Terms & conditions.

Last updated: 12 August 2026

These terms

These general terms and conditions apply to every quotation, offer, agreement and service delivered by KM Telecom (“we”, “us”), registered with the Dutch Chamber of Commerce under number 61807273, to a client (“you”).

Your own purchasing or general terms are expressly excluded unless we accept them in writing. If any provision here is void or annulled, the remaining provisions stay in force and the void provision is replaced by one that matches its intent as closely as possible.

Quotations and agreement

Quotations are without obligation and valid for 30 days unless stated otherwise. An agreement is formed when you accept a quotation in writing, or when we begin work at your request.

Descriptions of scope in a quotation are indicative. Work outside the agreed scope is additional work and is quoted separately before it starts.

Our services

We provide digital marketing services, in particular the strategy, setup, creative production, measurement and day-to-day management of paid advertising campaigns on third-party platforms including Google Ads, Meta Ads, TikTok Ads, Reddit Ads, Snapchat Ads and Taboola.

We perform our work to the standard of a competent professional. Our obligation is one of best efforts (inspanningsverplichting), not of result. See the section on results below.

What we need from you

To deliver the work, you agree to:

• provide timely access to the advertising accounts, analytics, website, feeds and other systems required;
• provide accurate information, brand materials and approvals when we request them;
• hold the necessary rights to all materials you supply, and indemnify us against third-party claims relating to them;
• ensure your website, products and claims comply with applicable law and with the advertising policies of the platforms;
• name one person authorised to approve creative and budget decisions.

Delays caused by missing access, materials or approvals extend our deadlines accordingly and may be charged if they cause standby time.

Advertising spend and third-party costs

Advertising budgets are paid by you directly to the platforms from accounts held in your name, unless expressly agreed otherwise in writing. Advertising spend is never included in our fee.

Third-party costs incurred on your instruction (stock media, tooling, licences, production costs) are charged on at cost unless agreed otherwise.

You remain responsible for the budgets you approve. We monitor spend as part of the service, but we are not liable for platform-side overdelivery, billing errors or currency effects.

Fees, invoicing and payment

Fees are as stated in the quotation, exclusive of VAT. Retainers are invoiced monthly in advance; project work is invoiced as agreed in the quotation.

Invoices are payable within 14 days of the invoice date. If payment is late, you are in default without further notice and we may charge statutory commercial interest under Article 6:119a of the Dutch Civil Code, plus extrajudicial collection costs.

If an invoice remains unpaid after a written reminder, we may suspend the work, including campaign management, after notifying you. We are not liable for the consequences of such a suspension.

We may adjust our rates once per calendar year, giving at least one month's written notice. If you do not accept the adjustment, you may terminate on the date it would take effect.

Term and termination

Retainer agreements run for the term stated in the quotation and continue for indefinite periods thereafter, unless agreed otherwise. Either party may terminate by giving one calendar month's written notice, effective at the end of a month.

Either party may terminate with immediate effect if the other is declared bankrupt, is granted a suspension of payments, or materially breaches the agreement and fails to remedy the breach within 14 days of written notice.

On termination, we hand over access, structures and documentation in a usable form. Work performed up to the termination date remains payable.

Intellectual property

All intellectual property rights in materials we create specifically for you under the agreement transfer to you once the related invoices are paid in full. Until then, we grant a revocable licence to use them.

Rights in our own methods, templates, scripts, tooling and internal documentation remain with us. Nothing in the agreement transfers those, and we remain free to use the knowledge and experience gained for other clients.

Confidentiality

Both parties keep confidential all non-public information received from the other, and use it only for the purpose of the agreement. This obligation continues for three years after the agreement ends.

We may name you as a client and show anonymised or approved results in our portfolio, unless you tell us in writing that you would rather we did not.

Data protection

Where we process personal data on your behalf, for example customer lists uploaded for audience matching or conversion data, we act as processor and you act as controller. A data processing agreement applies and forms part of the agreement.

Our own processing of personal data is described in our privacy policy.

No guarantee of results

Advertising results depend on factors outside our control, including auction dynamics, competitor behaviour, seasonality, platform policy and algorithm changes, your pricing and your product.

We do not guarantee any specific ranking, cost per acquisition, return on ad spend, revenue or other result. Forecasts, projections and benchmarks we share are estimates, not commitments.

We are not responsible for decisions made unilaterally by an advertising platform, including account suspensions, ad disapprovals, policy changes or the discontinuation of features.

Liability

Our total liability under an agreement is limited to the fees you paid us in the three months preceding the event giving rise to the liability, and in all cases to the amount paid out by our liability insurer for that event.

We are not liable for indirect or consequential loss, including lost profit, lost revenue, lost savings, reputational damage or loss of data.

These limitations do not apply where the damage results from our intent or deliberate recklessness.

Any claim lapses if it is not submitted to us in writing within 12 months of the day you became aware, or reasonably should have been aware, of the damage.

Force majeure

Neither party is liable for a failure to perform caused by force majeure, including outages at hosting or advertising platforms, cyber attacks, government measures, strikes and other circumstances beyond reasonable control.

If force majeure lasts longer than 60 days, either party may terminate the agreement in writing without any obligation to pay compensation.

Changes to these terms

We may amend these terms. Amendments take effect one month after we notify you in writing, and do not apply to work already in progress unless you agree. If you do not accept a material amendment, you may terminate before it takes effect.

Governing law and disputes

Dutch law applies to all agreements with us. The applicability of the Vienna Sales Convention is excluded.

Disputes we cannot resolve together are submitted to the competent court in Rotterdam, the Netherlands, unless mandatory law designates another court.

Contact

These terms are issued by: KM Telecom, Zekkenweg 85, 3151 ZC Hoek van Holland, the Netherlands. Chamber of Commerce (KVK) number 61807273. Email sales@kmtelecombv.com, telephone +31 6 53 80 61 65.