General Terms and Conditions

Definitions
Seller: Businessleaks B.V., located at World Trade Center Schiphol Airport, Schiphol Boulevard 127, 1118 BG Schiphol, registered with the Chamber of Commerce Alkmaar under number 56991703.
Buyer: The party entering into an agreement with Businessleaks to which these terms and conditions apply. These terms are also referred to as: “Terms and Conditions Businessleaks Preferred Claims March 12, 2025.”
Investment: The investment as indicated, related to the main agreement of which this set of terms is part, in which the buyer invests.
Terms: Terms and Conditions Businessleaks Preferred Claims March 12, 2025.
Claim Amount: The amount of the claim on the (allegedly) liable party on which a claim is made.

Article I Preferred Claim
If a claim is designated as preferred in the agreement, this means that, with priority over other creditors except those also preferred, a distribution will be made. To avoid misunderstandings, some examples:

If an investment of €5,000 is made and the total preferred claim amounts to €50,000 from a claim of €500,000 with a projected return of up to 100%, then upon a payout of €50,000, €50,000 is paid out to the preferred claims. With an investment of €5,000 and a projected return of €5,000, a total of €10,000 is paid out.
If a payout of €100,000 is made, €100,000 is paid out to the preferred claims. With an investment of €5,000 and a projected return of €5,000, a total of €10,000 is paid out.
If a payout of €10,000 is made, €10,000 is paid out to the preferred claims. With an investment of €5,000 and a projected return of up to €5,000, a total of €1,000 is paid out.
If a payout of €0 is made, €0 is paid out to the preferred claims. Total with an investment of €5,000 and a projected return of €5,000 is €0.
The total preferred claims amount is in principle a maximum of 20% of the claim excluding communicated returns at payout.
If part of the total designated preferred claims is not sold, the percentage does not increase or decrease. For example, if €1,500,000 is paid out and the total amount of preferred claims is €1,000,000 of which only 10% is sold (i.e., €100,000), then the amount to be paid on that €100,000 is a total of €150,000. Or with a payout of €500,000 on an investment of €100,000, €50,000 is paid out.

Article II Distribution of the Investment

The buyer’s investment is distributed as agreed. Unless otherwise agreed, the distribution is 50% to the seller of the claim, 34% reserved for legal costs, administration of the claim, and specific correspondence with investors, 6% is a risk fee, and 10% for marketing/affiliation. The ratio of these costs (34% + 6% + 10%) may vary; this is purely indicative. The 50% for the seller remains fixed at all times.
If budgets are not fully used, the seller exclusively retains rights to unused amounts, excluding the buyer.
Costs are first paid from proceeds of the sale of preferred claims; if preferred claims are not fully sold, costs are paid from the sold portion. The distribution remains 50% for the seller and 50% for costs.
The distribution mentioned is not mixed with non-preferred claims. Budgets cannot be further individualized.

Article III Engagement of Lawyers/Legal Experts and Other Specialists

By entering into an investment agreement with the seller to which these terms apply, the buyer authorizes the seller to perform or have performed services related to the claims, in accordance with the terms and agreement. The seller may delegate tasks to persons working at the office under their responsibility or, in some cases, to third parties not belonging to the office. Tasks requiring external assistance are considered included in the seller’s assignment, requiring no additional authorization or consultation.
The seller is authorized by the client to engage these third parties. For other cases requiring assistance (e.g., notary or accountant), prior consultation with the client is required. The seller explicitly excludes liability for shortcomings of third parties not belonging to the seller’s office. The seller is authorized to accept third-party terms and liability limitations on behalf of the buyer, which then bind the buyer.

Article IV Escrow Agent

An escrow agent appointed by the seller manages the investment and distributes it according to the agreed terms. The buyer agrees and acknowledges that payment of the investment must be made to the escrow agent appointed by the seller. The escrow agent acts as a trusted third party and executes financial transactions as agreed. If payment comes from a party being claimed, the escrow agent also distributes the amount according to the agreements. Escrow agent costs are paid from legal fees and oversee claim administration.
The buyer expressly agrees that payouts are made via the escrow agent’s (IBAN) account or via the seller.

