Terms & conditions

Details

Email: info@optimzd.io
Phone: +31 27 46 61 47
Address: Vogt 21, 6422 RK Heerlen, Nederland
Chamber of Commerce number: 9167161
VAT number: NL004907179B47
Website: https://www.optimzd.io

Article 1. Definitions

In these general terms and conditions, the following definitions shall apply:

• General Terms and Conditions: The present provisions of Optimzd.
• Optimzd: The service provider, located at Vogt 21, 6422 RK Heerlen.
• Client: The natural or legal person who enters into an Agreement with Optimzd.
• Agreement: The agreement between Optimzd and the Client, which sets out the Services or Products to be provided.
• Services: All services provided by Optimzd as described in the Agreement, including but not limited to online advertising, consultancy, and data analysis.
• Products: All items or digital deliverables provided.
• Quotation: A written offer from Optimzd.
• Intellectual Property Rights: All intellectual property rights including copyrights, trademark rights, database rights, design rights, patents, and know-how.
• Confidential Information: All information marked as confidential or which can reasonably be deemed confidential.
• Delivery: The moment when the work is approved, put into use, or 7 days have passed after delivery notice without response.
• Business Client: The client acting in the course of a profession or business.

Article 2. Applicability

2.1 These General Terms and Conditions apply to all offers, agreements, and services of Optimzd.
2.2 Deviations are only valid if agreed in writing.
2.3 General terms and conditions of the Client are expressly excluded.
2.4 If additional conditions apply to specific services, those shall also apply.

Article 3. Conclusion of the Agreement

3.1 Quotations from Optimzd are non-binding and valid for 30 days.
3.2 An Agreement is established after written or verbal acceptance by the Client, or by performance without objection.

Article 4. Execution of the Agreement

4.1 Optimzd will begin after confirmation or on the agreed date.
4.2 The Client is responsible for providing correct information in a timely manner.
4.3 Optimzd may engage third parties and is not obliged to work with third parties provided by the Client.
4.4 Delayed delivery does not entitle the Client to compensation.

Article 5. Duration and Termination

5.1 The duration is as specified in the Agreement. If not specified, a 3-month initial term applies with automatic monthly renewal.
5.2 Business Clients must give 1 month's notice to terminate.
5.3 Upon early termination, the full agreed fee remains due, minus any saved costs.
5.4 Optimzd may immediately terminate the Agreement in case of default, bankruptcy, or business discontinuation.

Article 6. Price and Payment

6.1 All prices are excluding VAT.
6.2 Payment must be made within 14 days of the invoice date.
6.3 Optimzd may revise rates annually with at least 2 months' notice.
6.4 Late payment entitles Optimzd to suspend services, with all collection costs borne by the Client.

Article 7. Retention of Title

7.1 All delivered items remain the property of Optimzd until full payment is received.

Article 8. Client Obligations

8.1 The Client must provide all necessary data and access on time.
8.2 The Client guarantees the accuracy of provided materials and indemnifies Optimzd from third-party claims.
8.3 Created content is deemed accepted unless changes are communicated within 14 days.
8.4 The Client is responsible for compliance with platform guidelines (Google, Meta, Microsoft, etc.).

Article 9. Additional Work

9.1 Additional work will be invoiced separately if it incurs extra costs.
9.2 It may cause delays in Delivery.
9.3 Optimzd reserves the right to refuse additional work requests.

Article 10. Delivery and Timelines

10.1 Delivery times are indicative.
10.2 Ownership rights remain with Optimzd until full payment is received.

Article 11. Intellectual Property

11.1 All IP rights remain the property of Optimzd.
11.2 Reproduction or publication of Optimzd material without written permission is prohibited.

Article 12. Confidentiality

12.1 Both parties will treat information as confidential, even after collaboration ends.
12.2 Breach results in an immediate penalty of €5,000, in addition to any claim for damages.

Article 13. Liability

13.1 Applies only to Business Clients.
13.2 Optimzd's liability is limited to direct damage, capped at the invoice amount, with a maximum of €5,000.
13.3 Optimzd is not liable for indirect or consequential damages.
13.4 Claims expire if not reported in writing within 1 month of discovery.
13.5 Optimzd is not liable in cases of force majeure.

Article 14. Online Advertising

14.1 Services are provided on a best-effort basis. Results are pursued but not guaranteed.
14.2 Ad spend is paid directly to platforms (Google, Meta, Microsoft) unless agreed otherwise.
14.3 Monthly agreed hours cannot be transferred to the next month.
14.4 Budget changes may require a revision of the agreed hours.
14.5 Optimzd is not liable for platform behavior, policies, or downtime due to updates or maintenance.

Article 15. Miscellaneous Provisions

15.1 Optimzd may use the collaboration as a reference, unless agreed otherwise.
15.2 Statistical results may be shared anonymously.
15.3 Complaints must be submitted in a timely and written manner and do not suspend payment obligations.

Article 16. Amendments

Optimzd may modify these terms with 30 days' notice. Minor changes may be implemented without notice.

Article 17. Final Provisions

17.1 Dutch law applies to the Agreement.
17.2 Disputes shall be submitted to the competent court in Optimzd's place of establishment.
17.3 If a provision proves invalid, the remainder of the terms remain in force.
17.4 Optimzd may transfer its rights and obligations to a third party in the event of a business succession.