Terms & Conditions

Article 1. General

1.1 These general terms and conditions apply to all work carried out by FT Promotions.

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

a. FT Promotions: FT Promotions, established in Heemskerk and registered with the Chamber of Commerce;

b. Terms and Conditions: General Terms and Conditions of FT Promotions;

c. Client: the party that engages FT Promotions for an assignment;

d. Contractor: FT Promotions, the user of these general terms and conditions;

e. Assignment: agreement between FT Promotions and the client for the performance of (digital) services, subject to these terms and conditions;

f. Visit Report: the form describing the content of the assignment, including the client's name, address, and contact details, and containing an authorisation for FT Promotions to collect the invoiced amount by direct debit.

1.3 These terms and conditions apply to all assignments between FT Promotions and the client.

1.4 Deviations from these terms and conditions are only permitted if agreed upon and recorded in writing.

Article 2. Formation of the Agreement

2.1 Any offer made by the contractor is without obligation. Execution of the assignment may only commence after written confirmation and signing of a declaration of acceptance regarding the application of these terms and conditions.

2.2 An exception to article 2.1 applies if an advance payment arrangement has been agreed upon. If an advance payment arrangement applies, execution will commence upon receipt of the agreed advance payment.

2.3 It is also possible to deviate from the commencement date of execution of the agreement if the contractor has already started performing work at the request of the client.

2.4 Interim changes to the assignment are only possible if agreement has been reached between the contractor and the client. Interim changes shall be recorded in writing, including the financial consequences of the change.

2.5 All agreements relating to the assignment, including price, product specifications, delivery time, and payment, shall be recorded in writing insofar as possible.

Article 3. Execution of the Assignment

3.1 FT Promotions endeavours to execute and deliver the assignment to the best of its knowledge and ability, but does not guarantee the result. The client is obliged at all times to pay the rates for the hours worked, regardless of the result of the services.

3.2 FT Promotions reserves the right to have certain parts of an assignment carried out by third parties.

3.3 The client shall ensure that FT Promotions has all the data, materials, and/or documents necessary for the proper execution of the assignment. The client shall provide this data to the contractor. If the client fails to do so, FT Promotions reserves the right to suspend execution of the assignment. The costs arising from the resulting delay shall be charged to the client at the standard rate.

3.4 FT Promotions shall not be liable for damage resulting from incorrect and/or incomplete data.

3.5 In the event of phased execution of an assignment, as agreed between the contractor and the client, the next phase shall not commence until the preceding phase has been approved in writing.

3.6 In the event of phased execution of an assignment, every effort shall be made to adhere to the agreed phases. If a client reverses a decision from a previous phase, the resulting costs shall be recovered from the client. These costs shall be calculated in consultation and on a reasonable basis.

3.7 When developing scripts for computer assistance assignments, email forms, and/or web shops, every effort is made to prevent misuse or errors. FT Promotions cannot be held liable for misuse, programming errors, and/or other failures, unless otherwise agreed. Errors include, for example, misuse and data loss.

3.8 FT Promotions assumes that the client does not use illegal software and/or materials and shall not be liable for the use of such software and/or materials by the client.

3.9 The contractor reserves the right to file a report when illegal files are hosted or in the event of server misuse. The client's personal data will be disclosed in such cases.

3.10 The contractor shall only perform the work at the address specified by the client, subject to any changes of address.

Article 4. Modifications

4.1 Modifications shall only take place when the contractor and the client have agreed to them. This may affect the duration of execution of the assignment. FT Promotions will inform the client accordingly.

4.2 No rights may be derived from time estimates provided by FT Promotions. Time estimates are indicative only.

4.3 The (financial) consequences of modifications or additions shall be communicated in writing by the contractor to the client in advance.

Article 5. Complaints

5.1 The client must report a complaint regarding the execution of the assignment within two weeks of discovery. This also applies if the purchased product does not have the characteristics the client could reasonably expect under the purchase agreement. The client must send this complaint in writing to info@ftpro.nl.

5.2 The client's claim shall lapse two weeks after the day on which the client became or could reasonably have become aware of the damage-causing facts on which the client bases their claims against the contractor.

5.3 The client shall allow FT Promotions to remedy any deficiency.

5.4 The contractor is not responsible for the loss of the manufacturer's warranty when work is carried out.

Article 6. Payments

6.1 FT Promotions has the right to debit the total invoice amount from the account number provided by the client as stated on the direct debit authorisation at registration. The total invoice amount is due immediately upon execution of the assignment.

6.2 If the direct debit is not possible due to insufficient funds in the account provided by the client, or if the client reverses the amount debited by FT Promotions, the client shall owe administrative costs to FT Promotions. In the event that FT Promotions must initiate collection proceedings due to non-payment, the resulting costs shall be borne by the client. These costs amount to 15% of the outstanding amount, with a minimum of € 150.00.

