1.
Dutch Group Captive B.V. (DGC) is a private company incorporated under Dutch law, with its registered office in Nieuwegein, registered with the Utrecht Chamber of Commerce under number 24357387. DGC Risk Solutions is a trade name of DGC.
2.
These General Terms & Conditions apply to all instructions given to DGC by a client (the “Client”). Only DGC acts as contractor towards the Client.
3.
The natural persons and legal entities directly or indirectly affiliated with DGC and involved in the services provided by or on behalf of DGC in any way may also invoke these General Terms & Conditions.
4.
DGC undertakes towards the Client to keep confidential information relating to the Client and the assignment confidential. The confidentiality obligation continues until one year after the assignment ends. This provision does not apply to data already known to DGC before the assignment was given, legally obtained from a third party or parties, independently collected by DGC, or that is or becomes publicly known where such knowledge is not the result of an act or omission by DGC. This confidentiality obligation also does not apply insofar as DGC is required to disclose information by law, the rules of any stock exchange, or a decision of a court or another competent government body.
5.
When processing personal data, DGC observes at least the applicable statutory provisions.
6.
DGC processes data from the Client and the Client’s insurance programmes, including name and address details, policy data and personal data required to arrange insurance and provide all other DGC services. This information is stored in one or more databases.
7.
DGC’s remuneration consists of a fee, or a commission or brokerage calculated on the premium. Other forms of remuneration may include claims settlement brokerage, recourse compensation, interest income on balances and additional compensation from insurers for services provided to insurers. DGC also charges Clients policy and administration costs that depend on the amount of the premium and/or commission.
8.
The following applies to DGC’s liability:
8.1
The liability provision in this article 8 applies to DGC, including companies affiliated with DGC and employees of DGC and of companies affiliated with DGC. The liability provisions in this article 8 also apply to claims and demands brought against DGC by companies and employees affiliated with the Client.
8.2
To the extent permitted by law, and except for damage that is exclusively and directly caused by wilful intent or gross negligence by DGC or its managers, DGC’s liability towards the Client for all damage, costs and expenses (including, but not limited to, legal costs) relating to or connected with DGC’s services is limited to EUR 1,000,000. DGC is in no event liable for business, consequential or indirect damage, including lost turnover and/or lost profit.
8.3
All claims (by the Client or companies or employees affiliated with the Client) against DGC (or companies or employees affiliated with DGC) relating to or connected with DGC’s services must, without prejudice to Article 6:89 of the Dutch Civil Code and notwithstanding any longer statutory expiry or limitation periods, be brought no later than one year after the date on which the Client became aware, or should reasonably have become aware, of the grounds for the claims.
8.4
DGC is not responsible for errors or omissions by third parties, such as unaffiliated co-brokers and sub-agents, and liability for third parties is therefore fully excluded.
8.5
In carrying out the assignment, DGC depends on information provided by the Client, including information about changes in business operations, business activities or legal form, acquisitions, purchases and sales, insurance held elsewhere and similar matters. DGC is not liable for the consequences of the Client providing incomplete or incorrect information.
8.6
If DGC takes over insurance policies from another intermediary, DGC is not liable for those policies (subject to this article 8) until DGC has had a reasonable period to review their status and issue advice.
8.7
DGC checks the solvency of insurers when insurance is placed and renewed, but is not liable if an insurer subsequently proves or becomes insolvent.
8.8
DGC is not liable for damage suffered by the Client as a result of an incorrect calculation or estimate of the premium and statutory levies applicable to the insurance.
9.
The relationship between the Client and DGC is governed by Dutch law.
10.
Only the court in Utrecht has jurisdiction to hear any dispute between the Client and DGC.

