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These General Terms and Conditions apply to all offers, quotations, agreements and services of Marketing competitor, having its registered office at the 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 general terms and conditions apply to all offers, quotations and agreements of Marketingconcurrent.
  3. Marketingconcurrent expressly rejects the applicability of general terms and conditions of clients in offers, quotations or contractual agreements.
  4. Agreements between Marketing Concurrent and the client may also be confirmed digitally.
  5. In the event of contradictions or ambiguities, the following order of precedence applies in determining agreements:
    1. the written agreement between Marketingconcurrent and the client
    2. the underlying Marketing Competitor's offer
    3. these Terms and Conditions
    4. prior correspondence between the parties

Article 2. The nature and scope of work

  1. Marketingconcurrent has a best-efforts obligation: the agreed work will be performed to the best of its ability. Statements about possible results are indicative. There is only a result obligation or guarantee if expressly agreed in writing.
  2. Marketingconcurrent may have work within the assignment performed by third parties. Costs thereof will only be charged with the prior consent of the client.
  3. Additional work (work outside the original scope) will be reimbursed on the basis of subsequent calculation. 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 shall be 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. Client expressly agrees to this.

Article 4. Termination of the contractual relationship

  1. The client has the right to terminate the agreement with Marketingconcurrent at any time in the interim, without notice and without giving any reason, in writing.
  2. In case of premature termination by the client, the client is obliged to pay the work already performed and costs incurred by Marketingconcurrent up to the time of termination.
  3. Marketing Concurrent may terminate the agreement subject to 1 month's notice, unless otherwise agreed in writing.
  4. If Marketingconcurrent imposes 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 will be considered accepted.

Article 5: Ownership of the Google Ads account

  1. If the Google Ads account is created and managed by the Contractor itself, ownership and management of this account shall remain with the Contractor until all outstanding invoices are paid in full. This provision shall only apply upon termination of the agreement between the parties.
  2. The Supplier reserves the right to transfer the account and associated management access to the Client only after all outstanding payment obligations have been met. After full payment of all outstanding invoices, the user rights and management access will be transferred to the Client, after which the Client can manage the account independently.
  3. The contractor is not liable for any (financial) damages, 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 solely responsible for the use and management of the account, including compliance with Google's terms and conditions and other applicable laws and regulations.
  4. If the client defaults on the payment of (part of) outstanding invoices, the contractor reserves the right to temporarily block access to the Google Ads account until payment obligations have been met.
  5. The contractor reserves all other rights, including intellectual property rights in relation to the campaign structures, advertising materials and strategies used by the contractor, unless expressly agreed otherwise in writing.

 

Article 6. Liability and damages

  1. The client may sue Marketingconcurrent for performance of agreements, not for damages. A written notice of default must contain a clear description with at least two weeks' recovery time.
  2. If Marketingconcurrent's liability is assumed, it will be limited to 50% of the amount owed by the client, with a maximum of €10,000. Indirect damages (such as consequential damages, loss of profits, business interruption) will not be compensated.
  3. The client indemnifies Marketingconcurrent against claims of third parties in connection with the execution of the agreement, insofar as they are not attributable to Marketingconcurrent.

Article 7. Personnel of Marketing Competitor

  1. The client may not employ or engage Marketingconcurrent's personnel, directly or indirectly, until 1 year after the end of the cooperation. In case of violation, a fine of €50,000 per case applies. If not legally assignable, a reasonable compensation for investment in recruitment and training is due.
  2. When personnel work on the client's premises, the client must ensure a safe working environment in accordance with applicable (labour) regulations.

Article 8. Confidentiality

Both parties shall treat information they exchange during or after the agreement as confidential, if it is marked as such or should reasonably be considered 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 are vested in Marketingconcurrent. If transfer is desirable and legally easily achievable, this can be done on written request and for a fee, provided that the client has fully complied with its obligations.
  2. The information/documentation provided by Marketingconcurrent is for internal use by client only. Disclosure or multiplication is permitted only with written permission.
  3. Marketing Concurrent may use knowledge gained anonymously for other purposes.

Article 10. General provisions

  1. All legal relationships with Marketingconcurrent are exclusively governed by Dutch law.
  2. If any provision is found to be invalid, the remaining provisions will remain in force. The parties shall then jointly adopt a new provision that is as close as possible to the original intention.

Questions about these conditions? Please contact us via info@marketingconcurrent.nl