Terms & Conditions Marketingzeker

Last updated: July 13, 2025

Article 1. Definitions

1.1 Marketingzeker: the sole proprietorship Marketingzeker, established in Tilburg, registered with the Chamber of Commerce under number 88655563.

1.2 Client: the natural person or legal entity that has entered into an agreement with Marketingzeker.

1.3 Agreement: the agreement between Marketingzeker and Client.

1.4 Services: all services that Marketingzeker performs for Client, including but not limited to SEO (search engine optimization), marketing, web design, Meta & Google Ads, email marketing, social media marketing, and logo & branding.

1.5 Website: the website of Marketingzeker, accessible via https://marketingzeker.nl/.

Article 2. Applicability

2.1 These general terms and conditions apply to all offers, quotations, work, agreements and deliveries of services or products by or on behalf of Marketingzeker.

2.2 Deviating from these terms and conditions is only possible if this has been expressly and in writing agreed upon by parties.

2.3 The applicability of the Client's general terms and conditions is expressly rejected.

Article 3. Offers and Quotations

3.1 All offers and quotations from Marketingzeker are non-binding, unless otherwise stated. An offer or quotation is valid for a maximum of 30 days, unless a different acceptance period is stated in the quotation.

3.2 Marketingzeker cannot be held to its offers or quotations if the Client can reasonably understand that the offers or quotations, or a part thereof, contain an obvious mistake or error.

3.3 Offers and quotations do not automatically apply to future orders or reorders.

Article 4. Acceptance and Agreement

4.1 An agreement is concluded at the moment when the Client has accepted an order or quotation from Marketingzeker in writing, or when Marketingzeker begins executing the order.

4.2 Marketingzeker reserves the right to refuse an order without giving reasons.

Article 5. Performance of the Agreement

5.1 Marketingzeker will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

5.2 If and insofar as proper performance of the agreement requires this, Marketingzeker has the right to have certain work performed by third parties.

5.3 The Client ensures that all data, which Marketingzeker indicates are necessary or which the Client should reasonably understand are necessary for the performance of the agreement, are provided to Marketingzeker in a timely manner.

5.4 If the data necessary for the performance of the agreement have not been provided to Marketingzeker in time, Marketingzeker has the right to suspend the performance of the agreement and/or to charge the Client for the extra costs resulting from the delay according to the then current rates.

Article 6. Modification of the Agreement

6.1 If during the performance of the agreement it appears that it is necessary to change or supplement it for proper performance, the parties will proceed to adjust the agreement in a timely manner and in mutual consultation.

6.2 If the change or supplement to the agreement will have financial and/or qualitative consequences, Marketingzeker will inform the Client in advance.

Article 7. Prices

7.1 All prices are in euros and exclusive of VAT and other levies imposed by the government, unless otherwise stated.

7.2 Marketingzeker has the right to adjust its prices annually. Price changes are communicated at least 30 days before the effective date.

7.3 In case of a price increase, not being indexation, the Client has the right to terminate the agreement. This right expires 30 days after announcement of the price increase.

Article 8. Payment Terms

Important payment information:

Payment must be made within 14 days after invoice date.

8.1 Payment must be made within 14 days after the invoice date, in a manner indicated by Marketingzeker in the currency in which the invoice was issued.

8.2 After the expiry of 14 days after the invoice date, the Client is, without notice of default, in default by operation of law. From the moment of default, the Client owes interest on the due amount of 2% per month, unless the statutory (commercial) interest is higher.

8.3 In case of liquidation, bankruptcy, attachment or suspension of payment of the Client, Marketingzeker's claims on the Client are immediately due and payable.

8.4 Marketingzeker has the right to have payments made by the Client serve first to reduce the costs, then to reduce the accrued interest and finally to reduce the principal sum and current interest.

Article 9. Collection Costs

9.1 If the Client is in default or default in fulfilling one or more of its obligations, all reasonable costs for obtaining satisfaction out of court are for the account of the Client. In any case, the Client owes collection costs.

9.2 If Marketingzeker has incurred higher costs, which were reasonably necessary, these are also eligible for compensation.

9.3 Any reasonable judicial and execution costs incurred are also for the account of the Client.

Article 10. Duration and Termination of Agreement

10.1 The agreement is entered into for the period included in the order confirmation, quotation or agreement.

10.2 A fixed-term agreement is automatically renewed for the same period after the end of the period mentioned in the contract, subject to termination by registered letter no later than three months before the end of the contract period.

10.3 Marketingzeker has the right to terminate the agreement(s) without notice of default or judicial intervention with immediate effect if the Client has been declared bankrupt, has applied for or obtained suspension of payment or has otherwise lost free control of its assets.

10.4 In case of early termination by the Client, Marketingzeker is entitled to compensation due to the resulting loss of occupation, whereby the average monthly invoice amount up to that point is used as a starting point. The preliminary results of the work performed up to that point will be made available to the Client subject to reservation.

Article 11. Liability

11.1 Marketingzeker is only liable for shortcomings in the performance of the assignment that are the result of carelessness and incompetence in issuing advice and executing assignments.

11.2 Marketingzeker's liability is limited to the invoice value of the assignment, or at least that part of the assignment to which the liability relates.

