These are the general terms and conditions of Sekundi CvbA, with office in 1831 Machelen, Belgium, Pegasuslaan 5, traderegister no. 807.778.287, hereinafter referred to as Sekundi.
1. Clients: the companies and persons who hand over due and payable international claims to Sekundi for collection.
2. Debtors: the persons or companies that leave the clients' international claims due and payable unpaid.
3. Sekundi: the international debt collection network.
4. Claim: the unpaid amount that the debtor owes the client, plus statutory or agreed interest. If the chargeability of interest is in violation of local law, the interest will not be collected; This cannot be invoked against Sekundi.
5. Payable international claims: claims arising from a transaction between two or more parties not residing / established in the same country, whose payment term has expired and which are not time-barred.
6. Success fee: the agreed remuneration that the client owes Sekudi for a (partially) successful collection, to be calculated on the amount actually collected. The success fee percentage for the countries mentioned in https://sekundi.eu/pricing/ is 15%; For other countries will be provided on request.
7. Collection: every payment, whether to Sekundi, or to the business partner engaged by Sekundi, or to the client, made after the order has been issued, is considered to be collection. The client owes a success fee on the collected amount.
1. Acceptance of assignment:
These general terms and conditions apply to all offers from Sekundi and agreements that Sekundi concludes with its clients. The success fee is considered to be part of the general terms and conditions.
Sekundi performs its activities in accordance with these conditions.
Any conditions used by the client are not recognized and hereby rejected.
An order is deemed to have been accepted after Sekundi has sent the relevant order confirmation by email or regular mail, or after commencement of the work.
2. Mission - CSR
The objective of Sekundi is to collect the claims submitted to it for collection by all legal means at its disposal and in a socially responsible manner.
3. Duty to inform:
The Client is obliged to provide Sekundi with all information necessary for the success of the assignment, including relevant documents, at the discretion of Sekundi; failure of the assignment because the client has not provided the complete information or documents to Sekundi gives Sekundi the right to payment by the client of the success fee.
Sekundi is also entitled to payment of the success fee if, after a repeated request to the client, the latter is refused, or at least fails to provide a definite answer about a direct payment reported by the debtor.
After the order has been issued, the client will no longer attempt collection towards the debtor. If the debtor contacts the client with regard to the transferred claim, the client will refer the debtor to Sekundi, or to the relation of Sekundi in the relevant country of the debtor. Payments by the debtor to the client must be reported immediately to Sekundi.
The order for collection is accepted by Sekundi as an obligation to use best endeavors. Sekundi cannot be held liable for the lack of a result.
The liability of Sekundi for the professional errors it has made and the liability of Sekundi for the professional errors of third parties or equipment or software engaged by it in the context of the collection order issued to Sekundi is limited to the amount to which the professional liability insurance of Sekundi is entitled.
In the event that Sekundi' professional liability insurance does not pay out, Sekundi's liability is limited to the amount charged by Sekundi to its client.
6. Exchange rate:
Sekundi is not liable for exchange rate loss; bank charges in the context of transactions on behalf of a client are passed on to that client.
7. Applicable rights and competent court:
In disputes between Sekundi and its clients, Belgian law is applicable and the court of Sekundi's place of business has jurisdiction.