Terms and conditions

• Contractor: H&K Solutions, located at Turfstekerstraat 9, 1825GL Alkmaar, the Netherlands, registered with the Dutch Chamber of Commerce (KVK) under number 71456384, VAT number NL002349888B88.
• Client: the party that purchases an assignment from H&K Solutions.
• Assignment: a defined service within one of the areas of H&K Solutions (branding, automation or advertising) with its own described result and fee. An assignment is one-off (for example a brand with website) or ongoing (for example monthly ad management).

These terms apply to every proposal and every agreement between H&K Solutions and a Client, unless agreed otherwise in writing.

An agreement is formed as soon as the Client accepts a proposal from H&K Solutions in writing (including by email). The proposal describes the assignment, the result and the fee for that specific assignment, and states how many rounds of revisions are included. Further requests after that are handled in consultation, at an hourly rate.

The Client supplies the material needed for the assignment in good time, such as copy, photos and access to existing accounts. The schedule starts once that has been received.

H&K Solutions works with separate assignments. Entering into an agreement for one assignment does not oblige the Client to purchase another assignment or service. Each assignment is agreed separately, with its own fee and its own described result.

• The fee per assignment is stated in the proposal accepted by the Client. All amounts exclude VAT unless stated otherwise.
• Ongoing assignments are invoiced monthly in advance. For a one-off assignment, half is invoiced at the start and half on delivery, unless the proposal states otherwise.
• Third-party costs needed for an assignment, such as ad budget or usage costs of software and messaging services, are not included in the fee unless the proposal states otherwise.
• Invoices are payable within 14 days of the invoice date, unless the proposal states another term.
• For an ongoing (monthly) assignment, the payment term applies per invoice period.
• Fees may be indexed annually on 1 January. H&K Solutions gives at least one month's notice of this.

A one-off assignment ends automatically on delivery of the agreed result. An ongoing assignment (for example the monthly advertising service) can be cancelled by either party with a notice period of 1 calendar month, unless the proposal states another term. If the proposal states a minimum or fixed term (for example three months for ad management, because campaigns need time to learn), the assignment can only be ended at the end of that term.

• Work delivered in a one-off assignment (including design, copy and code) transfers to the Client once the related invoices have been paid in full. Until then it remains the property of H&K Solutions.
• In an ongoing assignment in which H&K Solutions builds and manages a website, systems or agents, these remain the property of H&K Solutions for as long as the assignment runs, unless the proposal states otherwise. If the Client wishes to take ownership afterwards, H&K Solutions makes a takeover proposal.
• Ad accounts are in the Client's name; H&K Solutions receives manager access. The Client may freely use ads and creatives made by H&K Solutions once they have been paid for.

The liability of H&K Solutions for damage arising from an agreement is limited to the amount charged for the assignment concerned. H&K Solutions is not liable for indirect or consequential damage, including lost revenue.

• For an automation assignment, the proposal sets out which tasks an agent or connection carries out independently, and for which actions the Client's approval is required first (such as messages to customers or actions that cost money).
• The Client remains responsible for content they approve and for decisions taken on the basis of the automation.
• Where an automation uses third-party software or services, the terms of those third parties also apply. H&K Solutions is not liable for outages or changes on the side of those third parties.

Where H&K Solutions processes personal data on behalf of the Client in an assignment, for example in the Client's systems, the Client is the controller and H&K Solutions the processor within the meaning of the GDPR. The parties record this in a data processing agreement before processing begins.

In case of force majeure (circumstances beyond a party's reasonable control), performance is suspended for the duration of the force majeure situation.

Both parties treat confidential information they receive from each other as confidential, also after the agreement ends.

Every agreement is governed by Dutch law. Disputes are submitted to the competent court in the district where H&K Solutions is located (Alkmaar).

Questions about these terms? Email info@hk-solutions.nl.