Terms & Conditions

These Terms and Conditions apply to all products and/or services provided by LendLeap B.V.

Article 1. Definitions

The terms written with a capital letter in these Terms and Conditions have the following meanings, unless a (different) meaning is assigned elsewhere in these Terms and Conditions.

  • 1.1. Terms and Conditions: the conditions set out in this document.
  • 1.2. Supplier: the company LendLeap B.V., located in Zwolle.
  • 1.3. Data: all (personal) data processed and/or stored by the End User via the Service. Data may originate from third parties.
  • 1.4. Data Processing Agreement: the data processing terms that form an integral part of these Terms and Conditions and the Agreement.
  • 1.5. Service: the LendLeap Platform software (software-as-a-service) developed by the Supplier, through which Clients can evaluate mortgage applications.
  • 1.6. End User: a natural person who uses the Service under the responsibility of the Client.
  • 1.7. Effective Date: the date on which delivery of the Service commences.
  • 1.8. Intellectual Property Rights: all intellectual property rights and related rights, including but not limited to copyright, database rights, domain names, trade name rights, trademark rights, design rights, neighbouring rights, patent rights, as well as rights to know-how.
  • 1.9. Environment: a digital environment within the Service to which End Users have access for the purpose of using the Service.
  • 1.10. Client: the legal entity that enters into an Agreement with the Supplier under which the Supplier will provide the Service.
  • 1.11. Agreement: any obligation between the Supplier and the Client whereby the Supplier provides the Service.
  • 1.12. SLA: the separate service level agreement concluded between the Supplier and the Client setting out the agreed level, quality, and manner of troubleshooting with regard to the Service.
  • 1.13. Superuser: a natural person who, as an End User, has the highest administrative rights within an Environment and who has been appointed by the Client as the administrator of the Client’s Environment.
  • 1.14. Website: https://www.LendLeap.nl, as well as subdomains, other extensions of said domain or subdomain of the Client on which the Environment is accessible to the Client.

Article 2. Quotations and Formation of the Agreement

  1. The Agreement between the Supplier and the Client is formed after the Client has signed the Agreement and the Supplier has confirmed receipt thereof in writing.
  2. If the Client does not explicitly indicate agreement with the quotation or offer but nevertheless consents to or gives the impression of consenting to the Supplier performing activities that fall within the scope of the services, the quotation or offer is deemed to have been accepted. The same applies if the Client requests the Supplier to carry out certain work without waiting for a formal quotation.
  3. Quotations from the Supplier are valid for the period stated in the quotation. If no period is stated, the quotation is valid for thirty (30) days from the date on which it was sent by the Supplier.
  4. If it transpires that the information provided by the Client at the time of requesting the Agreement was incorrect, the Supplier has the right to adjust its prices accordingly.
  5. The Agreement commences on the date the Service is technically delivered to the Client (“the Effective Date”), unless a different Effective Date has been agreed in writing.

Article 3. Performance of the Agreement

  1. After the Agreement has been formed, the Supplier shall provide the Service to the Client in accordance with the Agreement.
  2. If and insofar as proper performance of the Service so requires, the Supplier has the right to have certain activities carried out by third parties without informing the Client. The Supplier will not charge the Client for any expenses incurred by such third parties, unless otherwise agreed in writing.
  3. The Client shall provide the Supplier with up-to-date contact details for communication. If these details change, the Client shall promptly inform the Supplier via the Service and/or the Supplier’s support department.
  4. If the information referred to in the previous paragraph is not provided in a timely manner, or if the Client otherwise fails to meet its obligations, the Supplier has the right to suspend its obligations without being liable for any compensation.
  5. Any (delivery) periods mentioned are indicative only and are not fatal deadlines, unless otherwise agreed in writing.

Article 4. Provision of Software (as-a-service)

  1. For the term of the Agreement, the Supplier grants the Client a non-exclusive, non-transferable right to use the Service in accordance with these Terms and Conditions. For specific usage rights or restrictions relating to licensing models, see the separate Licence Agreement.
  2. This usage right also covers all future updates to the Service.
  3. The Client is responsible for configuring the platform, creating products, and setting up superusers and/or End Users within the Service Environment.
  4. Unless otherwise agreed in writing, the Client is not permitted to apply for the Service under a third party’s name, sublet it, or otherwise make it available to third parties. This does not include the Client’s employees or staff.
  5. The Client shall ensure strict compliance with all applicable legal requirements when using the Service.
  6. On the Effective Date, the Client receives login credentials for the platform. The Client acknowledges that losing these credentials may lead to unauthorized access. The Client shall keep these credentials secure and implement its own measures to prevent unauthorized access. The Client is responsible for all actions performed within its Environment via the Service.

