TERMS AND CONDITIONS OF NEXUS LAW FIRM

Version: 1.0
Effective date: 1 januari 2025

TERMS AND CONDITIONS OF NEXUS LAW FIRM

These terms and conditions regulate the legal relationship between you and Nexus Law Firm and apply to all services we provide. By using our services, you agree to these terms and conditions in their entirety.

1. BUSINESS INFORMATION AND LEGAL QUALIFICATIONS

Nexus Law Firm is a sole proprietorship registered with the Chamber of Commerce in Zwolle under registration number 99949687. The practice is managed by a recognized Dutch lawyer who specializes in Dutch rental law and is authorized to represent clients before the Huurcommissie (Dutch Rent Tribunal).

Our services are offered exclusively in the field of Dutch rental law. You can reach us by email at info@nexuslawfirm.nl and we aim to respond to your requests within 24 working hours. Our office hours are Monday through Friday from 09:00 to 18:00 CET.

2. ESTABLISHMENT OF LEGAL RELATIONSHIP

The fact that you visit our website, use our free calculators, or receive initial information from us does not mean that a legal relationship between us has already been established. Communication at this stage is informational in nature and does not constitute legal advice.

A formal legal relationship is established only when you formally submit a case through our intake form (Tally), when you receive and sign an engagement letter from us, and when payment has been confirmed or the case has been accepted by us. From that moment onwards, you are our client and these terms and conditions apply in full.

3. SERVICE: RENT REDUCTION (NO WIN, NO FEE)

3.1 Description of the service

We offer you legal support to determine whether your rental price is higher than the maximum legally permitted under the WWS system (Woningwaarderingsstelsel - Housing Valuation System). If this is the case, we will negotiate with your landlord, if necessary file a formal objection with the Huurcommissie, and represent you in further proceedings. Our goal is to obtain a rent reduction and, where possible, reimbursement of overpaid amounts from the past.

3.2 Working method and duration

After receiving your engagement letter, we will first conduct a thorough analysis of your situation. This includes reviewing your rental contract, calculating the maximum legally permitted rent, and advising on next steps. We will then contact your landlord and negotiate for an amicable settlement. If this fails, we will proceed to file an objection with the Huurcommissie.

The average duration of the entire process is six to eight weeks. However, this may be shorter or longer depending on your landlord's level of cooperation and the scope of work required. In some cases, we quickly reach an amicable settlement; in others, an extensive Huurcommissie procedure is necessary.

3.3 No guarantee of outcome

We explicitly point out that we cannot guarantee any outcome of your case. The Huurcommissie is an independent government body that follows its own jurisprudential line. Although we will make maximum effort to prepare and present your case as well as possible, the Huurcommissie may rule against you, may award a lower amount than you hope for, or may differ in opinion from our argumentation for other reasons.

Furthermore, the willingness of your landlord to cooperate in an amicable settlement cannot be guaranteed by us. Additionally, your landlord's financial ability to honor any reached agreement may reduce the ultimate benefit you receive. You accept these risks in their entirety by engaging our services.

3.4 Fee structure: No Win, No Fee

The fee structure we employ is based on success. This means you only pay if we actually achieve results.

Success is defined as achieving written confirmation from your landlord that the rental price will be reduced, or a ruling from the Huurcommissie in which a rent reduction is ordered. Once this point is reached, the success fee is calculated and becomes due.

The success fee consists of two components. The first component is a percentage of all amounts you have overpaid in the past and that are actually repaid. This percentage amounts to 35% of the total repayment amount. The second component is compensation for future savings, calculated as three times the monthly rent reduction, calculated from the date the reduction takes effect.

A practical example clarifies this. Suppose you have been paying a rent price that is €200 per month too high since January 1, 2023. You come to us, and on July 1, 2026, the Huurcommissie determines that your rent must be reduced by €200 per month. Over the period from January 1, 2023 to June 30, 2026, you have therefore paid €200 too much per month. This is 42 months, so a total of €8,400 too much. We receive 35% of this as our fee, which amounts to €2,940. Additionally, you will henceforth pay €200 less per month in rent. The future fee for us is three times this amount, so €600. The total fee is therefore €3,540.

It is crucial that you understand that the fee amount is entirely determined by what the Huurcommissie actually awards, not by what we initially argued. Suppose the Huurcommissie determines that you pay only €150 per month too much instead of €200, then the fee is calculated based on €150. You therefore bear the risk that the Huurcommissie awards less than you initially hoped. We accept this risk as a service provider; however, you still benefit from the actual savings you achieve, however large this may be.

Both parties hereby declare that this model is acceptable to both parties because you are exempt from payment if results are not achieved, while we exert ourselves to realize the best possible outcome for you.

3.5 Payment of Huurcommissie filing fee

If your case develops in such a way that Huurcommissie filing becomes necessary, this requires formal filing with the government body. The Huurcommissie charges a filing fee for this, currently €25. Additionally, we incur administrative costs for the filing process. The total amount you pay for this phase is €75.

