General Terms and Conditions of Miketing®

Article 1. Definitions

Miketing: Registered in Leiden, operating from Albatera (Spain), Chamber of Commerce no. 51608405, provider of these terms and conditions. Client: Any individual or legal entity purchasing products or services from Miketing. Agreement: Any arrangement between Miketing and the Client concerning the delivery of products or services. Written: Includes not only paper documents but also email and other digital communications.

Article 2. Applicability and Formation

These terms apply to all offers, agreements, services, and deliveries from Miketing, unless explicitly agreed otherwise in writing. Deviations are only binding if confirmed in writing. Any general terms of the Client are expressly excluded.

Article 3. Offers and Prices

All offers by Miketing are non-binding and valid for a maximum of 30 days, unless stated otherwise. Prices are exclusive of VAT, travel expenses, (external) licenses, or third-party costs, unless agreed differently. Obvious errors or typos in offers or on the website are not binding for Miketing.

Article 4. Formation of the Agreement

An agreement is established once Miketing confirms the order in writing or begins work. Verbal promises are only binding if confirmed in writing.

Article 5. Execution of the Assignment

Miketing will carry out the work professionally, carefully, and in accordance with agreed terms. The Client must provide all necessary information, materials, passwords, etc., on time. Any work or changes beyond the original scope will be considered additional work and charged separately.

Article 6. Deadlines, Delivery and Acceptance

Delivery deadlines are indicative and not strict deadlines. For web design projects, a testing and acceptance period of 7 days applies after delivery. Complaints must be submitted within this period. Minor issues that do not affect core functionality cannot be used to refuse delivery.

Article 7. Social Media Management & Online Advertising

Miketing manages and places content/campaigns based on the agreed planning and budget. Miketing is not liable for disruptions or limitations on third-party platforms (e.g. Facebook, Google, Instagram). The Client remains responsible for content; any content provided by the Client is published at their own risk. Advertising budgets are paid directly by the Client to the relevant platform, unless agreed otherwise in writing.

Article 8. Invoicing & Payment

Invoices are issued according to agreed terms (one-time, monthly, or per milestone). Payment must be made within 14 days of the invoice date. If payment is late, the Client is automatically in default, and Miketing may suspend or terminate services. Delivered (partial) services remain the property of Miketing until paid in full.

Article 9. Intellectual Property

All content, code, designs, advice, or documents created by Miketing remain its intellectual property, unless explicitly transferred in writing. Upon full payment, the Client receives a (non-exclusive) right to use the deliverables for internal business purposes. It is not permitted to sell, reproduce, distribute, or commercially exploit any part of the work without written consent.

Article 10. Confidentiality

Both parties agree to treat confidential information obtained through the collaboration with discretion. Information is considered confidential if labeled as such or if its nature implies confidentiality.

Article 11. Liability & Indemnification

Miketing’s liability is limited to the amount paid by the Client for the relevant (part of the) assignment. Miketing is not liable for indirect damages, lost profits, missed savings, or business interruptions. The Client indemnifies Miketing against claims from third parties arising from incorrect or unlawful use of content, data, or materials provided by the Client.

Article 12. Data Protection and Privacy

Miketing processes personal data in line with its privacy policy and GDPR requirements. By working with Miketing, the Client agrees to this processing as described in the privacy policy.

Article 13. Force Majeure

In case of force majeure (e.g. system outages, government measures, network problems with suppliers), Miketing may suspend or terminate the agreement without liability. If the situation lasts more than 30 days, both parties may terminate the agreement in writing.

Article 14. Cancellation and Termination

Either party may cancel the agreement in writing with one calendar month’s notice, unless otherwise agreed. In case of early termination, the Client must pay for all work done and costs incurred up to that point.

Article 15. Changes & Applicable Law

Miketing reserves the right to change these terms. The latest version is always available at www.miketing.eu. All agreements are governed by Dutch law (or Spanish law in case of Spanish-only Clients). Any disputes will be submitted to the competent court where Miketing is registered.

Final Clause

By engaging Miketing or entering into an agreement, the Client agrees to these terms and conditions.