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Terms of Service

Effective Date: October 1, 2024

Article 1 – Definitions

  1. DGTLCOPY: The partnership that applies these general terms and conditions.
  2. Client: The natural or legal person who enters into an agreement with DGTLCOPY for the provision of services.
  3. Agreement: The agreement between DGTLCOPY and the Client for the provision of services, including these general terms and conditions.
  4. Services: All services offered by DGTLCOPY, including but not limited to Paid Advertising, Search Engine Optimization (SEO), Social Media Content Creation, Website Design & Development, Email Marketing, and Copywriting, AI Tools/Automation.
  5. Written: Written communication also includes electronic communication, such as email or digital signing services (e.g., SignRequest), unless explicitly stated otherwise.

Article 2 – Applicability

  1. These general terms and conditions apply to all offers, quotations, assignments, and agreements between DGTLCOPY and the Client, unless expressly agreed otherwise in writing.
  2. Deviations from these general terms and conditions are only valid if they are documented in writing or digitally and explicitly confirmed by DGTLCOPY.
  3. The applicability of any general or other terms and conditions of the Client is expressly excluded, unless otherwise agreed in writing.
  4. If any provision of these terms is null or voided, the remaining provisions shall remain fully effective. The parties will consult to agree on a replacement provision that aligns as closely as possible with the original intent.

Article 3 – Quotations and Formation of Agreement

  1. All quotations from DGTLCOPY are non-binding and have a validity period of 14 days, unless otherwise stated. After this period, the quotation automatically expires.
  2. An agreement is established once the Client confirms the quotation in writing or digitally, for instance, via SignRequest, or when DGTLCOPY commences the work with the Client’s consent.
  3. Quotations are based on the information provided by the Client. If this information proves to be incomplete or incorrect, DGTLCOPY reserves the right to adjust the quotation and/or rates, even after the agreement has been formed.
  4. DGTLCOPY reserves the right to refuse assignments without providing reasons.

Article 4 – Execution of the Agreement

  1. DGTLCOPY shall perform the services to the best of its ability, in accordance with the standards of good workmanship and applicable laws and regulations. The applicability of Articles 7:404, 7:407 Paragraph 2, and 7:409 of the Dutch Civil Code is excluded.
  2. DGTLCOPY has the right to engage third parties to execute the assignment if, in its opinion, it is necessary for proper and timely execution. DGTLCOPY remains responsible for the quality of the execution.
  3. The Client is obligated to provide all necessary information, materials, and cooperation in a timely manner for the proper execution of the agreement. DGTLCOPY is not liable for damage or costs arising from incomplete, incorrect, or delayed information.
  4. If the execution of the agreement is delayed due to the Client’s actions (e.g., failure to timely provide necessary information), DGTLCOPY has the right to suspend execution or charge additional costs.
  5. DGTLCOPY cannot guarantee that the results of the services provided will always meet the Client’s expectations, unless explicitly agreed in writing.

Article 5 – Delivery and Deadlines

  1. Delivery deadlines for services are always indicative, unless expressly agreed otherwise in writing. DGTLCOPY will make every effort to meet agreed deadlines but cannot be held liable for delays due to force majeure or circumstances beyond its control.
  2. Exceeding a deadline does not entitle the Client to compensation or termination of the agreement unless DGTLCOPY is in serious default and there is intent or gross negligence.
  3. Complaints regarding delivered services must be submitted in writing or digitally within 14 days of delivery. Failure to do so will imply acceptance of the services. A submitted complaint does not suspend the Client’s payment obligation.

Article 6 – Intellectual Property

  1. All intellectual property rights to the services provided by DGTLCOPY, including texts, designs, campaign strategies, and other creative output, remain with DGTLCOPY unless otherwise agreed in writing.
  2. The Client is granted a non-exclusive and non-transferable right to use the services provided by DGTLCOPY for the agreed purposes only. Use for other purposes is not permitted without prior written permission.
  3. In the event of an infringement of DGTLCOPY’s intellectual property rights, the Client shall be liable for all direct and indirect damages, including legal costs and lost revenue.
  4. DGTLCOPY retains the right to use general knowledge, ideas, and techniques developed or applied during the execution of the assignment for other assignments and clients.

Article 7 – Fees and Payment

  1. The Client shall owe the fee agreed upon in the quotation. Payment must be made within 14 days of the invoice date, unless otherwise agreed in writing.
  2. If the Client exceeds the payment term, the Client is in default by operation of law. DGTLCOPY is entitled to charge statutory interest and extrajudicial collection costs, calculated in accordance with applicable legal provisions.
  3. If the Client cancels the assignment, DGTLCOPY is entitled to charge for work already performed and costs incurred, including reasonable compensation for lost future revenue.
  4. All costs, including judicial and extrajudicial costs, incurred by DGTLCOPY to collect the claim shall be borne by the Client.

Article 8 – Liability

  1. DGTLCOPY is only liable for direct damage caused by intent or gross negligence. Liability is limited to (50% of) the amount charged for the assignment, with a maximum of the amount covered by liability insurance. For agreements lasting more than six months, liability is limited to 50% of the fee due for work performed in the six months preceding the damage.
  2. DGTLCOPY is not liable for failures of third parties engaged by DGTLCOPY and is authorized to accept third-party liability limitations on behalf of the Client.
  3. DGTLCOPY is in no event liable for indirect damage such as lost profit, missed savings, data loss, reputational damage, or business interruption.
  4. The Client indemnifies DGTLCOPY against all claims from third parties arising from or related to the execution of the agreement, except where these claims result from DGTLCOPY’s intent or gross negligence. DGTLCOPY will endeavor to minimize damage and inform the Client of any risks or issues.
  5. Any liability of DGTLCOPY expires if the Client does not notify DGTLCOPY within 12 months of discovering the incident that caused the liability.

Article 9 – Force Majeure

  1. DGTLCOPY is not obliged to fulfill its obligations if hindered by force majeure, which includes natural disasters, pandemics, war, government measures, disruptions in energy or telecommunications networks, and supplier or third-party failures.
  2. If a force majeure situation lasts longer than 30 days, both parties are entitled to terminate the agreement in writing without any obligation to pay compensation.

Article 10 – Confidentiality

  1. Both parties are obligated to maintain confidentiality of all confidential information obtained within the framework of the agreement. This obligation continues after the termination of the agreement, unless legally required otherwise.
  2. DGTLCOPY will take all reasonable measures to protect the Client’s confidential information and use it solely for executing the agreement.

Article 11 – Data Protection

  1. DGTLCOPY processes personal data in accordance with applicable privacy laws, such as the GDPR. See DGTLCOPY’s Privacy Policy for more information.
  2. The Client consents to DGTLCOPY processing personal data to the extent necessary for executing the agreement.

Article 12 – Termination of the Agreement

  1. Both parties may terminate the agreement in writing if the other party seriously fails to meet its obligations and does not remedy the failure within a reasonable period after receiving a written notice of default.
  2. In the event of early termination by the Client, DGTLCOPY is entitled to full compensation for work performed and costs incurred.

Article 13 – Disputes and Applicable Law

  1. All agreements between DGTLCOPY and the Client are governed by Dutch law.
  2. Disputes arising from or related to this agreement shall be submitted exclusively to the competent court in the district where DGTLCOPY is established, unless mandatory law dictates otherwise.

If these General Terms and Conditions have been drawn up in multiple languages, the Dutch version of these General Terms and Conditions will always take precedence in their interpretation.

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