Important Information on Complaint Handling 

Please read the information below carefully before making a complaint to ensure the admissibility of your complaint and effective handling of your complaint.  

Introduction 

Max Crowdfund B.V. ("Max Crowdfund") views every complaint or expression of dissatisfaction (or feedback from a customer that conveys a certain level of dissatisfaction) as an opportunity to improve its services. When a customer expresses dissatisfaction, it provides insight into the customer experience, but it also enables Max Crowdfund to analyze received complaints and to (be able to) take immediate action if there appear to be systemic problems or potential legal or operational risks. A complaint will be handled with the utmost care and Max Crowdfund will address and, where possible, resolve the customer's problem.  

Max Crowdfund is a crowdfunding service provider that has an AFM exemption to provide crowdfunding services in The Netherlands. For Max Crowdfund to be compliant with the European Crowdfunding Regulation (Regulation 2020/1503), Max Crowdfund has requirements regarding the design of an adequate and transparent complaint handling procedure. To provide you with more information regarding the way Max Crowdfund has set up its complaints handling procedure and how your complaint is resolved, we have prepared this page for you.  

However, the following channels can always be used to contact us for other reasons: 

E-mail address:  info@maxcrowdfund.com   
Telephone:  010 307 0948 
Mailing address: Max Crowdfund B.V.  
Attn: Max Crowdfund Service Desk  
Brielselaan 85  
3081 AB Rotterdam  
Twitter:@MaxCrowdfund  

Max Crowdfund aims for fair, transparent, and effective treatment of its clients. Max Crowdfund will think along with the client and inform them whether a complaint procedure might be more appropriate if the client has made use of other communication channels. A client is always allowed to file a complaint without using any other communication channel beforehand.

What is a complaint? 

A ‘complaint’ means a statement of dissatisfaction addressed to Max Crowdfund by one of its clients relating to the provision of crowdfunding services within the meaning of point (a) of Article 2(1) of Regulation (EU) 2020/1503, which includes: 

    • Max Crowdfund's services related to investing on the Platform; 
    • Max Crowdfund's services related to seeking funding through the Platform; 
    • Default rate disclosure; 
    • The Bulletin Board; 
    • The application of credit scores to crowdfunding projects; and Payment Services. 

You can assume that any service offered on our platform related to offers on our platform falls under this category. Rest assured, even if your complaint does not fall under this category, we will always try to find a solution for you. Max Crowdfund gives all clients the opportunity to express their dissatisfaction with the financial instruments and the investment services we provide. All complaints received are recorded adequately and transparently in the internal complaints administration, handled by the independent Complaints Handling Desk according to the complaints procedure applicable within Max Crowdfund, and reported to the Compliance function.  

Free of charge  

Every client has the right to make complaints free of charge. Max Crowdfund will not require or ask for any form of payment from the client to file and handle the complaint. 

What makes a complaint admissible 

A complaint is admissible if the following conditions are met: 

  • The complaint is related to the provision of crowdfunding services 
  • Within the meaning of point (a) of Article 2(1) of Regulation 2020/1503 which includes: 
    • Max Crowdfund's services related to investing on the Platform; 
    • Max Crowdfund's services related to seeking funding through the Platform; 
    • Default rate disclosure; 
    • The Bulletin Board; 
    • The application of credit scores to crowdfunding projects; and Payment Services. 
  • The client makes the complaint by using the standardized form as given in the Technical Standards and provided on Max Crowdfund's website. 
  • The client provides the required information and evidence with their complaint.   
    • Further specified in Required information and evidence
  • The client has used any official language of the jurisdiction in which Max Crowdfund provides crowdfunding services. 
    • Currently, Max Crowdfund accepts Dutch and English as languages that can be used to file complaints.
  • The person making the complaint is a client of Max Crowdfund 
    • Everyone has the right to leave feedback to Max Crowdfund, but the complaint procedure will only be followed with clients.   
  • The client has used one of the following methods to make a complaint: 

Required information and evidence 

For every complaint we require at least the following information: 

    • Personal data of the complainant 
      • Natural Person
        • Full name
        • Address
        • Postcode
        • City
        • Country/Region
        • Telephone
        • Email
      • Legal Person
        • Registration number and LEI (if available) 
        • Business name 
        • Address
        • Postcode
        • City
        • Country/Region
        • Telephone
        • Email
    • Personal data of the legal representative (if applicable) 
    • Full reference to the investment and/or agreement to which the complaint relates 
      • For investments: Full project name + Unique project number 
    • Description of the complaint’s subject-matter 
    • Date(s) of the facts that have generated the complaint 
    • Description of damage, loss, or detriment caused 

Required evidence: 

    • The complainant/representative should provide all available proof supporting the claims made by the complainant. 
    • A copy of the contractual documents of the investments to which the complaint relates (if applicable) 
    • A power of attorney or another official document as proof of the appointment of a representative (if applicable) 

Evidence required strongly depends on the matter of the complaint, but the following should at least be considered: 

    • Proof of damage  
    • Proof of a conversation 
      • The proof can be a copy of a conversation e.g., a copied email. 
      • The client can refer to a conversation with a Max Crowdfund employee by providing details on the conversation, e.g., time of conversation, the department they have spoken to, and the number used to contact Max Crowdfund. 

The procedure regarding the handling of complaints 

Max Crowdfund has a formal procedure in place to handle complaints. After the complaint form has been sent to us a standard procedure start. The procedure can be divided into the following steps: 

    • Acknowledgment of receipt and verification of admissibility 
    • Investigation of the complaint 
    • Decisions 

Acknowledgment of receipt and verification of admissibility

We send an automated confirmation of receiving the complaint as soon as the complaint is received and processed in the system. This confirmation is sent for the sole purpose of giving assurance the complaint has been received. The automated confirmation will contain the following information:

    • The email address and method of adding additional information/data to the complaint.
    • A complaint identification number (CIN) 
      • The client can send an email with the complaint identification number as its subject, to directly add that mail to the existing complaint file.  
      • Every response to the confirmation mail will also directly be added to the existing complaint file. 

An employee of Max Crowdfund gives a formal confirmation. Max Crowdfund strives to send this confirmation to the client within three business days but will take no longer than ten business days. 

With this confirmation Max Crowdfund will also provide the following information to the client: 

    • If the complaint is admissible 
    • If inadmissible Max Crowdfund will inform the client with a clear explanation of the reasons why. 
    • The identity and contact details, including e-mail address and telephone number, of the person or department to whom or to which complaints may address any query related to their complaint: 
      • Customer care: Complaints
      • E-mail address: complaints@maxcrowdfund.com 
      • Telephone: 010 307 0948 
    • The method of adding additional information/data to the complaint.
    • A complaint identification number (CIN) 
    • The client can send an email with the complaint identification number as its subject to directly add that mail to the existing complaint file.  
    • Every response to the confirmation mail will also directly be added to the existing complaint file.
    • The estimated time in which the client can expect a response. 

Investigation of the complaint 

Upon receipt of an admissible complaint, we will do our utmost to resolve it. 

After Max Crowdfund concludes that a complaint is admissible, priority will be given to assessing whether the complaint is clear and complete. In this procedure, Max Crowdfund will emphasize whether the complaint includes all relevant evidence and information.   

Max Crowdfund might need more information in addition to what is already available. If  Max Crowdfund concludes that this is the case  Max Crowdfund will assess whether this additional information can be gathered by Max Crowdfund or if the information needs to be provided by the client.   

If Max Crowdfund requires more information or clarification from the client, Max Crowdfund will without undue delay request any additional information/clarification necessary from the client.   

Max Crowdfund will keep the client informed on the progression of the procedure that is deemed relevant for the client. Max Crowdfund will always respond to reasonable information requests made by the complainants without any undue delay. These requests can be made by following the instructions received with the confirmation.  

Max Crowdfund will always provide the complaint identification number while communicating with the complainant and will ask the client to use the complaint identification number to ensure effective communication. 

Decision on the complaint 

Max Crowdfund will continue to decisions on the complaint if the complaint is deemed clear and complete. 

During the decision-making, Max Crowdfund will address all the points raised in the complaint and state the reasons for Max Crowdfund’s position. To ensure fair handling of the complaints Max Crowdfund will assess whether any precedent has been set on the points raised in the complaints.   

Max Crowdfund uses the information to assess whether a precedent has been set including but not limited to: 

    • Any previous complaint which raised similar points   
    • Any public response from a competent authority on a similar point   

In the case of a complaint with precedent, Max Crowdfund will carefully examine whether a different approach is necessary. If Max Crowdfund deems a different approach appropriate, Max Crowdfund will clearly explain why the different approach was taken. Max Crowdfund will strive to make a decision that is consistent with any previous decision.   

Max Crowdfund will communicate its decision within the timeframe that has been communicated to the client with the confirmation. In the case where Max Crowdfund is unable to respond within the timeframe, Max Crowdfund will clearly inform the complainant about the causes of the delay and specify the deadline by which the complainant is expected to receive the decision.   

If Max Crowdfund decides to not or only partially uphold the complaint, it shall include a thorough explanation of Max Crowdfund's position on the complaint. In addition, Max Crowdfund shall inform the client about the possibility to file a complaint to a competent authority in accordance with Article 38 of Regulation (EU) 2020/1503 or taking civil actions. Max Crowdfund will specify how further information about such mechanism or authority and the conditions for using it can be accessed.   

Record keeping 

All complaints must be properly recorded. Records of complaints must be retained for a minimum of five years from the complaint being finalized. A complaint is finalized once Max Crowdfund has decided on the complaint and no further response is received on the complaint for one full month or if the complainant confirms to agree with the decision. 

Max Crowdfund will maintain a record of each complaint received and the measures taken for its resolution. Such records will include: 

    • The Complaint Number
    • The category of the complaint is made up of: 
      • The subject of the complaint; 
      • Services to which the complaint relates; 
    • The date on which the complaint is received 
    • Address from which the complaint was received 
    • Personal information of the client, including: 
      • Name and contact details of the complainant; 
    • Receipt acknowledgment, including:
      • Whether the complaint was deemed admissible or not 
      • The date on which a decision on admissibility was made and communicated to the complainant 
    • Name of the person(s) responsible for handling the complaint 
    • Whether the complaint was deemed justified or was upheld or not 
    • The date on which the decision on the complaint was made and communicated to the complainant 
    • The total processing time of the complaint (total business days from receiving the complaint to deciding on the complaint) 
    • Whether compensation was granted to the complainant, if compensation was granted this will also include the amount
    • Whether the entire process was completed or not 
    • The date on which the complaint is closed 
    • The investigation carried out and result/outcome; 
    • Audit trail of correspondence and communication with the complainant.  

Max Crowdfund records complaints for the following reasons: 

    • To remain compliant with article 26 (a) Regulation 2020/1503 
    • To build a complaint register that allows Max Crowdfund: 
      • To handle similar complaints more quickly in the future 
      • To decide fairly and equally on similar complaints in the future
    • To help improve Max Crowdfund's services 

To file a complaint, please fill in the form below or download it here:   

Complaints form

File your complaint by filling in this form