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1. SERVICE OFFERINGS

1.1 Available Services

  • ▶ PMF Audit (€1,000): 2-day intensive validation audit with customer interviews and market analysis
  • ▶ Prototype Creation (€5,000): 2-week prototype build with customer feedback integration
  • ▶ Full Launch Package (€15,000): 6-week end-to-end launch including strategy, execution, and optimization
  • ▶ Marketing Done For You (€1,000/day): Daily tactical marketing execution and channel optimization
  • ▶ Scaling CMO (€2,500/day): Strategic fractional CMO services with implementation oversight
  • ▶ Marketing Department (€5,000/day): Complete marketing team building and system architecture

1.2 Service Scope & Deliverables

  • ▶ Specific deliverables defined in Statement of Work prior to engagement
  • ▶ Services provided on best-effort basis with professional standards applied
  • ▶ No performance guarantees or ROI commitments included in standard services
  • ▶ Results depend on client implementation quality, market conditions, and external factors

2. PAYMENT TERMS & INVOICING

2.1 Pricing & Payment

  • ▶ All prices stated excluding VAT (21% Dutch VAT applies)
  • ▶ 50% deposit required to confirm engagement and reserve dates
  • ▶ Remaining balance due upon invoice (14-day payment terms)
  • ▶ Retainer services billed monthly in advance
  • ▶ Late payment interest: Dutch statutory commercial interest rate plus 2%
  • ▶ Administrative fee of €40 per payment reminder

2.2 Cancellation & Refund Policy

  • ▶ Cancellations 14+ days before start: Full refund of deposit
  • ▶ Cancellations 7-13 days before start: 50% deposit retained
  • ▶ Cancellations less than 7 days: Deposit forfeited
  • ▶ Early termination of retainer services: 30% of remaining contract value applies

3. INTELLECTUAL PROPERTY & CONFIDENTIALITY

3.1 IP Rights

  • ▶ All proprietary frameworks, methodologies, and systems remain exclusive property of Marketing Upgrade
  • ▶ Client receives non-transferable license for specific engagement only
  • ▶ Campaign outputs (copy, designs, strategies) are client property
  • ▶ Unauthorized sharing of proprietary methods: €25,000 liquidated damages per incident

3.2 Confidentiality

  • ▶ Mutual NDA applies to all engagements (5-year post-termination)
  • ▶ Client case studies require written approval before publication
  • ▶ Non-circumvention: Client cannot hire Marketing Upgrade staff for 12 months post-engagement
  • ▶ Non-circumvention: Client cannot directly engage subcontractors for 24 months

4. LIABILITY & DISCLAIMERS

4.1 Limitation of Liability

  • ▶ Total liability capped at 100% of fees paid in preceding 6 months
  • ▶ No liability for indirect, consequential, special, or punitive damages
  • ▶ Claims must be notified within 14 days with specific documentation
  • ▶ All claims expire 12 months after service delivery

4.2 Service Disclaimers

  • ▶ No guarantee of specific results, revenue, or ROI
  • ▶ Market conditions, competition, and client execution affect outcomes
  • ▶ Past client results do not guarantee future performance
  • ▶ Services provided "as-is" without warranties beyond professional standards

5. DATA PROTECTION & PRIVACY

5.1 GDPR Compliance

  • ▶ Data processing limited to contractual necessity and legitimate interests
  • ▶ Processing purposes: service delivery, communication, legal compliance
  • ▶ Client data deleted 90 days after contract termination
  • ▶ Cross-border transfers secured through Standard Contractual Clauses

5.2 Client Responsibilities

  • ▶ Client warrants lawful basis for sharing any customer data
  • ▶ Client responsible for accuracy of all information provided
  • ▶ Client indemnifies Marketing Upgrade against data ownership claims
  • ▶ For full details, see our Privacy Policy

6. DISPUTE RESOLUTION & GOVERNING LAW

6.1 Dispute Resolution

  • ▶ Step 1: Written notice with 14-day resolution period
  • ▶ Step 2: Executive-level negotiation (7 days)
  • ▶ Step 3: Mandatory mediation in Zeist, Netherlands
  • ▶ Step 4: Binding arbitration under Dutch Arbitration Institute rules

6.2 Governing Law

  • ▶ Dutch law exclusively governs all aspects of the relationship
  • ▶ Den Haag courts maintain exclusive jurisdiction
  • ▶ No class actions permitted; disputes handled individually

CONTACT INFORMATION

Marketing Upgrade

Company Registration No.: 77166000

VAT: NL003157140B23

Email: [email protected]

Based in the Netherlands (CET)

Last Updated: December 21, 2025