LEGAL NOTICE & SERVICE TERMS

1. SERVICE OFFERINGS

1.1 Available Services

  • ▶ I work in project sprints of 2 to 6 weeks, interim leadership of 3 to 12 months, and fractional ongoing work.
  • ▶ Fees run from EUR 5,000 to EUR 25,000 per month, in monthly cycles with a 30-day exit clause.

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
  • ▶ Engagements run in monthly cycles with a 30-day exit clause.

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

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 Data protection

  • ▶ Data processing limited to contractual necessity and legitimate interests
  • ▶ Processing purposes: service delivery, communication, legal compliance
  • ▶ Retention periods and international transfers are set out in the Privacy Policy

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 the 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 Utrecht, 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

Anima Cloud Efflux, trading as MarketingUpgrade.pro

Company Registration No.: 77166000

VAT: NL003157140B23

Email: hi@marketingupgrade.pro

Based in Utrecht, the Netherlands (CET)

Last Updated: October 7, 2026