Consultant: myStudentFinance

KVK Registration Number: 90722558

Address: Gasthuisring 14-22, 5041DS Tilburg, Netherlands

AND

Client

 

Now, in mutual consideration, the parties agree as follows:

 

1. Engagement of Consultant

A) The Client engages the Consultant for a period of 20 weeks to provide services regarding student finance applications to Dienst Uitvoering Onderwijs (later referred to as DUO) in the Netherlands. Both parties agree to this engagement.

B) This Agreement will automatically terminate when all components of the student finance application, as applied for by the Consultant on behalf of the Client, have been successfully processed, approved, and invoiced. However, if any component of the student finance application remains under processing (e.g., Supplementary Grant), the Agreement will not be deemed fully terminated, and the Client’s obligations under the Agreement, including compensation for the pending component, will remain in effect until the final decision is issued by DUO and processed by the Consultant.

• Article 5B outlines the objective criteria for service milestones.
• For clarity, the Consultant retains the right to invoice and seek compensation for services related to components that are successfully approved and processed, even if other components remain pending.
• The Client acknowledges that partial completion of services does not eliminate their obligations under this agreement for components still under processing.
• Client obligations extending beyond the Agreement do not imply that the full provision of services has not been performed. The full provision of services is considered performed once all applications for each component of student finance have been successfully completed by the Consultant on behalf of the Client, as confirmed by submission records and communications with DUO.

 

2. Scope of Services

A) Comprehensive PDF Guide: The Client will receive a detailed PDF guide via email, which provides essential information on applying for student finance. This guide includes:

• Eligibility requirements for student finance.
• A step-by-step breakdown of the application process. This process is further defined under B.
• Tips to streamline the application.
• Guidance on securing a work contract and understanding income requirements.

Acknowledgment of Value: The Client acknowledges the significant value and effort put into creating this guide. It is understood that this guide is a unique and proprietary work of the Consultant, protected under Dutch Intellectual Property Law (Auteurswet). ‘Value and effort’ means the following:

• Step-by-step instructions tailored to international students applying for Dutch student finance;
• Pre-filled templates and form examples (e.g., employment declaration, proof of income, etc.);
• Detailed explanations of DUO requirements, common mistakes, and how to avoid them;
• Up-to-date eligibility criteria and financial thresholds;
• Curated FAQs and troubleshooting tips based on real case scenarios;
• Guidance on required documents and how to obtain them.

B) Personalized Advising: The Consultant will offer personal advice to the Client on matters related to student finance via email, WhatsApp, or phone. This includes responding to any queries and providing customized guidance.

C) Application Assistance: Upon the Client’s request or authorization, the Consultant will handle the entire application process, including: Using DigID authorization to manage the Client’s affairs online, in full compliance with the Client’s instructions and the relevant Dutch Data Protection Laws (Uitvoeringswet AVG).

D) Intellectual Property Rights: The Client recognizes that the materials and advice, including the PDF guide, are the intellectual property of the Consultant, protected under the Dutch Auteurswet (Copyright Law). The Client agrees not to reproduce, distribute, or use these materials beyond the scope of this Agreement without the Consultant’s explicit consent.

 

3. Fees
A) Basis of Fee Structure: The Consultant operates on a “no cure, no pay” basis. This means that fees are charged only when the Client successfully receives student finance through DUO. As outlined in Article 5, certain fees may be applicable under exceptional circumstances, particularly if the client violates the terms of the agreement. In those cases the no cure, no pay policy does not apply.

The Client agrees to pay the Consultant a fee of 39% excl. VAT (47.19% incl. VAT) of the initial scholarship payout received from DUO for services rendered. This fee calculation will be applied to the approved components of the student finance, which include the Supplementary Grant, Basic Grant, Loan, and Tuition Fees Loan.

The Consultant reserves the right to issue invoices for each processed and approved component of the student finance application, provided that the total cost is disclosed upfront in the service agreement. No additional invoices will be issued beyond the agreed pricing structure.

