Terms and Conditions

Socials Agency, located in the Netherlands, is responsible for the processing of personal data as shown in this privacy statement.

Socials Agency considers careful processing of personal data to be of the utmost importance. Personal data is carefully processed and secured. When processing, we comply with the requirements of the General Data Protection Regulation (the "GDPR").

This Privacy Statement sets out how we collect and use your data, in accordance with the GDPR.

In this Privacy Statement we explain which personal data we collect and use, and for what purpose we do this.

We recommend that you read this Privacy Statement carefully.

This Privacy Statement applies to our website, www.socialsagency.nl and related websites and Services.

This Privacy Statement was last modified on: 01-01-2024

Use of personal data

If you use websites and related Services that Socials Agency offers, you can share personal data with us. We collect and use personal data that you, or your company, share directly with us. We will not use the personal data for purposes other than those described in this statement, unless you have given your prior consent.

Types of data collected

When you use our Services, we may collect the following data:

First and last name Address details Telephone number Email address IP address Other personal data that you actively provide, for example by creating a profile on this website, in correspondence and by telephone Data about your activities on our website Data about your surfing behavior across different websites (e.g. because this company is part of an advertising network) Internet browser and device type Bank account number.

Grounds for processing

We generally process your personal data for the following purposes:

Processing your payment Sending our newsletter and/or advertising brochure

To be able to call or email you if this is necessary to provide our services To inform you about changes to our services and products Socials Agency analyzes your behavior on the website in order to improve the website and the range of products and services to suit your preferences. Socials Agency also processes personal data if we are legally obliged to do so, such as data we need for our tax return. We collect your personal data on the basis of legitimate interests or your consent, which you can withdraw at any time.

Retention of personal data

We store your personal data for as long as necessary to achieve the purposes of this Privacy Statement. In general, we store personal data of our website visitors for 12 months.\

Your rights

You have the right to inspect the information we process.

If you wish, you can contact us directly.

We ensure that we provide you with a copy of the data we process about you.

We may need to verify your identity to fulfill your request.

If you believe that the information provided that we process about you is incorrect, you can contact us to update your information.

You also have the right to object to data processing.

If you want us to delete your information, you can inform us at any time.

You can contact us at any time regarding these requests.

We will always respond in a timely manner, in accordance with the GDPR.

If you are not satisfied with the answer you receive, you can submit your complaint to the relevant supervisor.

Share with others

We will not share your information with others without your permission, unless this is necessary in the context of the execution of the agreement that you, or your organization, has concluded with us, or unless this is a legal obligation.

Transfer of personal data

To achieve the purposes described in this Privacy Statement, we may transfer your data outside the EEA. If this is the case, we will take the appropriate measures to ensure that personal data is properly secured.

For transfers to the United States, we ensure that such American party complies with the Privacy Shield. For other transfers, we may transfer your data to a country recognized by the European Commission as providing an adequate level of protection with respect to Personal Data.

Cookies

We want to be able to offer you relevant and personal information in a user-friendly manner. We use different types of cookies on our websites for this purpose.

For example, we place cookies that are necessary for the functioning of the site.

This includes the ability to respond, the operation of spam filters, video playback and caching to make the website faster.

We also use analytical cookies that do not infringe your privacy.

In general, cookies are stored for the duration of the (browser) session. In addition, your IP address may be stored in the log files of our web server when you use our Services. This is necessary to properly manage and secure our Services. We do not use your IP address to track or register your online behavior.

Typically, we are unable to link your IP address to your name, address or other identifying information unless you provide us with such information and continue to use the same IP address.

You can unsubscribe from cookies by setting your internet browser so that it no longer stores cookies. In addition, you can also delete all information previously stored via the settings of your browser.

Security

We ensure that your personal data is protected against loss or unlawful processing.

We have taken, among other things, the following technical and organizational measures:

Logical access control, use of passwords and possibly a second factor; Encryption of data; Pseudonymization of data; The use of Virtual Private Servers (VPN) accessible with the SSH key;

General terms and conditions Socials Agency

Article 1: Applicability

1.1 These conditions apply to every offer, quotation and agreement between Socials Agency and the client to which Socials Agency has declared these conditions applicable, insofar as the parties have not expressly deviated from these conditions in writing.

