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Applicable to all quotes, assignments and agreements of Momenti, a trading name of Heusdens Services. By agreeing to a quote or assignment, the Client accepts these terms and conditions. In case of any discrepancy between this translation and the Dutch original, the Dutch version prevails.
In these terms and conditions, the following definitions apply:
2.1 These terms apply to all proposals, quotes and agreements between the Contractor and the Client.
2.2 Deviations from these terms are only valid if agreed in writing.
2.3 The applicability of the Client's own terms and conditions is explicitly rejected.
3.1 The Contractor provides services in the field of: media buying (including Meta Ads and Google Ads), advertising strategy and advice, and content guidance for paid media.
3.2 Services are carried out on the basis of:
3.3 For retainer agreements, a one-off setup fee may be charged. This is agreed in writing in advance.
4.1 All quotes are non-binding and valid for 30 days from the date of issue, unless stated otherwise.
4.2 An agreement is formed by the Client's written acceptance of the quote, or by the commencement of work following agreement.
5.1 Invoices must be paid within 14 days of the invoice date.
5.2 For large assignments - at the Contractor's discretion - a deposit of 25% of the total amount may be requested prior to the start of work.
5.3 In the event of late payment, the Client is automatically in default. The Contractor is entitled to suspend work until payment has been made.
5.4 All amounts are exclusive of VAT, unless stated otherwise.
6.1 Assignments commence on the date stated in the agreement or, failing that, on the date of the first work performed.
6.2 Retainer agreements have a two-week trial period. During this period, either party may terminate the agreement without giving reasons.
6.3 After the trial period, a notice period of one calendar month applies, effective from the first day of the following month.
6.4 One-off assignments end automatically upon delivery and approval of the agreed result.
7.1 The Contractor performs the assignment according to its own professional judgement, in accordance with the agreements made.
7.2 The Client is responsible for the timely supply of necessary information, materials and access to relevant platforms. Delays resulting from the failure to do so cannot be attributed to the Contractor.
7.3 The Contractor is entitled to engage third parties to carry out the assignment, provided this does not compromise quality and does not incur unnecessary additional costs.
8.1 The Contractor's liability is limited to the amount invoiced to and paid by the Client for the relevant assignment in the twelve months preceding the event causing the damage.
8.2 The Contractor is not liable for indirect damage, consequential damage, loss of profit or damage resulting from decisions made by advertising platforms (such as Meta or Google).
8.3 The Contractor is insured for professional liability.
8.4 The Client indemnifies the Contractor against third-party claims relating to information or materials supplied by the Client.
9.1 All strategies, reports, methodologies and working methods developed by the Contractor remain the property of the Contractor, unless agreed otherwise in writing.
9.2 The Client obtains a non-exclusive right of use to the works created for the assignment, to the extent necessary for the purpose of the assignment.
9.3 Transfer of intellectual property to the Client is possible following a written agreement and payment of a separately agreed additional fee.
9.4 The Client is not permitted to share or transfer the Contractor's works to third parties without permission.
10.1 Both parties undertake to keep confidential all confidential information they receive from each other in the context of the assignment.
10.2 Confidential information means: company data, campaign results, strategy documents and other information that can reasonably be regarded as confidential.
10.3 This confidentiality obligation also applies after termination of the agreement, for a period of two years.
11.1 Changes to the assignment or additional work are agreed in writing and may result in adjustments to the price and/or timeline.
11.2 The Contractor is entitled to charge for additional work if the Client expands or changes the scope of the assignment after the agreement has been formed.
12.1 Dutch law applies to all agreements between the Contractor and the Client.
12.2 Disputes are preferably resolved through mutual consultation. If this is not possible, disputes will be submitted to the competent court in the Midden-Nederland district.