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Art of Advertising

Version: 1 January 2026

Article 1 – Definitions

In these General Terms and Conditions, the following definitions apply:

Art of Advertising:
Art of Advertising, registered with the Dutch Chamber of Commerce under number 69754500, having its registered office in Groningen, the Netherlands.

Client:
Any natural person acting in the course of a profession or business, or any legal entity, entering into an Agreement with Art of Advertising.

Agreement:
Any quotation, proposal, order confirmation, subscription, statement of work, email confirmation or other written agreement under which Art of Advertising provides Services to the Client.

Services:
All services offered by Art of Advertising, including but not limited to:

Third-party Platforms

Any external software, advertising platform or technology provider used during the Services, including but not limited to:

Additional Services

Any work requested by the Client that falls outside the agreed scope of the Agreement.

Article 2 – Applicability

2.1

These General Terms and Conditions apply to every quotation, proposal, Agreement and Service provided by Art of Advertising.

2.2

The applicability of any purchasing conditions or other general terms of the Client is expressly excluded unless accepted in writing by Art of Advertising.

2.3

Any deviations from these General Terms and Conditions are only valid if confirmed in writing.

2.4

If one or more provisions of these General Terms and Conditions are declared invalid or unenforceable, the remaining provisions shall remain fully effective.

Article 3 – Quotations and Agreements

3.1

All quotations, proposals and offers issued by Art of Advertising are non-binding unless expressly stated otherwise.

3.2

An Agreement is concluded when:

3.3

Obvious clerical errors, pricing mistakes or typographical errors do not bind Art of Advertising.

3.4

Unless otherwise stated, quotations remain valid for thirty (30) days.

3.5

Art of Advertising may refuse assignments without stating reasons.

Article 4 – Performance of the Agreement

4.1 Best Efforts Obligation

Art of Advertising shall perform the Services to the best of its professional knowledge and ability and with reasonable care and skill.

All Services are performed on a best-efforts basis (“inspanningsverplichting”).

Art of Advertising expressly does not guarantee any specific commercial or marketing result.

4.2 No Guarantee

Art of Advertising makes no guarantees regarding, among others:

Marketing performance depends on numerous external factors beyond the reasonable control of Art of Advertising.

4.3 Third Parties

Art of Advertising may engage subcontractors, freelancers or specialised third parties whenever this contributes to proper execution of the Agreement.

Art of Advertising remains responsible for coordinating the Services.

4.4 Scope of Services

Art of Advertising shall perform the Services described in the quotation, proposal or Agreement.

Only the Services expressly included in the Agreement form part of the monthly fee.

Services not expressly included shall be regarded as Additional Services.

4.5 Reasonable Cooperation

Art of Advertising always aims to build long-term partnerships.

Minor requests, adjustments and reasonable assistance that naturally arise during the execution of the Agreement may be performed without additional charges where reasonably possible.

However, such assistance shall never create an obligation for Art of Advertising to perform unlimited additional work without compensation.

4.6 Additional Services

Where the Client requests work that materially exceeds the agreed scope, complexity, frequency or expected workload of the Agreement, such work shall constitute Additional Services.

Examples include, but are not limited to:

Additional Services shall only be performed after both parties have agreed upon:

4.7 Fair Use

The agreed monthly fee is based upon a reasonable workload consistent with the agreed Services.

Where the Client repeatedly requests work that substantially exceeds what may reasonably be expected under the Agreement, Art of Advertising reserves the right to:

Art of Advertising shall always discuss such situations with the Client beforehand.

4.8 Planning

Delivery dates and planning are indicative unless explicitly agreed otherwise in writing.

Art of Advertising shall make reasonable efforts to meet planned delivery dates but shall never be liable for delays caused by circumstances beyond its reasonable control.

4.9 Delays caused by the Client

Delays resulting from:

automatically extend agreed delivery dates.

Art of Advertising shall not be liable for any resulting delay.

4.10 Continuous Optimisation

Performance marketing requires continuous testing and optimisation.

