Update: Jan. 11, 2023

General Terms and Conditions - Broker

In order to be aware of your rights and obligations, Eerlijk Bieden always recommends that you read the General Terms and Conditions carefully.

Article 1: Definitions.

  1. Subscription: an Agreement between Eerlijk Bieden and the Client that entitles the Client, upon payment of the applicable subscription rate, to consume the agreed service during the Contract Period.
  2. Pay-to-Use: an Agreement between Eerlijk Bieden and the Client that entitles the Client, upon payment of a fixed object rate, to consume the agreed services for 1 specific cadastral object.
  3. Contract Period: the term that begins when the Client has selected a payment option and which term continues for the period agreed upon between Eerlijk Bieden and the Client in the Agreement.
  4. Client: any person to whom Eerlijk Bieden makes an offer (quotation) or with whom Eerlijk Bieden concludes an Agreement, to which these terms and conditions are declared applicable.
  5. Contractor: Eerlijk Bieden B.V. (hereinafter referred to as: Eerlijk Bieden), which provides the System to and performs work for clients with respect to organizing a bidding process.
  6. Agreement: a non-exclusive license for your own use in the Netherlands of the System "Eerlijk Bieden" under the terms and conditions set forth in these Terms of Use.
  7. Parties: Principal and Contractor jointly.
  8. System: the web application of Eerlijk Bieden issued to Client.

Article 2: Applicability

  1. These general terms and conditions apply to all offers (quotations) of Eerlijk Bieden and to all Agreements concluded by Eerlijk Bieden with a Client to perform work and supply the System.
  2. Eerlijk Bieden is free to modify the General Terms and Conditions. Substantive changes must be announced 7 days prior to ratification.
  3. Amended terms will take effect seven days after the publication of the amendment.
  4. By creating an account with Eerlijk Bieden , the Client declares itself familiar with and in agreement with the General Terms and Conditions. Eerlijk Bieden expressly rejects the applicability of the Client's general terms and conditions, however named.

Article 3: Offers

  1. All offers (quotations) from Eerlijk Bieden are entirely without obligation.
  2. Offers (quotations) are valid for 30 days.

Article 4: Prices 

  1. The rates charged by Eerlijk Bieden are in Euros and will be increased by sales tax (if such tax is due under the law) and by any other charges.
  2. The Subscription Agreement is subject to a fixed monthly subscription rate. Client authorizes Eerlijk Bieden to pay the subscription fee at the end of each month during the Contract Period, by direct debit.
  3. The Pay-to-Use Agreement is subject to a flat rate per unique cadastral registered object. Client authorizes Eerlijk Bieden to pay the subscription fee at the end of each month during the Contract Period, by direct debit.
  4. In addition, the Client may use (paid) modules. The costs of paid modules are disclosed in advance and are added to each monthly invoice (if applicable) as long as the module remains activated.
  5.  Unless expressly agreed otherwise, Eerlijk Bieden shall have the right to increase the rates payable by the Client effective January 1, 2024 based on the Consumer Price Index, all households (2006 = 100) of the CBS. The adjusted rate is calculated by multiplying the applicable rate by the index figure of the year prior to the year on which the adjustment becomes effective, divided by the index figure of the calendar year prior to the year on which the applicable rate became effective.

Article 5: Duration of the agreement

  1. Each (unlimited) Subscription Agreement between Eerlijk Bieden and the Client is entered into for the duration of 1 year, unless expressly agreed otherwise. The effective date of a Contract Period is equal to the selection moment of the payment option. After the expiration of the Contract Period, the Agreement is tacitly renewed, unless the Client has indicated two months before the end of the Contract Period that it does not wish to continue the Agreement.
  2. The Pay-to-Use Agreement is subject to a contract period of at least 1 month, unless expressly agreed otherwise. The effective date of a Contract Period is equal to the selection moment of the payment option. After the end of the Contract Period, the Agreement is tacitly renewed, unless the Client has indicated in writing in the interim that it does not wish to continue the Agreement.
  3. Unless otherwise agreed upon, funds will be collected monthly. If Client defaults on payment, Eerlijk Bieden will block the login for the System. The invoice amount, plus statutory interest, will be offered to a collection agency. 

