0. Defeinitions:

1. MyStudentFinance – Company reigstered at Gasthuisring 14 22 5041DS Tilburg, Netherlands |Chamber of Commerce (KVK) number: 90722558 | VAT identification number: NL004837869B30

2. Client or Consumer: the party which MyStudentFinance has entered into an agreement with.

3. Parties: MyStudentFinance and customer together.

1. Scope and Integration with Service Agreement 

These Supplementary General Terms and Conditions are an integral part of the MyStudentFinance Service Agreement. They are intended to provide additional detail and clarification to the terms outlined in the Agreement. In any situation where there is a conflict or discrepancy between these supplementary terms and the original Agreement, the terms of the Service Agreement shall take precedence.

2. Service Modification and Adaptation 

MyStudentFinance retains the right to change, suspend, or discontinue any part of its service offerings at any time. This includes adjustments due to evolving business needs, legal and regulatory changes, or other operational considerations. MyStudentFinance will endeavor to provide reasonable notice of significant changes and minimize disruption to clients.

3. Data Protection and Privacy Compliance 

MyStudentFinance commits to protecting client data in accordance with the latest data protection laws and our Privacy Policy. This includes the proper handling, storage, and processing of personal data, ensuring confidentiality and integrity. The data will only be used for the purpose of fulfilling contractual obligations and not for unrelated purposes.

4. Client Responsibility for Information

Clients are required to provide all necessary information accurately and promptly to facilitate effective service provision. MyStudentFinance relies on the completeness and accuracy of this information to deliver services. Clients are responsible for any additional costs or delays resulting from incomplete or inaccurate information provided.

5. Intellectual Property Rights and Usage 

All intellectual property related to the services, including but not limited to guides, methodologies, website content, and service materials, remains the exclusive property of MyStudentFinance. Clients are prohibited from reproducing, distributing, or utilizing these materials beyond their personal use without prior written consent from MyStudentFinance.

6. Disclaimer of Implied Service Warranties 

MyStudentFinance provides its services on an “as is” basis, without implying any guarantees or warranties beyond what is explicitly stated in the Service Agreement. This includes any implied warranties regarding the efficacy, success, or specific outcomes of the services provided.

7. Limitation of Liability 

MyStudentFinance’s liability in connection with the services provided under the Agreement is limited to the amount of fees paid by the client for the services. This limitation applies to all claims of liability, including indirect, incidental, or consequential damages arising from or related to the services.

8. Conditions and Procedures for Termination 

The termination of the Service Agreement or these supplementary terms must be carried out in accordance with the stipulations specified in the Service Agreement. Upon termination of the Agreement, these supplementary terms will automatically become null and void.

9. Dispute Resolution Mechanism 

Any disputes arising from or related to these supplementary terms and the Service Agreement shall be resolved as per the governing law and jurisdiction clauses specified in the Service Agreement. Both parties agree to seek amicable resolution through negotiation before resorting to legal proceedings.

10. Notification and Acceptance of Amendments 

MyStudentFinance reserves the right to modify these supplementary terms as necessary. Clients will be notified of significant amendments. Continued use of MyStudentFinance’s services after such notification will be deemed as acceptance of the revised terms.

11. Completeness of the Agreement 

The Service Agreement, together with these supplementary terms, constitutes the entire agreement between MyStudentFinance and the client. This document supersedes all prior understandings, communications, and agreements, whether oral or written, regarding the subject matter.

12. Severability of Terms 

Should any part of these supplementary terms be determined to be invalid or unenforceable by a court of competent jurisdiction, the remaining parts will remain in full effect. The unenforceable provision will be substituted with an enforceable provision that most closely matches the intent of the original provision.

13. Confidentiality of Information 

Both parties agree to maintain the confidentiality of any proprietary or confidential information exchanged during the course of the Agreement. This obligation extends beyond the termination of the Agreement and covers all forms of confidential information unless disclosure is required by law.

