Terms & conditions.

Version 1.1

These Terms and Conditions apply to all offers, quotations, agreements and services of Marketingconcurrent, with its registered office at Vendelier 2, 3905 PA Veenendaal, registered with the Chamber of Commerce under number 73329908.

For questions or contact: info@marketingconcurrent.nl.

Article 1. The contractual relationship between Marketingconcurrent and the client

1. The contractual relationship between Marketingconcurrent and the client is always established in writing.
2. These terms and conditions apply to all offers, quotations and agreements of Marketingconcurrent.
3. Marketingconcurrent expressly rejects the applicability of clients' general terms and conditions to offers, quotations or contractual arrangements.
4. Agreements between Marketingconcurrent and the client may also be confirmed digitally.
5. In the event of contradictions or ambiguities, the following order of precedence applies when determining arrangements:
   1. the written agreement between Marketingconcurrent and the client
   2. the underlying quotation from Marketingconcurrent
   3. these Terms and Conditions
   4. prior correspondence between the parties

Article 2. The nature and scope of the work

1. Marketingconcurrent has a best-efforts obligation: the agreed work is carried out to the best of our ability. Statements about possible results are indicative. An obligation to achieve a specific result or a guarantee only applies if expressly agreed in writing.
2. Marketingconcurrent may have work within the assignment carried out by third parties. The costs of this are only passed on with the client's prior consent.
3. Additional work (work outside the original scope) is charged on a time-and-materials basis. Marketingconcurrent is not obliged to accept additional work.

Article 3. Prices and payment terms

1. All prices are in euros, excluding VAT and any other levies or surcharges imposed by governments.
2. All costs arising from the agreement are borne by the client, unless expressly agreed otherwise in writing.
3. Invoicing takes place monthly and is done electronically via the e-mail address info@marketingconcurrent.nl. The client expressly agrees to this.

Article 4. Termination of the contractual relationship

1. The client has the right to terminate the agreement with Marketingconcurrent in writing at any time, without notice period and without stating reasons.
2. In the event of interim termination by the client, the client is liable to pay for the work already performed and costs incurred by Marketingconcurrent up to the moment of termination.
3. Marketingconcurrent may terminate the agreement subject to a notice period of 1 month, unless agreed otherwise in writing.
4. If Marketingconcurrent implements a price increase, the client is also entitled to terminate the agreement in writing with immediate effect. This must be done within 14 days of notification of the price increase, otherwise the increase is deemed accepted.

Article 5. Ownership of the Google Ads account

1. If the Google Ads account was created and is managed by the contractor, ownership and management of this account remain with the contractor until all outstanding invoices have been paid in full. This provision applies only upon termination of the agreement between the parties.
2. The contractor reserves the right to transfer the account and the associated management access to the client only after all outstanding payment obligations have been met. Once all outstanding invoices have been paid in full, the usage rights and management access are transferred to the client, after which the client can independently manage the account.
3. The contractor is not liable for any (financial) damage, losses or claims arising from the use, access or management of the Google Ads account after transfer to the client. From the moment of transfer, the client is responsible for the use and management of the account, including compliance with Google's terms and other applicable laws and regulations.
4. If the client fails to pay (part of) the outstanding invoices, the contractor reserves the right to temporarily block access to the Google Ads account until the payment obligations have been met.
5. The contractor reserves all other rights, including intellectual property rights relating to the campaign structures, advertising material and strategies used by the contractor, unless expressly agreed otherwise in writing.

Article 6. Liability and damages

1. The client may hold Marketingconcurrent to the fulfilment of arrangements, but not to compensation for damages. A written notice of default must contain a clear description with a remedy period of at least two weeks.
2. If liability of Marketingconcurrent is established, it is limited to 50% of the amount owed by the client, with a maximum of € 10,000. Indirect damage (such as consequential loss, lost profit, business interruption) is not compensated.
3. The client indemnifies Marketingconcurrent against third-party claims relating to the performance of the agreement, insofar as these cannot be attributed to Marketingconcurrent.

Article 7. Marketingconcurrent personnel

1. The client may not employ or engage Marketingconcurrent personnel, directly or indirectly, until 1 year after the end of the collaboration. In the event of a breach, a penalty of € 50,000 per case applies. If this is not legally enforceable, a reasonable fee is due for investments in recruitment and training.
2. If personnel work at the client's premises, the client must provide a safe working environment in accordance with applicable (employment) regulations.

Article 8. Confidentiality

Both parties treat information they exchange during or after the agreement as confidential, if it is marked as such or should reasonably be regarded as confidential. This obligation also applies to employees and engaged third parties.

Article 9. Intellectual property rights

1. All copyrights and other intellectual property rights of services/products supplied by Marketingconcurrent rest with Marketingconcurrent. If transfer is desirable and legally straightforward, this can take place on written request and for a fee, provided the client has fully met its obligations.
2. The information/documentation provided by Marketingconcurrent is for internal use by the client only. Disclosure or reproduction is only permitted with written consent.
3. Marketingconcurrent may use knowledge gained, in anonymised form, for other purposes.

Article 10. General provisions

1. All legal relationships with Marketingconcurrent are governed exclusively by Dutch law.
2. If any provision proves invalid, the remaining provisions remain in force. The parties will then jointly establish a new provision that aligns as closely as possible with the original intent.

Questions about these terms? Then contact us via info@marketingconcurrent.nl.