General Terms and Conditions
General terms and conditions of Back 2 Business B.V., having its registered office in Uithoorn, the Netherlands, (Chamber of Commerce No. 589998055) and hereinafter referred to as ‘B2B’.
1. Scope of application
Unless otherwise agreed, these general terms and conditions of B2B shall govern all contracts which it awards for the performance of work.
Intermediaries are clients who perform legal or debt collection work professionally. They are deemed to include lawyers, bailiffs, and debt collection agencies.
Clients are customers who are not intermediaries and who engage B2B.
Work is any which is performed for the purposes of credit management, international or other debt collection work, the provision of advice and assistance or any related work. Services:
1. accounts receivable management – client data connection and the management of accounts receivable on behalf of clients, which does not include debt collection work in respect of which payments are made directly to clients;
2. international debt collection – intermediation for the purposes of dealing with cross-border debt collection involving the engagement of other foreign parties;
3. house visits – visiting clients’ business associates (or arranging for this to be done) and the establishment or restoration of contact between clients and their business associates;
4. debt recovery reporting – intermediation for the purposes of obtaining debt recovery and investigative reports;
5. observation and investigative work (investigations) – intermediation for and the provision of services by accredited firms; observation and detective work in the case of absenteeism, adultery, for business purposes or in order to observe and collect evidence;
6. purchasing creditors’ accounts receivable;
7. litigation funding – financing legal proceedings in return for a share of the yield.
3.1 B2B shall be deemed to have consented to being engaged, provided that it provides the relevant client with written confirmation or where it commences the execution of the contract concerned. B2B shall at any rate be deemed to have commenced the execution of a contract at such time as it acts as a service provider in relation to a third party. 3.2 Any engagement of one or more parties associated with B2B shall be deemed to amount to the engagement of B2B.
4.1 Any work or legal measure shall always be effected at the relevant client’s risk and expense.
4.2 Where there are multiple clients, they shall be severally liable for compliance with their obligations.
4.3 B2B shall be at liberty to engage any other party – which is deemed to include a bailiff or a lawyer (abroad or elsewhere) – to perform any official act, to execute an enforcement order and/or to conduct legal proceedings. B2B may charge the relevant client for these expenses in advance.
5.1 B2B shall charge a fee for the work which it performs as set out in its rates. These rates shall constitute an integral part of these general terms and conditions.
5.2 B2B shall also be entitled to charge a client the fees to which it is entitled in accordance with its rates in the event that the client enters into a composition or settlement with a debtor to the exclusion of B2B, revokes instructions for international or other debt collection, or leaves B2B without notice in spite of a notice of default. These cases shall be deemed to be equivalent to the collection of the entire claim in question.
5.3 B2B shall be entitled to set off any amount which it receives against all that the relevant client owes it.
5.4 B2B shall be entitled to adjust its rates every year based on any variation of the monthly consumer price index (CPI) figure for the CPI series, all households (2000=100), published by Statistics Netherlands [Centraal Bureau voor de Statistiek] (CBS).
6.1 B2B shall not be liable for any harm which a client suffers as a result of a failure to comply with the relevant contract – whether caused by any other party or not – unless it can be held culpable for that harm pursuant to a wilful act or omission, or gross negligence. B2B is independent of any assistance, services or supplies provided by other parties (whether abroad or elsewhere), over which it is able to exert little or no influence. For this reason B2B may not in any way be held liable for any harm whatsoever pursuant to a relationship with it or the collapse thereof or whether such harm originated or became visible during that relationship with it.
6.2 B2B shall not be liable for any harm suffered by another party as a result of any action which it performs explicitly at a client’s request.
6.3 B2B shall not accept any liability except where any mandatory liability insurance taken out confers entitlement to a payout as the case may be.
7. Advance payments
7.1 B2B shall be entitled to issue an invoice as it determines to secure an advance payment to cover the costs that are to be incurred.
7.2 B2B shall be entitled to withhold an amount which it determines from any monies which it comes to owe a client and to use that sum as an advance payment for the costs which B2B has incurred or is still to incur for that client.
All that B2B is owed must be paid within fourteen (14) days after B2B has issued a bill to a client, in the absence of which the latter shall be liable to pay default interest amounting to 1% per month as of the due date.
9. Extrajudicial expenses
In the event that a bill is not paid within fourteen (14) days after it has been issued, the relevant client shall be in default of payment by operation of the law. The client shall be liable for extrajudicial debt collection costs in addition to the principal sum as of that point in time. The extrajudicial expenses shall be calculated in accordance with B2B’s normal rates subject to a minimum of €100.00.
All collected amounts less any other costs owed shall serve as the basis for the calculation of the fee. Irrespective of who pays them, all collected sums shall be deemed to amount to all sums that have been paid to the relevant claimant and intermediary, provided that such payment has occurred after instructions have been issued to secure settlement. Any other performance rendered by a debtor or any other party to the relevant claimant or intermediary to pay an international claim which has been outsourced for collection shall be deemed to be identical to payment.
11. Fee for additional work
Rates In the event that B2B is issued with additional instructions and/or the scope of the relevant work changes, the parties concerned shall agree that the fee payable for it shall be determined on the basis of subsequent costing. It may be assumed that instructions have been issued for additional work where it is carried out for the relevant client in the customary manner without any protest from them, provided that the client ought to have understood that work was involved which was not covered by the original contract and there was no reason for the client to assume that B2B had performed that work free of charge (especially but not solely in a situation in which files or essential information had not been supplied in full). The hourly rate for such work shall amount to €95.00, provided that the instructions were executed on a working day and not a national or other public holiday (between 7 am and 8 pm on Mondays to Fridays). The hourly rate shall amount to €190.00 (2021 price) outside these hours and days.
All of the amounts referred to in these terms and conditions are exclusive of any value added tax payable on them.
The legal relationship between B2B and a client shall be governed by and construed in accordance with the law of the Netherlands.
Back 2 Business B.V.
Postal and street address
Handelsweg 33 1422 DW Uithoorn