Article 5. Supplier Support

  1. The Supplier offers support via email, online manuals, FAQs, and webinars. This support is freely available and can be found on the Website and via the Service.
  2. In addition to the support referred to in paragraph 1, additional support may be provided under a separate Agreement. Upon the Client’s request, the Supplier shall submit an offer for such an Agreement.
  3. The Client acknowledges that bespoke (custom) modifications to the Service are not possible.

Article 6. Availability and Maintenance

  1. Without prejudice to what is stated in the SLA, the following applies regarding the availability of the Service and any interruptions.
  2. The Supplier takes technical and organizational measures to ensure the Service remains available. However, the Supplier cannot guarantee effectiveness of these measures at all times.
  3. The Client acknowledges that the Service depends on a stable internet connection at the Client’s location. The Supplier has no influence over the internet connection, network, equipment, or any other services/devices not provided by the Supplier.
  4. The Supplier can provide support on the operation of the Service and related third-party services, but depends on the Client’s full and timely cooperation to meet the SLA guarantees.
  5. The Supplier may temporarily disable the Service or parts thereof for maintenance, modification, or improvement, or for maintenance or modification of related software or facilities. It endeavors to schedule such downtime outside office hours and to inform the Client in good time. If immediate downtime is necessary for proper functioning of the Service, the Supplier may do so at any time without notice. The Supplier is never obliged to compensate for any damage incurred due to downtime.

Article 7. Warranties and Changes

  1. The Client accepts that the Service is provided “as is,” with all visible and invisible faults and defects.
  2. The Supplier will resolve reported issues or defects in the next update. For urgent problems, the Supplier will make every effort to deploy the update within 1 working week.
  3. The Supplier cannot guarantee that integrations with third parties will always function or remain sufficiently secure. The Client acknowledges that in such cases the Supplier depends on those third parties.
  4. Data originating from third-party integrations is not checked by the Supplier for accuracy or completeness. The Client is responsible for verifying such Data. The Supplier is not liable for incorrect or incomplete Data provided by third parties.
  5. The Supplier may modify the functionality of the Service from time to time. Client feedback and suggestions are welcome, but the Supplier reserves the right not to implement them for valid reasons. The Supplier endeavors (though not obliged) to inform the Client at least two (2) working days in advance of any planned updates. The Client cannot continue using an old version of the Service nor claim an announced update that did not occur for any reason.

Article 8. Code of Conduct

  1. The Client is prohibited from using the Service in a manner that violates Dutch or other applicable laws/regulations or infringes the rights of others.
  2. The Client shall not, directly or through third parties:
    • Reverse-engineer, decompile, decode, decrypt, disassemble, or otherwise attempt to derive the source code of the Service, subject to relevant law.
    • Modify, adapt, or create derivative works of the Service.
    • Sell, sublicense, distribute, rent, lease, or transfer the Service to a third party.
    • Use the Service to develop competing software.
  3. Whether legal or not, it is prohibited by the Supplier to use the Service to offer, store, or distribute Data that:
    • Is clearly intended primarily to assist others in infringing the rights of third parties.
    • Is clearly defamatory, libellous, offensive, racist, discriminatory, or hateful.
    • Constitutes a breach of privacy of third parties (e.g., sharing personal data of third parties without consent).
    • Contains hyperlinks, torrents, or references to (locations of) material that clearly infringes on copyrights or related rights.
    • Contains unsolicited commercial, charitable, or ideological communication.
    • Contains malicious content like viruses or spyware.
  4. The Client shall not hinder other customers or internet users or cause damage to the systems or networks of the Supplier or others. The Client is prohibited from initiating processes or programs that the Client knows or can reasonably suspect will hinder or damage the Supplier or its customers.
  5. If the Supplier believes there is a risk of harm or damage to its systems or network or that of third parties, it may take any necessary measures to avert or prevent this danger. The Supplier may recover from the Client any reasonable costs for such measures.
  6. The Client is liable for, and indemnifies the Supplier in full against, all damages and costs arising from the Client’s failure to comply with paragraphs 1–4 of this article, unauthorized use of the Service, modifications to the Service, and/or unlawful storage of Data. This remains in effect after termination of the Agreement.
  7. No maximum is set for Data, requests, or actions via the Service. However, a “fair use policy” applies based on the size of the Client’s organization.
  8. A “fair use policy” means a maximum on the use of the Service or storage by the Client, based on average usage in the same price range for organizations of similar size. If the Client exceeds twice this amount, the Supplier will contact the Client for a fair solution (e.g., a higher rate).

