This Mortgage Broker Contract is essential for establishing a clear and compliant professional relationship in the Dutch mortgage broking industry. It is designed to meet the requirements of the Dutch Financial Supervision Act (Wft) and related regulations, while providing a comprehensive framework for the provision of mortgage broking services. The document is typically used when a licensed mortgage broker begins an engagement with a new client, whether individual or corporate, and covers crucial aspects such as service scope, fees, regulatory compliance, data protection, and professional obligations. The contract ensures transparency and protection for both parties while maintaining compliance with Dutch financial services regulations, including AFM requirements and consumer protection laws.
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1. Parties: Identification of the mortgage broker and the client, including registration details of the broker with the AFM
2. Background: Context of the agreement and brief description of the broker's services
3. Definitions: Key terms used throughout the agreement, including technical and regulatory terminology
4. Scope of Services: Detailed description of mortgage broking services to be provided, including advice, market research, and application support
5. Broker's Obligations: Key responsibilities and duties of the broker, including compliance with Wft requirements and duty of care
6. Client's Obligations: Client's responsibilities, including providing accurate information and necessary documentation
7. Fees and Payment Terms: Clear structure of broker's fees, payment schedule, and terms
8. Data Protection and Privacy: Compliance with GDPR/AVG requirements and handling of personal data
9. Confidentiality: Provisions regarding confidential information handling and professional secrecy
10. Duration and Termination: Term of the agreement and conditions for termination
11. Liability and Indemnification: Extent and limitations of broker's liability and professional indemnity
12. Complaints Procedure: Process for handling client complaints as required by Dutch financial regulations
13. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction for disputes
1. Sub-contractors: Terms regarding the use of third-party service providers, to be included if the broker works with external parties
2. Intellectual Property: Protection of IP rights, needed if proprietary tools or materials are provided to clients
3. Force Majeure: Provisions for unforeseen circumstances, optional but recommended for longer-term arrangements
4. Non-Solicitation: Restrictions on hiring broker's employees, relevant for corporate clients
5. Insurance: Detailed professional insurance provisions, may be separate from liability clause for complex arrangements
6. Marketing and Referrals: Terms regarding use of client references and referral arrangements, if applicable
1. Schedule 1 - Service Description: Detailed breakdown of specific services offered and service levels
2. Schedule 2 - Fee Schedule: Detailed fee structure, including any variable components or special arrangements
3. Schedule 3 - Required Documentation: List of documents and information required from the client
4. Schedule 4 - Privacy Policy: Detailed privacy policy and data processing procedures
5. Appendix A - Broker Licenses: Copies of relevant broker licenses and registrations
6. Appendix B - Terms and Conditions: General terms and conditions as required by Dutch law
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