Terms & conditions.

These Terms and Conditions apply to all offers, quotations, agreements and services of MarketingConcurrent B.V. (hereinafter: MarketingConcurrent), with its registered office at Vendelier 2D, 3905 PA Veenendaal, registered with the Chamber of Commerce under number 73329908.

For questions or contact: contact@marketingconcurrent.nl.

Article 1. Applicability and formation

1. The agreement between MarketingConcurrent and the client is concluded in writing. Confirmation by e-mail or through a digital approval also counts as written.
2. These terms and conditions apply to all offers, quotations and agreements of MarketingConcurrent.
3. MarketingConcurrent expressly rejects the applicability of any general terms and conditions of clients.
4. In the event of conflicts or ambiguities, the following order of precedence applies:
   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. Nature and scope of the work

1. MarketingConcurrent has a best-efforts obligation. The agreed work is carried out to the best of its ability. Statements about possible results are indicative. A performance obligation or guarantee only exists if this has been expressly agreed in writing.
2. MarketingConcurrent may have work within the assignment carried out by third parties. The costs of this are only charged on with the prior consent of the client.
3. Additional work, meaning work outside the original assignment, is charged on the basis of actual costs. MarketingConcurrent is not obliged to accept additional work.

Article 3. Obligations of the client

1. The client ensures that MarketingConcurrent has timely access to all data, accesses, materials and approvals required for the work. This includes access to advertising accounts, analytics, the CMS and the website.
2. If the client fails to deliver, or does not deliver on time, MarketingConcurrent may suspend the work. Agreed deadlines are then extended accordingly. Additional costs arising from this are borne by the client.
3. The client warrants that the supplied material does not infringe the rights of third parties and complies with the law and with the rules of the platforms used.

Article 4. Prices and payment

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. MarketingConcurrent invoices monthly. Invoices are sent electronically to the e-mail address provided by the client for this purpose. The client agrees to electronic invoicing.
4. The payment term is 14 days from the invoice date, unless agreed otherwise in writing. Complaints about an invoice must be reported by the client within 14 days of the invoice date. After that, the invoice is deemed accepted.
5. If the client does not pay within the term, the client is in default without further notice. From that moment, statutory commercial interest is due, plus extrajudicial collection costs in accordance with the statutory scale.
6. In the event of default, MarketingConcurrent may suspend the work and pause running campaigns after informing the client. Any resulting damage is borne by the client.
7. MarketingConcurrent may adjust its rates annually as of 1 January. A price change is announced in writing at least one month in advance.

Article 5. Media budget and external platforms

1. The advertising budget spent at Google, Microsoft, Meta, LinkedIn, TikTok or other platforms (the media budget) is not a fee for MarketingConcurrent. The client pays this budget directly to the platform, unless agreed otherwise in writing.
2. If MarketingConcurrent advances the media budget, it is passed on one to one, possibly with a surcharge agreed in advance. The same payment term applies as for other invoices.
3. MarketingConcurrent has no control over the operation, policies and availability of external platforms. It is not liable for damage caused by outages, policy changes, disapprovals, suspensions or termination of accounts by a platform, unless these are the direct result of an attributable failure by MarketingConcurrent.
4. The client complies with the terms of the platforms used. MarketingConcurrent may refuse or adjust assignments that conflict with those terms or with the law.

Article 6. Duration and termination

1. The client may terminate the agreement in writing at any time, without notice period and without stating reasons.
2. In the event of early termination by the client, the client pays for the work performed up to the moment of termination and the costs incurred by MarketingConcurrent up to that moment.
3. MarketingConcurrent may terminate the agreement with a notice period of one month, unless agreed otherwise in writing.
4. If MarketingConcurrent implements a price increase, the client may terminate the agreement in writing with immediate effect. This must be done within 14 days of the announcement. After that, the increase is deemed accepted.
5. Upon termination, MarketingConcurrent cooperates in an orderly handover of accesses and ongoing work. Accounts and data are and remain the client's, see article 7.

Article 7. Ownership of advertising accounts

1. Advertising accounts (such as Google Ads, Microsoft Advertising, Meta, LinkedIn or TikTok) are and remain the property of the client. This also applies to accounts that MarketingConcurrent has created for the client. MarketingConcurrent works through administrative access that the client can revoke at any time.
2. If MarketingConcurrent has created an account, it registers that account in the client's name. All campaigns, settings, conversion data and history are stored in that account and stay there, also after the end of the collaboration.
3. Upon termination, MarketingConcurrent revokes its own access and does not delete or change anything in the account. No costs are attached to this.
4. If the client fails to pay invoices, MarketingConcurrent may suspend its work until payment has been made. Even then, the client keeps full access to its own account.
5. The client is responsible for the account, including compliance with the platform's terms and applicable laws and regulations. MarketingConcurrent is not liable for damage arising from the use or management of the account by the client or third parties after the end of the collaboration.

