General Terms and Conditions
1. Definitions
Brand & Balance: service provider in the field of website development, AI visuals, email marketing, content, and branding.
Customer: any natural or legal person who purchases a service.
Agreement: any agreement between Brand & Balance and the client.
2. Applicability
These general terms and conditions apply to all quotations, assignments, and agreements with Brand & Balance.
Deviations are only valid if confirmed in writing.
3. Services
Brand & Balance supplies, among other things:
-
website development
-
webshop setup
-
AI visuals and campaign images
-
product visuals
-
email marketing
-
marketing automations and flows
-
newsletters
-
branding and strategic advice
All services are provided on the basis of a best-efforts obligation .
No guarantee is given regarding revenue, conversion, open rates, or other commercial results.
4. Formation of the agreement
An agreement is concluded after:
-
written confirmation
-
agreement on quotation
-
or payment of invoice
Brand & Balance reserves the right to refuse assignments without stating a reason.
5. Payment
Website projects
-
Website projects are invoiced 100% in advance.
-
Work will only commence after receipt of payment.
-
No refund after commencement of work
Subscriptions and monthly services
-
Invoiced monthly in advance
-
Delivery will be suspended without payment.
-
No refund for the current month
Invoices have a payment term of 7 days unless otherwise stated.
6. Subscriptions and monthly collaborations
Brand & Balance works with monthly packages, including:
-
AI visuals packages
-
newsletter packages
-
marketing support
The following applies to subscriptions:
-
notice period: 1 month
-
termination in writing
-
The future minimum term can be adjusted (e.g. 3 months), provided this is communicated in advance.
7. AI Visuals packages
AI visuals packages can include, among other things:
-
20 images + 1 video per month
-
30 images + 2 videos per month
Delivery will take place according to the agreed schedule.
Unused production expires at the end of the month.
8. Website delivery and revisions
A website is considered delivered when it:
-
live state
-
or has been transferred digitally
Included:
-
maximum of 2 revision rounds
-
valid until 2 weeks after delivery
After that, the following applies:
→ adjustments = additional work at a rate.
9. Email marketing and flows
Email marketing services may include:
-
welcome flows
-
abandoned cart flows
-
abandoned checkout flows
-
campaign emails
-
automations
-
templates
Results depend on external factors such as:
-
mailing list quality
-
platform settings
-
market
-
timing
Brand & Balance provides no guarantee of performance.
10. Newsletter packages
For newsletter subscriptions:
-
delivery: maximum 1 newsletter per week
-
customer provides timely input, actions, and updates
-
Delivery may be postponed if input is missing.
-
No refund for missing input
11. Planning and delivery to client
Planning depends on:
-
timely input
-
feedback
-
materials
-
approvals
Delay caused by customer = no right to refund or compensation.
12. Additional work and scope
Work outside the original agreement is considered additional work.
Additional work will be invoiced separately.
Examples:
-
extra revisions
-
new flows
-
extra pages
-
strategy changes
-
additional campaigns
13. Intellectual property
Upon full payment, the customer receives the right to use the delivered work.
Brand & Balance retains copyright.
Brand & Balance may use the work for:
-
portfolio
-
website
-
marketing
-
social media
Unless otherwise agreed in writing.
14. Use AI visuals
AI visuals are generated specifically for the client.
Brand & Balance is not liable for platform or model limitations of the AI systems used.
The customer is responsible for commercial use and compliance with regulations.
15. Liability
Brand & Balance is not liable for:
-
indirect damage
-
consequential damage
-
lost revenue
-
data loss
Liability is limited to the invoice amount of the relevant assignment.
16. Suspension
Brand & Balance may suspend activities in the event of:
-
non-payment
-
missing input
-
abuse of cooperation
17. Force Majeure
In the event of force majeure, delivery may be postponed without compensation.
18. Applicable law
Dutch law applies to all agreements.