General Terms and Conditions

1.1 Onesta: Onesta, established in ’s-Gravenhage at Van Bergenstraat 49, 2583 CS, ’s-Gravenhage, hereinafter referred to as “Onesta”.

1.2 Client: The natural or legal person to whom Onesta has provided a quotation, made an offer, or with whom an agreement has been concluded.

1.3 Assignment: The instruction given by the Client to Onesta to advise on or mediate in the conclusion of a financial product.

1.4 Financial Product: The mortgage, insurance, investment or savings account, or credit on which Onesta will advise and/or in the conclusion of which Onesta will mediate.

1.5 Financial Institution: The party with whom the financial product is concluded.

2.1 An agreement between the Client and Onesta is deemed to have been concluded at the moment Onesta has accepted an Assignment in writing, or has commenced its execution. Onesta is entitled to refuse Assignments given to it without stating reasons, even after having sent the Client a quotation for carrying out work.

2.2 All Assignments given to Onesta are concluded exclusively with Onesta and are carried out by it, even if it is the Client's intention that the Assignment be carried out by a specific person employed by Onesta.

2.3 Assignments given to Onesta give rise solely to best-efforts obligations of Onesta, not to result obligations, unless the nature of the Assignment given or what the parties have agreed otherwise indicates.

2.4 Unless otherwise agreed in writing, deadlines given by Onesta for the execution of an Assignment shall never be regarded as a firm deadline.

2.5 These general terms and conditions are also stipulated for the benefit of the directors and/or partners of Onesta and all persons working for it, as well as in the context of Onesta's activities for the affiliated companies and sub-brokers engaged by it. Their applicability shall continue if the aforementioned directors/partners and/or other persons working for Onesta no longer work for Onesta.

2.6 Any procurement or other conditions to which the Client refers when accepting an offer or quotation or concluding an agreement shall not apply, unless these have been accepted by Onesta without reservation and in writing.

3.1 Offers or quotations presented by Onesta to the Client on behalf of a Financial Institution are, unless expressly stated otherwise, non-binding and subject to acceptance by the relevant Financial Institution.

3.2 No rights can be derived by the Client from calculations made by Onesta regarding the costs of a financial product and the possible effect thereof on the Client's monthly payments. These calculations should be considered preliminary and indicative and may be subject to interim changes in interest rates and premiums. Only when a Financial Institution has issued a quotation that has been accepted by the Client can Onesta provide a definitive calculation of the monthly payments.

3.3 Advice provided by Onesta to the Client is a snapshot and based on simplified assumptions of the laws and regulations in force at that time. Only when a Financial Institution has issued a quotation that has been accepted by the Client can Onesta provide a definitive calculation of the monthly payments.

4.1 In the event the Client has sent a digital message to Onesta, the Client may only rely on this message having reached Onesta upon receipt of a confirmation of receipt thereof, other than an automatic acknowledgement of receipt.

4.2 General information provided by Onesta, whether or not on the Internet, whether or not at the Client's request, is non-binding and shall never be considered advice given by Onesta in the context of an Assignment given to it, unless Onesta communicates otherwise or it concerns advice tailored to the Client's personal situation.

4.3 Until the Client has notified Onesta of a change of address, Onesta may rely on the Client being reachable at the address given by the Client at the start of the Assignment, including the Client's email address.

5.1 Onesta is permitted to engage third parties in the execution of the Assignment given to it where necessary. Costs involved in engaging such third parties shall be charged to the Client.

5.2 To the extent that Onesta must use advice drawn up by external advisors in the execution of the Assignment, including advice from accountants, lawyers, tax specialists, etc., it shall consult with the Client as far in advance as possible and shall exercise due care in selecting the relevant third party. Onesta shall not be liable for (attributable) shortcomings of these external advisors.

5.3 Onesta is responsible for third parties engaged by it in the execution of the Assignment that cannot be regarded as external advisors as defined in article 5.2, such as temporary workers, external administrative bureaus, etc., in the same manner as for its own employees.

