GENERAL TERMS AND CONDITIONS 

Financial Business Plan Services 

Definitions 

1. Financial Business Plan Services: Ask Fonzy B.V., established in Amsterdam, Chamber of Commerce no. 34353959.
2. Customer: the party which Financial Business Plan Services has entered into an agreement with.
3. Parties: Financial Business Plan Services and customer together.
4. Consumer: a customer who is an individual acting for private purposes.

Applicability

1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Financial Business Plan Services. 
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

1. All prices used by Financial Business Plan Services are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. Financial Business Plan Services is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
3. Financial Business Plan Services has the right to adjust prices annually. 
4. Financial Business Plan Services will communicate price adjustments to the customer prior to the moment the price increase becomes effective.

Payments and payment term

The customer must have paid the full amount before delivery.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Settlement 

The customer waives his right to settle any debt to Financial Business Plan Services with any claim on Financial Business Plan Services. 

Guarantee

When parties have entered into an agreement with services included, these services only contain best-effort obligations for Financial Business Plan Services, not obligations of results.

Satisfaction guarantee

Financial Business Plan Services stand by the quality of their GENERATOR service. If, for any reason, the customer is unhappy with the service, Financial Business Plan Services offer an instant money-back guarantee: after the service has been fully deployed, the customer will have the option to demand a full refund and to give up access to the service. 

Performance of the agreement

1. Financial Business Plan Services executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. 
2. Financial Business Plan Services has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer. 
4. It is the responsibility of the customer that Financial Business Plan Services can start the implementation of the agreement on time.
5. If the customer has not ensured that Financial Business Plan Services can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.

Duty to inform by the customer 

1. The customer shall make available to Financial Business Plan Services all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement. 
3. If and insofar as the customer requests this, Financial Business Plan Services will return the relevant documents. 
4. If the customer does not timely and properly provides the information, data or documents reasonably required by Financial Business Plan Services and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

Indemnity

The customer indemnifies Financial Business Plan Services against all third-party claims that are related to the products and/or services supplied by Financial Business Plan Services. 

Complaints

1. The customer must examine a product or service provided by Financial Business Plan Services as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Financial Business Plan Services of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. 
3. Consumers must inform Financial Business Plan Services of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that Financial Business Plan Services is able to respond adequately. 
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Financial Business Plan Services being forced to perform other work than has been agreed. 

Giving notice

1. The customer must provide any notice of default to Financial Business Plan Services in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Financial Business Plan Services (in time). 

Liability of Financial Business Plan Services

1. Financial Business Plan Services is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence. 
2. If Financial Business Plan Services is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3. Financial Business Plan Services is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If Financial Business Plan Services is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period 

Every right of the customer to compensation from Financial Business Plan Services shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

Dissolution

1. The customer has the right to dissolve the agreement if Financial Business Plan Services imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 
2. If the fulfillment of the obligations by Financial Business Plan Services is not permanent or temporarily impossible, dissolution can only take place after Financial Business Plan Services is in default. 
3. Financial Business Plan Services has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Financial Business Plan Services good grounds to fear that the customer will not be able to fulfill his obligations properly. 

Force majeure

1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Financial Business Plan Services in the fulfillment of any obligation to the customer cannot be attributed to Financial Business Plan Services in any situation independent of the will of Financial Business Plan Services, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Financial Business Plan Services . 
2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 
3. If a situation of force majeure arises as a result of which Financial Business Plan Services cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Financial Business Plan Services can comply with it. 
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 
5. Financial Business Plan Services does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly. 

Changes in the general terms and conditions

1. Financial Business Plan Services is entitled to amend or supplement these general terms and conditions. 
2. Changes of minor importance can be made at any time. 
3. Major changes in content will be discussed by Financial Business Plan Services with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

Transfer of rights

1. The customer cannot transfer its rights deferring from an agreement with Financial Business Plan Services to third parties without the prior written consent of Financial Business Plan Services. 
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code. 

Consequences of nullity or annullability

1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. 
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Financial Business Plan Services had in mind when drafting the conditions on that issue.

Applicable law and competent court

1. Dutch law is exclusively applicable to all agreements between the parties. 
2. The Dutch court in the district where Financial Business Plan Services is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Drawn up on 20 december 2021.