Article 6: Termination

  1. Eerlijk Bieden is free to unilaterally terminate Client's Agreements upon reasonable suspicion of fraud, or following a Disciplinary Law ruling.
  2. Interim termination or dissolution of the Agreement by the Client is only possible if Eerlijk Bieden has failed imputably in the performance of the Agreement.
  3. If, in the opinion of the Customer, Eerlijk Bieden has failed imputably, it shall forthwith inform Eerlijk Bieden thereof by registered letter. Eerlijk Bieden must be given the opportunity during a period of fourteen (14) days to still comply properly. If Eerlijk Bieden remains in default even during this period, the agreement may be terminated or dissolved in whole or in part by the Client, unless that default, in view of its special nature or minor importance, does not justify such termination or dissolution with its consequences.
  4. Termination or cessation of business - for whatever reason - by the Client will never result in repayment of funds.

Article 7. Invoices and payment

  1. Unless a different term or agreement is indicated on the offers (quotations), invoices from Eerlijk Bieden must be paid within 14 days of the invoice date.
  2. If an invoice is not paid within the relevant term, Eerlijk Bieden is entitled to compensation of all judicial and extrajudicial costs it incurs in connection with exceeding the term. Eerlijk Bieden is also entitled to compensation of the statutory interest on the amount owed by the Customer. Eerlijk Bieden is also entitled to suspend (further) fulfillment of its obligations until full payment has been made.
  3. Any right of the Client to suspend or set off payment of amounts due is excluded.
  4. In case of disagreement as to the exact amount of what is owed by the Client to Eerlijk Bieden , the administrative records of Eerlijk Bieden will be decisive, unless written evidence to the contrary is provided by the Client.

Article 8: System Availability.

  1. Eerlijk Bieden strives to keep the System functioning as well as possible at all times. However, like other software solutions, Eerlijk Bieden will sometimes suffer from malfunctions. The Client can then contact Eerlijk Bieden and Eerlijk Bieden will do its utmost to resolve the malfunction as quickly as possible. 
  2. Eerlijk Bieden shall not be liable for damages related to transmission errors, malfunctions or non-availability (or incomplete availability) of the System for any other reason, unless the damages result from intent or gross negligence of Eerlijk Bieden.
Article 9: Links with third parties

  1. Eerlijk Bieden enables the System to be linked with third parties such as CRM parties, media partners, etc.
  2. Depending on the third party, a number of data points are imported that were made known when setting up the link between Eerlijk Bieden and the third party.
  3. To start a bidding process, Eerlijk Bieden imports at least: the address data of the object, the asking price and the contact data of the seller(s). Additional data points can be requested and have to be communicated by Eerlijk Bieden or the third party.
  4. Eerlijk Bieden shall not be liable for damages related to transmission errors, failures or not (fully) available to the third party for any other reason, unless the damages result from intent or gross negligence of Eerlijk Bieden.

Article 10: User rights

  1. Eerlijk Bieden is entitled to make changes and updates in or to the System without prior notice to Client. In addition, Eerlijk Bieden is entitled to make changes to the login procedure and user access and name. 
  2. The Client shall not be permitted to use the System for unlawful and punishable conduct. This will be the case, among other things, if the use includes:
  3. The (unlawful) distribution of copyrighted material;
  4. the unlawful or criminal dissemination of non-public data;
  5. the distribution of criminal texts and visual and audio materials;
  6. computer hacking (also known as "hacking") via the Internet or the System otherwise;
  7. destruction, damage or disabling of systems or automated works and software of others;
  8. Use the Service for any purpose other than as defined in this Agreement, or to copy, modify, decompile, deassemble, (attempt to) discover the source code thereof, or otherwise alter the Service, other than as expressly provided in this Agreement and unless and to the extent that it would be permitted under mandatory statutory provisions;
  9. the (unlawful) distribution of texts, visual and audio material to e-mail addresses that are not relations of the Client (also known as ''spamming'')
  1. The Client shall not be permitted to initiate or allow processes to continue, which it can reasonably suspect will interfere with other users of the System or adversely affect other use of the System.
  2. The Client is not permitted to reproduce or (further) disclose the System of. The Client may not grant sub-licenses to third parties without the prior consent of Eerlijk Bieden .