B) Definition and Calculation of Payout: A ‘payout’ for the purposes of this agreement is defined as any sum of money designated to be transferred to the Client’s bank account by DUO as part of the student finance process, encompassing all relevant components of student finance. In cases where the payout includes back payments for previous months, the fee will be calculated on the total cumulative payout, covering both current and retrospective amounts attributed to the Client by DUO.

C) Scope of Fee Application: The 39% excl. VAT (47.19% incl. VAT) fee will be applied only to the first payout following the signing of this agreement. Subsequent payouts from DUO will not incur this fee, provided all relevant student finance components are included in the initial payout.

A separate fixed fee of EUR 59.00 excl. VAT (EUR 71.39 incl. VAT) will be charged for assistance with the student travel product application, which is a standard charge.

D) Payment Terms: Fees are due within seven (7) days of the Client’s receipt of the grant, loan funds, or student travel product. All prices listed are exclusive of VAT (21% in the Netherlands) for B2B transactions. For B2C transactions, the VAT-inclusive price is also shown next to the price at the time when consumers sign up and accept the terms. If applicable, VAT will be added to the invoice and calculated after the addition of the 39% fee and the €59 fixed charge. Example calculation: If the first payout is €1,000, the Consultant’s fee will be 39% of €1,000 (€390). VAT (21%) will be added, resulting in a total invoice of €471.90.

E) Fees deducted or invoiced are final and non-refundable once services are successfully rendered. However, if the service is not provided as agreed due to reasons attributable to MyStudentFinance, a partial refund may be granted.

4. Responsibilities of Each Party

A) By entering this consultancy agreement, the Client acknowledges and consents to the Consultant’s authority to act as their representative when submitting applications for grants and loans to DUO.

B) The Client agrees to provide the Consultant with their personal information, which will be used for completing the application process. This includes, but is not limited to:

• Filled Student Finance Application Form: The completed form for applying for student finance through DUO.
• Income Form for Supplementary Grant Application: Any forms or documentation required to apply for supplementary grants, including details of the Client’s or their family’s income.
• Work Contract: A copy of the Client’s current work contract if applicable, which is essential for certain types of student finance applications.
• Payslips and Bank Statements: Recent payslips and bank statements to provide proof of income and financial status.
• Enrollment Certificate: An enrollment certificate from a Dutch educational institution to confirm the Client’s student status.
• Recent Communication with DUO: Copies of any recent correspondence or communications with DUO that are relevant to the student finance application.
• ID card copy

C) The Consultant will handle this data in compliance with Dutch law, specifically with Article 6 of the General Data Protection Regulation (EU) 2016/679, and will not share it with third parties other then DUO without the Client’s explicit consent.

D) The Client commits to promptly providing the Consultant with any necessary documentation confirming the amounts of student finance granted to them by DUO (e.g., letters, screenshots, or emails). This documentation is vital for accurately calculating the fees for the services provided. Failure to adhere to the request for providing necessary documentation within seven (7) days will result in an adjustment to the fee calculation. In such cases, the base for calculating the fee will be assumed to be the median amount typically charged to our clients, which is EUR 450.00 (incl. VAT). This adjustment is implemented to preserve fair pricing and ensure consistency in our fee structure.

E) The Client is encouraged to secure a valid work contract in the Netherlands within one (1) month of signing this Agreement. If the Client does not obtain a work contract within this timeframe, MyStudentFinance may offer guidance on alternative solutions. Any fees for services already rendered remain due, provided these services have been clearly detailed in advance.

F) The Client affirms that they hold a valid passport from the European Union, European Economic Area, or the United Kingdom. Furthermore, the Client commits to filling in the form truthfully and providing authentic documents, including the enrollment certificate from a Dutch university. If the Client does not meet these stipulations, this Agreement will be automatically dissolved within a seven (7) day timeframe. In such cases, the Client will be charged for services rendered, as stipulated in Article 5, Point B.