Art of Advertising determines, based on professional judgement and available performance data, which campaigns, advertisements, landing pages, automations and strategies require optimisation.

The Client cannot derive any rights from a specific number of campaign changes, advertisements, meetings, reports or optimisation actions unless expressly agreed in writing.

Article 4.11 – Right to Refuse Disproportionate Requests

Art of Advertising aims to provide a high level of service and will always make reasonable efforts to accommodate the Client’s requests.

However, Art of Advertising reserves the right to refuse, postpone or separately quote any request that, in its reasonable opinion:

Art of Advertising shall discuss such requests with the Client in good faith before any Additional Services are commenced.

Article 5 – Client Obligations

5.1 Information and Cooperation

The Client shall provide Art of Advertising in a timely manner with all information, materials, approvals and access reasonably required for the proper performance of the Services.

This includes, but is not limited to, access to:

5.2 Accuracy of Information

The Client guarantees that all information, data and materials provided are complete, accurate and up to date.

Art of Advertising shall not be liable for any consequences resulting from incorrect or incomplete information supplied by the Client.

5.3 Intellectual Property of Client Materials

The Client warrants that all materials supplied to Art of Advertising, including but not limited to:

may legally be used.

The Client fully indemnifies Art of Advertising against any third-party claims relating thereto.

5.4 Timely Feedback

Unless otherwise agreed, the Client shall provide requested feedback or approvals within five (5) business days.

Failure to do so may delay the project.

Art of Advertising shall not be liable for any resulting delay.

5.5 Reasonable Cooperation

The Client shall cooperate in a reasonable and timely manner throughout the Agreement.

Repeated changes, additional instructions or delays that materially affect planning or workload may constitute Additional Services.

5.6 Legal Compliance

The Client remains solely responsible for complying with all applicable legislation, including but not limited to:

Art of Advertising does not provide legal advice unless explicitly agreed otherwise.

5.7 Decision Making

The Client shall appoint one primary contact person authorised to approve work, provide feedback and make decisions on behalf of the Client.

Instructions from other employees or representatives shall only be binding where accepted by Art of Advertising.

Article 6 – Term and Termination

6.1 Duration

Unless otherwise agreed in writing, ongoing Agreements are entered into for a minimum term of three (3) months.

Thereafter the Agreement automatically continues on a monthly basis.

6.2 Notice of Termination

Either party may terminate the Agreement by written notice.

Termination becomes effective at the end of the current calendar month.

6.3 Early Termination

If the Client terminates the Agreement before expiry of the agreed minimum term, the Client remains liable for payment of all remaining monthly fees relating to that minimum term.

6.4 Fixed Price Projects

Fixed-price projects cannot be cancelled without written consent of Art of Advertising.

Where cancellation is accepted, the Client shall pay:

6.5 Suspension

Art of Advertising may suspend all Services immediately if the Client:

Such suspension shall not release the Client from its payment obligations.

6.6 Survival

Termination of the Agreement shall not affect provisions concerning:

These provisions remain fully effective after termination.

Article 7 – Fees and Payment

7.1 Fees

Unless expressly stated otherwise, all fees are:

7.2 Payment Term

Invoices shall be paid within fourteen (14) days of the invoice date.

7.3 Default

Failure to pay within the agreed payment term automatically places the Client in default without further notice.

7.4 Interest

The Client shall owe interest of 1% per month, unless the statutory commercial interest rate is higher.

7.5 Collection Costs

All judicial and extrajudicial collection costs shall be borne by the Client in accordance with Dutch law.

7.6 Suspension of Services

Art of Advertising may immediately suspend all work where outstanding invoices remain unpaid.

Art of Advertising shall never be liable for:

resulting from such suspension.

7.7 Annual Price Adjustment

Art of Advertising reserves the right to adjust its rates once per calendar year.

The Client shall receive at least one month’s prior written notice.

7.8 Additional Services

Additional Services shall be invoiced separately at the agreed rates or, where no rate has been agreed, at Art of Advertising’s standard hourly rate.

