Terms and Conditions
Article 1 – Definitions
The following definitions are used in these terms and conditions:
General Terms and Conditions: the general terms and conditions of ClickBack Digital.
Subscription: an agreement for the (in many cases periodic) provision of services by ClickBack Digital.
The Subscriber: the legal entity or natural person acting for purposes related to his trade, craft or profession, who enters into the Agreement with or requests a quotation from ClickBack Digital.
Services: activities to be performed periodically by ClickBack Digital for the Subscriber on the basis of a (long-term) Agreement in connection with (internet) marketing in the broadest sense of the word.
Agreement: any agreement concerning the performance of (internet) marketing activities in the broadest sense of the word by ClickBack Digital for the Subscriber for the agreed period and in return for payment of the agreed (subscription) fee, regardless of the frequency of the work and the method of delivery, including any
amendments and supplements thereto. The Agreement consists of these General Terms and Conditions. In the event of any conflict with the Agreement or specific product terms, these General Terms and Conditions shall prevail.
Parties: ClickBack Digital, trading as ClickBack Digital, and The Subscriber.. Website: www.clickbackdigital.com
Article 2 – Applicability
2.1 These General Terms and Conditions apply to, and form an integral part of, all Agreements between the Parties and all quotes or offers issued by ClickBack Digital, excluding any (general) purchasing or other terms and conditions used by the Subscriber. If and in the event that the Subscriber’s terms and conditions do apply,
these General Terms and Conditions shall prevail at all times.
2.2 In the event that these General Terms and Conditions have once applied to a legal relationship between ClickBack Digital and the Subscriber, the Subscriber is deemed to have agreed in advance to the applicability of these General Terms and Conditions to all Agreements concluded and to be concluded thereafter.
2.3 ClickBack Digital is entitled to amend or supplement these Terms and Conditions. Amendments or supplements will be communicated to the Subscriber in writing. The amended version of the Terms and Conditions will become part of any Agreement concluded after the date of amendment.
2.4 Before an Agreement is concluded, the text of these General Terms and Conditions will be made available to the Subscriber either by handing it over or by making it available electronically (via the Website).
Article 3 – The offer
3.1 Quotations and offers from ClickBack Digital are revocable, non-binding, and valid for the period specified therein. If no period is specified, the quotation or offer is valid for 7 days after the date it was issued.
3.2 The offer contains a complete and accurate description of the Services offered. The description is sufficiently detailed to enable the Subscriber to properly assess the offer. Obvious errors or mistakes in the offer are not binding on ClickBack Digital.
3.3 Each offer contains such information that it is clear to the Subscriber what rights and obligations are associated with accepting the offer.
3.4 If a quotation or offer from ClickBack Digital is accepted by the Subscriber, ClickBack Digital reserves the right to revoke the quotation or offer within two working days of becoming aware of it.
Article 4 – Agreement
4.1 An Agreement is only concluded upon written acceptance by ClickBack Digital, including electronic/email, of an application form submitted by the Subscriber, or upon signature of an Agreement by both Parties. ClickBack Digital may be represented by a representative.
4.2 ClickBack Digital may, within legal frameworks, investigate whether the Subscriber can meet its payment obligations, as well as all facts and factors relevant to responsibly entering into an Agreement. If, based on this investigation, ClickBack Digital has good reason not to enter into the Agreement, it is entitled to reject the Subscriber’s application or to impose special conditions on its execution.
Article 5. Price, rates, payment terms and collection costs
5.1 The prices charged by ClickBack Digital are exclusive of sales tax and other government levies.
5.2 Payment to ClickBack Digital will be made based on an invoice sent by or on behalf of ClickBack Digital. Payment of an invoice must be made within 14 days of the invoice date, unless otherwise agreed in writing. ClickBack Digital reserves the right to request advance payment, cash payment, or security for payment from the Subscriber.
5.3 All payments by the Subscriber to ClickBack Digital will be deducted from the Subscriber’s oldest outstanding invoices (excluding any interest and costs).
5.4 Payment terms are final. In the event of late payment, the Subscriber will automatically be in default without notice or formal notice, and ClickBack Digital will block the service.
5.5 If there are statutory rate increases, including those of sales tax, ClickBack Digital is entitled to implement these at any time and without delay.
5.6 The Subscriber is not entitled to suspend or offset payments due to alleged shortcomings by ClickBack Digital.
5.7 ClickBack Digital may change the prices of its Services. Unless otherwise agreed, a price change takes effect immediately.
5.8 The Subscriber shall immediately report any inaccuracies or omissions in payment details provided or stated to ClickBack Digital.
