Terms and conditions

This is an English translation of our Dutch general terms and conditions (algemene voorwaarden). In the event of any discrepancy or dispute about interpretation, the Dutch version prevails.

These terms and conditions are intended for business clients. They apply to all quotes, assignments and work carried out by Banana Online Marketing.

Article 1 – Definitions

• Banana Online Marketing: the sole proprietorship Banana Online Marketing, located at Schokkerweg 3, The Hague, registered with the Dutch Chamber of Commerce (KvK) under number 60401362.
• Client: the business or organisation that gives Banana Online Marketing an assignment.
• Assignment: the agreement under which Banana Online Marketing carries out work for the client, such as campaign management, SEO, website development, analytics or social advertising.
• Advertising budget: the amount paid to advertising platforms such as Google or Meta for showing ads.

Article 2 – Applicability

1. These terms apply to every quote, assignment and agreement between Banana Online Marketing and the client.
2. The client's general terms and conditions do not apply, unless we have agreed to them in writing.
3. Deviations from these terms only apply if they have been agreed in writing.
4. If a provision is void or annulled, the remaining provisions continue to apply.

Article 3 – Quotes and formation of the agreement

1. Our quotes are without obligation and valid for 30 days, unless the quote states otherwise.
2. An assignment is formed as soon as the client accepts the quote in writing or by email, or as soon as we start the work.
3. Prices are in euros and exclude VAT, unless stated otherwise.

Article 4 – Performance of the assignment

1. We carry out every assignment carefully and to the best of our ability. This is an obligation of effort: we do not guarantee specific results, such as rankings in Google, numbers of visitors, leads or revenue.
2. We may engage freelancers or other third parties to carry out the work. They work under our responsibility and under confidentiality.
3. Stated deadlines are target deadlines, unless a strict deadline has been expressly agreed.

Article 5 – Client's cooperation

1. The client provides, in good time, all information, access and materials we need, such as logins, copy, images and access to accounts.
2. The client guarantees that materials supplied do not infringe any third-party rights.
3. If delays or incomplete information from the client lead to extra work, we may charge this at our applicable rate.

Article 6 – Advertising budget and accounts

1. The advertising budget is not part of our fee. It is paid directly by the client to the advertising platform, unless otherwise agreed in writing.
2. Advertising and analytics accounts are in the client's name and remain the client's property. When the assignment ends, the client retains full access to these accounts.
3. We are not responsible for decisions, outages or changes by platforms such as Google and Meta, such as disapproving ads or suspending accounts.

Article 7 – Rates and payment

1. We invoice in line with the arrangements in the quote: a fixed price, an hourly rate or a monthly fee.
2. Monthly fees are invoiced in advance. Hourly work is invoiced monthly in arrears.
3. The payment term is 14 days from the invoice date.
4. If the client does not pay on time, after a written reminder the client owes the statutory commercial interest. We may then also suspend the work, such as pausing campaign management.
5. We may adjust our rates once a year. We will notify you at least 30 days in advance.

Article 8 – Term and termination

1. One-off assignments, such as building a website, end when the work has been delivered.
2. Ongoing assignments, such as campaign management or SEO, run for an indefinite period, unless a fixed term has been agreed. Either party can terminate them in writing with a notice period of [PLACEHOLDER: e.g. one calendar month].
3. Either party may terminate the agreement with immediate effect if the other party is declared bankrupt or applies for a suspension of payments.

Article 9 – Delivery of websites

1. After delivery, the client has 14 days to check the work and report errors. After that, the work is deemed accepted.
2. Errors reported within that period that are attributable to us will be corrected free of charge.
3. Changes or extensions outside the quote are additional work.

Article 10 – Intellectual property

1. After full payment, the client becomes the owner of the work created specifically for them, such as website design, copy and ads.
2. Rights to our own methods, software, templates and AI systems remain with Banana Online Marketing.
3. We may use the work and the client's name as a reference or case study, unless the client objects.

Article 11 – Confidentiality and privacy

1. Both parties keep the other party's confidential information secret, also after the assignment has ended.
2. If we process personal data on behalf of the client as part of the assignment, we conclude a data processing agreement.
3. How we handle personal data ourselves is described in our privacy policy.

Article 12 – Liability

1. Our liability is limited to direct damage and to a maximum of the amount the client paid us in fees in the three months before the event causing the damage, excluding VAT and advertising budget.
2. We are not liable for indirect damage, such as lost profit, missed revenue or loss of data.
3. These limitations do not apply in the event of intent or deliberate recklessness on the part of Banana Online Marketing.
4. A claim must be reported to us in writing within 12 months after the client discovered the damage.

Article 13 – Force majeure

In the event of force majeure, we may suspend our obligations. Force majeure also includes an outage at a platform, hosting party or internet provider over which we have no influence. If the force majeure lasts longer than 60 days, either party may dissolve the agreement in writing.

Article 14 – Applicable law and disputes

1. All agreements are governed by Dutch law.
2. We first try to resolve disputes together. If that fails, the District Court of The Hague has jurisdiction.