1.2 These terms and conditions also apply to agreements with Socials Agency for the implementation of which Socials Agency must involve third parties.

1.3 In these terms and conditions, Social Media means: all internet applications with which it is possible to

share information in the form of text, sound, images and music with each other in a user-friendly manner. In these terms and conditions, online marketing means the marketing of products or services via the internet. In this context, content is: the content of statements to be posted on social media, including images and sound material.

1.4 Deviations and additions to these general terms and conditions are only valid if agreed in writing between the parties.

1.5 The applicability of purchasing or other conditions of the client is expressly rejected.

1.6 If any provision of these general terms and conditions is void or annulled, the other provisions of these general terms and conditions will remain in full force. Socials Agency and the client will then enter into consultation in order to agree on new provisions to replace the void or annulled provisions, whereby the purpose and scope of the original provisions are taken into account as much as possible.

1.7 If there is any uncertainty regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation must be made 'in the spirit' of these provisions.

1.8 If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed 'in the spirit' of these general terms and conditions.

1.9 If Socials Agency does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that Socials Agency would to any extent lose the right to demand strict compliance with the provisions of these conditions in other cases. desire.

Article

2: Quotations and offers

2.1 The Client guarantees the accuracy and completeness of the information provided by or on behalf of him to Socials Agency on which Socials Agency bases its offer. The Client always takes the utmost care to ensure that the requirements that Socials Agency's performance must meet are correct and complete.

2.2 All quotations and offers from Socials Agency are without obligation, unless a term for acceptance is stated in the quotation. If no acceptance period has been set, no rights can be derived from the quotation or offer if the product to which the quotation or offer relates is no longer available in the meantime.

2.3 Socials Agency cannot be held to quotations or offers if the client can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or error.

2.4 If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, Socials Agency is not bound by this. The agreement will then not be concluded in accordance with this deviating acceptance, unless Socials Agency indicates otherwise.

2.5 A composite quotation does not oblige Socials Agency to carry out part of the assignment for a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.

Article 3: Price, payment and collection costs

3.1 All prices on the website are exclusive of 21% VAT.

3.2 If the client consists of several natural persons and/or legal entities, each of those persons is jointly and severally liable to pay the amounts due under the agreement.

3.3 If there is a periodic payment obligation on the part of the client, Socials Agency is entitled to adjust the applicable prices and rates in writing, subject to a period of three months. If the client does not wish to agree to such an adjustment, the client is entitled to cancel the agreement in writing within thirty days after notification, with effect from the date on which the adjustment would take effect. However, the Client does not have such a right to cancel if it has been agreed between the parties that the applicable prices and rates can be adjusted taking into account an agreed index or other benchmark.

3.4 All invoices must be paid by the client in accordance with the payment conditions stated on the invoice (such as currency). In the absence of specific conditions, the client must pay no later than fourteen days after the invoice date by depositing the amount into a bank account number specified by Socials Agency, stating the invoice number. Monthly amounts are invoiced each month on the same day after approval or purchase.

3.5 The Client is not entitled to settle amounts due.

3.6 If the client does not pay the amounts due or does not pay them on time, the client will owe statutory commercial interest on the outstanding amount without any reminder or notice of default being necessary. If the client continues to fail to pay the claim after a reminder or notice of default, Socials Agency can outsource the claim, in which case the client is also obliged to pay all judicial and extrajudicial costs in addition to the total amount due. After Socials Agency has sent 3 reminders and these have not been paid after 3 days, Socials Agency will engage a collection agency.

3.7 Socials Agency is entitled to transfer its claims for payment of compensation to a third party.

3.8 Objections to the amount of an invoice do not suspend the payment obligation.

3.9 If the client is in default or in default in the (timely) fulfillment of his obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the client. The extrajudicial costs are calculated on the basis of what is customary in Dutch debt collection practice, currently the calculation method according to Rapport Voorwerk II. However, if Socials Agency has incurred higher collection costs that were reasonably necessary, the actual costs incurred are eligible for reimbursement. Any legal and enforcement costs incurred will also be recovered from the client. The client also owes interest on the collection costs owed.