5.9 If the Subscriber has not paid for three months, ClickBack Digital is entitled to demand payment of all outstanding and future monthly installments of the agreement at once.
Article 6. Duration, termination and extension
6.1 Unless otherwise agreed, the Agreement has a term of 24 months. The effective date is the start of the subscription period, as stated in the Agreement. The Agreement cannot be canceled prematurely.
6.2 After the period referred to in Article 6.1 expires, the Agreement will be tacitly renewed for the same period each time. The Subscriber may terminate the Agreement in writing (by letter or email) at the end of the agreed period, subject to three months’ notice.
6.3 The burden of proof and the associated risk of termination lies solely with the Subscriber.
Article 7. Compliance with the Agreement
7.1 ClickBack Digital will make every reasonable effort to ensure that its services comply with the Agreement, the specifications stated in the offer, and reasonable requirements of soundness and/or usability. Given the nature of the work and ClickBack Digital’s creative freedom, this is an obligation of best efforts, not an obligation of results with regard to expected results.
7.2 ClickBack Digital has the right to engage third parties to enter into or execute the Agreement. ClickBack Digital may transfer the rights and obligations arising from the Agreement with the Subscriber to a third party. The Subscriber’s consent is not required for this.
7.3 ClickBack Digital is not obligated to fulfill any obligation to the Subscriber if it is prevented from doing so due to a circumstance beyond its control and for which it is not responsible under law, a legal act, or generally accepted standards (force majeure). Force majeure also includes the failure to fulfill obligations by ClickBack Digital’s suppliers.
7.4 ClickBack Digital has the right to suspend its obligations under the Agreement for the duration of the force majeure event. If a force majeure situation lasts longer than thirty days, the Parties have the right to terminate the Agreement in writing. The risk and burden of proof for the correct exercise of the right of termination lie with the terminating Party. Any performance already performed under the Agreement will in that case be settled pro rata.
7.5 If ClickBack Digital at any time does not invoke any right or power to which it is entitled under the Agreement or by law, this does not constitute a waiver of that right or power.
Article 8. Obligations of the Subscriber
8.1 The Subscriber shall make every reasonable effort to provide ClickBack Digital with all information requested by ClickBack Digital in connection with the performance of the Agreement in a timely and complete manner.
Article 9. Terms
9.1 All deadlines stated or agreed upon by ClickBack Digital are determined to the best of ClickBack Digital‘s knowledge and belief, based on the information available to ClickBack Digital at the time the agreement was concluded. ClickBack Digital will endeavor to adhere to agreed deadlines as much as possible. The mere exceeding of a stated or agreed deadline does not constitute default by ClickBack Digital.
9.2 ClickBack Digital is not bound by any delivery deadline, whether final or not, that cannot be met due to circumstances beyond its control that arose after the Agreement was concluded. ClickBack Digital is also not bound by any delivery deadline, whether final or not, if the Parties have agreed to a change in the content or scope of the Agreement.
9.3 If there is a risk of exceeding any term, ClickBack Digital and the Subscriber will enter into consultation as soon as possible.
9.4 If a delivery deadline is exceeded, the Subscriber must notify ClickBack Digital in writing of the default, granting ClickBack Digital a reasonable period within which to deliver. This period is at least thirty days.
Article 10. Processing of personal data
10.1 ClickBack Digital processes the Subscriber’s personal data if and to the extent necessary for entering into or executing an Agreement. To the extent necessary, the Subscriber unambiguously consents to the processing of personal data by entering into an Agreement with ClickBack Digital or by agreeing to these Terms and Conditions.
10.2 The Subscriber has the right to access, change, or delete their personal data at any time, in accordance with applicable legal regulations. For this purpose, the Subscriber can contact ClickBack Digital via email at info@clickbackdigital.com.
Article 11. Complaints
11.1 Comments or complaints about the Agreement and/or the services provided by ClickBack Digital must be submitted to ClickBack Digital within seven days of the complaint arising and becoming known, via email at info@clickbackdigital.nl. Failure to do so within the specified period will result in the forfeiture of any claim against ClickBack Digital.
11.2 A notice of default must contain as detailed a description of the shortcoming as possible, so that ClickBack Digital can respond adequately.
11.3 ClickBack Digital will respond to a complaint within a reasonable period; an attempt will be made to do so within two weeks.
Article 12. Liability
12.1 ClickBack Digital‘s total liability for an attributable failure to perform the Agreement, whether due to tort or otherwise, is limited to compensation for direct damage up to a maximum of the insured sum or the amount paid or should have been paid to ClickBack Digital by the Subscriber for the relevant Service under the Agreement.