7.9 No Set-off

The Client shall not be entitled to suspend payment or set off any amounts against invoices unless required by mandatory law.

Article 8 – Advertising Budgets, Third Parties and Platforms

8.1 Advertising Budget

Advertising budgets are never included in the monthly management fee unless explicitly agreed otherwise.

Advertising budgets are always spent:

8.2 Third-party Costs

The Client is responsible for all costs relating to third-party providers, including but not limited to:

8.3 Third-party Platforms

Art of Advertising shall not be liable for:

occurring on third-party platforms.

8.4 Ownership of Accounts

Unless expressly agreed otherwise, the Client remains the owner of:

Art of Advertising shall receive only the access required to perform the agreed Services.

8.5 Payment Methods

The Client remains responsible for maintaining valid payment methods for all advertising accounts and software subscriptions.

Art of Advertising shall not be liable for campaigns stopping due to failed payments.

8.6 Platform Policies

The Client acknowledges that advertising platforms may change their policies, algorithms, pricing or technical requirements at any time.

Such changes do not constitute a failure by Art of Advertising to perform the Agreement.

GENERAL TERMS & CONDITIONS

Part 3

Article 9 – Intellectual Property

9.1 Ownership

Unless expressly agreed otherwise in writing, all intellectual property rights relating to the Services provided by Art of Advertising remain vested exclusively in Art of Advertising.

This includes, but is not limited to:

9.2 Client Deliverables

Ownership of Client-specific final deliverables transfers to the Client only after all outstanding invoices have been paid in full.

Until full payment has been received, Art of Advertising retains ownership of all delivered work.

9.3 Reusable Knowledge

Art of Advertising remains free to reuse all general knowledge, experience, techniques, ideas, templates and methodologies developed during the execution of the Agreement, provided no confidential Client information is disclosed.

9.4 Portfolio Rights

Unless expressly agreed otherwise in writing, Art of Advertising may use completed work for:

Confidential business information shall never be disclosed without permission.

9.5 Third-party Software

Any licences or intellectual property rights belonging to third parties remain the property of their respective owners.

Art of Advertising cannot transfer rights it does not own.

Article 10 – Artificial Intelligence

10.1 Use of AI

Art of Advertising may use artificial intelligence technologies in the performance of its Services where this improves efficiency, quality or productivity.

Examples include:

10.2 Human Review

All deliverables are reviewed by Art of Advertising before being supplied to the Client.

The Client acknowledges that AI-generated output may contain inaccuracies and should not be considered legal, financial or professional advice.

10.3 Client Data

Art of Advertising shall exercise reasonable care when using AI tools.

Confidential Client information will not knowingly be processed through AI services where doing so would conflict with applicable confidentiality obligations or data processing agreements.

Article 11 – Liability

11.1 Limitation of Liability

Art of Advertising shall only be liable for direct damages resulting from proven gross negligence or wilful misconduct.

11.2 Exclusion of Indirect Damages

Art of Advertising shall never be liable for indirect damages, including but not limited to:

11.3 Incorrect Information

Art of Advertising shall not be liable for damages resulting from incorrect, incomplete or outdated information supplied by the Client.

11.4 Third-party Platforms

Art of Advertising shall never be liable for actions or decisions taken by third-party providers, including but not limited to:

This includes:

11.5 Maximum Liability

Any liability of Art of Advertising shall be limited to the amount paid by its professional liability insurer.

If, for whatever reason, no insurance payment is made, liability shall be limited to the fees invoiced by Art of Advertising under the relevant Agreement during the three (3) months preceding the event giving rise to liability.

11.6 Time Limitation

Any claim against Art of Advertising shall expire twelve (12) months after the Client became aware, or reasonably should have become aware, of the event giving rise to the claim.

Article 12 – Force Majeure

12.1 Definition

Art of Advertising shall not be liable for any failure to perform its obligations where such failure results from force majeure.

12.2 Force Majeure includes

Among others:

12.3 Suspension

During force majeure all obligations of Art of Advertising are suspended.