Article 11: Indemnification

  1. Client grants Eerlijk Bieden an indemnity for and from all claims by third parties, of whatever name, in respect of compensation for damage, costs or interest related to the System, except in the event of gross negligence or intent on the part of Eerlijk Bieden. This indemnification also covers the situation when third parties bring legal action against us based on a violation of the Personal Data Protection Act and/or other legislation on the processing of personal data.

Article 12: Limitations of liability

  1. The liability of Eerlijk Bieden is at all times limited (including with respect to its activities as Processor under the Processor Agreement below) to a maximum of the amount for which Eerlijk Bieden is insured, or, if Eerlijk Bieden 's insurance does not provide coverage, to the amount of license fees paid by the Client to Eerlijk Bieden in the preceding year. Eerlijk Bieden is not liable for indirect damages, including lost profits, lost savings, reduced goodwill, damages due to business interruption, damages due to loss of data and reputational damage.

Article 13: Intellectual Property

  1. Unless expressly agreed otherwise, the intellectual property rights (including copyrights) of all products (including data and data files) made available to a Client under the Agreement shall remain with Eerlijk Bieden and shall not be transferred to the Client.
  2. With regard to the products referred to in Article 12.1, a Client is only granted a personal and non-transferable right of use; this right does not (also) accrue to companies or institutions affiliated with the Client. The Client shall not be entitled to copy or otherwise reproduce the products or make them public in any way whatsoever, other than in accordance with what has been stipulated in this respect in the relevant Agreement. To the extent that the products consist of data or data files, they may not be "retrieved" or "reused" within the meaning of the Databases Act, except to the extent necessary to effect the agreed use of such data or data files. The foregoing restrictions shall not affect the rights of the Client arising from Sections 45j and 45k of the Copyright Act 1912 (permitted own use for backup and archive purposes).
  3. Without prior written permission from Eerlijk Bieden , the Client is not permitted to use logos, brands, trade names or other intellectual property of Eerlijk Bieden in its communications with third parties.
  4. In case of violation of one of the provisions of article 12.2 or 12.3, the Client forfeits (for each violation) to Eerlijk Bieden a once-only, immediate and not susceptible to set-off penalty of € 50,000 (in words fifty thousand euros), as well as a penalty of € 5,000 (in words five thousand euros) for each day or part thereof that the violation continues, all this without prejudice to the right of Eerlijk Bieden to compensation for the damages suffered and to be suffered by it.

Article 14: Audits

  1. Eerlijk Bieden is free to audit Client's executed Bid processes without prior notice.
  2. Findings resulting from the audits conducted will be reported to the client within 24 hours.
  3. Eerlijk Bieden is free to share audit findings with Third Parties such as, but not limited to: the trade association and disciplinary committees.

Article 15: Confidentiality

  1. The parties will keep all confidential information (such as, among others, any technical information, information about suppliers, users, software, software, payment data, information about business processes, product, price, market, customer and company data) that they have obtained from and/or about each other in the context of the Agreement strictly confidential and will not use or disclose it without the prior written consent of the other party.

Article 16: Use of data

  1. The Client grants Eerlijk Bieden a license for the non-commercial use of the (aggregated) data resulting from the use of Eerlijk Bieden. Personal data are expressly excluded from this.
  2. Client may at any time request the (aggregated) data resulting from the use of Eerlijk Bieden from Eerlijk Bieden.
  3. Eerlijk Bieden strives to provide this data within 5 business days.

Article 17: Other provisions

  1. Eerlijk Bieden provides access to separate modules within the System.
  2. If Client engages separate modules from partners, the then current general terms and conditions of this partner shall apply.
  3. Eerlijk Bieden does not guarantee the accuracy or operation of the modules.
  4. Eerlijk Bieden is not liable for damages resulting from the use of third-party applications and/or from shortcomings or wrongful acts of third parties.

