KVK Registration Number: 90722558
Address: Gasthuisring 14 22, 5041DS Tilburg, Netherlands
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) Services to be provided by the Consultant shall include but not be limited to:
• Providing guidance and advice on the eligibility criteria for student finance from Dienst Uitvoering Onderwijs (later reffered to as DUO) in the Netherlands.
• Providing and assisting in the completion and submission of the application forms.
• Explaining the different types of student finance available and their respective benefits.
• Answering questions and clarifying any concerns regarding the student finance application process.
• Assisting the Client in submitting their student finance application to DUO as their agent or providing a comprehensive guide for the Client to apply independently.
A) Operating on a “no cure, no pay” basis, the Client shall pay the Consultant as follows:
• For DUO-provided student finance applications, the Client shall pay the Consultant a fee equating to 35% of the initial scholarship payout, with separate calculation for delayed elements. Elements of Student Finance include the Supplementary Grant, Basic Grant, Loan, and Tuition Fees Loan. Fees will only be applied to the components for which the client has received approval from DUO.
• Definition of ‘Money Transfer’ or ‘Payout’: For the purposes of this agreement, a ‘money transfer’ or ‘payout’ is defined as any sum of money transferred to the Client’s bank account by DUO as a part of the student finance process. This includes payments for any student finance components such as the Supplementary Grant, Basic Grant, Loan, and Tuition Fees Loan.
• Inclusion of Past Amounts in Payout: The payout may include amounts for past months if, for instance, the student finance includes back payments owed to the Client. In such cases, the payout is cumulative, encompassing both current and retrospective financial components attributed to the Client by DUO.
• Fee Application to Initial Payout Only: The 35% fee will be applied only to the first payout from DUO to the Client following the signing of this agreement. Subsequent payouts will not be subject to this fee.
• A fixed fee of 40 EUR is incurred for assistance with the student travel product application and is considered standard.
• The 35% fee is predicated on the scholarship’s base value, ensuring it does not surpass the Client’s maximum DUO monthly allowance.
• Payment is due within seven (7) days of the Client’s receipt of grant or loan funds or being granted student travel product.
• All listed prices are exclusive of VAT, (21% in the Netherlands). If applicable, VAT will be added to the invoice, calculated after the addition of a 35% fee and a €40 charge for a student travel product. All applicable taxes (including VAT) connected with the execution of the invoice shall be paid by the Client.
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. The Client also agrees to provide the Consultant with their personal information, which will be solely used for completing the application process. The Consultant will handle this data in compliance with Dutch law, specifically the General Data Protection Regulation (GDPR), and will not share it with third parties other then DUO without the Client’s explicit consent. 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 as detailed in Article 5, Point B.
B) 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 provide this evidence within seven (7) days of the request will result in the fee calculation being based on the Client’s maximum eligible DUO allowance, as specified on the DUO website.
C) 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.
D) The Client affirms that they hold a valid passport from the European Union, European Economic Area. 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.
5. Default and Termination
A) In the event of a Client’s breach of any provision within this Agreement, the Consultant retains the right to terminate this Agreement by providing written notice to the Client. In such circumstances, the Client is obliged to remunerate the Consultant for all services delivered up to the termination date. Additionally, the Client must indemnify and exempt the Consultant from any losses, damages, or expenses resulting from such a breach.
B) Should the client opt to terminate this agreement, or should the circumstances outlined in Article 4, Point C arise, the client will be obligated to pay the consultant termination fees corresponding to the extent of the services already provided by the consultant:
• Termination after signing of the agreement with no further actions taken by the consultant: The client shall be liable
to pay a termination fee of 20 EUR.
• Termination after the agreement is signed and the consultant has delivered the application guide to the client, either via email or over the phone: The client shall be liable to pay a termination fee of 50 EUR.
• Termination after the agreement is signed and the consultant has not only provided the application guide but also delivered application forms and income forms to the client: The client shall be liable to pay a termination fee of 100 EUR.
• Termination after the consultant has delivered the application guide, application forms, and income forms, and has either engaged in the application process, provided personal consultation via phone, or the client has submitted the application to DUO with the assistance of the consultant: The client shall be liable to pay a termination fee of 150 EUR.
• Termination after the consultant has performed all of the previously mentioned services and the agreement period has been active for over a month: The client shall be liable to pay a termination fee of 200 EUR.
• These fees reflect the effort, resources, and time dedicated by the consultant up to the point of termination.Termination fees are due and payable by the client immediately upon termination of the agreement.
C) The Client may terminate this Agreement within 7 days without notice, after which a 1-month notice applies. Termination requires payment for services already rendered. All listed fees are exclusive of VAT, which will be additionally itemized on the invoice.
6. Limitation of Liability
A) The Consultant will 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. The liability of the Consultant is limited to the amount of the fees paid by the Client for the services under this Agreement.
7. Governing Law and Jurisdiction
A) This Agreement shall be governed by and construed in accordance with the laws of the Netherlands. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be resolved by the courts of the region where MyStudentFinance is based.
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.
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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.