G) Provision and Authentication of DigID Authorization: The Client agrees to provide and authenticate a DigID authorization (Machtigen), which is essential for verifying and tracking the progress of their student finance application. This requirement is mandatory irrespective of whether the Client opts to apply personally using the provided guide or prefers the application to be handled directly by MyStudentFinance. The Client is responsible for authenticating the DigID authorization in a timely and accurate manner. This authentication process is a critical step that enables MyStudentFinance to access and manage the Client’s application status and related affairs with DUO.

H) If the Client fails to provide the required documents or to provide and authenticate a DigID authorization (Machtigen) within fourteen (14) days of a written request from the Consultant, the Consultant reserves the right to terminate the Agreement. In such cases, the Consultant will charge fees based on the scope of services rendered up to that point, as outlined in Article 5. The Client acknowledges that this provision ensures fairness and prevents unreasonable delays in the application process.

5. Default and Termination

A) Termination Due to Client’s Breach: If the Client breaches any provision of this Agreement, the Consultant has the right to terminate the Agreement immediately by written notice, in accordance with Article 6:265 of the Dutch Civil Code. In such cases, the Client is required to compensate the Consultant for services rendered up to the termination date. Any additional claims for damages shall be assessed based on applicable legal principles and reasonableness.

B) Termination by Client and Corresponding Fees: If the Client terminates the Agreement, termination fees shall apply based on the extent of services provided. These fees reflect the time, effort, and resources invested by the Consultant. The termination fees are structured as follows:

• After Receiving Application Guide: €100 (incl. VAT) if termination occurs after the delivery of the application guide via email but before any further consultancy actions or applications have taken place.
• After Initial Service Engagement: €300 (incl. VAT) if termination occurs after active service engagement, including the submission of application to DUO by the consultant, or scheduling calls, or sending personalized instructions to the Client regarding next steps.
• After Partial Approval of Student Finance: €450 (incl. VAT) if termination occurs after at least one component of student finance (e.g., Basic Grant, Supplementary Grant, Loan, or Tuition Fees Loan) has been successfully approved, and other components are still under processing. The charge for the approved component is due separately based on Article 3.
• After Full Service Provision: The termination fee is equal to the fees outlined in Article 3, based on the first payout received by the Client. Full service provision is considered complete when all applications for each component of student finance have been successfully initiated by the Consultant on behalf of the Client, as confirmed by submission records, confirmation emails sent to the Client

These fees correspond to the Consultant’s effort, resources, and time invested up to the point of termination and are payable upon termination.

C) Client’s Right to Withdraw

The Client may terminate this Agreement within 14 days in accordance with the right of withdrawal under Directive
2011/83/EU and Article 6:230o of the Dutch Civil Code.

By agreeing to these terms, the Client explicitly requests immediate commencement of services within the withdrawal period and acknowledges that withdrawal will result in payment for the proportion of services already provided.

If the service is fully performed within this period, the right of withdrawal is lost (Article 16(a) of Directive 2011/83/EU and Article 6:230p of the Dutch Civil Code). Any refunds due shall be processed within 14 days of withdrawal notification.

D) If the Client fails to pay fees within seven (7) days after notification, the Consultant reserves the right to charge statutory interest and reasonable collection costs, in accordance with Dutch law. For Consumer Clients, a statutory 14-day reminder period will be observed before collection costs are applied, in line with the Wet Incassokosten.

E) If the Client terminates this Agreement before all components of the student finance application are processed, the Consultant reserves the right to invoice for all services rendered up to the date of termination. This includes, but is not limited to, completed application components, consultations provided, and administrative efforts. The Client acknowledges that partial completion of services is compensable and agrees to settle any such invoices within seven (7) days of receipt.

F) No termination fee will be charged if the Client cancels within the legal cooling-off period and no services have
been delivered.