Article 9. Intellectual Property Rights

  1. All Intellectual Property Rights to the Service, the associated software, and all information and images on the Website belong to the Supplier and/or its licensors. The Service may not be copied or used without written permission, except as permitted by law.
  2. Any Data that the Client stores or processes via the Service remains the property of the Client (or its licensors). The Supplier obtains a limited right to use this Data for delivering or further developing the Service. The Client may revoke this right by removing the relevant information or notifying the Supplier in writing.
  3. The Supplier will not access the Data stored or disseminated by the Client via the Service unless explicitly agreed or required by law or court order. In that case, the Supplier will make every effort to limit access where possible.
  4. If the Client provides feedback or suggestions to the Supplier (whether intentionally or unintentionally), the Client grants the Supplier an unlimited, perpetual right to use this information to improve the Service. This includes all Data used, processed, or generated in the Service. This does not apply to information the Client explicitly marks as confidential.

Article 10. Personal Data

  1. In the context of the Service, the Supplier is considered the processor and the Client the controller under the General Data Protection Regulation (GDPR).
  2. The parties undertake to act in accordance with the GDPR and other privacy-related laws and regulations.
  3. The personal data obtained from the Client is used solely for the performance of the Service.
  4. The Supplier shall take sufficient technical and organizational measures to protect personal data against loss or any form of unlawful processing (including unauthorized disclosure or alteration).
  5. While the Supplier must implement adequate security measures, it cannot guarantee full effectiveness under all circumstances. If a threat or breach occurs, the Supplier will do everything reasonably possible to minimize data loss.
  6. The Supplier may engage third parties for data processing. Such third parties must adhere to the same requirements regarding the purpose of processing and security measures.

Article 11. Confidentiality

  1. Both parties undertake to maintain the confidentiality of all information they receive about each other’s business, including the contents of the Agreement. They shall impose this obligation on their employees and any third parties involved in performing the Agreement.
  2. In any event, information is considered confidential if it is confidential by nature (e.g., personal data provided by the Client) or is designated as such by one of the parties.

Article 12. Prices

  1. Fees for the Service are stated in the Supplier’s offer. All mentioned prices are in euros and exclusive of VAT.
  2. Amounts due will be invoiced after each period and calculated based on actual usage.
  3. The Supplier reserves the right to adjust its rates annually on January 1 in accordance with the Dutch Central Bureau of Statistics (CBS) consumer price index, and to pass on any demonstrable price increases from its suppliers to the Client.
  4. All cost estimates provided by the Supplier are indicative only. The Client cannot derive any rights or expectations from them unless agreed in writing.

Article 13. Payment Terms

  1. The Supplier will invoice the Client for (periodic) amounts due. The Client must pay within fourteen (14) days of the invoice date. If the Client disputes the invoice, it must notify the Supplier in writing within fourteen (14) days of the invoice date. After that, the invoice is deemed accepted. The Client is not entitled to suspend or offset any payment.
  2. The Client agrees to electronic invoicing by the Supplier. Invoices will be sent in PDF, XML, or another common format to the Client’s known email address.
  3. If the invoice remains unpaid after the payment deadline, the Supplier will give the Client a further reasonable period to pay. Fourteen (14) days after the invoice due date, if the invoice is still unpaid, the Client is in default following written notice, and all the Supplier’s claims against the Client become immediately due and payable. Statutory commercial interest (Article 6:119a of the Dutch Civil Code) applies from the day after the invoice due date. The Supplier may also charge judicial and extrajudicial collection costs, set at 15% of the principal sum with a minimum of EUR 250.
  4. If the Client fails to meet its payment obligations, the Supplier may limit or suspend its services (e.g., restrict access to the Service). The Client is not entitled to any compensation for resulting damages. The Client’s obligations, including payment, remain in effect. This right of suspension also applies to services where the Client has otherwise met its obligations.
  5. If payment is overdue, the Client is also liable for any legal fees and all extrajudicial collection costs in full.
  6. The payment claim becomes immediately due if the Client or a third party files for bankruptcy, applies for a moratorium, or if a general attachment is placed on the Client’s assets, or if the Client is liquidated or dissolved.
  7. The Client may not suspend or offset any amounts due.

Article 14. Force Majeure

  1. Alongside what is defined by law, force majeure includes failures in internet/telecom infrastructure, (D)DOS attacks, business interruptions, supply chain delays, fire, flooding, and the inability of the Supplier to provide services due to its own suppliers for any reason. Performance of this Agreement is suspended without liability for damages during such circumstances.
  2. If a force majeure situation lasts longer than ninety (90) days, either party may terminate the Agreement in writing, settling any performance delivered on a pro rata basis. No additional obligations arise for either party insofar as the force majeure caused the non-performance.