Article 18: Applicable law 

  1. Dutch law applies to all Agreements.
  2. Disputes relating to the (performance of the) Agreement and these general terms and conditions shall in the first instance be submitted to the competent court in the district in which Eerlijk Bieden has its registered office.
  3. Eerlijk Bieden is entitled to amend these Terms and Conditions from time to time. Changes will be made via email no later than 7 days prior to the change taking effect.

Addendum: Processor Agreement Eerlijk Bieden

Version 1. 23-10-2022

Article 1: Processing personal data

  1. The Client stores various Personal Data of customers in Eerlijk Bieden . Eerlijk Bieden thus processes Personal Data on behalf of the Client, whereby the Client determines the purpose and means of the processing. Eerlijk Bieden therefore acts as Processor within the meaning of the (AVG). The arrangements for the processing of Personal Data by Eerlijk Bieden are laid down in this Processor Agreement.
  2. In this agreement (the Processor Agreement), the following terms shall have the following meanings:
    1. Data Subject: The person to whom the Personal Data relates.
    2. Personal Data Breach: Any breach of security leading accidentally or unlawfully to the destruction, loss, alteration or unauthorized disclosure of, or unauthorized access to, transmitted, stored or otherwise processed Personal Data as referred to in Article 4 AVG.
    3. Personal data: Any data relating to an identified or identifiable natural person as referred to in Article 4 AVG.
    4. Processing: An operation or set of operations involving Personal Data or a set of Personal Data, whether or not carried out by automated means, such as the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction of data as referred to in Article 4 AVG.
    5. Processor: Eerlijk Bieden

Article 2: Scope of the Processor Agreement. 

Respondent hereby instructs Processor to process Personal Data on its behalf under the terms of this Agreement. Processor shall process the Personal Data solely on the basis of this Agreement and the instructions of Respondent and shall not process the Personal Data for any other or its own purposes. Processor does not control the purposes and means of processing the Personal Data. Processor processes the Personal Data only in the European Union. The Processor Agreement does not cover processing within applications made available by third parties through Eerlijk Bieden. The relevant third parties are the processor of the Personal Data processed in the applications under Responsible Party's responsibility.

Article 3: Nature and purposes of processing

  1. Eerlijk Bieden acts as an intermediary between the consumer and a broker. For these reasons, we therefore gather the same information that a broker would ordinarily receive when making an offer. 
  2. The Personal Data are processed for the Client's business activities, which in any case should include managing and maintaining client data, advising and mediating in the purchase and sale of real estate, preparing legally valid documents such as purchase deeds, appraisal reports and purchase orders as well as taking care of the bookkeeping for sole proprietorships and providing data to notaries, banks, lenders.

Article 4: Personal Data Processed.

Although we request only minor personal information, we are required to process some data. The data we collect depends on the activity, but always comes from the candidate's own input.

  1. The use of the bid form:

When using our online bid form, the user always shares the following personal data:

  • First name;
  • Surname;
  • E-mail address;
  • Telephone number;
  • User ID;
  • Details of the bid.
  1. Using the support function:

When a user wishes to get in touch with us, we collect the following data:

  • First name;
  • (Optional) Surname;
  • (Optional) E-mail address;
  • IP address;
  • Browser type;
  • Operating system.
  1. Using the Data Room:
  • E-mail address;
  • Documents regarding the property;
  • Submitted questions.
  1. The use of the personalia form
  • Given names;
  • Surname;
  • Birthplace;
  • Date of birth;
  • Current address;
  • Current zip code;
  • Current residence;
  • E-mail address;
  • Telephone number;
  • Marital status;
  • Document type;
  • Document number;
  • Copy ID;
  • Questions for the purposes of the WWFT.

Article 5: Secrecy of Personal Data. 

