Terms and Conditions
Last Updated: 1st January 2025
These Terms and Conditions (hereinafter referred to as the “Terms”) govern the relationship between Mucho Bueno Marketing (hereinafter the “Agency,” “we,” “us,” or “our”) and any person or entity (“Client,” “you,” or “your”) who uses or purchases the Agency's social media marketing services. The Agency is located at 6c Driehoestraat, 1015 GL, Amsterdam, The Netherlands, and is registered under VAT number NL005101651B67.
Please read these Terms carefully before engaging our services. By commissioning or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
1. Definitions
1.1 Services: Refers to all social media marketing, consulting, creative, or related services provided by the Agency to the Client.
1.2 Deliverables: All materials, content, campaigns, reports, or other outputs produced by the Agency as part of the Services.
1.3 Agreement: Any contractual arrangement, whether written or verbal, whereby the Agency agrees to provide Services to the Client, subject to these Terms.
2. Scope of Services
2.1 The Agency shall provide social media marketing services, which may include but are not limited to content creation, scheduling, campaign management, advertising strategy, community management, analytics, and related advisory services.
2.2 Any additional services not expressly listed in a written proposal or statement of work will be subject to separate negotiation and pricing.
3. Acceptance of Terms
3.1 By commissioning or otherwise engaging our Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.
3.2 These Terms supersede any earlier agreements, proposals, or discussions (written or oral) relating to the same subject matter.
4. Client Obligations
4.1 Information & Access: The Client shall provide the Agency with all necessary information, brand assets, and access to social media accounts or other platforms needed for the Agency to carry out the Services effectively.
4.2 Approvals & Feedback: The Client shall review and approve Deliverables in a timely manner. Any delays in providing feedback or approval may affect the project timeline and/or incur additional fees.
4.3 Compliance: The Client shall ensure that all materials supplied to the Agency do not infringe any third-party rights and comply with all applicable laws, regulations, and advertising guidelines.
5. Fees and Payment
5.1 Fees: The fee structure shall be outlined in the proposal, statement of work, or as agreed upon in writing.
5.2 Invoices: Invoices will be issued as agreed, typically on a monthly or project milestone basis. Invoices are due within the payment term stated on the invoice, generally within 14 days of the invoice date unless otherwise agreed in writing.
5.3 Late Payment: Failure to pay any invoice by the due date may result in:
- Suspension of Services until full payment is received.
- Accrual of late payment interest in accordance with applicable Dutch law.
5.4 Expenses: Any out-of-pocket expenses (e.g., advertising spend, third-party licenses) will either be billed separately or prepaid by the Client, depending on the agreement.
6. Intellectual Property
6.1 Ownership: Unless otherwise agreed in writing, the Agency retains all intellectual property rights in any proprietary processes, software, templates, or methodologies used to deliver the Services.
6.2 Client Materials: Any materials provided by the Client remain the property of the Client. The Client grants the Agency a non-exclusive, royalty-free license to use such materials for the duration of the Services.
6.3 Deliverables: Ownership of final, paid-for Deliverables shall pass to the Client upon receipt of payment in full. Until such payment is made, the Deliverables remain the property of the Agency.
7. Confidentiality
7.1 Confidential Information: Both parties agree to keep confidential all information disclosed by the other party that is marked confidential or would reasonably be considered confidential by its nature.
7.2 Exceptions: Confidential information shall not include information that (i) becomes publicly available without breach of these Terms, (ii) was lawfully in the receiving party's possession before disclosure, or (iii) is required by law to be disclosed.
8. Data Protection and Privacy
8.1 The Agency shall handle any personal data it processes on behalf of the Client in compliance with the EU General Data Protection Regulation (GDPR) and other applicable data protection laws.
8.2 The Agency will implement appropriate technical and organizational measures to protect personal data against unauthorized or unlawful processing and against accidental loss, destruction, damage, alteration, or disclosure.
9. Warranties and Liability
9.1 Warranties: The Agency represents and warrants that it will provide the Services with reasonable skill, care, and diligence in accordance with industry standards. The Agency does not warrant any specific results from the Services, including but not limited to increased sales, brand visibility, or online following.
9.2 Limitation of Liability: To the extent permitted by law, the Agency's liability for any claim arising out of or related to the Services shall be limited to the amount paid by the Client to the Agency for the specific Services in question in the 6-month period preceding the claim. The Agency shall not be liable for any indirect, consequential, or special damages (including lost profits or data).
9.3 Indemnification: The Client agrees to indemnify and hold the Agency harmless from any claim or demand arising out of the Client's breach of these Terms or any violation of applicable laws or regulations.
10. Termination
10.1 Termination by Either Party: Either party may terminate the Agreement by giving the other party written notice if the other party commits a material breach and fails to remedy it within 14 days of receiving notice of such breach.
10.2 Termination for Convenience: Unless otherwise stated in a separate agreement, either party may terminate the Agreement for convenience with 30 days' written notice.
10.3 Effect of Termination: Upon termination, the Client shall pay the Agency for all Services performed up to the date of termination and any related expenses incurred. The Agency will deliver any completed or partially completed Deliverables upon payment in full of all outstanding invoices.
11. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from events beyond its reasonable control, including but not limited to acts of God, war, strikes, lockouts, or governmental restrictions.
12. Governing Law and Dispute Resolution
12.1 These Terms and any disputes arising out of or in connection with them are governed by and construed in accordance with the laws of The Netherlands.
12.2 Any dispute arising from these Terms shall be submitted to the exclusive jurisdiction of the competent court in Amsterdam, unless otherwise agreed in writing by the parties.
13. Entire Agreement
These Terms, together with any additional written agreements or documents referenced herein, constitute the entire agreement between the parties regarding the subject matter and supersede all prior negotiations, understandings, or agreements (whether oral or written).
14. Severability
If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Terms, and the remaining provisions shall continue in full force and effect.
15. Changes to Terms
The Agency reserves the right to modify these Terms at any time. Should there be a material change, the Client will be notified in writing (by email or otherwise). Continued use of the Services after such notification shall constitute acceptance of the amended Terms.
16. Contact Information
If you have any questions or concerns about these Terms or our Services, please contact us at:
Address: 6c Driehoestraat, 1015 GL, Amsterdam, The Netherlands
VAT Number: NL005101651B67
Email: juanscanlan@gmail.com
Phone: +31 616861275
By engaging the Agency's services, you acknowledge that you have read and agree to these Terms and Conditions.