6.1 The fee to which Onesta is entitled for financial products falling within the definition of damage insurance and consumer credit financial products may be included in the amount charged to the Client by the financial institution. For other financial products, an hourly rate, fixed fee, subscription fee, or a combination thereof may be agreed between Onesta and the Client. The parties shall always make arrangements about this in advance.

6.2 Changes in taxes and/or levies imposed by government will always be passed on to the Client.

6.3 Onesta is entitled to increase agreed rates during the term if, after the acceptance of the Assignment, increases occur in the costs of materials or services required for the execution of the Assignment, and/or other costs that affect Onesta's cost price.

6.4 Invoices from Onesta must be paid by the Client within 14 days of the invoice date in the manner prescribed by Onesta, unless otherwise agreed in writing or stated differently on the invoice.

6.5 Set-off by the Client of amounts charged by Onesta for its services against a counterclaim asserted by the Client, or suspension of payment by the Client in connection with a counterclaim, is only permitted to the extent that the counterclaim has been expressly and unconditionally acknowledged by Onesta or has been irrevocably established in court.

6.6 If the Client fails to pay the amounts charged by Onesta within the agreed period, the Client shall, without the need for prior notice of default, owe statutory interest on the outstanding amount. If the Client, even after notice of default, fails to pay the outstanding amount to Onesta, Onesta may hand over the collection of its claim, in which case the Client shall also be obliged to reimburse the extrajudicial collection costs. The amount of the extrajudicial collection costs is in accordance with the Decree on compensation for extrajudicial collection costs, in force as of 01-07-2012, being 15% on the first €2,500.00 with a minimum of €40.00, 10% on the next €2,500.00, 5% on the next €5,000.00 and 1% on the next €190,000.00 and 0.5% on the remainder of the claim.

6.7 Payments made by the Client shall always first be applied to discharge all outstanding interest and costs and subsequently to open invoices outstanding the longest, even if the Client states that the payment relates to a later invoice.

6.8 If the Client's creditworthiness gives Onesta reason to do so, Onesta is entitled to suspend the delivery of its services until the Client has provided sufficient security for its payment obligations.

7.1 The Client shall always provide Onesta, whether requested or not, with all relevant information Onesta needs for the correct execution of the Assignment. This shall include, among other things, but not exclusively, any situation in which changes occur in the household composition, income, or financial situation of the Client, such that Onesta would need to adjust its advice or that financial products already concluded may no longer be adequate.

7.2 Onesta can only fulfil its duty of care towards the Client if the Client strictly complies with what is stipulated in article 7.1.

7.3 If information necessary for the execution of the agreed Assignment is not, not timely, or not in accordance with the agreed arrangements made available to Onesta, or if the Client has otherwise failed to fulfil its (information) obligations, Onesta is entitled to suspend the execution of the Assignment.

7.4 The Client is fully responsible for the correctness and completeness of all information provided to Onesta.

8.1 All liability of Onesta as well as of its directors, employees and persons engaged by Onesta in the execution of the Assignment is limited to the amount paid out in the relevant case under Onesta's professional liability insurance, including the excess borne by Onesta. Upon request, further information about the professional liability insurance will be provided to interested parties.

8.2 In the event that Onesta's professional liability insurance referred to in article 8.1 does not provide coverage in a specific case, Onesta's liability as well as that of its directors, employees and persons engaged by Onesta in the execution of the Assignment is limited to a maximum of the total fee charged to the Client in respect of the Assignment underlying the damage suffered. If Onesta has not charged a fee for its services to the Client, Onesta's liability is limited to the premium charged to the Client by the Financial Institution.

8.3 The execution of the Assignment entrusted serves exclusively for the benefit of the Client. Third parties cannot derive any rights from the work performed for the Client.

8.4 Onesta is never liable for damage suffered by the Client or third parties as a result of incorrect, incomplete or untimely information provided by the Client.

8.5 Onesta is never liable for any damage whatsoever resulting from errors in software or other computer programs used by Onesta, unless such damage can be recovered from the supplier of the relevant software or computer program.

8.6 Onesta is never liable for any damage whatsoever resulting from the circumstance that (email) messages sent to Onesta by the Client have not reached Onesta.

