Marketing Upgrade

1. Risk Allocation
1.1 Performance-Based Contract StructureThe "No ROI = No Invoice" guarantee represents a legally binding performance contract
ROI metrics must be pre-established in writing with specific KPIs, measurement methodologies, and evaluation timeframes.
Client acknowledges that implementation timeline alterations void the guarantee clause.
MarketingUpgrade.pro reserves the right to terminate performance contracts with 14-day notice if client actions materially obstruct implementation.1.2 Intellectual PropertyAll frameworks, methodologies, strategies, and proprietary systems ("Knowledge Assets") remain the exclusive property of MarketingUpgrade.pro
Implementation of Knowledge Assets grants a non-transferable, non-exclusive license to the client for the specific business entity named in the contract.
Unauthorized sharing, reproduction, or distribution of Knowledge Assets constitutes material breach with liquidated damages of €25,000 per incident.
Client retains ownership of specific campaign outputs but not underlying methodologies.2. Engagement Parameters & Implementation Protocols
2.1 Service ClassificationStrategy Session (€121 incl. VAT): Diagnostic consultation with no implementation obligation.
Marketing Operations (€1,000/day excl. VAT): Tactical execution with performance tracking.
Scaling CMO (€2,500/day excl. VAT): Strategic oversight with implementation frameworks.
Marketing Department (€5,000/day excl. VAT): Complete system architecture and team development.2.2 Contractual Formalization RequirementsElectronic acceptance constitutes legally binding agreement under Dutch law.
No oral modifications permitted; all changes require written amendment.
Service commencement requires signed Statement of Work with defined deliverables.
Early termination fee: 30% of remaining contract value unless performance guarantee conditions apply.3. Liability Limitation
3.1 Risk Containment MechanismsTotal liability cap: 100% of fees paid within preceding 6 months.
Exclusion of all consequential, indirect, special, punitive, and incidental damages.
14-day notification requirement for any potential claim with specific documentation requirements.
Time limitation: All claims expire 12 months after service delivery.3.2 Performance Guarantee Conditions"No ROI = No Invoice" applies only when:Client implements all recommended strategies without material alteration
Client provides all requested information within 48 hours of request.
Client maintains minimum implementation velocity as defined in Statement of Work.
External market conditions remain within standard deviation ranges.
Client has not breached any payment terms on previous invoices.4. Data Protection & Privacy Infrastructure
4.1 GDPR ComplianceData processing activities limited to contractual necessity and legitimate business interests.
Processing purposes: client communication, service delivery, legal compliance.
Cross-border transfers secured through Standard Contractual Clauses.
Client authorizes processing of business contact information for direct marketing of relevant services.
Data minimization principles applied: only business-necessary information collected.4.2 Client Data ObligationsClient warrants they possess lawful basis for sharing any customer data with MarketingUpgrade.pro
Client indemnifies MarketingUpgrade.pro against third-party claims regarding data ownership.
Client responsible for accuracy of all information provided.
MarketingUpgrade.pro maintains right to delete client data 90 days after contract termination.5. Payment Terms & Financial
5.1 Invoicing FrameworkAll prices stated excluding VAT unless explicitly indicated
50% deposit required prior to commencement of services.
Monthly invoicing cycle with 14-day payment terms
Late payment interest: Dutch statutory commercial interest rate plus 2%
Administrative fee of €40 for each payment reminder5.2 Performance Guarantee ImplementationROI verification period: minimum 90 days from implementation
Client must provide access to relevant analytics platforms for verification.
Disputed ROI calculations resolved through independent third-party audit at shared cost.
Client acknowledges that market volatility beyond reasonable control may impact results.6. Dispute Resolution
6.1 Escalation ProtocolStep 1: Written notification with 14-day resolution period.
Step 2: Executive-level negotiation (7 days).
Step 3: Mandatory mediation in Zeist.
Step 4: Binding arbitration under Dutch Arbitration Institute rules.6.2 Governing LawDutch law exclusively governs all aspects of relationship.
Den Haag courts maintain exclusive jurisdiction.
No class actions permitted; disputes handled individually.
Alternative dispute resolution required before court proceedings.7. Confidentiality
7.1 Information ProtectionMutual NDA incorporated by reference into all engagements.
5-year post-termination confidentiality obligation.
Client case studies require written approval before publication.
Competitive exclusivity available for additional fee (industry-dependent).7.2 Non-CircumventionClient prohibited from directly engaging MarketingUpgrade.pro's subcontractors for 24 months.
