Article 1 – Definitions
In these General Terms & Conditions the following is understood to mean:
- Relationship mediation: relationship services aimed at bringing single people together on a long-term basis;
- The Employer, hereinafter to be called “Quality Matchmaking International”: the natural or legal person who conducts relationship mediation on a professional or commercial basis;
- Client: the natural person not acting in the capacity of a profession or business;
- Agreement: the agreement with relation to relationship mediation between client and agency, in any form whatsoever closed.
- Contact opportunity: the opportunity offered by Quality Matchmaking International to the Client to contact a potential partner. A contact opportunity is also understood to mean a group meeting to get to know the Client(s).
- Terms and conditions: the(se) Terms and conditions Trade association Singles Keurmerk.
Article 2 – Application General terms & conditions
- Quality Matchmaking International is obliged to declare these General Terms and Conditions applicable to the Contract with the Client and to provide them to the Client before or at the time of the conclusion of the Contract.
- Quality Matchmaking International may only deviate from these Terms and Conditions for the benefit of the Client.
Article 3 – Information & Evaluation
- Quality Matchmaking International will provide the client with information in writing or electronically before the contract is concluded:
- the form(s) of relationship mediation offered by Quality Matchmaking International;
- the duration of the agreement;
- the method to be used;
- the rate to be paid by the Client.
- The information meant in paragraph 1 should give the Client a good idea of what they can expect in terms of services provided by Quality Matchmaking International. Quality Matchmaking International regularly evaluates the course of the mediation with the Client.
Article 4 – Introduction
The first introductory interview between Quality Matchmaking International and the Client is free of charge and lasts no longer than half an hour. If Quality Matchmaking International wishes to charge for this consultation, this must be expressly made known to the Client beforehand and the Client must agree to this in writing.
Article 5 – The agreement
The Agreement is concluded in writing or electronically and is provided with a date on which the services commence. In an electronic environment, the Agreement is not concluded until the Client has received the confirmation of the conclusion of the Agreement.
Article 6 – Cooling-off period
- The Client who has concluded the Agreement outside Quality Matchmaking International’s sales premises has the right to cancel the Agreement within fourteen days, free of charge. This statutory cooling-off period cannot be excluded by Quality Matchmaking International. If Quality Matchmaking International commences work for the Client during this cooling-off period at the Client’s request, the Client may be required to pay compensation in the event of cancellation, provided the Client has agreed to this in the Agreement.
Article 7 – Duration and termination agreement
- The Agreement is entered into for a fixed term. If the Client terminates the Agreement prematurely, after the consideration period but before the expiry date of the Agreement, they shall owe Quality Matchmaking International the registration fee, the administration costs and the other contractually agreed costs, provided that Quality Matchmaking International cannot be blamed for the termination.
- The assignment to Quality Matchmaking International shall be deemed to have been completed (and thus payment shall be due in full) once the term of the Agreement has expired or as soon as sufficient contact has been made during that period.
- If and for as long as the Client enters into a relationship during the term of the Agreement, whether or not via mediation by Quality Matchmaking International, he/she shall notify Quality Matchmaking International accordingly and mediation by Quality Matchmaking International shall be suspended for the duration of that relationship. During that period, the Client may not derive any rights from the Agreement and is not entitled to reimbursement of any amounts paid. Quality Matchmaking International’s services will in any event end on the expiry of the term of the Agreement.
Article8 – Duty of care of the employer
Quality Matchmaking International undertakes to treat the Client with the care of a good agency in the execution of the agreement. To this end:
- Quality Matchmaking International uses professional knowledge,
- In the case of relationship mediation, Quality Matchmaking International uses an appropriate selection and offers a reasonable number of Contact Opportunities, depending on the justified expectations of the Client and the information provided at the intake interview, the brochures and the profile drawn up.
Article 9 – Privacy protection
- Quality Matchmaking International shall process the personal data of its clients correctly and carefully in a manner consistent with the Personal Data Protection Act.
- Quality Matchmaking International shall destroy the Client’s personal data no later than two years after the termination of the Agreement.
Article 10 – Duty of payment of the client
- The client is obliged to pay the declaration of Quality Matchmaking International in due time.
- If the Client fails to pay on time, they shall be in breach. Quality Matchmaking International shall send the Client a payment reminder after the expiry of the term of payment, in which it points out the Client’s default and gives the Client the opportunity to pay within 14 days. This payment reminder shall explicitly state the consequences of non-payment, including the amount of collection charges then to be claimed in accordance with the Dutch Collection Charges Act (Wet Incassokosten).
- The Client shall not be in breach insofar as he/she demonstrates that he/she is authorised to suspend payment.
Article 11 – Other duties of the client
- The Client undertakes to behave correctly towards Quality Matchmaking International and the persons introduced to the Client within the framework of the execution of the Agreement.
- The Client is obliged to observe confidentiality with regard to the personal details of potential partners and shall indemnify Quality Matchmaking International against claims from third parties if liability is incurred as a result of a breach of confidentiality by the Client.
- The Client undertakes to cooperate with the services provided by Quality Matchmaking International. This means, amongst other things, that once a contact opportunity has been created, the Client shall actually make the acquaintance within a reasonable period of time if the proposed candidate so wishes. The Client shall then inform Quality Matchmaking International within a reasonable period of time whether or not a subsequent Contact Opportunity is expected.
Article 12 – Dissolution of the agreement
If a party fails to perform the Agreement, the other party is authorised to dissolve the Agreement, unless the failure does not justify dissolution due to its special nature or minor importance. Dissolution may be justified, among other things, in the event of breach by Quality Matchmaking International of its duty of care as stated in article 8 or in the event of breach by the Client of its duty to act correctly as stated in article 11.
Article 13 – Complaints
- Complaints about the execution of the Agreement must be submitted in writing to Quality Matchmaking International. Quality Matchmaking International must respond to the substance of the complaint within one month.
- If Quality Matchmaking International fails to respond (in time), the Client may make use of the dispute resolution procedure.
Article 14 – Dispute Resolution
- Disputes between the Client and Quality Matchmaking International regarding the Agreement may be submitted to the independent Disputes Committee for Relationship Mediation (hereinafter: “The Commission”) of the Trade association Singles Keurmerk (BVSK).
- The Commission uses dispute regulations which can be consulted on the website www.geschillencommissierelatiebemiddeling.nl and can also be requested from Quality Matchmaking International free of charge. The complaint must be submitted in writing to the Commission within six months of the termination of the Agreement. Written submission also includes electronic submission of the dispute via the Commission’s email address: firstname.lastname@example.org.
- For the handling of a dispute, a complaint fee is payable in accordance with the provisions of the Dispute Regulations.
- In addition to the Commission, civil courts are always authorised to deal with disputes.