This amount is only due in the event that Huurcommissie filing actually takes place. You pay this amount before we proceed to filing. The amount is non-refundable because work has already been performed at the time of payment that makes filing possible, and because filing with the Huurcommissie has an irrevocable character.

However, you should be aware that you are not required to attend a mandatory hearing. You may choose to attend the Huurcommissie hearing yourself. In that case, we will provide you with all necessary preparation.

3.6 Payment: Premium representation at Huurcommissie hearing

You have the option of engaging us for full representation at the Huurcommissie hearing. This means we act on your behalf, defend your interests, and make all oral submissions. This is an optional service that you can add.

The fee for this service is €295. This amount covers all preparation, strategy determination, and actual representation at the hearing. This amount is due before we proceed with these services. It is non-refundable because we have already performed considerable preparation once you sign up for this option.

You should be aware that even after paying this amount, you can choose not to attend the hearing, or to act on your own behalf instead of us representing you. However, this does not change the fact that the amount is already due and non-refundable because we have performed work in preparation for your representation.

3.7 Client grants full mandate and may not direct case themselves

The moment you sign and submit our engagement letter, you grant Nexus Law Firm full authority for all work. This means that all decisions regarding strategy, timing, communication with the landlord, choice between amicable settlement versus Huurcommissie procedure, and all other legal matters are made by Nexus.

You may not involve yourself as a legal party in the case. You may not send letters to the landlord, make demands, or conduct negotiations without prior permission from Nexus. This could harm our work and undermine our strategy.

However, you are obligated to cooperate with all procedural steps that Nexus deems necessary. This includes providing requested documents, answering questions, and accompanying Nexus to hearings that you must attend. Failure to cooperate with these obligations gives Nexus the right to terminate the case and dismiss you as a client.

3.8 Penalty for premature termination

If you prematurely terminate the case, revoke the mandate, or otherwise end the cooperation with Nexus after we have performed work, you owe a penalty amount. This amount is calculated based on the work already performed.

For the intake phase and initial assessment, this amount is €300. Furthermore, all other work is charged at €150 per hour of work performed by Nexus. Negotiations with the landlord, preparation of Huurcommissie documents, all this work is included in the calculation.

A practical example: You pay €75 for Huurcommissie filing. Two weeks later you say you want to stop the case. Nexus has spent ten hours on preparation during those two weeks. The penalty amount is then €300 (intake phase) plus 8 hours at €150 (because two hours fall under the intake phase) = €300 + €1,200 = €1,500. From this amount, the already paid €75 filing fee is deducted, so you owe €1,425.

This amount is due within fourteen days. Non-payment results in transfer to a collection agency.

3.9 Failure of landlord to make reimbursement

Suppose the Huurcommissie determines that your rent must be reduced, but the landlord refuses to comply. In this case, you are yourself obligated to take follow-up steps. This may mean engaging a process server (gerechtsdeurwaarder) or starting a civil procedure.

Nexus can advise you on this, but you are yourself responsible for further enforcement of your right. We will, insofar as we can and insofar as you request us to do so, provide you with support. However, Nexus assumes no risk if the landlord still does not pay. The success fee you owe us is not reduced because the landlord fails to comply with the Huurcommissie ruling.

You understand therefore that although you share the risk of Huurcommissie loss with Nexus, you bear the risk of landlord non-compliance entirely yourself.

4. SERVICE: DEPOSIT RECOVERY (NO WIN, NO FEE)

4.1 Description of the service

Dutch rental law provides that a landlord may demand a maximum of two months' rent as a security deposit. However, many landlords demand more. We offer you assistance in recovering illegally paid security deposits. We will calculate the amount of illegal excess, contact your landlord, and take legal action if he does not voluntarily repay it.

4.2 Fee structure: 35% of recovered amount

For this service, we also use a No Win, No Fee model. You pay only if we actually achieve results.

Success is defined by the fact that you actually receive money from your landlord. This can result from an amicable settlement, written acknowledgment from the landlord, or a Huurcommissie ruling.

The fee amounts to 35% of the amount that is actually transferred back to you. This means we are only paid for the money that is actually repaid, not for the amount that was originally illegal but cannot be recovered.

An example: you paid €2,500 as a security deposit, while the legal maximum is €1,500. The illegal overage is €1,000. After negotiation, your landlord reaches a settlement of €800. The fee amounts to 35% of €800, so €280. You receive €520.

If the landlord is completely unwilling to pay, you receive nothing, and you owe us nothing.

4.3 Payment only after reimbursement is received

The fee is only due after you have actually received the reimbursed amount. We will deduct the fee amount in consultation with you from the reimbursed amount.

5. SERVICE: CONTRACT REVIEW

5.1 What you receive

For the fixed amount of €149, we conduct a detailed legal analysis of your rental contract. This analysis includes an examination of twelve crucial points that are frequently violated in rental contracts.

We check, among other things, whether maintenance obligations are correctly allocated, whether the security deposit is legally determined, whether rent increase clauses comply with the law, whether termination penalties are legally valid, and whether various other provisions do not violate Dutch rental law. For each violation we find, we will explain to you in clear language what the violation is and what consequences this may have.

