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 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) Upon completion of the initial 20-week period, the agreement period will automatically be extended by an additional 12 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 20-week period.

C) 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. 

The Client acknowledges that the Consultant has sole discretion in determining whether components are considered successfully processed.

• 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.

 

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% (excl. btw) 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 independently. Payment of these invoices does not preclude the issuance of additional invoices for components that are subsequently processed.

 

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% (excl. btw) 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. 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 rendered, regardless of changes to DUO payouts or delays caused by external factors.

 

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 EUR 450.00 (excl. btw). 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).

 

I) If the Client fails to provide the required documents 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. 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 Service Completion: 350 EUR, if the Agreement is terminated post engagement in the application process, personal consultation, or submission assistance to DUO.

– After Service Provision Lasting Over a Month: 450 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.

 

E) If the Client fails to pay fees within seven (7) days after notification, the Consultant reserves the right to pursue collection costs, interest charges, and legal remedies in accordance with Dutch law. 

 

F) 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.

 

6. Limitation of Liability

A) 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. 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.

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.

 

C) No Liability for IBAN Usage:

The Consultant is exempt from liability for any losses or disputes arising from the modification or use of IBANs, provided such actions are carried out in compliance with the terms of this Agreement and applicable laws.

 

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.

 

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 thirty-one (31) 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) Notification and Transparency:

The detailed calculation and overview of deductions will be provided to the Client within the 31-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.

 

 

 

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