Article V The Buyer

The seller is not allowed to sell, pledge, assign, or encumber their investment to a third party without prior written consent from the seller.
Any information provided by the seller or engaged parties (lawyers, escrow agent, others) by phone, in writing, or otherwise, may never be resold or otherwise made available except for the intended purpose. Violation results in a non-negotiable penalty of €17,500 per violation, without prejudice to the seller’s right to full compensation and legal costs.
The buyer is not allowed to be directly or indirectly affiliated with the party being (directly or indirectly) claimed. If so, the seller has the right to dissolve the agreement and claim full damages.
If the buyer is affiliated with the seller or has received instructions from the party being claimed, the seller has the right to dissolve the agreement.

Article VI Claim Management

The seller exclusively selects the team of lawyers/legal experts, which may be a single lawyer or jurist with at least a university background.
The seller exclusively decides on the legal team.
The seller always has a financial interest in a positive claim outcome.
A procedure is always pursued to the highest court unless (i) circumstances arise showing the case is hopeless (a losing judgment does not necessarily require such reason if arguments exist), or (ii) if money remains after early termination without compensation, the seller returns what was received minus costs as per Article II.
The seller manages the claim and exclusively decides on steps to take, striving for the best compensation.
Only with buyer’s agreement can payment in kind occur; otherwise, payment is always in cash.
No interest is paid on amounts received from the buyer or liable party unless paid by the liable party.
The seller is not required to research which jurisdictions may be competent or most favorable for the claim.
The buyer may not contact the liable party or disclose their status as buyer in the claim unless the legal director of Businessleaks has given written approval with a handwritten signature.
The seller always retains a non-preferred interest in the claim.
The seller may take measures to ensure continuity of the claim, including granting rights to third parties as deemed necessary.
In any settlement, the total claim is the starting point, not a specified part or investors’ rights. Preferred parts are always respected in payment. A buyer’s rights may affect the whole claim or all entitled parties, but the total claim remains the basis.

Article VII Liability and Risk

The seller accepts liability only to the extent covered by the liability insurance of the engaged lawyers handling the specific case.
Investments are not suitable for buyers who cannot afford to lose their funds partially or entirely.
The buyer acknowledges the investment is long-term without guaranteed returns.
Liability is always limited to the amount paid by the seller.
The buyer must notify the seller of possible liability facts within 30 days of discovery; otherwise, liability lapses.
Claims against the seller or engaged parties expire if not filed within twelve months after discovery of the damage-causing event, unless explicitly agreed otherwise in writing.
The buyer must assess the investment risk independently, understanding claims/legal cases have uncertain outcomes. Communicated claim amounts are indicative.
The seller does not advise on tax consequences and is not liable for such advice.
The seller may retain digital copies of files and destroy scanned documents after five years unless longer retention is needed. Originals must be requested within three months after case closure.
The buyer indemnifies the seller against third-party claims related to the work unless caused by intent or gross negligence of the seller.
Confidential information received from the buyer is treated confidentially according to applicable laws.
Communication via electronic means is authorized unless otherwise agreed.
The buyer must cooperate reasonably, e.g., providing information as required by law or the seller.
The buyer is aware of all website content of the seller.
If the seller intentionally provides false information for unlawful gain, agreed percentages, costs, and expected proceeds will be charged.
Clicking “accept” on the online form constitutes agreement to the underlying contract.
All provisions benefit the seller and their successors irrevocably.
Neither the seller nor related or engaged parties can guarantee legal case outcomes.
Litigation does not necessarily guarantee a certain outcome and is subject to risks. For example, the seller can never provide assurance that a (allegedly) liable party will actually offer sufficient recourse, nor can the seller guarantee that there is no corruption on the part of the judiciary or the Dutch State and all entities affiliated therewith.

Article VIII Payment

After the seller’s first payment request, the buyer is obliged to pay the investment amount to the appointed escrow agent within 30 days.
The buyer automatically defaults if payment is not made within the stated term. A compound interest of 2% per month applies in case of late payment. If no payment term is stated, the buyer defaults 30 days after the invoice date.
If the seller or escrow agent holds funds on behalf of the buyer or any other party, no interest or other costs are ever owed on these funds. The seller and escrow agent or other parties may agree otherwise. If interest is charged on a claim against an (allegedly) liable party, this interest must be passed on to the buyer.
The buyer must raise any objection to an invoice sent by the buyer or escrow agent within 14 days by registered letter to the seller or escrow agent, under penalty of forfeiture of rights.
The buyer automatically defaults if payment is not made within the stated term; statutory interest under Book 6, Section 11 of the Dutch Civil Code applies fully and is owed to the seller.
If the seller or escrow agent holds funds and it is unclear who is entitled to them, the seller has the right to suspend payment through the escrow agent. Costs incurred in determining the rightful owner may be fully recovered and settled.
Set-off is reserved exclusively for the seller.
In the event of unilateral termination of an assignment by the buyer, the agreed rates/investment remain fully applicable. Both the investment and any other agreed amounts remain fully payable.

