General terms and conditions

Article 1 - Definitions and applicability

1.1 In these general terms and conditions the following definitions apply:

• SocialMediaGroei.nl: the service provider, established in the Netherlands, Chamber of Commerce number 94577056, reachable at info@socialmediagroei.nl, hereinafter also "we", "us" or "our".
• Client: the natural person or legal entity that enters into an agreement with SocialMediaGroei.nl for a subscription, package or separate service.
• Agreement: every arrangement between SocialMediaGroei.nl and the client concerning the management of social media accounts, the production of content, the management of advertising and related services.
• Subscription: one of the packages Zichtbaar, Groei, Impact or Agency+, as described on our website, or a tailored variant.
• Platform(s): social media channels such as Instagram, Facebook, LinkedIn, TikTok and Google Business Profile, and the advertising systems belonging to them (Meta Ads, LinkedIn Ads, TikTok Ads, Google Ads).

1.2 These general terms and conditions apply to every quote, agreement and all work between SocialMediaGroei.nl and the client, unless the parties have expressly agreed otherwise in writing. Any purchasing or other conditions of the client are expressly rejected.

1.3 By accepting a quote, completing the sign-up form or activating a subscription, the client declares to have read and to accept these terms.

Article 2 - Subscriptions, packages and rates

2.1 SocialMediaGroei.nl offers the following monthly subscriptions, in each case excluding VAT and with a one-off onboarding of € 199:

• Zichtbaar: € 349 per month.
• Groei: € 599 per month.
• Impact: € 899 per month.
• Agency+: tailored, from € 1,250 per month, with price and conditions quoted after a strategy call.

2.2 All subscriptions have a minimum initial term of 3 months. After that minimum term the subscription can be cancelled monthly, observing a notice period of 1 month.

2.3 With annual payment the subscription runs for a term of 12 months, in which the client is charged for 11 months instead of 12 (one month free). Cancelling during a running annual payment does not release the client from paying the remaining instalments of that year, except in the cases mentioned in Article 12.

2.4 By arrangement, the client may pause the service for at most one month per year, against an account retainer of € 79 per month excluding VAT. During that pause no content is produced or published.

2.5 Advertising management is a separate service alongside the subscription and is charged separately in accordance with the price list applying at that time. The advertising budget the client spends on platforms such as Meta, Google, TikTok or LinkedIn is always paid by the client directly to the advertising platform concerned; that budget is not part of the agreement with SocialMediaGroei.nl.

2.6 Other additional services (add-ons) such as an extra platform, extra posts or Reels, community management, a content day, a landing page, management of the Google Business Profile, an SEO blog package or an influencer campaign are agreed with the client in advance and charged separately in accordance with the price list applying at that time, and are only carried out after the client's approval.

2.7 All prices stated exclude VAT and exclude any add-ons, unless expressly stated otherwise.

2.8 SocialMediaGroei.nl may index the prices of subscriptions and add-ons annually, or inform the client in writing about price changes at least 30 days before they take effect. In the case of a price increase that does not arise from indexation, the client has the right to cancel the agreement as of the date the increase takes effect.

Article 3 - Formation of the agreement

3.1 An agreement is formed at the moment the client signs up through the sign-up form, signs a quote or otherwise gives written approval (including by email), and SocialMediaGroei.nl confirms that sign-up.

3.2 For the packages Groei, Impact and Agency+ an intake or strategy call usually takes place before the start, in which the way of working, the planning and expectations are agreed.

Article 4 - Payment

4.1 Payment of subscription fees, onboarding costs and add-ons runs through our payment processor Stripe, with the payment methods credit card and iDEAL, unless agreed otherwise in writing.

4.2 For ongoing subscriptions the client authorises SocialMediaGroei.nl to collect the monthly subscription amount automatically through the payment method registered with Stripe. The client ensures sufficient balance or available credit.

4.3 Onboarding costs are charged once at the start of the agreement and are immediately due.

4.4 Invoices must be paid within the period stated on the invoice, failing which Article 10 (suspension in the event of non-payment) applies.

4.5 The advertising budget the client wishes to spend on platforms such as Meta, LinkedIn, TikTok or Google is paid by the client directly to the advertising platform concerned, through the client's own ad account. That budget is not part of the agreement with SocialMediaGroei.nl and is not invoiced, collected or advanced by SocialMediaGroei.nl. SocialMediaGroei.nl advises on and manages the campaigns, but is not a party to the payment of the advertising budget itself.

Article 5 - Accounts, access and the client's responsibilities

5.1 The client remains at all times the owner of its own social media accounts, ad accounts, domain names and other digital property. SocialMediaGroei.nl obtains only the access rights (for example as administrator or editor) needed to carry out the agreed services.

5.2 The client grants those access rights in good time and ensures that login details, two-factor authentication codes and any confirmations are provided or handled in good time. Delay in this may lead to delay in the service, without SocialMediaGroei.nl being liable for it.

5.3 The client is responsible for the accuracy, completeness and lawfulness of the information, texts, logos, visual material and other content it supplies, including whether it holds the necessary image rights, portrait rights and licences. SocialMediaGroei.nl is not liable for infringements of third-party rights arising from material supplied by the client.

Article 6 - The content approval process

6.1 SocialMediaGroei.nl prepares content (texts, visuals and video) in accordance with the agreed content calendar and style and submits it for approval to the client before publication, through the client portal or by email.

6.2 The client reviews and approves content in good time. If the client does not respond within the agreed or a reasonable period, this may delay the publishing schedule; SocialMediaGroei.nl is not obliged to publish content without approval, unless agreed otherwise.

6.3 After approval by the client, the client is responsible for the published content, including where it was prepared by SocialMediaGroei.nl.