Client prohibited from hiring MarketingUpgrade.pro staff for 12 months post-engagement.
Liquidated damages: 6 months of contractor/employee compensation.8. Force Majeure & Business Continuity
8.1 Disruption ResponsePerformance timelines extended during force majeure events.
Virtual delivery options maintained for business continuity.
60-day suspension right with subsequent termination option.
Material adverse market changes may trigger renegotiation rights.9. Acceptance & Implementation
By engaging with MarketingUpgrade.pro through any channel, submitting information through forms, or purchasing services, you acknowledge complete acceptance of these terms.Contact InformationMarketingUpgrade.proAn Anima Cloud Efflux CompanyCompany Registration No.: 77166000
VAT: NL003157140B23
IBAN: NL33BUNQ2082551350Based in the Netherlands (CET)
Last Updated: April 8, 2025This agreement activates immediately upon any engagement with MarketingUpgrade.pro and supersedes all previous agreements.© 2025 MarketingUpgrade.pro. All rights reserved.

1. Information Collection
MarketingUpgrade.pro ("we," "us," or "our") implements the following data acquisition system:
1.1 Direct Collection MechanismsContact information provided through forms
Business details shared during strategy sessions
Implementation metrics for ROI verification
Marketing analytics for performance tracking
Communication preferences and feedback1.2 Automated CollectionWebsite interaction patterns via cookies
Service usage analytics
Implementation velocity metrics
Performance tracking protocols
Technical information (device, browser, location)2. Strategic Information Utilization
2.1 Implementation Purpose
We process your information to:Deliver requested services with maximum implementation velocity
Verify ROI for performance-based agreements
Enhance the revenue systems we build for clients
Communicate essential implementation updates
Protect our intellectual property and business systems
Fulfill legal obligations and defend legitimate interests2.2 Legal Basis
Our processing activities rely on:Contract performance necessity
Legitimate business interests
Legal compliance requirements
Consent where specifically required3. Information Sharing
3.1 Controlled Distribution
We share information only with:Service providers under strict data processing agreements
Implementation partners necessary for service delivery
Legal authorities when legally required
Third parties with your explicit consent3.2 Categorical Protection
We will never sell, rent, or share:Your strategic business information
Proprietary marketing systems
Competitive intelligence
Implementation methodologies4. Strategic Data Protection
4.1 Security Implementation
We protect your information through:Enterprise-grade encryption
Access control architecture
Regular security assessments
Employee confidentiality protocols
Breach detection systems4.2 Retention Optimization
We retain information based on:Service delivery requirements
ROI verification needs
Pattern recognition value
Legal compliance obligations
Defense against potential claims5. Your Rights Implementation
5.1 Control
You maintain the right to:Access your information
Correct inaccuracies
Request deletion (subject to legal requirements)
Restrict certain processing activities
Data portability where applicable
Object to specific uses5.2 Implementation Process
To exercise these rights:Email hi@marketingupgrade.pro with your specific request
Verify your identity through our security protocol
Allow up to 30 days for implementation
Receive confirmation of completed actions6. Cookie Implementation
6.1 Strategic Classification
We utilize:Essential cookies: Required for core functionality
Performance cookies: Optimize service delivery
Functional cookies: Enhance user experience
Analytics cookies: Measure implementation effectiveness
Marketing cookies: Track conversion systems6.2 Management System
Control your preferences through:Initial consent mechanism
Cookie preference center in site footer
Browser-level cookie controls7. International Transfer Safeguards
7.1 Cross-Border Protection Mechanisms
When transferring data outside the EU:We prioritize EU-based processing
Implement Standard Contractual Clauses
Verify adequate protection measures
Conduct regular security assessments8. Children's Information Protection Protocol
Our services are exclusively designed for business entities and professionals over 18 years. We do not knowingly collect information from minors.
9. Policy Evolution
9.1 Update Methodology
We may revise this policy to:Reflect service enhancements
Adapt to regulatory changes
Optimize protection mechanisms
Increase implementation clarity9.2 Communication Protocol
For material changes:Email notification to active clients
30-day notice when possible
Clear summary of adjustments
Updated effective date
ContactFor all privacy matters: hi@marketingupgrade.proMarketingUpgrade.proAn Anima Cloud Efflux Company
Company Registration No.: 77166000
VAT: NL003157140B23
Based in the Netherlands (CET)Implementation Velocity: This privacy framework activates immediately upon your engagement with MarketingUpgrade.pro.Last Updated: April 8, 2025
© 2025 MarketingUpgrade.pro. All rights reserved.