Terms of Service

1. Acceptance of Terms

By accessing and using the services provided by PrimeNest Management B.V. ("Company," "we," "us," or "our"), you ("Client," "you," or "your") accept and agree to be bound by these Terms of Service ("Terms").

These Terms constitute a legally binding agreement between you and PrimeNest Management B.V. If you do not agree to these Terms, you must not use our services.

These Terms apply to all users of our services, including property owners, tenants, and website visitors.

2. Services Description

PrimeNest Management provides professional property management services, including but not limited to:

• Rental property management and administration
• Tenant screening, selection, and lease management
• Rent collection and financial reporting
• Property maintenance coordination
• Property inspections and condition assessments
• Legal compliance and documentation
• Investment consulting and advisory services

Specific services and terms are detailed in individual service agreements signed between the Company and the Client.

3. Client Obligations

3.1 Property Owners

As a property owner using our services, you agree to:

• Provide accurate and complete property information
• Maintain valid property ownership documentation
• Ensure properties meet all legal safety and habitability standards
• Provide necessary access for inspections and maintenance
• Pay management fees and expenses as agreed
• Maintain appropriate property insurance coverage
• Comply with all applicable laws and regulations

3.2 General User Obligations

All users must:

• Provide accurate and truthful information
• Use our services only for lawful purposes
• Respect intellectual property rights
• Not interfere with the operation of our services
• Maintain the confidentiality of account credentials

4. Fees and Payment Terms

4.1 Management Fees

Management fees are calculated as a percentage of monthly rental income as specified in your service agreement:

• Basic Management: 8% of monthly rent
• Full Service: 12% of monthly rent
• Premium Plus: 15% of monthly rent

4.2 Additional Fees

Additional fees may apply for:

• Tenant placement and screening services
• Property setup and initial inspection
• Emergency maintenance coordination outside business hours
• Legal proceedings and eviction processes
• Specialised consulting services

4.3 Payment Terms

• Management fees are deducted from rental income before disbursement
• Additional fees are invoiced monthly and due within 30 days
• Late payment charges may apply to overdue invoices
• All fees are exclusive of VAT where applicable

5. Intellectual Property

All content, trademarks, logos, and intellectual property on our website and in our materials remain the exclusive property of PrimeNest Management B.V.

You may not:

• Copy, reproduce, or distribute our content without permission
• Use our trademarks or logos without written consent
• Reverse engineer or attempt to extract source code
• Create derivative works based on our materials

6. Privacy and Data Protection

We are committed to protecting your privacy and personal data in accordance with GDPR and Dutch privacy laws. Our data practices are detailed in our Privacy Policy.

By using our services, you consent to the collection and processing of your personal data as described in our Privacy Policy.

7. Limitation of Liability

7.1 Service Limitations

While we strive to provide excellent service, we cannot guarantee:

• Continuous occupancy of rental properties
• Specific rental income levels
• Prevention of all property damage or tenant issues
• Immediate resolution of all maintenance issues

7.2 Liability Cap

To the maximum extent permitted by Dutch law, our total liability for any claims arising from our services shall not exceed the total management fees paid by the client in the 12 months preceding the claim.

7.3 Excluded Damages

We shall not be liable for:

• Indirect, consequential, or punitive damages
• Loss of profits or rental income
• Property damage caused by tenants or third parties
• Acts of God, natural disasters, or force majeure events

8. Indemnification

You agree to indemnify and hold harmless PrimeNest Management B.V., its employees, and agents from any claims, damages, or expenses arising from:

• Your breach of these Terms
• Your violation of applicable laws or regulations
• Property defects or safety issues not disclosed to us
• Your failure to maintain adequate insurance coverage
• Third-party claims related to your property

9. Termination

9.1 Termination by Client

You may terminate our services by providing 30 days' written notice. Termination fees may apply as specified in your service agreement.

9.2 Termination by Company

We may terminate services immediately if:

• You breach these Terms or your service agreement
• You fail to pay fees when due
• You provide false or misleading information
• Your property fails to meet legal requirements
• Continuation of service becomes impractical or unlawful

9.3 Effect of Termination

Upon termination:

• All outstanding fees become immediately due
• We will transfer property records and tenant information
• Ongoing leases may be transferred to you or your new agent
• Confidentiality obligations continue indefinitely

10. Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including:

• Natural disasters, floods, earthquakes, or severe weather
• Government actions, laws, or regulations
• War, terrorism, or civil unrest
• Pandemic or public health emergencies
• Labour strikes or industrial disputes
• Internet or telecommunications failures

11. Dispute Resolution

11.1 Negotiation

Any disputes shall first be addressed through good faith negotiation between the parties.

11.2 Mediation

If negotiation fails, disputes may be submitted to mediation through a recognised mediation service in the Netherlands.

11.3 Litigation

Any legal proceedings shall be conducted in the competent courts of Breda, Netherlands, under Dutch law.

12. Governing Law

These Terms are governed by and construed in accordance with Dutch law. The Dutch courts have exclusive jurisdiction over any disputes arising from these Terms.

Where applicable, European Union regulations and directives shall also apply.

13. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely achieves the intended effect.

14. Entire Agreement

These Terms, together with your service agreement and our Privacy Policy, constitute the entire agreement between you and PrimeNest Management B.V.

No modifications to these Terms are valid unless made in writing and signed by both parties.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting on our website. We will notify clients of material changes by:

• Email notification to registered users
• Prominent notice on our website
• Written notice for significant changes

Continued use of our services after changes constitutes acceptance of the modified Terms.

16. Contact Information

For questions about these Terms or our services, please contact us: