Terms of Agreement – The Boost Group B.V.
Effective Date: 01-02-2026 | Version 3.0

The Boost Group B.V.
KvK: 87210843
BTW: NL003375941B11
Adres: Goes, Nederland
Vestigingsplaats: Goes 

1. Definitions

1. “The Boost Group” refers to The Boost Group B.V., located in Goes and registered with the Dutch Chamber of Commerce under number 87210843, acting as the service provider.
2. “Agreement” means the agreement under which The Boost Group undertakes to provide specific services to the Client.
3. “Client” refers to the party engaging The Boost Group to perform services.
4. “Services” means all work and deliverables to be provided by The Boost Group as agreed under this Agreement.
5. “Third Parties” means individuals or companies engaged by The Boost Group to support the execution of services.

2. Applicability of Terms

1. These Terms and Conditions apply to all offers, quotations, contracts, and agreements where The Boost Group agrees to perform services for the Client.
2. Deviations from these Terms are only valid if agreed upon in writing.
3. If the provisions of these Terms conflict with the agreement, the latter shall prevail.
4. These Terms also apply to additional or follow-up work.
5. Any general terms and conditions of the Client are explicitly rejected.
6. These Terms are also enforceable by individuals and legal entities engaged by The Boost Group.

3. Client Obligations

1. The Client must provide all necessary documents and information requested by The Boost Group in a timely and complete manner.
2. The Client guarantees the accuracy and completeness of the information provided.
3. The Client indemnifies The Boost Group against damages caused by incorrect or incomplete information.
4. Any additional costs due to delays caused by the Client shall be borne by the Client.
5. The Client is responsible for the integrity of information shared electronically.
6. The Boost Group may suspend performance if the Client does not fulfill these obligations.
7. Upon request, The Boost Group will return original documents to the Client.

4. Execution of Services

1. The Boost Group shall execute the assignment to the best of its abilities in accordance with applicable laws and professional standards.
2. The Boost Group determines how and by whom the services will be carried out.
3. The Boost Group may engage third parties for execution without prior consent from the Client.

5. Confidentiality

1. The Client shall cooperate fully with any compliance obligations arising under local or international law.
2. The Boost Group will protect personal and confidential data and inform staff and third parties about its confidentiality.
3. The Boost Group may be required by law or by a competent authority to disclose confidential information, including but not limited to situations involving suspected fraud, unusual transactions, or regulatory investigations. The Client hereby grants consent for such disclosures.
4. The Boost Group accepts no liability for damages resulting from legal disclosure obligations.

6. Intellectual Property

1. All intellectual property rights created during service delivery remain with The Boost Group.
2. The Client may not reproduce, disclose, or exploit any IP without prior written consent from The Boost Group.
3. Exceptions may apply if the Client seeks an expert evaluation, under strict confidentiality.

7. Force Majeure

1. In case of force majeure, obligations will be suspended until performance can resume.
2. If the force majeure situation continues, either party may terminate the agreement without liability.
3. Services already rendered during force majeure will be invoiced separately.

8. Fees and Costs

1. Fees are based on time spent and costs incurred unless otherwise agreed.
2. Out-of-pocket expenses and third-party charges will be invoiced separately.
3. The Boost Group may request an advance payment. Failure to pay can lead to suspension of services.
4. The Boost Group may revise rates if market conditions change.
5. The Boost Group reserves the right to charge the full performance fee if the Client requests to pause advertising campaigns or reduce the advertising budget by more than 80% for a continuous period of seven (7) days or longer.
6. The Boost Group shall be entitled to retain the commitment fee if the required thirty (30) day notice period is not respected and/or if The Boost Group is unable to manage the Client’s campaigns during the full notice period using the same advertising budgets as applied prior to the notice.
7. Contractual Penalty for Breach of Notice Period: A contractual penalty shall apply if the Client terminates the Agreement without observing the required thirty (30) day notice period, or if the Client prevents The Boost Group from performing its services during the notice period. The contractual penalty is intended to compensate The Boost Group for operational costs, reserved capacity, and administrative efforts associated with the premature termination of the Agreement. In the event of a violation of the notice period, the Client shall be liable to pay a contractual penalty of €1,950. This penalty applies per Agreement and becomes immediately due upon termination without proper notice.

9. Payment Terms

1. Payment is due within 7 days of the invoice date without deduction or offset.
2. Late payments incur statutory interest and collection fees.
3. If the Client’s financial standing deteriorates, The Boost Group may request security or suspend services.

10. Deadlines

1. If delays are caused by the Client, new timelines will be set in mutual consultation.
2. Only explicitly agreed timelines are considered binding.