Article 15. Liability

  1. The Supplier is liable to the Client only for direct damages caused by an attributable breach of the Agreement. Direct damage exclusively includes:
    • Damage caused directly to tangible items (“property damage”).
    • Reasonable and demonstrable costs incurred by the Client to prompt the Supplier to properly fulfill the Agreement.
    • Reasonable costs to determine the cause and extent of the damage, insofar as such costs relate to direct damage as defined here.
    • Reasonable and demonstrable costs incurred by the Client to prevent or limit the direct damage referred to in this article.
  2. The Supplier is not liable for indirect or consequential damage, lost turnover or profit, delays, data loss, missed deadlines due to changed circumstances, damage due to incomplete or late cooperation or information provision by the Client, or damage arising from advice not explicitly part of the Agreement.
  3. The maximum amount payable in case of liability under the first paragraph is limited to direct damages up to what the Client paid the Supplier in the six (6) months prior to the event, subject to a maximum of EUR 50,000 including VAT per event. A series of related events is considered one event. The total maximum per year is EUR 100,000 including VAT.
  4. The limitations of liability do not apply if the damage results from intentional misconduct or gross negligence by the Supplier.
  5. Liability for an attributable breach arises only if the Client promptly notifies the Supplier in writing, allowing a reasonable cure period, and the Supplier still fails to meet its obligations. The notice of default must detail the breach sufficiently to allow the Supplier to respond.

Article 16. Term and Termination

  1. The Agreement is concluded for the term stated in the offer. If no term is specified, it is concluded for three (3) years.
  2. If neither party issues a written notice of termination (respecting the notice period), the Agreement is tacitly renewed for one (1) year unless agreed otherwise in writing.
  3. The parties shall inform each other at least six (6) months before the desired termination date if they intend to terminate or not renew.
  4. In the event of early termination, the Client must pay all amounts for the remaining initial contract term.
  5. The Supplier may terminate the Agreement immediately and without liability if the Client fails to meet its obligations and does not remedy such failure within five (5) days of written notice (if reasonably applicable).
  6. Termination is also possible if the Client is declared bankrupt, applies for a moratorium, if a general attachment is placed on its assets, or if the Client is liquidated or dissolved.

Article 17. Exit

  1. During the Agreement’s term, the Supplier will store the Data for at least seven (7) years. After these seven years, the Supplier may delete the Data unless agreed otherwise. Upon termination, the Supplier will keep the Data available for six (6) months for a “dump.” After these six months, the Supplier may delete the Data unless agreed otherwise.
  2. At the Client’s request, the Supplier will provide the Data (up to termination) as a PDF, ZIP, or CSV “dump” on a common data carrier or cloud location, if the Client requests it in writing within two (2) weeks of termination and pays a fee of up to three (3) months’ license costs (excl. VAT). The Client acknowledges that this “dump” is provided “as is,” and the Supplier is not liable to convert or otherwise make it suitable for the Client’s use.

Article 18. Amendment of the Agreement

  1. The Supplier is entitled to amend these Terms and Conditions by notifying the Client of the intended changes at least thirty (30) days in advance. The changes apply to existing Agreements as well.
  2. Minor amendments may be made at any time without giving the Client the right to terminate the Agreement.
  3. If the Client does not wish to accept a change, they may terminate the Agreement before the new conditions come into effect.

Article 19. Final Provisions

  1. This Agreement is governed by Dutch law.
  2. Unless otherwise required by mandatory law, disputes shall be submitted to the competent Dutch court in the district where the Supplier has its registered office.
  3. “In writing” includes communication by email or via the Service, provided the sender’s identity and message integrity can be reasonably established.
  4. The Client may not transfer this Agreement or its rights and obligations to a third party without the Supplier’s separate consent.
  5. The Supplier may transfer its rights and obligations under the Agreement to a third party that acquires the Service or related business activity.
  6. If there is a conflict between provisions in the Agreement, its annexes, or any additional conditions, the following order of precedence applies:
    • The Agreement itself
    • Any annexes to the Agreement
    • Any additional conditions
  7. If any provision of the Agreement is found to be invalid, this does not affect the validity of the rest of the Agreement. The parties shall replace the invalid provision with one that, as far as legally possible, reflects the original intention.

LendLeap B.V.
Hunzelaan 39
8032XG Zwolle

Chamber of Commerce (KvK) number:
VAT number: