Terms and Conditions

1.1 These terms and conditions apply to all offers, quotations, agreements and deliveries of services by Advantage.

1.2 General terms and conditions of the client or third parties do not apply, unless Advantage has accepted them in writing.

1.3 All quotations and offers from Advantage are non-binding, unless expressly stated otherwise.

1.4 Orders are only deemed to have been accepted when Advantage confirms the order in writing.

1.5 Advantage reserves the right to refuse orders without stating reasons.

2.1 Dutch law exclusively applies to all agreements with Advantage.

2.2 The court in Arnhem has exclusive jurisdiction to hear disputes arising from the services of Advantage.

3.1 All (delivery) terms mentioned by Advantage are indicative and do not constitute fatal deadlines.

3.2 Exceeding a term does not give the client the right to compensation or dissolution, unless the client fully indemnifies Advantage.

3.3 If Advantage depends on information or input from the client, the term will be extended by the duration of the delay plus two (2) weeks.

3.4 If the client does not provide necessary materials or access for longer than 30 days, the payment obligation remains fully in effect.

3.5 If the client fails for longer than 60 days, Advantage may dissolve the agreement, without prejudice to payment of outstanding amounts.

3.6 Advantage may make partial deliveries and send corresponding invoices.

3.7 The client is entitled to a maximum of three (3) revision rounds per item. Additional revisions will be invoiced additionally.

3.8 Terms only start running once Advantage has received the correct data, materials and access to systems.

4.1 All rates are exclusive of VAT, unless otherwise agreed in writing.

4.2 Advantage may adjust rates based on inflation, operational or economic circumstances, even within existing agreements.

5.1 Advantage excludes all liability to the extent legally permitted.

5.2 Advantage's liability is limited to a maximum of the invoice amount of the last month in which the damage allegedly occurred.

5.3 Advantage is not liable for material or immaterial consequential damage, including suspensions or restrictions of advertising or social media platforms, algorithm updates, technical platform measures, loss of access due to client actions, loss of profit, reputation damage, data loss, reduced advertising performance or stagnation of business processes.

5.4 Advantage is not responsible for incorrect, misleading, unlawful or copyrighted content provided by the client or published by Advantage on behalf of the client based on their input.

5.5 Advantage cannot guarantee that files, software, links or integrations are free from technical errors, malfunctions, limitations or security risks arising from external systems or third parties.

5.6 Advantage retains all rights to strategies, systems, formats, templates, scripts, notes and working methods developed by it until the client has fully met their payment obligations.

6.1 The client fully indemnifies Advantage for claims from third parties arising from materials, data, content or actions of the client.

6.2 The client indemnifies Advantage for all damages and costs arising from legal defense against such claims.

7.1 Invoices must be paid within fourteen (14) days.

7.2 Subscriptions are invoiced monthly in advance.

7.3 In case of late payment, the client is immediately in default and an interest of 5% per month is due.

7.4 Advantage may suspend work as long as invoices remain unpaid.

7.5 All collection, legal and extrajudicial costs are entirely for the account of the client.

7.6 Advantage may offset outstanding amounts with any counterclaims from the client.

8.1 Both parties must keep confidential information strictly secret.

8.2 If disclosure is legally required, the other party will be informed in advance.

8.3 Unlawful disclosure gives Advantage the right to compensation.

8.4 The client may not contact or hire employees, freelancers or subcontractors of Advantage for one (1) year after termination of the collaboration. In case of violation, the competent court may determine appropriate compensation.

9.1 The client provides Advantage access to all necessary accounts, including social media, advertising or analytics platforms.

9.2 Advantage logs into these accounts itself and performs actions in the interest of the campaign and progress.

9.3 The client remains the owner of their accounts, but Advantage remains the owner of the advertising account it manages.

9.4 Upon termination of the collaboration, Advantage removes all active campaigns and disconnects its advertising channel.

10.1 Advantage works with monthly subscriptions and project agreements.

10.2 Costs remain due as long as the collaboration continues.

10.3 Non-use of services does not release the client from payment obligations.

10.4 Advantage may modify or optimize work at its own discretion, provided this is in the interest of results.

10.5 Performance guarantees only apply as agreed in writing (e.g. number of leads).

11.1 The notice period is thirty (30) days.

11.2 Advantage completes the current month depending on the agreement, or stops immediately if the client wishes.

11.3 After termination, accounts are disconnected and all access is withdrawn.

11.4 The client retains content developed for them; advertising campaigns and the advertising account managed by Advantage are removed.

11.5 Outstanding amounts remain due at all times.

12.1 If a provision proves to be invalid or unenforceable, it will be replaced by a valid provision that most closely approximates the original intention.

12.2 The remaining provisions remain in full force.