11. Liability

1. The Boost Group is not liable for damages arising from incorrect or incomplete data provided by the Client.
2. The Boost Group is not liable for indirect or consequential damages.
3. Liability is limited to the fee paid for the specific service, up to a maximum of one year’s fees.
4. These limitations do not apply in cases of gross negligence, willful misconduct, or fraud.
5. Nothing in these Terms shall limit or exclude liability in respect of rights that cannot be excluded under applicable statutory law.

12. Termination

1. Either party may terminate the Agreement with thirty (30) days prior written notice.
2. Upon termination, the Client must pay for services rendered and any applicable cancellation fees.
3. The Boost Group may archive or delete campaigns upon early termination.
4. During the applicable notice period, The Boost Group shall remain available to continue managing the Client’s advertising campaigns for up to thirty (30) days, or for the duration of the agreed notice period.
5. During this period, the advertising budgets shall remain equal to the average budget applied during the thirty (30) days preceding the notice period.

13. Suspension Rights

1. The Boost Group may suspend delivery of services or materials if payments are overdue or if the Client fails to comply with its obligations under this Agreement.

14. Limitation Period

1. Claims expire one year after the Client became aware or should have been aware of the claim.

15. Electronic Communication

1. Email and cloud-based communication are accepted as valid means of communication unless otherwise agreed.
2. The Boost Group is not liable for electronic communication failures unless due to gross negligence.
3. This includes delayed delivery, interception, or virus infections.

16. Non-Solicitation

1. The Client shall ensure a safe, compliant workplace for any on-site services.
2. The Client may not solicit or hire The Boost Group employees for twelve (12) months following termination of the Agreement.

17. Governing Law

1. Dutch law applies to all agreements.
2. Disputes shall be submitted to the competent court in the jurisdiction of The Boost Group.

18. Severability

1. If any provision is found invalid, the remainder shall continue in full force. Invalid provisions will be replaced with provisions that reflect the original intent as closely as possible.

19. Entire Agreement

1. These Terms, together with any applicable Agreement or Statement of Work, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior agreements, representations, and understandings of the parties.

20. Amendments to Terms

1. The Boost Group reserves the right to amend these Terms at any time. Clients will be informed of any material changes by email or via notice on the website at least thirty (30) days prior to the changes taking effect.
2. Continued use of The Boost Group’s services after the effective date of the amended Terms constitutes acceptance of the revised Terms.
3. If the Client does not agree to the amended Terms, they may terminate the Agreement in accordance with Article 12.

21. Data Protection and Privacy

1. The processing of personal data by The Boost Group is governed by its Privacy Policy, which is incorporated herein by reference.
2. The Client remains the data controller for any customer data used in advertising campaigns. The Boost Group acts as a data processor to the extent it processes personal data on behalf of the Client.
3. Both parties agree to comply with applicable data protection legislation, including the General Data Protection Regulation (GDPR) and any applicable national implementing legislation.

22. Advertising Accounts

1. The Client remains the sole owner of all advertising accounts used for campaigns, including but not limited to accounts on platforms such as Meta, Google Ads, TikTok, or similar platforms.
2. The Boost Group may be granted access to such accounts solely for the purpose of managing advertising campaigns. The Client remains fully responsible for compliance with the terms, policies, and rules of the respective advertising platforms.
3. In the event that an advertising account is suspended, restricted, or banned by the respective platform, The Boost Group shall not be held liable for such action, as such decisions are made solely by the platform providers and are outside the control of The Boost Group.

23. Advertising Budget

1. All advertising spend is paid directly by the Client to the relevant advertising platform unless otherwise agreed in writing.
2. The Boost Group is not responsible for payments made to advertising platforms and shall not be liable for any charges incurred by the Client on such platforms.

24. No Guarantee of Results

1. The Boost Group provides marketing and advertising services on a best-efforts basis. The Client acknowledges that advertising performance depends on numerous factors outside the control of The Boost Group, including market conditions, competition, product quality, pricing, and advertising platform algorithms.
2. Therefore, The Boost Group does not guarantee specific results, including but not limited to sales, leads, return on ad spend (ROAS), or revenue.

25. Tracking and Analytics

1. The Boost Group may implement tracking tools such as pixels, tags, or analytics software to measure campaign performance.
2. The Client remains responsible for ensuring that the use of such tracking technologies complies with applicable data protection and privacy laws, including but not limited to GDPR requirements.
3. The Boost Group shall not be liable for inaccuracies in tracking data caused by third-party platforms, browser restrictions, ad blockers, or privacy settings.

26. Lead Quality

1. The Boost Group is responsible for generating marketing leads through advertising campaigns but does not guarantee the quality, intent, or conversion of such leads.
2. The Client remains responsible for lead qualification, sales processes, and customer conversion.

27. Client Responsibility for Advertising Content

1. The Client remains responsible for the legality, accuracy, and compliance of all products, services, claims, and information promoted in advertising campaigns.
2. The Boost Group shall not be liable for any legal claims arising from the Client’s products, services, or marketing claims.