Article 1 Definitions

Expat Housing Brainport operates a sole proprietorship under Dutch law, specializing in real estate services. Expat Housing Brainport is located in Veldhoven and registered with the Chamber of Commerce under number 85346535.

Client: The natural person or legal entity with whom Expat Housing Brainport has entered or intends to enter into an agreement.

Assignment: An agreement for Expat Housing Brainport to provide services aimed at facilitating an agreement between the Client and a third party, pursuant to Article 7:425 of the Dutch Civil Code (BW).

Agreement: Any agreement concluded between Expat Housing Brainport and the Client, in which Expat Housing Brainport commits to performing work or providing services.

Parties: Expat Housing Brainport and the Client together.

Written: The term "written" refers to documents in paper form or by email.

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Article 2 Applicability

2.1 These terms and conditions apply to all offers, assignments, and agreements, as well as any supplementary or subsequent agreements and arrangements made by Expat Housing Brainport with its Clients.

2.2 Provisions deviating from these terms and conditions will only form part of the agreement between the Parties if and to the extent that the Parties explicitly agree to them in writing.

2.3 Expat Housing Brainport reserves the right to modify these terms and conditions.

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Article 3 Obligation of Effort

3.1 Expat Housing Brainport will make its best efforts, based on its knowledge and expertise, to achieve the desired or intended result as requested by the Client. This is always an obligation of effort by Expat Housing Brainport and not a result obligation. If the result is not achieved, the Client will not be released from their obligations to Expat Housing Brainport, unless the Parties have explicitly agreed that certain obligations are contingent on achieving the intended result.

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Article 4 Assignment

4.1 Expat Housing Brainport offers services related to the purchase and rental of properties. The services include, at a minimum:

• Identifying the Client's needs and searching for suitable properties for purchase or rental based on this.

• Planning and accompanying property viewings.

• Advising on bids and conducting negotiations.

• Reviewing and advising on agreements (purchase or rental).

• Assisting in finalizing the process, including the handover of keys.

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Article 5 Offer and Formation of the Agreement

5.1 Unless otherwise agreed in writing, any offer made by Expat Housing Brainport is non-binding.

5.2 The Agreement between Expat Housing Brainport and the Client is concluded when Expat Housing Brainport has accepted the Client’s Assignment.

5.3 The Agreement consists of an assignment confirmation, these terms and conditions, and any other agreements that Expat Housing Brainport may have made with the Client in writing.

5.4 Amendments and additions are only binding after written confirmation by Expat Housing Brainport.

5.5 The Client has the right to withdraw from the Agreement within the statutory 14-day cooling-off period.

5.6 If the offer indicates that the Agreement requires the Client's signature to be concluded, the Agreement is only formed when the document prepared by Expat Housing Brainport is signed by the Client and received by Expat Housing Brainport, along with all necessary information and documents required for the execution of the respective Assignment(s).

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Article 6 Commencement, Duration, and Conditions of the Assignment

6.1 If the Client owes an initial fee, the term within which the work under the Agreement must be performed will not commence until Expat Housing Brainport has received the full payment.

6.2 The Agreement is concluded for an indefinite term, unless otherwise agreed in writing.

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Article 7 Obligations of the Parties

7.1 The Client must provide Expat Housing Brainport with all information and documents necessary for the execution of the Assignment and ensures the accuracy of the provided information.

7.2 Expat Housing Brainport will accept any income documentation, but it is the Client’s responsibility to verify it. Upon request and payment, unless otherwise discussed and confirmed, Expat Housing Brainport will conduct a credit check.

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Article 8 Termination of the Agreement

8.1 The Agreement terminates under the following circumstances:

a) Completion of the Assignment by Expat Housing Brainport, unless the Agreement is of a continuous nature;

b) Expiration of the agreed term for a fixed-term Agreement;

c) Withdrawal of the Assignment by the Client;

d) Return of the Assignment by Expat Housing Brainport;

e) Termination by either Party;

f) Death of the Client.

8.2 Termination by Expat Housing Brainport does not release the Client from their payment obligations for work already performed or services already provided by Expat Housing Brainport.

8.3 The Agreement may be terminated at any time without notice. The Client is not liable for damages, but in case of early termination, the Client must pay for the costs incurred by Expat Housing Brainport up to that point.

8.4 Expat Housing Brainport may only terminate the Agreement early if there is a valid reason, such as a breakdown of trust between Expat Housing Brainport and the Client.

8.5 Either Party may terminate the Agreement immediately in writing in case of suspension of payments, bankruptcy application, or liquidation. Expat Housing Brainport is not obliged to refund or pay compensation in such cases.

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Article 9 Prices

9.1 Expat Housing Brainport charges a fixed start fee, unless otherwise agreed in writing. The start fee is due at the commencement of the Agreement.

9.2 Unless explicitly stated otherwise, all prices quoted by Expat Housing Brainport are exclusive of VAT.

9.3 For a mediation assignment for sale or purchase, the full fee is payable at the property transfer at the notary, unless otherwise agreed in writing.

9.4 The Client is obligated to fully reimburse third-party costs incurred by Expat Housing Brainport after the Client's approval, unless otherwise agreed in writing.

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Article 10 Invoicing

10.1 Unless otherwise agreed, the Client must pay all amounts owed to Expat Housing Brainport within 14 days after the invoice date.

10.2 If payment is not made on time, Expat Housing Brainport will send a reminder, giving the Client an additional 14 days to make payment without incurring extra costs.

10.3 If payment is still not made after the reminder, the Client will be in default, and Expat Housing Brainport is entitled to charge statutory interest.

10.4 Complaints regarding services performed and/or invoice amounts must be submitted in writing by the Client within 14 days of the invoice date or within 14 days after discovering the defect, provided the Client can show that the defect could not have been discovered earlier.

10.5 A complaint does not suspend the Client’s payment obligations, and set-offs are excluded.

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Article 11 Liability and Indemnity

11.1 Expat Housing Brainport is not liable for any damages, unless there is deliberate recklessness or gross negligence. Only direct damages are covered, not indirect damages such as lost profits, business interruption, or consequential damages.

11.2 Expat Housing Brainport is not liable for damages caused by third parties in the course of executing the Assignment.

11.3 The liability is limited to the amount covered by Expat Housing Brainport's insurance, if applicable.

11.4 Liability for indirect damages is excluded.

11.5 The Client indemnifies Expat Housing Brainport from third-party claims related to services rendered by Expat Housing Brainport, unless the damages were solely caused by Expat Housing Brainport’s actions.

11.6 The Client indemnifies Expat Housing Brainport from liability arising from failure to provide complete, accurate, and timely information, documents, or data.

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Article 12 Integrity, Confidentiality, and General Data Protection Regulation (GDPR)

12.1 Both Expat Housing Brainport and the Client must act with integrity, meaning:

a. Treating each other with respect;

b. Committing to keep confidential information received from the other party secret and using it only for the purpose for which it was provided.

12.2 If Expat Housing Brainport is required by law or a judicial ruling to disclose confidential information to a third party, and Expat Housing Brainport cannot claim legal privilege, Expat Housing Brainport will not be liable for any damages.

12.3 Expat Housing Brainport processes personal data properly and in compliance with its obligations under the GDPR and other privacy laws. For more information, see the privacy policy.

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Article 13 Governing Law and Disputes

13.1 The Agreement between Expat Housing Brainport and the Client is governed exclusively by Dutch law.

13.2 Any disputes will be resolved by the competent Dutch court, but Expat Housing Brainport has the right to bring a case before the competent court in the location where Expat Housing Brainport is based, provided the law does not mandate otherwise.