ARTICLE 1. GENERAL
These general terms and conditions apply to all agreements concluded between the administrator and the client, unless agreed otherwise in writing. Dutch law applies to these general terms and conditions and all agreements of the Stichting Budgetcafé.
ARTICLE 2. PRIVACY
The client’s details are included in a client register. The Personal Data Protection Act applies hierarchically. This law regulates the protection of the privacy of citizens. Unauthorized persons do not have access to this data. The administrator only provides data from this registration to third parties if damage is in the interest of the client or arises from the nature of the administration/budget management.
ARTICLE 3. CUSTOMER TASKS
3.1 The client provides full disclosure of all income, all expenses, all debts and all current payment obligations based on his assets and the balance of all bank and/or giro accounts in his name. The client is responsible for ensuring that all relevant information reaches the administrator.
3.2 The client immediately informs the administrator in writing of changes in his personal and/or financial sphere.
3.3 The client ensures that correspondence is forwarded to the administrator by post on a weekly basis, so that sound financial management can be conducted. The contractor requests all organizations with which the client has relations to send all future correspondence that the administrator has to send.
3.4 The customer must always be available by telephone, e-mail or in writing.
3.5 The client shall not enter into any new debts and/or other obligations until the administrator has obtained written permission. In addition, there is also the creation and/or maintenance of an overdraft on a bank and/or giro account.
3.6 The administrator performed all necessary actions. all current and future income will be collected by the administrator and in expenditures the costs of administration of budget management, fixed last and current insurances will be guaranteed with sufficient balance.
3.7 The administrator is authorized, if necessary, to obtain information from third parties.
3.8 The customer remains responsible at all times for a lower balance, so that the administrator can proceed to payment in accordance with the agreed budget plan.
ARTICLE 4. ADMINISTRATOR AS REGARDS ADMINISTRATION
4.1 At the start of the administration, the administrator will open two bank accounts in the name of the client, a management account and a living money account with ABN AMRO. All income and expenditure of the arrears are made through the management account. The administrator manages this security (BW art. 1:436 paragraph 4). The client receives a weekly or interim living allowance on the living money account, insofar as the balance allows this.
4.2 After the start of the administration, the administrator draws up an inventory of the estate within 3 months, which is submitted to the subdistrict court. In addition, the administrator draws up a budget plan within 3 months after the start of the administration, containing the income and expenses received from the client.
4.3 The administrator executed the expenses based on the budget plan drawn up.
4.4 The administrator will provide the client with weekly or provisional living money in the designated living money account.
4.5 If there are activities that do not function under the standard activities and/or specialized knowledge is required, the administrator can engage a third party with the permission of the Court.
4.6 The activities for administration (protective administration) are carried out in accordance with the guidelines for the administrator/curator, which are checked on site by the court sector subdistrict. Dutch law also applies to all activities for administration that will be observed by the contractor.
4.7 At the start of the administration, the administrator makes an inventory of any debts of the client.
4.8 The administrator provided the following information to the client: the opening balance sheet submitted to the subdistrict court, the budget plan drawn up, including the living allowance drawn and each month the changes in the management account referred to in Article 4.1.
4.9 Each year and at the end of the administration, the administrator of the account and accountability will be submitted to the subdistrict court judge for approval.
4.10 The administrator has a reporting obligation with regard to matters that violate the law.
ARTICLE 5. ADMINISTRATIVE ADMINISTRATOR AS REGARDS BUDGET COACHING/ADMINISTRATIVE SUPPORT
5.1 Following the intake interview, the administrator will draw up an overview of all income and expenditure
5.2 The administrator helps you gain insight into income and expenditure with the aim of: clarity transparency in the financial administration, increasing income, changing spending patterns, if possible Eliminate or avoid debt.
5.3 The administrator does not carry out any work regarding problematic debts and in that case refers to the debt assistance department of the municipality, except for files in which the application may be submitted directly by the administrator under the covenant.
5.4 The administrator makes an inventory of the questions that exist in the field of finances and administration.
5.5 The administrator will check existing insurance and will supplement/adjust it if necessary.
5.6 The administrator supports you with your administrative housekeeping, such as financial administration, but also contacts with government agencies, completing forms, applying for rent and healthcare benefits, etc.
5.7 The administrator will be clear in advance about his activities and the associated rates.
5.8 The administrator has a reporting obligation with regard to matters that violate the law.
ARTICLE 6. RATES
The rates for administration are set by the National Consultative Committee for the Civil and Subdistrict Sectors (LOVCK). All rates including VAT are charged directly to the client on a monthly basis, special assistance can be requested for this. This also applies to court fees and bank charges.
In case of payment in another manner as described above, the costs must be paid by the client itself, within 14 days after the invoice date, in accordance with the manner indicated by the administrator. If the costs can be charged to a third party, for example the municipality (special assistance), this will be done by the administrator.
ARTICLE 7. LIABILITY
If there is a circumstance and/or an omission that leads to liability of the administrator, then the liability of the administrator is always limited to the amount paid out in the relevant case by the professional liability insurer of the administrator, increased by the amount of his own risk according to the insurance terms and conditions on the basis of which payment is made. The administrator cannot be held liable for shortcomings and/or negligence of third parties to whom the administrator purchases and/or has referred services/products that relate to client(s).
ARTICLE 8. ACCESSIBILITY
The administrator can be reached in the following ways: by telephone on Monday, Tuesday, Thursday and Friday in the morning from 9.30 a.m. to 11.30 a.m. and in the afternoon from 1.30 p.m. to 3.30 p.m. An email, WhatsApp message or letter is also possible. We aim to respond to you within 48 hours.
ARTICLE 9. COMPLAINTS
If the client is of the opinion that his/her interests are not being adequately represented, there is the possibility to report this to the administrator. A complaints procedure has been drawn up for this purpose.
- Without prejudice to the authority of the client to provide evidence to the contrary, the administration of the administrator serves as full proof of all actions, payments and reservations performed by it for the account of the client in the context of budget management.
- To prove its actions, payments and reservations and the balance in court, the administrator can suffice with the production of extracts from its records signed by the administrator in accordance with the law.
- The administrator is authorized to accommodate serious unfairness that may arise in the application of this regulation.
- Each client receives a copy of these terms and conditions during the first personal contact. In addition, these general terms and conditions will be sent free of charge upon request. The General Terms and Conditions are also published on our website www.budgetcafe.nl
- These general terms and conditions may be referred to as “General Terms and Conditions of the Stichting Budgetcafé”.
PO Box 9083
1180 MB Amstelveen