Terms & Conditions

A.1 Definitions

1. A.1.1Custodi: Custodi Life B.V., trading as Custodi Life, Chamber of Commerce (KvK) number 99763699.
2. A.1.2Partner: a notary practice or funeral organisation that has taken out a licence with Custodi.
3. A.1.3Executor: the executor of the estate, or the heirs acting jointly, who give an instruction after death or on whose behalf a partner gives that instruction.
4. A.1.4Client: the partner or executor who enters into an agreement with Custodi.
5. A.1.5Dossier: the record in Custodi’s software of one estate, with authority, scan, report and log.
6. A.1.6Report: the overview the software produces after the scan, with accounts found, activity after death, first steps and, for each service, the route to settle it.
7. A.1.7Registration: the record made with the will of the testator’s consent, the digital executor and their wishes (Custodi Vooraf).
8. A.1.8Licence: a partner’s right to use Custodi’s software for the agreed period.

A.2 Applicability

1. A.2.1These terms apply to all offers and agreements of Custodi. Part A always applies; Part B, C or D also applies to the relevant service.
2. A.2.2Deviations apply only if agreed in writing. The client’s terms do not apply.
3. A.2.3If a provision is void or annulled, the other provisions remain in force and the parties replace the provision with a valid one that comes as close as possible to its intent.

A.3 The service

1. A.3.1Custodi provides software, the report and the steps per service.
2. A.3.2Custodi does not provide legal advice and does not act as executor, heir or representative of the estate or of the client.
3. A.3.3The executor, or a service provider of their choice, carries out the steps. Custodi does not cancel subscriptions itself and does not bring legal proceedings against platforms.

A.4 Best-efforts obligation

1. A.4.1Custodi makes every effort to deliver the most complete possible inventory. The report is not a guarantee of completeness: it only sees services that sent messages to the scanned mailbox, and messages from individuals and healthcare senders are deliberately not processed.
2. A.4.2Custodi is not responsible for decisions, terms or deadlines of external platforms.
3. A.4.3Custodi makes every effort to keep the software available but does not guarantee uninterrupted availability.

A.5 Privacy

Custodi processes personal data as described in the privacy policy. For dossiers and registrations through a partner, the data processing agreement applies.

A.6 Intellectual property

1. A.6.1All rights to the software, the rule base, the texts and the documentation remain with Custodi. The client receives a non-exclusive, non-transferable right of use for the duration of the agreement.
2. A.6.2Dossiers and reports belong to the client.

A.7 Continuity

The client can always export reports and registrations, as PDF and in a machine-readable format (JSON), including at the end of the service.

A.8 Liability

1. A.8.1Custodi’s liability is limited to the amount the client paid Custodi in the 12 months before the damage arose.
2. A.8.2Custodi is not liable for indirect damage, including consequential damage, lost profits and lost savings.
3. A.8.3These limitations do not apply in case of intent or deliberate recklessness on the part of Custodi’s management.

A.9 Force majeure

1. A.9.1Custodi need not perform an obligation while prevented by force majeure: circumstances beyond its control, such as internet or infrastructure failures, changes at mail providers, cyberattacks, government measures and failures of third parties on which Custodi depends.
2. A.9.2If force majeure lasts longer than 60 days, either party may terminate the agreement in writing, without any right to compensation.

A.10 Governing law and competent court

1. A.10.1Dutch law applies to all agreements with Custodi.
2. A.10.2Disputes are submitted to the competent court of the District Court of Midden-Nederland (rechtbank Midden-Nederland), unless mandatory law designates another court.

1. B.1Term and termination: the licence applies for the agreed period and can be terminated with a notice period of 1 maand.
2. B.2Payment: the licence fee and the fee per dossier are invoiced in advance per period. Invoices must be paid within 14 days of the invoice date. In case of late payment, Custodi may suspend access after a written reminder.
3. B.3The partner remains responsible for its own advice and its communication with clients and surviving relatives.
4. B.4Custodi pays the partner no commission or fee.
5. B.5The data processing agreement applies to the processing of personal data in the partner’s dossiers and registrations.

1. C.1Authority: Custodi accepts an instruction only from an executor holding a certificate of executorship or a certificate of inheritance, or from all heirs jointly. An instruction from a single heir without such authority is refused.
2. C.2The executor personally consents to the scan. Custodi records the authority and the consent in the dossier log.
3. C.3Payment: the fee is due upon instruction and is paid before the report is delivered. The costs are costs of settling the estate and are borne by the estate.
4. C.4Consumer law: if the executor is a natural person not acting in the course of a profession or business, the mandatory rules of Title 6.5.2B of the Dutch Civil Code apply.
5. C.5Withdrawal: a consumer may withdraw from the agreement within 14 days of its conclusion without giving reasons. If the consumer expressly asks for the service to start within that period, they pay a proportionate part of the fee upon withdrawal. The right of withdrawal lapses once the service has been fully performed, if the consumer expressly agreed in advance to performance within the withdrawal period and acknowledged that they would then lose their right of withdrawal.

1. D.1The fee for Custodi Vooraf applies solely to the registration and the proof of consent. These are delivered immediately.
2. D.2A later inventory after death is a separate instruction from the executor, at the rate applicable at that time, under Part C. Nothing is paid in advance for services after death.
3. D.3The clause in the will leaves the executor free to choose another service provider.