Introduction
The websites Flexas.com and Nedstone.com are property of and will be exploited by Flexas B.V., registered at the Chamber of Commerce under number 70311919 and with registered address Overschiestraat 63, 1062 XD Amsterdam. These General Terms and Conditions are copyrighted. We offer a free of charge service for lessees of commercial real estate. We will be paid by the lessor by means of bringing into account of advertising costs for the placing of an advertisement or an advising fee in a lease transaction.
1. Applicability of these General Terms and Conditions
1.1 By access, communication or the use of any part of the Flexas.com website, you agree with these General Terms and Conditions. Flexas.com can change these General Terms and Conditions at any moment, to its own discretion, without notifying you in advance. If you do not agree, with these General Terms and Conditions, then you will receive no applications from Flexas.com.
1.2 Each application or introduction of a customer to a lessor by Flexas.com is based on these General Terms and Conditions and the agreement between Flexas.com and lessor. An application or introduction gives cause to the payment of a commission upon a successful lease transaction in accordance with article 2 hereafter.
2. Commission fee
2.1 The compensation will be paid in form of a commission fee for the introduction of a customer/lessee to the lessor. The compensation is in case of lease 10% fee over the total contract value of the first year exclusive of possible discounts or incentives.
2.2 The fee is based on a one-year lease agreement, for each additional year stated at the start, an extra 0.5% shall be added.
2.3 The introduction of a customer/lessee to lessor, can take place in the following manner:
- Planning of a viewing between customer/lessee and lessor.
- Sending of an application per email to lessor with contact data and search request of the customer/lessee.
2.4 The fee invoice will be composed based on a copy lease agreement between the customer/lessee introduced by Flexas.com and lessor.
2.5 Lessor is obliged to, within 14 days after signing of the lease agreement between the customer/lessee introduced by Flexas.com and send lessor a copy of the lease agreement per email to [email protected].
2.6 The payment term is 14 days.
2.7 All amounts mentioned are exclusive of VAT.
2.8 If the lead expands within the same office and/or concept of the Landlord within 12 months of signing the Lease Agreement, Flexas will receive the compensation described in article 2.1/2.2 on the expansion.
3. Sale of office space or business centre
3.1 If lessor sells the office space or business centre (or a part thereof) offered, then it is the responsibility of lessor to notify Flexas.com hereof in writing, and to notify the future owners of the future obligations for the payment of commission fee in case of the successful introduction of a customer such as described in article 2.
3.2 When the office space or business centre on offer will be sold, we expect that all risks and obligations to Flexas.com shall form part of the sale, because of which the new owner will be obliged to make the future payments to Flexas.com. The non-compliance here with leads to the original owners being liable for possible outstanding posts or future commission fees.
4. Outstanding invoices
4.1 Flexas.com reserves the right to charge interest on outstanding invoices whereby the payment term has expired. For this the lawful interest of 7.75% will be applied.
4.2 If Flexas.com despite a payment reminder, still has received no payment, then this can result in the outsourcing of the claim to a collection agency or bailiff. Possible extra costs will be charged to the lessor.
5. Copyright
5.1 The website, software, texts, images, design and all other materials on Flexas.com are the copyright of Flexas.com. All rights reserved. Each use of the materials on this website, without prior permission in writing of Flexas.com is strictly forbidden.
5.2 Flexas.com is free to use the information over office spaces in its marketing or online and offline expressions on third party media.
5.3 Flexas.com is not responsible for the correctness of texts, details and images of the buildings, office spaces and advertisement on the website.
6. Acceptation applications
6.1 If Flexas.com has sent an application, that is already known to lessor, then Flexas.com must be notified hereof within 48 hours per email, also called a “Rejection”.
6.2 If Flexas.com receives no “Rejection” from lessor, then Flexas.com has, upon a conclusion of a lease agreement between the introduced customer/lessee and lessor, a right to the commission fee such as described in article 2.
7. Right to a commission fee
7.1 If Flexas.com introduces a customer/lessee in the form of a viewing and this leads to a lease agreement, then Flexas.com has each time a right to a commission fee such as described in article 2, irrespective of whether the lead has been reported earlier by a third party or collaborating party of lessor.
7.2 Flexas.com will be each time be enabled by the lessor to plan a viewing between customer/lessee and lessor, irrespective of whether this application is known to lessor.
8. Media products
8.1 Upon purchasing of one or more media products from Flexas.com, the entire amount will be brought into account in advance, after approval of the principal.
8.2 Flexas.com is obliged to deliver the media products to principal within 30 days after approval.
8.3 If on the moment of the appointment planned with the principal, nobody is present on location, and the photographer or videographer cannot do his/her work, then Flexas.com will bring the following into account to the principal:
- € 450 excl. of VAT when purchasing the entire package.
- € 100 excl. of VAT when purchasing a single product from the media package.
9. Secrecy
The applications or viewings introduced by Flexas.com shall solely be used for the offer of lessor. The lessor is not permitted to bring the customers/lessees introduced into contact with third parties. In case of a conclusion of a lease agreement between the customer/lessee introduced and a third party introduced by lessor, then Flexas.com shall bring the commission fee such as described in article 2, into account to lessor.
10. Disputes
10.1 All disputes that might emerge further to the present agreement or these General Terms and Conditions, shall solely be resolved in the first instance by the District Court of Amsterdam.