6.3 A proof of payment will only be sent to the client upon specific request. This is done once, by email, and includes VAT.

6.4 FT Promotions is entitled to debit the total invoice amount by means of the authorisation provided on the completed visit report and/or (digital) registration form. The invoiced amount is due immediately upon execution of the assignment.

Article 7. Cancellations

7.1 The client has the right to cancel the assignment free of charge, provided this is done at least 24 hours in advance, unless costs have already been incurred such as orders for the assignment or preliminary research has already taken place.

7.2 In the event of cancellation within 24 hours prior to the scheduled execution of the assignment, the client shall owe the costs of the minimum charge (30 minutes).

7.3 If, as a result of cancellation of the assignment, costs exceeding those referred to in article 7.2 have been incurred, the client shall also owe these costs.

Article 8. Rates

8.1 All stated rates include VAT.

8.2 FT Promotions reserves the right to change rates. The applicable rates can be found on the FT Promotions website.

8.3 The cost of an assignment is calculated on the basis of the hourly rate (minimum charge of 30 minutes), unless otherwise agreed between the client and the contractor.

Article 9. Remote Assistance

9.1 The use of the "remote assistance" software is included in the price in all cases.

9.2 By agreeing to the use of this software, you grant FT Promotions permission to view your screen and, if desired by you, to take control of your computer.

9.3 The connection can only be established with your explicit consent. The connection is always one-time and, after the session has ended, can only be requested again by you.

9.4 With the professional remote software used, FT Promotions guarantees that the connection is secure and that only FT Promotions views your computer.

9.5 With the "remote assistance" software, it is possible to transfer files between the two systems. However, this software is configured so that no file can be placed or copied without your knowledge.

Article 10. Termination and Dissolution

10.1 In the event of interim termination of a subscription by the client, a notice period of 1 month applies. Termination must be made in writing.

10.2 In the event of interim termination of an assignment by the client, FT Promotions is entitled to compensation for the resulting loss of capacity, unless the termination was initiated by FT Promotions. The client is obliged to pay the invoices for the work performed up to that point.

10.3 In the event of interim termination of an assignment by the client, the total amount due must be paid within 14 working days of the invoice date.

10.4 In the event of liquidation, moratorium, bankruptcy, attachment, debt restructuring, or other circumstances under which the client can no longer freely dispose of their assets, FT Promotions has the right to terminate the agreement with immediate effect without any obligation to pay compensation.

Article 11. Suspension and Dissolution

11.1 FT Promotions is authorised to suspend its obligations and/or to dissolve the assignment if:

a. the client fails to fulfil their obligations in whole or in part;

b. the contractor has reasonable grounds to fear that the client will not fulfil their obligations.

11.2 In the cases referred to in article 11.1, the client shall be in default by operation of law and all outstanding amounts shall be immediately due and payable.

Article 12. Prohibition on Recruitment of Personnel

12.1 The client is prohibited, during the period in which the contractor performs work for the client and for a period of 12 months thereafter, from employing or otherwise making use of the services of one or more employees of the contractor, subject to payment to the contractor of a fee of € 2,000.00, without prejudice to the contractor's right to demand performance.

Article 13. Liability and Indemnification

13.1 FT Promotions shall not be liable for any damage from any cause whatsoever, except for damage caused by intent and/or gross negligence on the part of the contractor or its management. If FT Promotions is found to be liable, such liability shall at all times be limited to three times the invoice amount of the relevant assignment.

13.2 If the client requires any permit or other approval from governmental authorities or third parties for the specific use they make or intend to make of the services, the client must obtain such permits themselves. The client guarantees to FT Promotions that they hold all permits and/or approvals necessary for the execution of the assignment.

13.3 The client shall indemnify and hold FT Promotions harmless against all damage related to (the use of) a domain name and web hosting on behalf of or by the client. FT Promotions shall not be liable for the loss by the client of their right(s) to a domain name/web hosting.

13.4 If the contractor determines that an infringement has occurred, it shall block access to the relevant material, without permanently deleting the material (unless this proves technically impossible, in which case the contractor shall make a backup). The contractor shall endeavour not to affect other materials. The contractor shall inform the client of the measures taken as soon as possible.

13.5 The contractor is indemnified against all third-party claims relating to intellectual property rights on materials or data used or provided by the client in connection with the execution of the assignment.

13.6 If the client provides FT Promotions with data carriers, (electronic) files, or software, the client guarantees that these are free from viruses, defects, and/or intellectual property rights belonging to third parties. Any damage suffered by the contractor as a result shall be at the expense and risk of the client.

