by the contractor as an advance to cover the costs incurred.
2. The contractor is entitled to use an amount determined by it as an advance for the costs incurred or to be incurred on behalf of the client from the funds owed to the client.

Article 8: Payment

1. Payment of all amounts owed to the contractor will be withheld from the amounts due to the client. If payment is made otherwise, it must be made within fourteen days after the contractor has sent its invoice to the client, failing which the client will owe interest according to the statutory commercial interest, calculated from the due date.
2. Received amounts will be paid out every Tuesday biweekly, after deduction of the agreed costs.

Article 9: Extrajudicial collection costs

1. If the client fails to make timely payment, the contractor is entitled to increase its invoice – after a reminder – with collection costs, being 15% of the outstanding amount with a minimum of €40, and to recover these costs from the client.

Article 10: Disputes

1. Dutch law applies to the legal relationship between the contractor and the client.
2. The court in the contractor's place of business has jurisdiction to decide on all cases.

Article 11: Amendments to terms

1. Straetus Incasso reserves the right to amend the general terms and conditions.