Article IX Other

The assignment is personal, meaning no one other than the buyer or their company/legal entity has rights to the agreed services. Telephone advice is only provided to the person who validly signed the assignment or who the seller has accepted as the client’s representative. Due to the fleeting nature of telephone advice, no claims can be based on such statements.
Changes in data such as name, address, residence, phone number, IBAN, and email must be communicated in writing to the seller within the same period as required for trade register registration. Negligence in this regard is entirely at the buyer’s risk.
The investment is used for one of the categories and options listed on the website that have been agreed between seller and buyer and form part of the agreement.
The seller explicitly reserves the right not to sell part of the designated preferred portion to others or to the buyer. This right is reserved exclusively for the seller.
The seller is under no obligation to invest in a claim if part is not sold for any reason.
The buyer guarantees the accuracy and completeness of data and/or documents provided by or on behalf of the buyer necessary for the assignment and indemnifies the seller and other engaged parties against any deficiencies. Illegible documents will be returned.

Article X Termination

The seller may terminate the agreement if payment is not made within the stated term. The seller will first notify the buyer that this right will be exercised if payment is not made within 14 days. Partial payment of the total agreed investment amount does not suffice for full termination by the seller.

The seller may charge 15% of the total agreed sum as costs regardless of whether these costs were demonstrably incurred.

From the date the seller is in default due to late payment, interest of 1.5% per month or part of a month may be charged on the outstanding principal. The seller may also charge 15% of the principal for extrajudicial costs, with a minimum of €44.77, plus time costs related to non- or late payment.

If the buyer applies for suspension of payments, is declared bankrupt, ceases or liquidates their business wholly or partially, or is otherwise prevented from operating (including by government measures), the seller may terminate the agreement immediately for compelling reasons.

Compelling reasons also include reasonable grounds to refuse execution based on statements by the buyer.

The seller may refuse an investment or terminate an accepted assignment if conflicts of interest arise between multiple clients or related parties.

Except for cases justifying immediate termination, the seller must give two weeks’ notice.

The seller is never liable for damages due to breach or tort related to termination:

The seller may also immediately terminate if the buyer is affiliated with the liable party, returning up to 20% of the investment without entitlement to returns and without prejudice to full damages.
Termination may also occur if the buyer’s activities damage the seller’s reputation; this judgment is exclusively reserved for the seller.
The seller may refuse a client within 30 days of agreement without explanation.

Article XI Right of Withdrawal

Consumers have the right to withdraw from this agreement within 14 days without reason, starting from the day the agreement is concluded.
To exercise this right, the investor must inform the entrepreneur (name, address, email) clearly of their decision to withdraw. A model withdrawal form may be used but is not mandatory.
If withdrawn, all payments made must be refunded promptly and no later than 14 days after notification. Refunds use the original payment method unless otherwise agreed.
If services were provided during withdrawal (e.g., information, platform access), the seller may charge a proportional fee if the investor agreed to start before withdrawal period ended.
Withdrawal rights do not apply if the investment concerns financial products whose value depends on market fluctuations beyond the entrepreneur’s control occurring during the withdrawal period.

Article XII Intellectual Property Rights

All intellectual property rights to substantive procedural documents, domain names, trade names, etc., remain with the seller and are never transferred.

Article XIII Confidentiality

Neither buyer nor seller may publicly or privately make negative statements about the other under penalty of a €20,000 fine per case, without prejudice to full damages, for up to five years after the agreement ends.
The buyer may not offer competing services at any time under penalty of an immediately payable €20,000 fine per case, unless the seller has given written permission.
All (legal) costs are fully payable in such cases.

Article XIV Competent Court and Applicable Law

Dutch law exclusively governs the relationship between buyer and seller.
The Amsterdam court is exclusively competent for disputes arising from this relationship.
In case of disputes over the content or meaning of these terms in any translation, the Dutch text prevails.
Disputes are first attempted to be resolved amicably.
The seller may also bring disputes as first instance to the Amsterdam Court of Appeal under Article 329 of the Dutch Code of Civil Procedure; the buyer does not have this right.
These terms take effect on March 12, 2025.

General Terms and Conditions

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