11.3 Notwithstanding what is stipulated in paragraph 2 of this article, in case of an assignment with a duration longer than six months, the liability is further limited to the invoice amount due over the last six months.

11.4 Marketingzeker is never liable for indirect damage, including consequential damage, lost profits, missed savings, damage due to business stagnation and damage resulting from imposed fines for not meeting (legal) deadlines.

11.5 Marketingzeker has the right at all times, if and insofar as possible, to undo or limit the Client's damage.

11.6 The Client indemnifies Marketingzeker against all claims from third parties, and the resulting costs for Marketingzeker, related to the work performed by Marketingzeker for the Client.

Article 12. AI Support and Automation

Important information about AI usage:

Marketingzeker uses AI tools to support service delivery.

12.1 Marketingzeker uses artificial intelligence (AI) and automation tools to support service delivery, including but not limited to content creation, SEO optimization, data analysis, and marketing processes.

12.2 While Marketingzeker handles AI-generated content carefully and controls and adjusts it where possible, Marketingzeker cannot guarantee that all AI-generated information, texts, advice, or analyses are completely accurate, current, or error-free.

12.3 Client acknowledges and accepts that the use of AI tools may involve inherent limitations and uncertainties. Marketingzeker is not liable for any damage arising from inaccuracies, incompleteness, or outdated information in AI-generated content.

12.4 Client is advised not to base important decisions solely on AI-generated information and to seek additional research or professional advice where necessary.

12.5 Marketingzeker strives to be transparent about the use of AI tools and will, upon Client's request, indicate which parts of the service delivery have used AI support.

Article 13. Force Majeure

12.1 Parties are not obliged to fulfill any obligation if they are prevented from doing so as a result of a circumstance that is not due to fault, and for which they are not accountable under the law, a legal act or generally accepted views.

12.2 Force majeure in these general terms and conditions means, in addition to what is understood about this in law and jurisprudence, all external causes, foreseen or unforeseen, over which Marketingzeker cannot exercise influence, but which prevent Marketingzeker from fulfilling its obligations.

12.3 Marketingzeker also has the right to invoke force majeure if the circumstance that prevents (further) performance occurs after Marketingzeker should have fulfilled its obligations.

12.4 During the period that force majeure continues, parties can suspend the obligations under the agreement. If this period lasts longer than two months, each party is entitled to terminate the agreement, without obligation to compensate damage to the other party.

Article 14. Confidentiality

13.1 Both parties are obliged to maintain confidentiality of all confidential information they have obtained from each other or from other sources in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this follows from the nature of the information.

13.2 If, on the basis of a legal provision or a court ruling, Marketingzeker is obliged to provide confidential information to third parties designated by law or the competent court, and Marketingzeker cannot invoke a legal or court-recognized or permitted right of exemption, then Marketingzeker is not obliged to pay damages or compensation and the other party is not entitled to terminate the agreement on the basis of any damage arising from this.

Article 15. Intellectual Property

14.1 All documents provided by Marketingzeker, such as reports, advice, agreements, designs, sketches, drawings, software, etc., are exclusively intended to be used by the Client and may not be reproduced, made public, or brought to the attention of third parties by him without prior permission from Marketingzeker.

14.2 Marketingzeker also reserves the right to use the knowledge gained through the performance of the work for other purposes, insofar as no confidential information is brought to the attention of third parties.

14.3 All intellectual property rights to all software, equipment or other materials such as analyses, designs, documentation, reports, quotations, as well as preparatory material thereof, developed or made available under the agreement, rest exclusively with Marketingzeker or its licensors.

14.4 The Client only acquires the usage rights and powers that are expressly granted under these terms and conditions or otherwise. For the rest, the Client will not reproduce the software or other materials or make copies thereof.

Article 16. References

15.1 After completion of an assignment, Marketingzeker has the right to use the name and logo of the Client on the website and in other marketing materials as a reference, unless otherwise agreed.

Article 17. Applicable Law and Disputes

16.1 Dutch law exclusively applies to all legal relationships in which Marketingzeker is a party, even if an obligation is performed wholly or partially abroad or if the party involved in the legal relationship has its domicile there.

16.2 The court in Marketingzeker's place of establishment has exclusive jurisdiction to hear disputes, unless the law mandatorily provides otherwise. Nevertheless, Marketingzeker has the right to submit the dispute to the court competent according to law.

16.3 Parties will only appeal to the court after they have made every effort to settle a dispute through mutual consultation.

Article 18. Amendment and Location of Terms

17.1 Marketingzeker is authorized to make changes to these terms and conditions. The changes take effect at the announced time of entry into force.

17.2 Marketingzeker will send the amended terms and conditions to the Client in time. If no time of entry into force has been communicated, changes take effect vis-à-vis the Client as soon as the change has been communicated to him.

17.3 These terms and conditions are published on Marketingzeker's website. The most recently published version or the version as it was in force at the time of the conclusion of the agreement always applies.

Contact

For questions about these terms and conditions, you can contact:

Marketingzeker

Kolhamhof 71, 5045 NS, Tilburg, The Netherlands

Phone: +31132340371

Email: info@marketingzeker.nl

Chamber of Commerce: 88655563

VAT: NL004637634B79

These terms and conditions were last updated on July 13, 2025.