Article 4: Implementation of online marketing

4.1 The Client always guarantees the accuracy, completeness and consistency of the information provided to Socials Agency. Inaccuracies, incompleteness and inconsistencies are at the expense and risk of the client.

4.2 The client ensures that all information that Socials Agency indicates is necessary or of which the client should reasonably understand that it is necessary for the execution of the agreement, is provided to Socials Agency in a timely manner. If the information required for the execution of the agreement has not been provided to Socials Agency in a timely manner, Socials Agency has the right to suspend the execution of the agreement and/or to charge the client the additional costs resulting from the delay in accordance with the then customary rates. to be taken into account. The implementation period does not start until the client has made the data available to Socials Agency. Socials Agency is not liable for damage of any nature whatsoever because Socials Agency relied on incorrect and/or incomplete information provided by the client.

4.3 Socials Agency will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. This is based on the state of science known at that time.

4.4 If and insofar as proper execution of the agreement requires this, Socials Agency has the right to have certain work carried out by third parties.

4.5 If Socials Agency does not receive the requested information, Socials Agency will invest time in other activities if this is possible. If that is not possible, Socials Agency will discontinue its services until the requested information has been received. Socials Agency will send an invoice with the price agreed on the quotation, even if no activities have been carried out because the client has not provided the correct information or has not provided it on time for whatever reason.

Article 5: Commencement, duration, amendment and termination of the agreement

5.1 Unless a start date is included in the agreement, an agreement is concluded on the day that Socials Agency has received the agreement signed by the client.

5.2 Unless a termination date is included in the agreement, an agreement for (support of) online marketing has a minimum term of at least 3 months and is tacitly extended every month by one month, unless otherwise agreed. The agreement can be terminated in writing at any time after 3 months, unless the collaboration has been extended by six months after the first 3 months, taking into account a notice period of one month. This month starts on the date on which the next contract month starts. The agreement between Socials Agency and the client is initially entered into for 3 months, then for 6 months or an indefinite period and can be canceled monthly in accordance with the conditions of the notice period, unless the nature of the agreement dictates otherwise or if the parties expressly and in writing otherwise. to agree.

5.3 If during the execution of the agreement it appears that it is necessary to change or supplement it for its proper execution, the parties will adjust the agreement in a timely manner and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or instruction of the client, the competent authorities, etc., is changed and the agreement is therefore changed in qualitative and/or quantitative terms, this may have consequences. for what was originally agreed. As a result, the originally agreed amount can also be increased or decreased. Socials Agency will provide a price quote in advance as much as possible. Furthermore, the originally stated term of execution may be changed by an amendment to the agreement. The client accepts the possibility of changing the agreement, including the change in price and term of execution.

5.4 If a price increase exceeds 30% or if the work of either party is contrary to the law or good morals, both the client and the contractor are entitled to terminate the agreement immediately.

5.5 If the agreement is amended, including a supplement, Socials Agency is entitled to implement it only after approval has been given by the authorized person within Socials Agency and the client has agreed to the price stated for the implementation and other conditions, including the time to be determined at which they will be implemented. Failure to execute the amended agreement or not immediately execute it does not constitute a breach of contract on the part of Socials Agency and is not a reason for the client to terminate or cancel the agreement.

5.6 Without being in default, Socials Agency may refuse a request to amend the agreement if this could have consequences in qualitative and/or quantitative terms, for example for the work to be carried out or goods to be delivered in that context.

5.7 If the client fails to properly comply with what he is obliged to do towards Socials Agency, the client is liable for all damage to Socials Agency caused directly or indirectly as a result.

5.8 If the agreement is executed in phases, Socials Agency may suspend the execution of those parts that belong to a subsequent phase until the client has approved the results of the preceding phase in writing.