  1. Processor shall keep Personal Data of which it becomes aware strictly confidential and shall therefore not share with or provide to third parties under any circumstances, except if and insofar as 
    1. Processor has received prior permission or instruction from the Responsible Party to do so or 
    2. any mandatory statutory provision requires it to provide it. 
  2. If Processor is required by mandatory regulations to share Personal Data with or provide Personal Data to third parties, Processor shall inform the Controller in advance, unless this is not permitted by the said regulations. 
  3. Processor shall ensure that the persons authorized to process the Personal Data, including its employees and any Sub-processors, have agreed in advance in writing to maintain confidentiality.

Article 6: Security measures

Processor shall take into account the state of the art, the costs of implementation, and the nature, scope, context and purposes of processing and the risks to the rights and freedoms of individuals, which differ in their likelihood and severity, and shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk in accordance with Article 32 AVG. This takes place inter alia by:

  1. secure and encrypted connections such as through HTTPS (Secure Socket Layer);
  2. prompt restoration of the systems/software used by Eerlijk Bieden in the event of incidents;
  3. encryption (encryption/hashing) and pseudonymization of Personal Data;
  4. Use of secure and regularly changing identification codes and login credentials;
  5. security of the overall digital infrastructure of Eerlijk Bieden (up-to-date security) software on the systems used by Eerlijk Bieden and use of firewalls;
  6. Periodic vulnerability scans and penetration tests to detect potential weaknesses;

Article 7: Provision of Assistance. 

Processor shall:

  1. Taking into account the nature of the processing, to the extent possible assist the Controller in a data protection impact assessment or prior consultation with the Personal Data Authority. 
  2. To make available to Respondent all information necessary for Respondent to comply with its legal and contractual obligations in connection with the processing of Personal Data by Processor. 
  3. Taking into account the nature of the processing by means of appropriate technical and organizational measures, to the extent possible, assist the Responsible Party in fulfilling its duty to respond to requests to exercise the legal rights of data subjects as established in Chapter III of the AVG (inter alia, the right of access, rectification, erasure or restriction of data processing and the right to object).

Article 8: Supervision of Compliance. 

  1. Processor shall enable Respondent to check Processor's compliance with the Processor Agreement, and in particular the security measures mentioned in Article 4, at least once per calendar year, upon reasonable notice.
  2. To this end, Processor shall provide independent auditors hired by (and at the expense of) Controller with access to relevant parts of the premises, systems and/or servers in/which the processing of Personal Data takes place and shall provide to Controller and/or auditors hired by Controller, all relevant information.

Article 9: Personal Data Breach (data breach).

  1. As soon as possible, but no later than forty-eight (48) hours after Processor learns of a Personal Data Breach, Processor shall notify Controller and shall, in any event, provide information regarding the following:
    1. The nature of the Personal Data Breach, where possible indicating categories of Data Subjects and, approximately, the number of Data Subjects; 
    2. the identified and expected consequences of the Breach in relation to Personal Data and 
    3. the measures that Processor has taken and will take to address the Personal Data Breach, including, where applicable, the measures to mitigate any adverse consequences thereof. 
  2. Processor shall take all necessary measures necessary to limit the (possible) adverse consequences of the Breach in connection with the Personal Data and prevent any recurrence and shall support Respondent in notifications to Data Subjects and/or authorities.

Article 9 Responsible party obligations 

  1. The Controller is solely responsible for informing and - if in the judgment of the Controller necessary - obtaining the consent of the Data Subject for the processing of his or her Personal Data within Eerlijk Bieden. Processor is not liable for not informing or not obtaining consent from the Data Subject in the appropriate manner.

Article 10 Termination

  1. Upon termination of the Agreement, Processor shall destroy all Personal Data within eight weeks of termination of the Agreement, except as provided in Section 2. 
  2. If a statutory retention obligation requires Processor to retain certain Personal Data and/or documents, computer disks or other data carriers on or containing Personal Data for a statutory period, then Processor shall arrange for the destruction of such Personal Data and/or data carriers within four weeks of the termination of the statutory retention obligation. 
  3. As long as Processor has Personal Data in its custody, all restrictions set forth in this Processor Agreement shall remain in effect.