13.7 FT Promotions cannot be held liable for purchases made with or without the advice of the contractor or its employees, nor can compensation be claimed for such purchases.

13.8 In the context of quality control, communication between clients and the contractor's employees, by telephone or email, may be monitored occasionally.

13.9 In the event of negligence on the part of the client, FT Promotions shall not be liable for the resulting consequences.

13.10 FT Promotions is in no way liable for business losses or any other damage caused by business interruption of the client.

13.11 The client has a mandatory excess of € 350.00 per assignment, if the damage was caused by the contractor.

13.12 The client is responsible for making a backup of data. FT Promotions shall not be liable for any data loss suffered, and the contractor cannot be blamed for any data loss.

Article 14. Force Majeure

14.1 Neither the contractor nor the client shall be liable or responsible for any delay or failure to perform the assignment resulting from force majeure.

14.2 In the case of FT Promotions, force majeure shall include, but not be limited to, any strike, industrial unrest, illness or incapacity of employees of FT Promotions, disruptions to communication networks, power failures, and other operational disruptions within FT Promotions.

Article 15. Confidentiality

15.1 The privacy policy is as follows:

a. Only the personal data necessary to maintain the provision of services to the client shall be collected by the contractor;

b. The collection, processing, storage, and management of personal data shall be carried out in accordance with applicable privacy legislation;

c. Any other data that the FT Promotions employee may encounter shall be treated in strict confidence. Criminal matters are an exception to this rule.

Article 16. ELS Subscriptions

16.1 The client may choose to take out an ELS subscription with FT Promotions in order to make use of the ongoing services of FT Promotions.

16.2 The subscription is entered into for a period of 1 month at a time and may be cancelled monthly, unless otherwise agreed. Cancellation must be made by email or via the online contact form.

Article 17. Goodwill Arrangement

17.1 As a gesture of goodwill, no charges shall apply for assessing all work to be performed by the contractor if such work cannot be carried out. However, this rule does not apply if:

a. FT Promotions has indicated in advance that there is a reasonable chance that the requested assignment cannot be successfully completed, but the client insists that the requested assignment be carried out regardless of the possible outcome;

b. FT Promotions was unable to make a reasonable estimate of the work to be performed;

c. Travel costs have been incurred. In this case, the minimum charge of 30 minutes is due;

d. FT Promotions can offer a partial solution. Only when no solution has been offered at all may the client invoke this arrangement. If a dispute arises regarding this, the contractor reserves the right not to apply the arrangement.

17.2 The goodwill arrangement is not a right to which the client may appeal and shall only take effect at the initiative of the contractor. Assessment of the applicability of this arrangement is at the discretion of the contractor.

17.3 The client has the option to submit a request to make use of the goodwill arrangement. FT Promotions is then obliged to consider this request in good faith. This request must be made within 24 hours after it has become known that no complete solution can be provided.

17.4 The goodwill arrangement does not apply if the client does not (or once again does not) allow FT Promotions the opportunity to resolve the problem.

17.5 Already worked hours and costs that have been incurred, such as orders for the assignment or preliminary research that has already taken place, are excluded from the goodwill arrangement.

Article 18. Applicable Law and Disputes

18.1 These terms and conditions, the assignment, and any other assignments arising from or in connection with the assignment shall be governed by Dutch law. All disputes arising from or in connection with these terms and conditions, the assignment, and other assignments shall be submitted to the competent court.

18.2 Both the contractor and the client shall make every effort to resolve a dispute amicably in the first instance, before resorting to legal proceedings.

Article 19. Business Terms and Conditions (B2B)

19.1 All quotations and deliveries from FT Promotions to business clients (B2B) are subject to these general terms and conditions.

19.2 The client must obtain all necessary permits and approvals from governmental authorities or third parties themselves. FT Promotions is not responsible for the failure to obtain such permits.

19.3 Business clients are responsible for complying with all applicable laws and regulations in relation to the services of FT Promotions.

19.4 FT Promotions shall not be liable for indirect damage, consequential damage, loss of profit, missed savings, or damage caused by business interruption.

19.5 In the event of a dispute, FT Promotions shall endeavour to reach a solution in consultation with the business client. If this is not possible, disputes shall be submitted to the competent court.

Article 20. Final Provisions

20.1 If one or more articles of these terms and conditions are declared invalid by a court ruling, the remaining provisions of these General Terms and Conditions shall remain in full force and effect. FT Promotions and the client shall consult each other in order to agree on new provisions to replace the void or voided provisions, whereby the purpose and intent of the void or voided provisions shall be observed as closely as possible.

20.2 Each agreement between FT Promotions and the client shall be governed exclusively by Dutch law.

Last updated: April 2026