6. Limitation of Liability

A) Exclusion of Liabilities: Exclusion of Liabilities: The Consultant shall not be held liable for any losses, delays, or damages incurred by the Client due to circumstances beyond the Consultant’s reasonable control (force majeure). These include, but are not limited to:

• Application Processing Delays or Errors: Those include issues with DUO’s processing systems, policy changes,
  administrative backlogs or delayed replies.
• Banking System Failures: Errors or delays caused by third-party payment processors or banking institutions,
  including incorrect IBAN provided by the Client.
• Client Misconduct: Failure to provide accurate information, necessary documentation, or timely responses required
  for the application process.
• Technical Issues: System outages, server failures, or internet connectivity problems that disrupt services.
• Force Majeure Events: Acts of God, natural disasters, pandemics, war, strikes, or any other unforeseen event outside
  the Consultant’s control.

This exclusion does not apply in cases of willful misconduct or gross negligence by the Consultant.

B) Cap on Liability: The liability of the Consultant is limited to the total fees paid by the Client for the services under this Agreement, except in cases of willful misconduct or gross negligence. The Consultant shall not be liable for any indirect, consequential, or incidental damages, unless required by mandatory law.

C) No Liability for IBAN Usage: The Consultant shall not be liable for any losses or disputes arising from the modification or use of IBANs, provided such actions are carried out in accordance with the terms of this Agreement and applicable laws. This limitation does not apply in cases of willful misconduct, gross negligence, or noncompliance with regulatory obligations by the Consultant.

7. Governing Law and Jurisdiction

A) Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Netherlands.

B) Any dispute, controversy, or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be resolved in the competent courts of ’s-Hertogenbosch (Den Bosch) or any other court within Dutch jurisdiction selected by myStudentFinance or its representatives.

 

8. Entire Agreement

A) This Agreement constitutes the entire understanding of the parties and supersedes all prior negotiations, understandings and agreements between the parties with respect to the subject matter of this Agreement.

 

9. Execution

A) This Agreement may be executed in counterparts and may be signed electronically. The parties hereto agree that the electronic signatures shall have the same force and effect as if the signatures were original.

B) If any provision, subpoint, or article of this Agreement is found to be invalid, illegal, or unenforceable, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect and be binding upon the parties.

 

10. Authorization to Use IBAN for Fee Deduction

A) Direct IBAN Authorization: The Client authorizes MyStudentFinance to input their IBAN (International Bank Account Number) into the DUO system during the student finance application process. Additionally, MyStudentFinance reserves the right to use alternative IBAN numbers belonging to persons or entities designated by MyStudentFinance, if necessary, to facilitate the deduction and management of fees.

B) Payment to the Client: MyStudentFinance commits to transferring the remaining funds (after deducting fees and any applicable charges) to the Client’s bank account within fourteen (14) days of receiving the first payout from DUO. Along with this transfer, MyStudentFinance will provide a detailed calculation and overview of the deductions and the remaining balance. This overview will be shared with the Client via email.

C) The detailed calculation and overview of deductions will be provided to the Client within the 14-day period after the first payout.

D) Responsibilities of MyStudentFinance: MyStudentFinance ensures that the Client’s IBAN, as well as any alternative IBANs used for fee deductions, are securely managed and handled in compliance with Dutch data protection laws, specifically the General Data Protection Regulation (GDPR).

E) Legal Exemption on IBAN Usage: By entering into this Agreement, the Client acknowledges and agrees that MyStudentFinance is authorized to modify or substitute IBANs solely for the purpose of facilitating fee deductions. MyStudentFinance cannot be held legally responsible for changing or using alternative IBANs, provided such actions are performed in compliance with this Agreement and applicable laws.

F) Obligations of the Client: The Client agrees to provide a correct and active IBAN for this purpose. If the Client changes their IBAN during the service period, they must notify MyStudentFinance immediately. Failure to do so absolves MyStudentFinance of any liability for misdirected payments.

G) Failure of Direct Deduction: If the direct deduction via IBAN is unsuccessful for reasons beyond MyStudentFinance’s control (e.g., insufficient funds, incorrect IBAN provided by the Client), the Client agrees to pay the invoice manually within seven (7) days of receiving a payment request from MyStudentFinance.