Article 7 - Intellectual property

7.1 After full payment of the invoices concerned, the rights of use of the content produced specifically for the client (texts, visual material, videos and comparable material) pass to the client, who may use that content for its own marketing purposes.

7.2 All rights to the methods, methodologies, templates, tools, software, content calendar systems and other aids used by SocialMediaGroei.nl remain with SocialMediaGroei.nl at all times, including when they are used in performing the agreement.

7.3 The client may not copy, reproduce or make available to third parties the aids and methods referred to in 7.2 without prior written permission.

Article 8 - Best efforts, results and dependence on platforms

8.1 SocialMediaGroei.nl commits to the effort that may be expected of a reasonably acting and competent service provider in the social media industry. All services are performed on a best-efforts basis; no result is guaranteed with regard to reach, followers, engagement, leads, revenue or conversions.

8.2 The results of social media marketing also depend on factors outside the sphere of influence of SocialMediaGroei.nl, including market conditions, competition, the behaviour of the audience and the policies of the platforms.

8.3 For delivering its services, SocialMediaGroei.nl depends on platforms such as Meta, LinkedIn, TikTok and Google. Changes in algorithms, functionality, advertising policy, rates or terms of use of those platforms, as well as temporary or permanent blocks, outages, account suspensions or faults caused by those platforms, may affect the service. SocialMediaGroei.nl is not liable for this, but will make every effort to limit the consequences as far as possible and to inform the client about them.

Article 9 - Service, support and response times

9.1 During the term of the agreement the client has a fixed point of contact at SocialMediaGroei.nl. Questions, change requests and reports can be submitted by email and through the client portal.

9.2 Per subscription, SocialMediaGroei.nl applies the following response time to messages received on working days:

• Zichtbaar: within 2 working days;
• Groei: within 1 working day;
• Impact: within approximately 4 working hours;
• Agency+: agreed between the parties.

9.3 The periods mentioned in Article 9.2 are response times: they indicate within which period SocialMediaGroei.nl responds substantively to a message, not within which period the requested work has been completed. Messages received outside working days are deemed received on the next working day. For Agency+ the parties record the response time in writing at the start of the collaboration.

9.4 The number of revision rounds per content item is set per subscription and stated on our website. Work outside the agreed scope is agreed with the client in advance by SocialMediaGroei.nl, including the consequences for planning and costs.

9.5 Upgrading to a higher subscription can take effect immediately. Downgrading takes effect from the next invoicing period after the minimum term mentioned in Article 2.2 has ended. The response time of the new subscription applies from the moment the change takes effect.

9.6 During a pause as referred to in Article 2.4, no content is produced or published and the response times in this article do not apply.

Article 10 - Suspension in the event of non-payment

10.1 If the client does not pay an invoice in good time, SocialMediaGroei.nl is entitled, after a written reminder giving a reasonable period for payment, to suspend the performance of the service (including the publication of content and the management of advertising) until full payment has been received.

10.2 Costs arising from suspending and restarting the service, as well as any collection costs and statutory interest, are for the client's account.

Article 11 - Liability

11.1 The liability of SocialMediaGroei.nl for damage arising from or connected with the performance of the agreement is limited to the total amount the client has paid to SocialMediaGroei.nl over the last three months preceding the event from which the damage arose.

11.2 SocialMediaGroei.nl is never liable for indirect damage, consequential damage, lost profit, missed savings or damage due to business interruption.

11.3 The limitations in this article do not apply if and to the extent that the damage is the result of intent or wilful recklessness on the part of SocialMediaGroei.nl.

Article 12 - Duration, cancellation and termination

12.1 Subscriptions have the minimum initial term of 3 months mentioned in Article 2. After the minimum term the subscription continues for an indefinite period and can be cancelled monthly, observing a notice period of 1 month. With annual payment the term of 12 months mentioned in Article 2.3 applies.

12.2 Cancellation must be made in writing (by email).

12.3 On termination of the agreement, SocialMediaGroei.nl will cooperate within a reasonable period, and after any outstanding invoices have been paid, in exporting or transferring content and data supplied by the client and produced and paid for during the term, to the extent reasonably possible within the capabilities of the platforms and tools used.

12.4 SocialMediaGroei.nl may terminate the agreement in writing with immediate effect if the client seriously fails to meet its obligations, including persistent non-payment, and that failure is not remedied within a reasonable period after notice of default.

Article 13 - Force majeure

13.1 Neither party is obliged to meet any obligation if it is prevented from doing so by force majeure, which in any event includes faults at platforms, internet outages, cyber attacks, government measures, illness of key staff and other circumstances outside the parties' reasonable sphere of influence.

13.2 During force majeure the obligations of the party concerned are suspended. If the force majeure situation lasts longer than 60 days, each party is entitled to dissolve the agreement in writing, without any obligation to pay damages.

Article 14 - Changes to these terms

14.1 SocialMediaGroei.nl may change these general terms and conditions. Changes are announced to the client at least 30 days before they take effect, for example by email or through the client portal.

14.2 If the client does not wish to accept a substantial change, it may cancel the agreement as of the date the change takes effect.

Article 15 - Applicable law and disputes

15.1 All agreements and these general terms and conditions are governed exclusively by Dutch law.

15.2 Disputes arising from or connected with the agreement are submitted to the competent court in the district where SocialMediaGroei.nl is established, without prejudice to the right of a client acting as a consumer to submit a dispute to the court having jurisdiction by law.

Article 16 - Final provisions

16.1 If any provision of these general terms and conditions proves to be void or is annulled, the remaining provisions remain in full force, and the void provision is replaced by a provision that approximates its intent as closely as possible.

16.2 Company details of SocialMediaGroei.nl, including Chamber of Commerce number, VAT number and registered address: established in the Netherlands, Chamber of Commerce number 94577056, reachable at info@socialmediagroei.nl.