Article 6: Confidentiality

6.1 The parties shall ensure that all information received from the other party that they know or reasonably should know is of a confidential nature, remains secret. The party that receives confidential information will only use it for the purpose for which it was provided. Data will in any case be considered confidential if it has been designated as such by one of the parties. In order to carry out the work properly, the data is treated confidentially by 2 colleagues from Socials Agency who have signed in the cooperation agreement that the information will be treated confidentially.

Article 7: Intellectual property rights

7.1 Unless otherwise agreed, Socials Agency reserves the intellectual property for the texts, designs, images, drawings, sketches and all other plans and ideas that come to the client's attention in the context of the assignment provided by Socials Agency. The Client must therefore handle this data / information in such a way that it cannot be used improperly by third parties. In connection with this, the client is obliged to use the designs only in the manner agreed and, if and to the extent applicable, the client will state the full name of the contractor in its publications / communications.

7.2 Socials Agency reserves the right to use the knowledge gained through the performance of the work for other purposes, provided that no confidential information is disclosed to third parties.

7.3 Socials Agency reserves the right to use parts of developed content in later projects.

7.4 Socials Agency and any subcontractors (third parties) reserve the right to use the content developed for the client in whole or in part for promotional, acquisition and/or demonstration purposes.

7.5 The Client is responsible for ensuring that no rights of third parties oppose making material available to Socials Agency for the purpose of use, processing, installation or incorporation. The Client indemnifies Socials Agency against claims from third parties regarding any infringement of intellectual property rights of that third party.

Article 8: Dissolution and cancellation of the agreement

8.1 If the client cancels the assignment in whole or in part after an agreement has been concluded, Socials Agency is entitled to charge the client for all costs incurred in connection with that assignment, with a minimum of 50% of the amount still to be paid (residual) value of the full order value. After payment of the costs, Socials Agency will hand over what has already been developed in the context of that assignment to the client, taking into account the other provisions of these conditions.

8.2 If the client does not meet its obligations, Socials Agency has the right to suspend the execution of the agreement in whole or in part and to charge the costs incurred as a result according to its usual rates, without prejudice to Socials Agency's right to exercise of any other legal and/or agreed right.

8.3 The mere exceeding of a (delivery) period or (delivery) date does not put Socials Agency in default. In all cases, Socials Agency will only be in default due to exceeding time after the client has given notice of default in writing. The notice of default must contain a description of the shortcoming that is as complete and detailed as possible. Socials Agency must be offered a reasonable period to still implement the agreement.

8.4 If one of the parties, after written notice by the other party, fails to fulfill an obligation, the other party is entitled, without further notice of default or judicial intervention, to terminate the relevant agreement with immediate effect, and without compensation to the other party. be liable for any damage, to terminate by registered letter, without prejudice to the right of the terminating party to exercise other legal rights to which it is entitled and without prejudice to the right of Socials Agency to payment for goods already delivered, work performed and/or services provided .

8.5 Each of the parties may terminate the agreement in writing in whole or in part without notice of default with immediate effect if the other party is granted a suspension of payments - provisionally or otherwise - if bankruptcy is filed for the other party, if the other party's company is liquidated or terminated other than for the purpose of reconstruction or merger of companies, or if the decisive control over the client's company changes. Due to this termination, Socials Agency is never obliged to make any refund of monies already received or to pay compensation. In the event of bankruptcy of the client, the right to use information made available to the client lapses

software, websites and the like by operation of law.

8.6 If the client terminates the contract for whatever reason and wants to stop the collaboration, but a contract has been signed for a certain period of time, Socials Agency is entitled to 10% of the amount that would be invoiced in the coming months. This must be paid in one go by means of an invoice from Socials Agency.

Article 9: Liability of Socials Agency

9.1 Facebook, Linkedin, YouTube, Pinterest, Google and Twitter, among others, are external, open source web applications. Socials Agency is not liable for errors in the relevant systems or functionalities.

9.2 Any liability of Socials Agency due to an attributable shortcoming in the performance of the agreement or on any other basis is limited to compensation for direct damage up to a maximum of four times the monthly invoice value (excl. VAT), but in all cases only to the extent that the damage is covered by Socials Agency's liability insurance.

