In2Matrix Netherlands B.V. (In2Matrix) provides certain financial services that require a license under the Financial Supervision Act (Wet financiëel toezicht - Wft). The Netherlands Authority for the Financial Markets (AFM) has granted In2Matrix Netherlands BV a license under number 12047058.
The Client and In2Matrix, jointly referred to as the Parties, record the agreed rights and obligations in writing in a Service Agreement. A number of arrangements apply to all Clients and are recorded here in the General Terms and Conditions. These General Terms and Conditions are inextricably linked to the Service Agreement. Together referred to as the Agreement.
1. In2Matrix Working Method and the Parties’ Obligations
1.1 In2Matrix will make every effort to perform the work agreed in writing in a careful, professional and efficient manner.
1.2 If, during the formation and/or execution of the Agreement, facts or circumstances arise that (could) negatively affect the progress of the services or the result thereof, the Parties will inform each other of this as soon as possible.
1.3 The Client must ensure that all data, including those resulting from changes in the Client's policy, organisation or business operations, which In2Matrix indicates or which the Client should reasonably understand are necessary for In2Matrix to perform its work, are provided to In2Matrix in writing in a timely manner. The Client guarantees that the data provided by it is correct and complete.
1.4 In2Matrix will make every effort to perform the services within the agreed schedule. However, this schedule and the (partial) terms included therein can never be regarded as strict (or peremptory) deadlines.
1.5 In2Matrix has the right to replace the advisor(s) or employee(s) it has deployed. In2Matrix will make every effort to deploy (a) replacement(s) with a comparable level of education and experience and to guarantee the continuity and quality of the services. In2Matrix is at all times entitled to engage assistants (natural and/or legal persons) to perform the services. The obligation of confidentiality as described in article 6 will also be imposed in writing by In2Matrix on these assistants.
2. Additional Work
2.1 In2Matrix will inform the Client in advance if the work does not fall under the work of the Agreement. In2Matrix will only perform this work if the Client has given an order for this. The order to perform additional work is only established by a written order and confirmation to that effect by the Parties.
3. Invoicing and Payment
3.1 The amounts stated in the service Agreement and owed by the Client will be invoiced in advance, unless otherwise agreed.
3.2 The agreed hourly rate or the fee, in the event of additional work, will be paid to In2Matrix by the Client per month or after completion of the work in question, unless the parties agree otherwise. Invoicing for work performed on the basis of time spent will take place on the basis of a post- calculation. All other work will be invoiced in advance.
3.3 The parties agree that invoices will be paid within 30 days of the invoice date without the possibility of deduction, offsetting or suspension.
3.4 If the Client does not pay the amounts owed on time or in full, the Client will be in default after a notice of default. If the Client continues to fail to pay the amounts owed, In2Matrix may transfer the claim to a third party, in which case the Client will be obliged to pay, in addition to the total amount then due, interest and all judicial and extrajudicial costs, including costs charged by external experts in addition to the costs determined in court.
4. Applicability of these General Terms and Conditions
4.1 These General Terms and Conditions apply to all our services and to every assignment given to us by the Client.
4.2 In2Matrix hereby expressly rejects the applicability of any General Terms and Conditions of the Client.
5. Liability of In2Matrix
5.1 In2Matrix is only liable for an attributable shortcoming in the performance of the work as described in the Service Agreement. In2Matrix is in no case liable for indirect damage.
5.2 In2Matrix is not liable to the extent that damage results from the fact that the Client or person concerned has not properly followed advice provided orally or in writing by In2Matrix.
5.3 Any liability of In2Matrix under the Service Agreement or otherwise is always limited to the amount paid out by its professional liability insurer in the event of an approved claim, up to a maximum of € 2,500,000 for all related events together.
5.4 If In2Matrix, in the context of the performance of its activities, issues orders to and/or uses the services of third parties (including all intermediaries working with In2Matrix), In2Matrix will not be liable for damage resulting from errors or shortcomings of those third parties, unless there is a case of culpable selection. Due care will be taken in the selection of third parties.
5.5 The Client must at all times inform In2Matrix without delay and keep it informed of all relevant facts and circumstances, if and as soon as it has a dispute with an insurance company about an insurance contract concluded or amended through the mediation of In2Matrix or about an insurance contract that otherwise belongs (belonged) to the portfolio of In2Matrix.
5.6 In2Matrix must be held liable no later than twelve months after the Client becomes aware of a (potential) dispute or should reasonably have been aware of it. If In2Matrix is not held liable within this period, all possible claims will lapse.
5.7 The Client shall indemnify In2Matrix against claims from third parties relating to the performance of the Agreement by In2Matrix.
5.8 If In2Matrix takes over insurance policies from another intermediary, In2Matrix shall not be liable for these insurance policies until such time as In2Matrix has had a reasonable period of time to review their status and issue advice.
5.9 Amounts and calculations in quotations and/or reports are a simplified representation and may therefore differ from reality.
6. Confidentiality and Privacy
6.1 During the term of, and after termination of, the Agreement, In2Matrix and the Client will observe strict confidentiality with regard to confidential information provided to each other by the Client and In2Matrix in the context of the Agreement, unless the provision of information to third parties is necessary for the performance of the Agreement or is required by law and/or on the basis of a judicial or arbitral award or the information has been made public by the Parties in another way. The obligation to maintain confidentiality applies until 1 year after termination of the Agreement.
6.2 In2Matrix considers it important to handle its Clients’ and their (personal) data with care. Personal data of Clients and employees are treated with the utmost care. In2Matrix therefore adheres to the requirements of the General Data Protection Regulation (GDPR) and also to the Code of Conduct for the Processing of Personal Data by Financial Institutions.
6.3 In2Matrix requires the Client to inform its (former) employees about the registration of personal data in connection with the activities of In2Matrix.
7. Settlement after Termination of Agreement
7.1 In the event that the Agreement is terminated, In2Matrix will transfer the data relating to the Agreement with the Client and also the necessary information relating to the administration to the Client at the request of the Client. In2Matrix will exercise due care in this regard and will also set reasonable deadlines. In2Matrix may charge costs (hours times rate) for the transfer of information to the Client after termination of the Agreement.
8. Complaints Procedure
8.1 Complaints and disputes relating to the mediation service, the conclusion and execution of the Agreement can only be submitted in writing to the management of In2Matrix: In2Matrix Netherlands B.V., Gustav Mahlerlaan 381, 1082 MK, Amsterdam, The Netherlands
8.2 As soon as the complaint has been received by In2Matrix, a confirmation will be sent within 14 days, stating the manner and term of handling.
8.3 If the complaint handling options are not used or if the handling or outcome is not found satisfactory, the dispute can be submitted to the competent court.
9. Amendment of Conditions
9.1 In2Matrix reserves the right to amend these general conditions. Amendments will be communicated to the Client in writing at least 30 days before they come into effect.
10. Transferability
10.1 In2Matrix may transfer its rights and obligations under this Agreement to a third party, provided that this is communicated to the Client in writing.
11. Dutch Law and Disputes
11.1 The Agreement is exclusively governed by Dutch law.
11.2 In the event of a dispute, each of the Parties, with due observance of the provisions of article 8, is exclusively entitled to submit the dispute to the competent court in Amsterdam, or if applicable, to the Financial Services Complaints Institute (Kifid). The Kifid number of In2Matrix is 300.017641.
