Terms of Service

1. Introduction and Acceptance

Welcome to Waarheid Marketing & Digitalization. These Terms of Service ("Terms") govern your use of our website, services, and any related offerings provided by Waarheid Marketing & Digitalization ("Company," "we," "our," or "us").

By accessing our website or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you and Waarheid Marketing & Digitalization.

2. Definitions

• "Client" refers to any individual or entity that engages our services.
• "Services" refers to marketing, branding, web development, app development, automation, business intelligence, and any other services we provide.
• "Deliverables" refers to any work product, materials, or content created as part of our services.
• "Website" refers to waarheidmarketing.com and all associated pages.
• "Content" refers to text, images, videos, code, and other materials on our website or created through our services.

3. Our Services

3.1 Service Description

Waarheid Marketing & Digitalization offers professional services including but not limited to:

• Marketing strategy and branding
• Social media management
• Website design and development
• Mobile application development
• Business process automation
• Business intelligence and analytics
• Content creation and copywriting
• SEO and digital advertising

3.2 Service Agreements

Specific services will be governed by individual service agreements, proposals, or contracts that outline scope, deliverables, timelines, and pricing. In case of conflict between these Terms and a specific service agreement, the service agreement shall prevail.

4. Client Responsibilities

As a client, you agree to:

• Provide accurate and complete information necessary for service delivery
• Respond to requests for feedback, approvals, or materials in a timely manner
• Grant necessary access to accounts, platforms, or systems as required
• Ensure you have the right to use any materials or content you provide
• Make payments according to agreed-upon terms
• Comply with all applicable laws and regulations
• Not use our services for any unlawful or prohibited purpose

5. Payment Terms

5.1 Fees and Payment

• All fees are specified in the applicable service agreement or proposal
• Unless otherwise stated, payments are due within 14 days of invoice date
• Prices are in Euros (EUR) unless otherwise specified
• All fees are exclusive of applicable taxes (VAT)

5.2 Late Payments

Late payments may incur:

• Interest charges at the statutory rate
• Suspension of services until payment is received
• Collection costs if legal action is required

5.3 Refunds

Refund policies are determined on a case-by-case basis and specified in individual service agreements. Generally, work completed prior to cancellation is non-refundable.

6. Intellectual Property Rights

6.1 Client Materials

You retain ownership of all materials, content, and intellectual property you provide to us. You grant us a non-exclusive license to use these materials solely for the purpose of delivering the agreed services.

6.2 Deliverables

Upon full payment, you will receive ownership or license rights to the deliverables as specified in your service agreement. Unless otherwise agreed:

• Custom work created specifically for you transfers to your ownership upon payment
• Pre-existing materials, templates, or tools remain our property
• Third-party assets (fonts, images, plugins) are subject to their respective licenses

6.3 Portfolio Rights

We reserve the right to showcase completed work in our portfolio, case studies, and marketing materials unless you request confidentiality in writing.

7. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the business relationship. This includes:

• Business strategies and plans
• Financial information
• Customer and client data
• Technical specifications and code
• Any information marked as confidential

This obligation survives termination of the business relationship for a period of 3 years.

8. Warranties and Disclaimers

8.1 Our Warranties

We warrant that:

• Services will be performed professionally and in accordance with industry standards
• Deliverables will substantially conform to agreed specifications
• We have the right to provide the services and grant any licenses included

8.2 Disclaimers

To the maximum extent permitted by law:

• We do not guarantee specific results from marketing or advertising campaigns
• Website traffic, search rankings, and conversion rates are influenced by many factors beyond our control
• The website is provided "as is" without warranties of merchantability or fitness for a particular purpose
• We are not responsible for third-party service interruptions or failures

9. Limitation of Liability

To the maximum extent permitted by applicable law:

• Our total liability shall not exceed the fees paid by you for the specific service giving rise to the claim
• We shall not be liable for indirect, incidental, special, consequential, or punitive damages
• We shall not be liable for lost profits, lost data, or business interruption
• We shall not be liable for third-party claims arising from your use of deliverables

10. Indemnification

You agree to indemnify, defend, and hold harmless Waarheid Marketing & Digitalization, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your violation of these Terms
• Your use of our services
• Materials you provide that infringe third-party rights
• Your violation of any applicable laws or regulations

11. Termination

11.1 Termination by Client

You may terminate services with 30 days written notice. You remain responsible for payment of:

• All work completed prior to termination
• Any committed third-party costs
• Fees as outlined in your service agreement

11.2 Termination by Company

We may terminate or suspend services immediately if:

• You breach these Terms or any service agreement
• Payment is overdue by more than 30 days
• You engage in illegal, fraudulent, or unethical activities
• Continuing services would violate applicable laws

11.3 Effect of Termination

Upon termination, we will provide you with any completed deliverables and your data within 30 days, subject to payment of outstanding fees.

12. Website Use

When using our website, you agree not to:

• Use the website for any unlawful purpose
• Attempt to gain unauthorized access to any systems
• Interfere with or disrupt the website's functionality
• Scrape, copy, or reproduce content without permission
• Upload viruses, malware, or other harmful code
• Impersonate others or provide false information
• Violate any applicable laws or regulations

13. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to: natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemics, strikes, or failures of third-party services.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating formal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiations for a period of at least 30 days.

14.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles.

14.3 Jurisdiction

Any disputes that cannot be resolved informally shall be subject to the exclusive jurisdiction of the courts of Arnhem, Netherlands.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of our services after modifications constitutes acceptance of the updated Terms. For existing clients with active service agreements, material changes will be communicated directly.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with any applicable service agreements and our Privacy Policy, constitute the entire agreement between you and Waarheid Marketing & Digitalization regarding the subject matter herein and supersede all prior agreements, representations, and understandings.

18. Contact Information

For questions about these Terms of Service, please contact us: