Terms & Conditions

Article 1: Definitions

In these terms and conditions, the following definitions apply:

• Service Provider: Adsvantage, located at Den Burglaan 8, 1906 XL Limmen, registered with the Dutch Chamber of Commerce under number 89424514.
• Client: the natural person or legal entity using the services of the Service Provider.
• Agreement: any arrangement between Service Provider and Client regarding the delivery of services.
• Services: all work offered and performed by Service Provider, including but not limited to digital marketing, Google Ads management, tracking, analytics, strategy, consultancy, advertising management, reporting and related activities.

Article 2: Applicability

These terms and conditions apply to all quotes, agreements, work and deliveries of the Service Provider.

Deviations from these terms are only valid if agreed in writing.

The applicability of any general terms and conditions of the Client is expressly excluded.

Article 3: Quotes and formation of agreement

All quotes and price proposals from Service Provider are without obligation, unless expressly stated otherwise in writing.

An agreement is formed as soon as Client provides written, email, message or other confirmation of a quote, proposal or order confirmation from Service Provider, or as soon as Service Provider actually commences the work.

Service Provider has the right to engage third parties for the performance of the agreement.

Article 4: Performance of work

Service Provider will perform the work to the best of its knowledge and ability.

Service Provider has an obligation of effort and gives no guarantees regarding results, revenue, profit, leads, positions, conversions or other outcomes.

Client is responsible for ensuring that all data, access to accounts, materials and other information required for the execution of the assignment are provided on time and correctly.

Delays or additional costs resulting from incorrect, incomplete or late delivery by Client are for Client's account.

Article 5: Duration, renewal and termination

Unless otherwise agreed in writing, agreements are entered into on a monthly basis.

The agreement may be terminated on a monthly basis.

Notice of termination must be given in writing no later than 7 days before the start of a new month.

If notice is given later, the agreement continues through the following month.

Work already performed and costs incurred up to the end date of the agreement remain fully due.

Article 6: Rates and invoicing

All rates quoted by Service Provider are exclusive of VAT, unless expressly stated otherwise.

Service Provider invoices monthly in arrears for services rendered in the preceding month.

The payment term for invoices is 28 days from the invoice date.

Service Provider is entitled to adjust prices during the agreement, provided this is communicated to Client in a timely manner.

Article 7: Payment and collection

Client is required to pay invoices in full within the agreed payment term.

If Client fails to pay on time, Client is in default by operation of law.

Service Provider will send at least one payment reminder if payment is not received.

If payment remains outstanding, Service Provider has the right to send a second reminder or demand notice.

If payment is still not received, Service Provider has the right to suspend work and to hand the claim to a collection agency or other third party.

All reasonable extrajudicial collection costs, legal costs and other costs incurred by Service Provider to obtain payment are for Client's account.

Article 8: Suspension and termination

Service Provider has the right to immediately suspend or terminate the agreement if:

• Client fails to make payment;
• Client does not provide the required cooperation;
• continuation of the cooperation cannot reasonably be expected of Service Provider.

Suspension or termination does not release Client from payment obligations for work already performed.

Article 9: Liability

Service Provider is only liable for direct damage that is the direct result of intent or gross negligence.

Any liability of Service Provider is limited to the amount paid out by Service Provider's liability insurance in the relevant case.

If no payout takes place for any reason, liability is limited to the invoice amount for the last month to which the liability relates, with a maximum of the amount paid by Client for the relevant work.

Service Provider is not liable for indirect damage, consequential damage, lost profit, missed savings, reputational damage, business interruption or damage resulting from decisions of third parties.

Service Provider is not liable for errors, failures or decisions of third parties, including but not limited to Google, Meta, hosting parties, software suppliers, developers, payment providers and other external platforms or tools.

Article 10: Force majeure

Force majeure means any circumstance beyond Service Provider's control that prevents performance of the agreement from being reasonably required.

In case of force majeure, Service Provider has the right to suspend performance of the agreement or to terminate the agreement in whole or in part without being liable for damages.

Article 11: Intellectual property

All advice, strategies, reports, texts, analyses, structures, campaigns, documents and other materials provided by Service Provider remain the property of Service Provider, unless otherwise agreed in writing.

Client obtains only the right to use these materials for the purpose for which they were provided.

Client may not reproduce, publish or provide to third parties materials delivered by Service Provider without prior written consent, unless this is reasonably necessary for use within their own organisation.

Article 12: Confidentiality

Parties are obliged to keep confidential any confidential information received in the context of the agreement.

Information is considered confidential when a party has indicated this or when this reasonably follows from the nature of the information.

Article 13: Complaints

Complaints about work performed must be reported by Client to Service Provider in writing as soon as possible, but no later than 14 days after discovery.

Filing a complaint does not suspend Client's payment obligation.

Article 14: Governing law and jurisdiction

Dutch law exclusively applies to all legal relationships between Service Provider and Client.

Disputes will be submitted to the competent court in the district where Service Provider is established, unless mandatory law provides otherwise.