Where force majeure continues for more than sixty (60) consecutive days, either party may terminate the Agreement without liability.

Article 13 – Confidentiality

13.1 Confidential Information

Both parties shall keep confidential all confidential information obtained during the execution of the Agreement.

13.2 Exceptions

The confidentiality obligation does not apply where disclosure is required:

13.3 Survival

The confidentiality obligations survive termination of the Agreement for a period of five (5) years.

13.4 Employees and Contractors

Art of Advertising may share confidential information internally with employees or subcontractors where reasonably necessary for performing the agreed Services, provided they are subject to equivalent confidentiality obligations.


Article 14 – Privacy and Data Protection

14.1 Compliance

Where Art of Advertising processes personal data during the performance of the Services, both parties shall comply with all applicable privacy legislation, including the General Data Protection Regulation (GDPR).

14.2 Client Responsibility

The Client remains solely responsible for ensuring that:

Art of Advertising does not provide legal advice regarding privacy legislation unless expressly agreed in writing.

14.3 Data Processing Agreement

Where legally required, the parties shall enter into a separate Data Processing Agreement (DPA).

14.4 Security

Art of Advertising shall take reasonable technical and organisational measures to protect confidential Client information.

However, no internet-based system can be guaranteed to be completely secure.

Article 15 – Communication

15.1 Electronic Communication

The parties agree that communication via:

shall have the same legal effect as written correspondence, unless mandatory law provides otherwise.

15.2 Contact Person

Each party shall designate one primary contact person responsible for communication and approvals.

15.3 Response Times

Art of Advertising will make reasonable efforts to respond promptly to Client communications.

Unless otherwise agreed, no guaranteed response times apply.

Article 16 – Employees and Contractors

16.1 Non-Solicitation

During the Agreement and for twelve (12) months thereafter, the Client shall not directly or indirectly employ, engage or contract any employee, freelancer or subcontractor of Art of Advertising who has been involved in the performance of the Agreement, without the prior written consent of Art of Advertising.

16.2 Compensation

Where the Client breaches this provision, the Client shall owe Art of Advertising an immediately payable compensation equal to twelve (12) months of the relevant person’s average monthly remuneration, without prejudice to Art of Advertising’s right to claim actual damages where higher.

Article 17 – Miscellaneous

17.1 Entire Agreement

The Agreement together with these General Terms and Conditions constitutes the complete agreement between the parties and supersedes all prior discussions, proposals and understandings relating to the Services.

17.2 Amendments

Art of Advertising may amend these General Terms and Conditions from time to time.

Updated versions shall apply to new Agreements immediately and to ongoing Agreements after thirty (30) days’ written notice, unless mandatory law requires otherwise.

17.3 Waiver

Failure by Art of Advertising to enforce any right or provision shall not constitute a waiver of that right.

17.4 Severability

If any provision of these General Terms and Conditions is declared invalid or unenforceable, the remaining provisions shall remain fully effective.

The parties shall replace the invalid provision with a legally valid provision that most closely reflects the original intent.

17.5 Assignment

Art of Advertising may assign its rights and obligations under the Agreement to an affiliated company or successor without the Client’s prior consent.

The Client may not assign its rights or obligations without the prior written consent of Art of Advertising.

Article 18 – Applicable Law and Jurisdiction

18.1 Governing Law

All Agreements between Art of Advertising and the Client shall be governed exclusively by the laws of the Netherlands.

18.2 Jurisdiction

All disputes arising out of or relating to the Agreement shall be submitted exclusively to the competent court of the District Court of Northern Netherlands (Rechtbank Noord-Nederland), location Groningen.

18.3 Good Faith

Before commencing legal proceedings, the parties shall make reasonable efforts to resolve disputes amicably through consultation.

Company Details

Art of Advertising

Coehoornsingel 117

9711 BR Groningen

The Netherlands

Chamber of Commerce (KvK): 69754500

VAT Number: (add your VAT number here)

Email: info@artofadvertising.nl

Phone: +31 (0)50 211 3612