Terms and conditions
1. Who we are
These terms belong to MIJU Marketing, established at Herengracht 320 in Amsterdam and registered with the Dutch Chamber of Commerce under number 92454933. In these terms we refer to ourselves as MIJU and to the other party as the client.
2. When these terms apply
These terms apply to every proposal, every assignment and every agreement between MIJU and the client. Deviations apply only if we have recorded them in writing. The purchasing terms of the client do not apply.
3. Proposal and agreement
A proposal is without obligation and valid for the period stated in it, or failing that for fourteen days. The agreement comes into effect as soon as the client accepts the proposal in writing or by email, or as soon as MIJU begins performance with the client’s consent.
4. Performance
MIJU performs the assignment to the best of its insight and ability. This is an obligation of effort, unless a result has been expressly promised in the proposal. MIJU may have parts of the assignment carried out by third parties.
5. Cooperation by the client
The client provides in good time all information, access and materials that MIJU needs, including access to accounts, imagery and brand guidelines. The client gives feedback within the period stated in the proposal. If performance is delayed because the client does not deliver or respond in time, the schedule shifts and additional costs may be charged.
6. Term and termination
An engagement is entered into for the period stated in the proposal. Interim termination is not possible unless otherwise agreed. After it ends, the collaboration may be extended by mutual agreement. Termination takes place in writing or by email, observing the notice period stated in the proposal.
7. Rates and payment
All amounts exclude VAT and exclude media budget, advertising costs and third-party software costs. Invoices are sent in advance per period and must be paid within fourteen days. In the event of late payment, MIJU may suspend the work and charge statutory commercial interest and collection costs.
8. Performance commitments
If the proposal includes a performance commitment or guarantee, the conditions described there apply, including the measurement method used, the measurement period and the comparison period. Measurement takes place in the client’s account. A performance commitment lapses if the client does not provide the agreed cooperation, makes changes that affect the measurement, or substantially changes the offer, the prices or the website during the engagement.
9. Intellectual property
After payment in full, the client receives the right to use the texts, designs and campaigns made for them. MIJU retains the right to show the work produced in its own portfolio and in its own marketing, unless agreed otherwise in writing. Underlying methods, templates and models remain the property of MIJU.
10. Confidentiality
Both parties treat information they receive from each other as confidential and use it solely for performing the assignment.
11. Liability
MIJU is not liable for indirect damage, including lost profit and lost revenue. MIJU’s liability per event is limited to the amount the client paid to MIJU in the three months preceding the event. This limitation does not apply in the case of intent or deliberate recklessness.
12. Force majeure
In the event of force majeure, obligations are suspended. Force majeure includes outages or policy changes at third-party platforms, such as advertising and email platforms.
13. Complaints
The client reports complaints about the work delivered within fourteen days of delivery, in writing and describing the defect. MIJU is given the opportunity to remedy the defect.
14. Governing law
Dutch law applies to all agreements. Disputes are submitted to the competent court in the district of Amsterdam.