Article 8. Delivery of websites and migrations

1. For the construction or migration of a website, delivery takes place at the moment MarketingConcurrent reports that the work is ready for review.
2. The client reviews the delivered work within 14 days and reports defects in writing and in concrete terms. If the client reports nothing within that period, or puts the website into use, the work is deemed accepted.
3. Minor defects that do not prevent use are no reason to postpone acceptance or payment. MarketingConcurrent repairs them within a reasonable period.
4. The number of revision rounds and their scope are stated in the quotation. Changes beyond that count as additional work.

Article 9. Liability

1. In the event of a shortcoming, the client first calls on MarketingConcurrent to perform. This is done by means of a written notice of default that clearly describes the shortcoming and gives a remedy period of at least two weeks. Only if the remedy is not provided within that period can there be liability.
2. If MarketingConcurrent is liable, that liability is limited to 50% of the fee (excluding VAT and excluding media budget) paid by the client for the relevant assignment in the twelve months preceding the event causing the damage, with a maximum of € 10,000 per event and per calendar year. A series of related events counts as one event.
3. Indirect damage, such as consequential damage, lost profits, missed savings, loss of data and business interruption, is not compensated.
4. The limitations in this article do not apply in the event of intent or deliberate recklessness on the part of MarketingConcurrent.
5. The client indemnifies MarketingConcurrent against third-party claims in connection with the performance of the agreement, insofar as these are not attributable to MarketingConcurrent.

Article 10. Force majeure

1. MarketingConcurrent is not obliged to perform if prevented from doing so by force majeure. This includes outages at external platforms or hosting parties, internet and power failures, cyber attacks, illness of key personnel, government measures and failures of engaged third parties beyond MarketingConcurrent's control.
2. If the force majeure lasts longer than 60 days, both parties may terminate the agreement in writing. Work already performed is settled.

Article 11. MarketingConcurrent personnel

1. The client does not employ MarketingConcurrent personnel, nor engage them directly or indirectly, until one year after the end of the collaboration. In the event of a breach, a penalty of € 50,000 per case applies. If that penalty cannot be legally awarded, a reasonable compensation is due for the investments in recruitment and training.
2. If personnel work at the client's location, the client ensures a safe working environment in accordance with applicable labour regulations.

Article 12. Confidentiality and personal data

1. Both parties treat information exchanged 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.
2. If MarketingConcurrent processes personal data on behalf of the client, for example through analytics, advertising pixels or e-mail systems, the parties conclude a data processing agreement for this. How MarketingConcurrent itself handles personal data is described in the privacy policy.

Article 13. Intellectual property

1. Campaign structures, ad copy, creatives, keyword lists, audiences and settings that MarketingConcurrent creates for the client become the full property of the client once the related invoices have been paid. They are stored in the client's accounts and stay there after the end of the collaboration, at no extra charge.
2. For websites, texts, designs, code and reports that MarketingConcurrent creates for the client, the client receives, after full payment, an unrestricted right of use without limitation in time, also after the end of the collaboration. On request, MarketingConcurrent confirms the transfer of copyright in writing, free of charge.
3. Excluded are MarketingConcurrent's own methods, tools, templates and reusable components, and third-party rights such as licences for themes, plug-ins, fonts and stock images. These remain with MarketingConcurrent or subject to the terms of those third parties, respectively.
4. Information and documentation from MarketingConcurrent are intended solely for internal use by the client. Publication or reproduction is only permitted with written consent.
5. MarketingConcurrent may use acquired knowledge in anonymised form for other purposes.
6. MarketingConcurrent may use the client's name and logo and the delivered work as a reference, unless the client objects to this in writing.

Article 14. Final provisions

1. All legal relationships with MarketingConcurrent are governed exclusively by Dutch law.
2. The parties first try to resolve a dispute by mutual consultation. If this fails, the dispute is submitted to the competent court of the Midden-Nederland District Court, Utrecht location, unless mandatory law prescribes another court.
3. MarketingConcurrent may amend these terms. Amended terms apply to ongoing agreements from one month after written notification. If the client does not agree with an amendment, the client may terminate the agreement as described in Article 6.
4. If a provision proves invalid, the remaining provisions remain in force. The parties then jointly determine a new provision that matches the original intention as closely as possible.

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