14. Force Majeure and Unforeseen Circumstances 

Neither party will be held liable for failure or delay in fulfilling their obligations if such failure or delay is due to circumstances beyond their reasonable control, including but not limited to natural disasters, war, governmental actions, or public health crises. This provision does not excuse the delayed party from attempting all reasonable solutions to fulfill their obligations as soon as possible.

15. Client’s Acknowledgment of Service Nature 

Clients acknowledge that they have been fully informed about and understand the nature, scope, and limitations of the services provided by MyStudentFinance. This includes an understanding of the potential risks and outcomes associated with the services.

16. Client Indemnification Obligations 

Clients agree to indemnify and hold harmless MyStudentFinance from any claims, liabilities, losses, damages, or expenses, including reasonable attorneys’ fees, arising out of their breach of these terms and conditions or the Service Agreement.

17. Restriction on Third-Party Rights 

These supplementary terms and conditions do not create any rights that are enforceable by third parties who are not party to the Service Agreement, except where explicitly stated otherwise.

18. Non-Solicitation of Employees and Subcontractors 

Clients agree not to solicit or entice away any employees or subcontractors of MyStudentFinance for a period of 12 months following the termination of the Service Agreement.

19. Primacy of the English Language Version 

In the event of any discrepancies in language or interpretation of these terms, the English language version of these terms shall prevail and be considered definitive.

20. Mechanism for Feedback and Early Dispute Resolution 

Clients are encouraged to provide feedback directly to MyStudentFinance regarding the services. In the event of a dispute, both parties agree to engage in good faith negotiations or mediation to seek resolution before pursuing formal legal action.

21. Terms Regarding Subscriptions 

For services provided on a subscription basis, these terms outline the conditions for subscription renewals, cancellations, pricing adjustments, and notification of such changes to clients.

22. Updates to Digital Content and Services 

MyStudentFinance reserves the right to update, modify, or otherwise alter digital content and services, such as software or online resources, provided that such changes do not materially diminish the quality or utility of the services.

23. Compliance with Applicable Laws and Regulations 

Both MyStudentFinance and the client commit to complying with all relevant laws and regulations in the execution and performance of the Service Agreement and these supplementary terms.

24. Consequences of Late Payment

If a client fails to make timely payments as stipulated in the Service Agreement and these supplementary terms, MyStudentFinance may impose late fees and interest on the overdue amount. Interest will be charged at a rate specified in the Agreement, accruing from the date the payment was due until the date payment is received. Additionally, MyStudentFinance reserves the right to suspend the provision of services until all outstanding payments are made.

25. Waiver of Cooling-Off Period for Consumers

Consumers acknowledge that by entering into the Service Agreement, they waive their right to a cooling-off period. This waiver is applicable to services that commence immediately or for digital content that is not provided on a tangible medium, which cannot be returned. The consumers agree that they lose their right to withdraw from the contract once the service has commenced or the digital content has been accessed.

26. Penalties for Violating Confidentiality and Intellectual Property Rights

In case of a violation of confidentiality or intellectual property rights as stipulated in the general terms and conditions, the offending party (customer) shall incur a substantial fine. Specifically, a fine of €1,000 will be levied against individual consumers and €5,000 against corporate customers for each violation. Additionally, a daily charge of 5% of the aforementioned fine will accrue for each day the violation continues. These penalties are enforceable without the need for proving actual damages, prior notice of default, or legal proceedings. The imposition of these fines does not preclude MyStudentFinance from seeking additional compensation for damages caused by the breach.

27. Indemnification Against Third-Party Claims

The customer agrees to indemnify MyStudentFinance against all claims, losses, liabilities, or expenses arising from third-party claims related to the products or services provided by MyStudentFinance. This indemnification covers all forms of third-party claims, ensuring that MyStudentFinance is protected against liabilities that may arise from its business dealings with the customer.

Updated on 7th of December 2023