Terms and conditions

Hubion Marketing 2024

1: Definitions/content determination

The following definitions apply in these General Terms and Conditions:

  • Supplier: Hubion Marketing, location in Denekamp, KvK nr. 75227940; the Client: any natural or legal person with whom the Supplier concludes an Agreement, negotiates the realization thereof, or against/with whom the Supplier performs any (legal) act;
  • Agreement: any agreement between the Supplier and the Client, as well as all (legal) acts in preparation and in implementation thereof written and / or via e-mail message;
  • Products: all goods and services directly related to the delivery of those goods that are the subject of an Agreement;
  • Sub-supplier: the manufacturer of the Products and / or the person from whom the Supplier has obtained them.

 

2: Application

The General Terms and Conditions are part of all Agreements and apply to all related (legal) acts of the parties. The Supplier expressly rejects the applicability of the Client's general terms and conditions. If a service agreement is concluded between the parties with regard to the Products, the service agreement will also depend/apply on the type of Products specific general service conditions of the Supplier. In the event of a conflict, the terms of service agreement will prevail.


3: Formation and changes of Agreements and statements and indications of Products

An Agreement is concluded if and insofar as the Supplier accepts an order in writing and / or via e-mail message or implements it. Changes / additions to an Agreement and / or the Conditions only apply if the Supplier records them in writing and / or via e-mail message and only relates to the Agreement in question.

 

4: Method of implementation

  • Hubion Marketing will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. Hubion Marketing will endeavor to perform the work properly and carefully, as well as to promote the interests of the Client to the best of its knowledge and to strive for a result that can be used by the Client. However, Hubion Marketing cannot guarantee that the work will always achieve the result desired by the Client.
  • An assignment to Hubion Marketing implies the authority to engage third parties where necessary and to accept any limitations of liability of third parties also on behalf of the Client. Hubion Marketing is not liable for shortcomings of the third party (s) involved, except for intent or gross negligence on the part of Hubion Marketing itself.
  • The execution of the assignment is exclusively for the benefit of the Client. Third parties cannot derive any rights from the content of the work performed. The Client indemnifies Hubion Marketing against claims from third parties that claim to have suffered damage due to or in connection with the work performed by Hubion Marketing for the Client.
  • Hubion Marketing has the right to adjust the price for the services it provides in the event of changes to the agreed project proposal or quotation, including with regard to the design, functionality, implementation, method, scope, analysis, and / or reporting that take place in consultation with or at the request of the Client.
  • If within the duration of the agreement a period has been agreed for the completion of certain activities, then this is only an indicative period and never a deadline, unless otherwise agreed. In the latter case too, Hubion Marketing is not liable for the consequences of exceeding the deadline.
  • Hubion Marketing reports to the Client in accordance with the project proposal, quotation or agreement.
  • The amounts and / or numbers stated in the reports of Hubion Marketing with regard to media use are purely indicative in nature and no rights can be derived from these amounts and / or numbers. If these reported amounts and / or numbers with regard to media use deviate from the amount and / or the numbers that are charged on an invoice by Hubion Marketing to the Client, the amounts and / or numbers stated in the invoice will count as the actual amounts and / or numbers.
  • The Client indemnifies Hubion Marketing against any claims from third parties that suffer damage in connection with the implementation of the agreement and which is attributable to the Client.

 

5: Intellectual property

All intellectual property rights, including copyright, arising from the services provided by Hubion Marketing, belong wholly and exclusively to Hubion Marketing. Client acknowledges these rights and will refrain from any infringement thereof. All documents, reports, delivered and optimized pages and advice produced by Hubion Marketing in the context of any service remain the property of Hubion Marketing. After termination of the contract, Hubion Marketing has the right to request the Client to remove it or to send it back to it. It is strictly forbidden to pass on confidential information to third parties. Passwords and account data must be respected by the Client and Hubion Marketing until the end of the contract. A third party has no right to use, change or delete data from the campaigns, ad groups, advertisements and keywords created by Hubion Marketing during the term of the contract.

 

6: Applicable law and Forum choice

  • All agreements between parties and obligations arising therefrom or related thereto are exclusively governed by Dutch law.
  • All disputes arising from or related to the agreements and obligations referred to in the previous point and which do not fall within the competence of the subdistrict court, will in the first instance be submitted to the competent court of the Supplier's place of residence.

