Terms of Agreement – The Boost Group B.V.
Effective Date: 01-01-2021

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 87212420, 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.

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.

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.

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 & Compliance

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 legally required to disclose confidential information in cases of fraud, unusual transactions, or regulatory checks. The Client hereby grants consent for such disclosures.

4. The Boost Group accepts no liability for damages resulting from legal disclosure obligations.

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 written consent from The Boost Group.

3. Exceptions may apply if the Client seeks an expert evaluation, under strict confidentiality.

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.

 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 may charge the full performance fee if client requires to pause ads/decrease budgets with more than 80% for an ongoing period of at 7 days or more.

Payment Terms

1. Payment is due within 7 days of the invoice date without deduction or offset.

2. Late payments incur interest and collection fees.

3. If the Client’s financial standing deteriorates, The Boost Group may request security or suspend services.

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.

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 or willful misconduct.

1Termination

1. Either party may terminate the agreement at any time with written notice.

2. Upon termination, the Client must pay for services rendered and any cancellation fees.

3. The Boost Group may archive or delete campaigns upon early termination.

4. The Boost Group must remain availability to keep running the advertising for the next 30 days or as long as the notice period has been agreed upon. This needs to be with the same budget as the 30 days prior to the notice period.

5. A 30-day notice period applies unless otherwise agreed.

Suspension Rights

The Boost Group may suspend delivery of services or materials if payments are overdue or obligations unmet.

1Statute of Limitations

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

Electronic Communication

1. Email and cloud-based communication are accepted 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.

On-Site Work and Recruitment

1. The Client shall ensure a safe, compliant workplace for on-site services.

2. The Client may not solicit or hire The Boost Group employees for 12 months following termination.

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

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.