12.2 In no event shall ClickBack Digital‘s total liability under the Agreement, on any grounds whatsoever, exceed €1,000.
12.3 Direct damage is understood to mean exclusively:
- reasonable costs incurred by the Subscriber to ensure that ClickBack Digital‘s performance complies with the Agreement;
- reasonable costs incurred to prevent or limit direct damage that could be expected as a result of the event for which liability rests;
- reasonable costs incurred to determine the cause of the damage, liability, direct damage and the method of repair.
12.4 Any liability of ClickBack Digital for damage other than direct damage, such as consequential damage, indirect damage, and immaterial damage, is entirely excluded.
12.5 This article does not in any way limit ClickBack Digital‘s liability for damage resulting from intent or deliberate recklessness on the part of ClickBack Digital itself or third parties engaged by it.
12.6 Any right to compensation is conditional upon the Subscriber reporting the damage in writing as soon as possible after it occurs and providing ClickBack Digital with a reasonable period to remedy the situation. The Subscriber bears the risk and burden of proof for reporting the damage.
12.7 Any right to compensation under this article shall lapse if the Subscriber does not make an unambiguous and written claim for compensation within one month of the date the damage first manifested itself. The risk and burden of proof for the claim for compensation lie with the Subscriber. Any performance already performed under the agreement will in that case be settled pro rata.
Article 13. Suspension and termination
13.1 ClickBack Digital is entitled to suspend the fulfillment of the obligations or to terminate the Agreement if:
- The Subscriber fails to fulfil or fails to fulfil the obligations arising from the Agreement;
- after the conclusion of the Agreement, ClickBack Digital becomes aware of circumstances that give good reason to fear that the Subscriber will not fulfil the obligations;
- if there are good reasons to fear that the Subscriber will only partially or not properly comply, suspension is only permitted to the extent that the shortcoming justifies it;
- circumstances arise that are of such a nature that performance of the Agreement is impossible or can no longer be reasonably expected; or
- if unaltered maintenance of the Agreement cannot reasonably be expected.
If the Agreement is terminated, ClickBack Digital‘s claims against the Subscriber shall become immediately due and payable. If ClickBack Digital suspends performance of its obligations, it retains its rights under the law and the Agreement.
13.2 In cases of bankruptcy, suspension of payments, debt restructuring, seizure, or inability to meet financial obligations, ClickBack Digital has the right to terminate the Agreement without judicial intervention.
13.3 Upon termination, the claims existing between the parties become immediately due and payable. The Subscriber will then be liable for any damages suffered by ClickBack Digital.
13.4 Amounts invoiced by ClickBack Digital before termination, for work already performed, remain due and payable.
13.5 Articles intended to continue after termination will remain in full force.
Article 14. Intellectual and industrial property
14.1 The Subscriber does not acquire any intellectual or industrial property rights regarding websites/webshops or configured software platforms unless otherwise agreed.
14.2 ClickBack Digital does not guarantee that the Services provided (e.g., stock photos on a website) do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.
Article 15. Landing pages
15.1 ClickBack Digital will develop several web pages, including the agreed-upon maximum number of landing pages optimized for search visibility.
15.2 Each page will target a specific theme and audience with the aim of driving action (sales, registration, contact).
15.3 Objectives, search terms, and key phrases will be set in consultation with ClickBack Digital. A professional copywriter will create short text. Any changes over 15% will require a new quote and invoice.
15.4 These landing pages do not replace an existing website. Optimization concerns textual content; design uses standardized formats adapted to the Subscriber’s sector.
Article 16. Hosting
ClickBack Digital agrees to host the website on partnering or its own servers. These servers provide public access via the internet. ClickBack Digital provides capacity, security, and software but cannot guarantee uninterrupted access or speed due to the nature of the internet. ClickBack Digital is not liable for telecommunications issues or internet outages beyond its control.
Article 17. Domain name
17.1 ClickBack Digital will manage domain name registration for the Subscriber.
17.2 ClickBack Digital is not obligated to assign a domain name, as this depends on the competent authorities and availability. The name is chosen in consultation with the Subscriber.
17.3 ClickBack Digital is not responsible if a domain name cannot be managed by it; the Subscriber still must fulfill the Agreement.
Article 18. SEO – Search Engine Optimization
18.1 ClickBack Digital will optimize the website/webshop for better indexing. Three keywords will form the SEO strategy, selected with the Subscriber.
18.2 The Subscriber accepts that SEO results cannot be guaranteed due to algorithm changes, competition, volume shifts, or past work. ClickBack Digital will make best efforts but no specific outcomes are promised.
