Service Agreement

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 8 weeks to provide consulting services regarding student finance applications to Dienst Uitvoering Onderwijs (later reffered to as DUO) in the Netherlands.. Both parties agree to this engagement.

B) Upon completion of the initial 8-week period, the consulting period will automatically be extended by an additional 6 weeks, unless either party provides written notice of their intention not to extend the engagement prior to the expiration of the initial term. Any notice to not extend should be communicated through written means and should be received by the other party before the completion of the 8-week period.

 

 

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.

– 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).

 

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% 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. 

 

B) Definition and Calculation of Payout:

A ‘payout’ for the purposes of this agreement is defined as any sum of money 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% 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 59 EUR 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). VAT, if applicable, will be added to the invoice and calculated after the addition of the 39% fee and the 59 EUR fixed charge. The Client is responsible for all taxes associated with the invoice.

 

 

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 scholarships, loans, bursaries, and other financial options.

 

B) The Client agrees to provide the Consultant with their personal information, which will be solely 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.

 

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) If the Client fails to send required documents within seven (7) days without providing a valid explanation, MyStudentFinance may terminate this Agreement and will charge the Client for incurred services asdetailed in Article 5, Point B.

 

E) 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 39% fee will be assumed to be the median amount typically charged to our clients, which is 450 EUR + VAT. This adjustment is implemented to preserve fair pricing and ensure consistency in our fee structure.

 

F) The Client is required to secure a valid work contract in the Netherlands within one (1) month of signing this Agreement if they do not have one already. If the Client fails to secure a work contract within the specified timeline, MyStudentFinance may terminate this Agreement and will charge the Client for incurred services as detailed in Article 5, Point B. Upon termination, the Client must promptly pay any fees notified by MyStudentFinance in writing, in line with this Agreement’s payment terms.

 

G) 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.

 

H) Provision and Authentication of DigID Authorization: The Client agrees to provide and authenticate a DigID authorization, 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 (Dienst Uitvoering Onderwijs).

 

 

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. Under such circumstances, as per Article 6:265 of the Dutch Civil Code, the Client is required to compensate the Consultant for all services rendered up to the termination date. The Client must also indemnify the Consultant against any losses, damages, or expenses incurred due to the breach.

 

 

B) Termination by Client and Corresponding Fees:

If the Client chooses to terminate the Agreement or if the conditions in Article 4, Point D are met, the Client is obligated to pay termination fees, reflecting the extent of services provided by the Consultant. This fee structure is aligned with Article 6:248 of the Dutch Civil Code, ensuring fairness and reasonableness in contractual obligations: 

– Before Service Commencement: 20 EUR, if the Agreement is terminated before any consultancy actions are taken and guide has not been delivered.

– After Receiving Application Guide: 100 EUR, if termination occurs after the delivery of the application guide via email or phone.

– After Partial Service Completion: 200 EUR, if the Agreement is terminated post engagement in the application process, personal consultation, or submission assistance to DUO.

– After Full Service Provision (Over a Month): 350 EUR, if termination occurs after comprehensive service provision exceeding one month.

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

 

 

C) Client’s Right to Terminate:

The Client may terminate this Agreement within the first 7 days without any notice period. After this period, termination requires immediate payment for services rendered up to the point of termination, as justified under Article 6:248 and Article 6:258 of the Dutch Civil Code. No additional notice period is required. All fees are exclusive of VAT, which will be itemized on the invoice.

 

 

D) Waiver of Cooling-off Period for Digital Content:

The Client acknowledges and agrees that the right to a cooling-off period does not apply to this Agreement. The services provided by MyStudentFinance constitute digital content that is non-retractable once delivered. The Client’s explicit prior consent to waive the cooling-off period is obtained at the time of entering into this agreement, in compliance with the provisions for digital content sales in the Netherlands. This is consistent with the stipulation that for digital content sold via the internet, the cooling-off period can be waived if the customer is informed beforehand that the purchase is irreversible and agrees to this, as outlined in Dutch consumer law.

 

 

6. Limitation of Liability

A) Exclusion of Certain Liabilities: In accordance with Article 6:75 of the Dutch Civil Code, the Consultant shall not be held responsible for any losses or damages incurred by the Client due to any act, omission, or error in the performance of the services under this Agreement, provided that such failure is due to circumstances beyond the Consultant’s reasonable control.

 

B) Cap on Liability: The liability of the Consultant is limited to the amount of the fees paid by the Client for the services under this Agreement. This limitation of liability is in line with the principles established under Article 6:248 (1) of the Dutch Civil Code, which addresses the reasonableness and fairness of contractual clauses.

 

 

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) Jurisdiction for Disputes: 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 ‘sHertogenbosch (Den Bosch).

 

 

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.

 

 

 

 

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