8.7 Onesta is never liable for any damage whatsoever resulting from the circumstance that the Client has not paid the premiums and/or interest due on financial products concluded by the Client after Onesta's mediation on time.

8.8 The provisions of this article do not affect Onesta's liability for damage caused by intent or deliberate recklessness of its subordinates.

8.9 The Client is only entitled to dissolution of any agreement with Onesta if Onesta, even after proper notice of default, remains in attributable breach of its obligations to the Client. Payment obligations arising before the time of dissolution and/or relating to services already rendered must continue to be fulfilled by the Client.

9.1 Onesta is not required to fulfil any obligation if this is not reasonably possible for Onesta due to changes in the circumstances existing at the time the obligations were entered into that arose without any fault on Onesta's part.

9.2 A failure to fulfil an obligation of Onesta shall in any case not be considered attributable and shall not be at its risk in the event of failure and/or shortcoming by or with its suppliers, subcontractors, carriers and/or other engaged third parties, in the event of fire, strike or lockout, riots or civil disturbance, war, government measures, including export, import or transit bans, frost and all other circumstances of such a nature that Onesta can no longer reasonably be bound.

10.1 Personal data provided to Onesta by the Client shall not be used or disclosed to third parties by Onesta for purposes other than the execution of the Assignment given to it or mailings to be sent to the Client, except insofar as Onesta is legally obliged, in the context of its business operations, to provide the relevant data to a designated authority.

10.2 If the Client objects to the inclusion of their personal data in any mailing list of Onesta, Onesta will remove the relevant data from the relevant file upon the Client's written request.

10.3 Our Privacy Policy applies to the processing of personal data. This can be found in the Service Guide which forms part of the first section of this document.

11.1 Onesta is affiliated with the Financial Services Complaints Institute (KIFID) under number 300.018.367. A dispute arising from quotations, offers and agreements to which these terms and conditions apply may, at the Client's discretion, be submitted for binding advice to either the Financial Services Disputes Committee or the civil courts.

11.2 Onesta agrees in advance to a binding advice to be given by the Financial Services Disputes Committee, insofar as the amount at stake in the submitted dispute does not exceed €25,000.00 (twenty-five thousand euros). If the relevant dispute exceeds this monetary interest, Onesta has the option not to cooperate with a binding advice.

11.3 Dutch law applies to all claims not processed through KIFID as referred to in articles 11.1 and 11.2. Only the Dutch courts have jurisdiction to hear disputes between Onesta and its Clients. Disputes will be submitted to the Court of 's-Hertogenbosch.

12.1 Complaints regarding work performed by Onesta or the amounts charged by it must, on pain of forfeiture of rights, be submitted in writing to Onesta within 60 days of the Client receiving the documents, information or invoice to which the complaint relates, or within 60 days of the Client reasonably being able to have become aware of the shortcoming in Onesta's performance. Filing a complaint shall never suspend the Client's payment obligations.

12.2 All rights of action and other rights of the Client arising from whatever source in connection with work performed by Onesta shall in any case expire five years after the moment the Client became aware, or could reasonably have been aware, of the existence of these rights.

13.1 Dutch law applies to all offers and quotations issued by Onesta, as well as to Assignments accepted by it.

13.2 In the event that the content of written arrangements made between Onesta and the Client deviates from what is stipulated in these general terms and conditions, the written arrangements shall prevail.

13.3 Deviations from and/or additions to these general terms and conditions shall only be binding on Onesta insofar as they have been expressly agreed in writing between Onesta and the Client.

13.4 If any provision of these general terms and conditions is found to be null and void, only the relevant provision shall be excluded from application; all other provisions shall remain in full force and effect.

13.5 Onesta is entitled to unilaterally amend the content of these general terms and conditions at any time. In the event that Onesta proceeds to an interim amendment, it shall notify the Client thereof simultaneously with the dispatch of the amended general terms and conditions. The Client is entitled to object to the application of the amended terms and conditions within 30 days of the date on which they were notified of the relevant changes. In that case, the parties shall enter into consultation about 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 arrangements made between the parties from the date specified by Onesta.