Additionally, if violations were found, we will provide you with a template demand letter (ingebrekestelling). This is a formal letter that you can send to your landlord in which you point out the validity of his violations and urge him to rectify them.

5.2 Costs and payment

The fee for this service is €149, including 21% VAT. This is a fixed price. Regardless of the length or complexity of your contract, regardless of how many violations are found, regardless of how many hours Nexus spends on your contract, the amount is always €149.

You pay this amount before we commence our work. Without payment, no work is performed.

5.3 Time period

We guarantee you that you will receive the complete review within 48 working hours of payment, provided you have submitted complete and correct information. "Working hours" means working days from Monday through Friday, from 09:00 to 18:00 CET. Weekends and Dutch public holidays do not count.

Note that the timer only starts once you have provided complete information. If your contract copy is illegible, or if you have not submitted a contract copy but only asked questions, then the timer does not begin until we have complete information.

You are responsible for submitting complete information. Delays in this process do not extend the guarantee, but do extend the actual delivery time.

5.4 Refund for non-delivery due to force majeure

Should a force majeure situation occur (such as a server outage, a major disaster) that prevents us from delivering your report on time, you can request a refund of the full amount. You must demonstrate this within thirty days after the due date with proof of force majeure. All other reasons for non-delivery do not result in refunds.

Note: the fact that your contract is larger than expected, or more difficult than you thought, does not extend the 48-hour period and also does not result in refunds. You have ordered this service entirely at your own risk.

6. SERVICE: RENT INCREASE CHECK

6.1 What you receive

For €79, we assess whether the rent increase your landlord has proposed to you complies with Dutch law. The Rent Price Act (Huurprijzenwet) provides that the annual rent increase may not exceed a certain percentage, usually the increase in the consumer price index plus one percent.

We will calculate what the legally maximum increase is for your specific dwelling, compare this with the increase your landlord proposes, and give you a clear answer: is the increase legal or illegal?

If the increase is illegal, we will also provide you with a template objection letter in Dutch. This is a formal letter that you must submit to your landlord within six weeks to lodge an objection. We also provide you with an English translation so you fully understand what you are sending.

6.2 Urgency

Please note: you have only six weeks from receipt of the increase notice to formally lodge an objection. After six weeks, your rights expire and you are legally bound by the increase. It is therefore crucial that you request our service immediately after you receive the increase notice.

6.3 Costs and payment

The fee is €79, including 21% VAT. This is a fixed price. You pay this amount before we commence our work.

6.4 Time period

We guarantee you the assessment within 24 working hours of payment, under the same conditions as the contract review: provided complete information, working hours Monday-Friday 09:00-18:00 CET, excluding weekends and public holidays.

6.5 Refund for non-delivery due to force majeure

The same force majeure clause applies as for the contract review: refund only in case of proven force majeure.

7. GENERAL PROVISIONS

7.1 No guarantee of legal outcome

Regardless of which service you purchase from us, we can never guarantee legal outcomes. The Huurcommissie is independent, judges and process servers act at their own discretion, and external parties can always decide differently than we expect.

We will always work with full commitment and professional competence on your case. But we cannot promise that you will win, that you will receive a lot of money back, or that everything will progress quickly. You accept this risk by entering into our services.

7.2 Limitation of liability

Nexus Law Firm is not liable for: any damage resulting from an unfavorable Huurcommissie ruling; any damage resulting from refusal of the landlord to comply with agreements; any damage resulting from changes in legal provisions; any damage resulting from factual errors you yourself made in providing information.

Furthermore, Nexus is not liable for consequential damage, such as loss of income, emotional distress, health damage, or any other indirect damage. Our liability is limited to the amount of the paid fee.

7.3 Force majeure

Nexus is not liable for non-performance of obligations resulting from force majeure. Force majeure includes, among other things: cybersecurity attacks on our systems; natural disasters; serious health crises; government closures of courts or government bodies; internet outages; and other events completely beyond our control.

In the event of force majeure, we will notify you and will resume the case as soon as possible. We will not claim that you pay for services that could not be delivered as a result of force majeure.

7.4 Changes to these terms

Nexus may change these terms at any time. Continued use of our services or website means acceptance of amended terms. For ongoing cases, the terms apply as they were at the time the case was concluded.

7.5 Communication and response times

We aim to respond to your requests within 24 working hours (Monday-Friday). This is an aim, not a guarantee. In case of complex questions or heavy workload, this may take longer.

Email is our preferred communication channel. You can also contact us via WhatsApp. However, formal legal correspondence and agreements must always be conducted by email.

7.6 Confidentiality of communication

All communication with Nexus is confidential. You may not forward our emails or WhatsApp messages to third parties without permission. Breach of confidentiality may have legal consequences.

7.7 Applicable law and dispute resolution

These terms are governed by Dutch law. All disputes are decided by Dutch courts. If you have any complaints about our services, you can contact us at info@nexuslawfirm.nl. We will respond to your complaint within ten working days.