9.3 Direct damage exclusively means the reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions, any reasonable costs incurred to remedy the defective performance of Socials Agency to have the agreement answered, insofar as these can be attributed to Socials Agency, and reasonable costs incurred to prevent or limit damage, insofar as the client demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions. For damage, such as but not limited to lost profit and/or stagnation damage, which is an indirect consequence of the goods and/services supplied by Socials Agency, Socials Agency is, except for intent or gross negligence, only liable for a maximum of the amount that the insurer from Socials Agency in respect of this damage.

9.4 The exclusions and limitations referred to in this article will lapse if and insofar as the damage is the result of intent or deliberate recklessness on the part of Socials Agency employees.

9.5 Unless compliance by Socials Agency is permanently impossible, liability of Socials Agency due to attributable shortcomings only arises if the client immediately gives notice of default in writing to Socials Agency, setting a reasonable period for the correction of the shortcoming, and Socials Agency is also attributable after that period. continues to fail in the fulfillment of its obligations. The notice of default must contain a detailed description of the shortcoming, so that Socials Agency is given the opportunity to respond adequately.

9.6 The condition for the existence of any right to compensation is that the client has received the damage

96 hours after its occurrence in writing to Socials Agency.

9.7 The provisions of this article as well as all other limitations and exclusions of liability stated in these general terms and conditions also apply to the benefit of all (legal) persons used by Socials Agency in the execution of the agreement.

Article 10: Force majeure

10.1 Neither party is obliged to fulfill any obligation if it is prevented from doing so as a result of force majeure, i.e.: a shortcoming that cannot be attributed to one of the parties and is not due to its fault, nor is it is his responsibility under the law, legal acts or in society. In the event of force majeure, the party in question will inform the other party in writing, stating the cause, the nature, the expected duration of the force majeure and the provisions of the agreement that cannot be fulfilled as a result. The implementation of the relevant provisions will be suspended during the force majeure.

10.2 Force majeure also includes: (I) force majeure of suppliers of Socials Agency (II) defectiveness of goods, equipment, software or materials from third parties, the use of which has been prescribed to Socials Agency by the client, (III) government measures, (IIII) electricity failure , disruption of the Internet, computer network or telecommunications facilities, (IIII) war, work occupation, strike and general transport problems.

10.3 If the force majeure situation lasts longer than two months, the parties will try to reach an agreement on amending the provision(s) of the agreement that has been suspended due to force majeure. In the absence of such an agreement within one month, either party may terminate this agreement without being liable to pay any compensation to the other party. However, Socials Agency reserves the right to payment for goods already delivered, work performed and/or services provided.

Article 11: Changes and additional work

11.1 If, at the request or with the prior consent of the client, Socials Agency has carried out work or other performance that falls outside the content or scope of the agreed work and/or performance, this work or performance will be reimbursed by the client in accordance with the agreed rates and, in the absence of thereof according to the usual rates of Socials Agency. Socials Agency is never obliged to comply with such a request and it may require that a separate written agreement be concluded for this purpose.

11.2 Work or performance as referred to in this article may influence the agreed or expected time of completion of the services and the mutual responsibilities of the parties. The fact that (the demand for) additional work arises during the execution of the agreement is never grounds for the client to terminate or dissolve the agreement.

11.3 Socials Agency will inform the client about the financial consequences of the additional work or performance as referred to in this article.

Article 12: Indemnity

The client indemnifies Socials Agency against any claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to parties other than Socials Agency. If Socials Agency is held liable by third parties for this reason, the client is obliged to assist Socials Agency both extrajudicially and legally and to immediately do everything that may be expected of him in that case.

If the client fails to take adequate measures, Socials Agency is entitled to do so itself without notice of default.

All costs and damage incurred by Socials Agency and third parties as a result are entirely at the expense and risk of the client.

Article 13: Applicable law and disputes

13.1 The court in the Assen district has exclusive jurisdiction to hear disputes arising from or related to agreements between Socials Agency and the client.

13.2 Parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.