 

7: Contract duration, cancellation and / or termination

  • The agreement is entered into for the period included in the agreement.
  • A fixed-term agreement cannot be canceled prematurely.
  • A fixed-term contract is automatically renewed for the same period after the expiry of the period stated in the contract, subject to cancellation in writing and / or via e-mail at the end of the (extended) contract term and subject to a notice period of three (3) months.
  • If the Client does not, not properly or in time, fulfill any obligation arising for it from the agreement or from these general terms and conditions, as well as in the event of bankruptcy, suspension of payment, seizure or liquidation of the Client, Hubion Marketing can without obligation to pay compensation, without prejudice to its further rights, dissolve the agreement in whole or in part, or suspend further performance. In that case all fixed costs of the remaining duration of the agreement are payable in full and directly.

 

8: Terms of payment

  • All prices and cost estimates are in Euro (€) and exclusive of VAT, unless stated otherwise.
  • If no fixed fee is agreed, the fee will be determined on the basis of the hours actually spent. The fee is calculated according to the usual hourly rate of Hubion Marketing, applicable in the period in which the work is performed, as communicated to the Client, unless a different hourly rate has been agreed upon. If no hourly rate has been agreed, the general hourly rate of Hubion Marketing will be applied, which amounts to € 65 excluding VAT.
  • Payment must be made within fourteen (14) days after the invoice date, in a manner to be indicated by Hubion Marketing in the currency in which the invoice was made. This is a strict deadline.
  • The Client must submit a complaint about invoices in writing and / or via e-mail and within a period of five (5) working days after the invoice date. After expiry of this period, the Client is deemed to have accepted the invoice.

 

9: Force majeure

  • Hubion Marketing is not liable for damage as a result of delayed, defective or impossible fulfillment of its obligations in the event of force majeure. Force majeure is understood to mean, in addition to what is understood by law and jurisprudence, all external causes, foreseen or unforeseen, over which Hubion Marketing cannot influence, but which makes Hubion Marketing unable to meet its obligations. Force majeure includes: strike, excessive absenteeism, fire, business and technical failures within the external parties engaged by Hubion Marketing, war and danger of war, riot, full or partial mobilization, or measures taken by the Dutch and / or an foreign government.
  • In the event that Hubion Marketing cannot reasonably be expected to comply with the agreement as a result of force majeure, Hubion Marketing has the right to dissolve the agreement in whole or in part, or to cancel the order without being obliged to pay any compensation to the Client. In this case Hubion Marketing is obliged to immediately inform the Client of this.
  • If on the commencement of the force majeure Hubion Marketing can partially fulfill its obligations, it is entitled to invoice the executed or executable part separately and the Client is obliged to pay this invoice as if it concerned a separate agreement.
  • Hubion Marketing is in no way responsible for downtime, being offline of websites and the failure of pages of websites built by Hubion or external parties. Hubion Marketing can therefore not be held liable for any damage incurred as a result of not being online or due to any lost income.
  • Hubion Marketing relies on servers from external parties and hosting parties when building websites and web shops. Hubion Marketing can support customers with setting up and giving advice regarding hosting and servers, but is in no way responsible for the work, operation or status of the servers, external parties or other external parties involved in a project or website.

 

10: Change of conditions and / or rates

  • Hubion Marketing is entitled to increase the rates every calendar year by up to 5% without prior notice.
  • All other changes in rates than those referred to in the previous point take effect one (1) month after the announcement thereof. If the Client does not wish to accept the change, he is entitled to cancel the assignment in writing and / or via e-mail in advance as of the date on which the rate change will take effect and with due observance of the regular cancellation period.
  • Hubion Marketing has the right to unilaterally change these Terms and Conditions. Hubion Marketing must notify the Client of this change. If the Client indicates to Hubion Marketing in writing and / or via e-mail within 30 days after notification that he / she does not agree with the change, the most recent Terms and Conditions will continue to apply.
  • If a provision of the agreement or the General Terms and Conditions turns out to be invalid, this does not affect the validity of the entire agreement or the General Terms and Conditions. In that case Hubion Marketing has the right to substitute a provision that is not unreasonably onerous for the Client and that approximates the invalid as closely as possible.

 

11: Disclaimer
The information on this website is compiled with care. Nevertheless, it is possible that this information is incomplete and / or contains inaccuracies. Hubion Marketing excludes all liability for any direct or indirect damage, of whatever nature, arising from the use of this website and / or the information obtained through this website.