General conditions

Services

4.1 Contractor will carry out the offered project to the best of his knowledge and ability and will make every effort to perform the work properly and to the best of his ability, but cannot guarantee that the work will achieve the result desired by Principal. This is a best-efforts obligation, not a result obligation. With regard to marketing budgets, the Client may expect the Contractor to make efforts in line with the market for the agreed budget.

4.2 Contractor shall never give guarantees on sales, profits, number of visitors, offers, requests or contacts or other turnover-related matters resulting from any product. For that reason Contractor cannot be held liable or be held in default for/due to disappointing sales results or other turnover-related results, resulting from the services or products provided by Contractor.

4.3 If printed matter is supplied by Envolutions: before production, reproduction or publication, the parties shall give each other the opportunity to check and approve the latest models, prototypes or designs of the design. If the contractor shall give orders or instructions to production companies or other third parties, whether in the client’s name or not, the client shall, at the contractor’s request, confirm its above-mentioned approval in writing or by telephone.

4.4 The contractor shall not be liable for:

• errors or shortcomings in the design or text/data, if the client, in accordance with the provisions of the paragraph above, has given his approval, or has been given the opportunity to carry out an inspection and has not availed himself of it.
• errors or shortcomings of third parties engaged by or on behalf of the client.

4.5 When audiovisual media is captured by the contractor, the client is responsible for ensuring the privacy and approval of bystanders.

4.6 The following terms and conditions apply to all designs and websites:

• When designing, the Client’s wishes are listened to and Envolutions will make reasonable efforts to meet the Client’s expectation. In the cases where the Client is not satisfied with the delivered designs, Envolutions will offer a maximum of 1 alternative design.
• Modifications to a previously delivered design for which Envolutions agrees to make minor changes is considered an additional service and may be charged to the Client. The copyright and intellectual property of all designs remains with Envolutions until the service is completed or terminated.

4.7 For creating third party accounts for the Client, the login details for the created accounts will be made available to the Client during the execution of the services or after the completion of the services. As long as the services are carried out, the Client should not make any changes to the login details provided these are disclosed to Envolutions. If this is done, Envolutions reserves the right to suspend the services.

4.8 Ownership of third-party accounts where data has been collected and collated by Envolutions may be transferred from Envolutions to the Client provided all conditions are met:

• The costs of the tied agreement have been met
• The agreement is terminated by the Principal
• A written request has been made

4.9 The Contractor is not liable if work cannot be performed because the software is limited and within it it proves impossible.

4.10 Contractor is not liable if work cannot be performed or cannot be performed in a timely manner due to lack of cooperation, input or contact from Client or the web builder (or other performer). The relevant obligation of effort lies with the executor.

4.11 Contractor is not liable for the (negative) consequences in the campaign/results caused by adjustments on the website by or on behalf of Client and/or third parties not from the sphere of Contractor.

4.12 After termination of an agreement, adjustments made for the purpose of optimization are left in place; they can then no longer be put back or adjusted free of charge.

4.13 No rights can be derived from keyword positions that are measured and reported. These positions are measured as objectively as possible, but they may vary per user due to the algorithm of Google or other parties. If discrepancies are necessarily created compared to previously proposed keywords, Contractor is not liable for this.

4.14 The Contractor is never responsible for content posted on the Internet on behalf of the Client. The Client agrees that the Contractor posts content on behalf of the Client and that the Client remains responsible for it at all times.

4.15 The client shall provide the login details of all accounts required to perform the agreed services.

4.16 The costs of work to be done by third parties for the benefit of SEO shall be borne by Client.

4.17 Contractor does not guarantee the display of or at (top) positions for the Google My Business page.

4.18 Reports are compiled based on data provided by (multiple) third parties whose accuracy and veracity cannot be guaranteed by Envolutions.

4.19 Where appropriate, reports may be expanded with text and explanations from the campaign manager. Client cannot derive any rights from this.

4.20 If reporting is only possible by linking to Analytics, the Client is responsible for providing the Analytics login details.

4.21 If a deadline is agreed for the completion of certain work, this is only an indicative deadline and not a fatal deadline. This also applies to the effective date; this is a target date and not a ‘hard’ date from which rights can be derived.

4.22 If Contractor expects not to meet the effective date or a completion date, it shall notify Client as soon as possible.

4.23 The Contractor cannot be held liable for rejected ads, blocked accounts, lost sales for not having a campaign live, reduction in conversions or website/webshop sales or other negative consequences.

4.24 Positions with online advertisements are created on the basis of a bidding system, so the Contractor can never give guarantees on particular positions.

4.25 During the contract term, Client is not permitted to advertise or cause to be advertised on search engines on which Contractor has a campaign running for Client with ads linking to the same website(s) as the ads Contractor has placed for Client.

4.26 The Contractor is not liable if certain advertising functionalities cannot be put into operation due to limitations of the website/cms or due to the limitation of the Client’s products (as in the case of products without EAN numbers).

4.27 Contractor is not liable for the (negative) consequences regarding the campaign or results, if those consequences are caused by adjustments on the website or Google Ads campaign by Client and/or third parties.

4.28 The Contractor shall not be liable for:

• monitoring and enforcing legal guidelines for collecting a mail file
• Processing subscriptions and unsubscriptions from any mail file.

4.29 The Client is responsible for ensuring that the email addresses in the Client’s email files have been lawfully obtained in accordance with the guidelines of the “Advertising by Email Code”-this means that the users of the email addresses have had the opportunity to refuse commercial emails-and that new users have actively consented to receive commercial emails.

4.30 The Contractor is not liable for any future disputes with the Advertising Code Committee arising from failure to comply with the above.

4.31 Envolutions provides hosting through hosting suppliers. Agreements between Envolutions and the client are entered into for a period of one year unless otherwise agreed. Hosting contracts are tacitly renewed for the same period. Termination of an (extended) agreement by Client must be done at least two months before the end of the contract period.

4.32 Envolutions is not liable for downtime or inaccessibility due to failures in the Internet or at other providers or at the hosting provider, failure of electricity and the like.

4.33 The Client is not permitted to use the website, in whole or in part, for:

1. acts and or conduct in violation of applicable legal provisions, Netiquette or the guidelines of the Advertising Code Committee;
2. The unsolicited sending of large amounts of E-mail with the same content and/or the unsolicited posting in large numbers of newsgroups on the Internet of a message with the same content (spamming);
3. infringing copyrighted works or otherwise violating intellectual property rights of third parties;
4. disclosing or distributing punishable text and/or image or audio material.
5. sexual harassment or otherwise harassing individuals;
6. Unauthorized intrusion into other computers or sites on the Internet or Intranet, breaking any security and/or gaining access by technical intervention using false signals or a false key, or by assuming a false capacity (hacking);
7. spreading computer viruses.