Article 1. Definitions
In these terms and conditions, the following definitions apply:
- Voice Digital: the contractor and user of these terms and conditions.
- Client: the natural or legal person who commissions Voice Digital or enters into an agreement with Voice Digital.
- Services: all work carried out by Voice Digital for the client, including but not limited to digital PR, data-driven PR, content outreach, consultancy and related marketing services.
- Agreement: any agreement between Voice Digital and the client, of which these terms and conditions form an integral part.
Article 2. Applicability
These terms and conditions apply to all quotes, work, agreements and services provided by or on behalf of Voice Digital to the client, unless the parties have agreed otherwise in writing. Any purchasing or other general terms and conditions of the client are explicitly rejected.
Voice Digital may agree different or additional terms with a specific client in a quote, agreement or order confirmation. In the event of a conflict between these terms and conditions and a written quote, agreement or order confirmation, the latter document prevails.
If any provision of these terms is found to be invalid, the remaining provisions remain in full force. In that case, the parties will consult to replace the invalid provision with one that most closely reflects the intent of the original.
Article 3. Quotes and formation of the agreement
All quotes and offers from Voice Digital are non-binding, unless explicitly stated otherwise, and are valid for 30 days from the date of issue. An agreement comes into existence once the client has confirmed a quote in writing (including by email), or once Voice Digital has started carrying out the work at the client's request.
Obvious errors or typos in a quote do not bind Voice Digital.
Article 4. Performance of the assignment
Voice Digital carries out the agreement to the best of its insight, knowledge and ability, in accordance with the standards of good professional practice. All services are performed on a best-efforts basis, unless a specific result has been explicitly promised in the agreement.
Voice Digital independently determines how and by whom the agreement is carried out, and may engage third parties for its performance. Specifically for digital PR, Voice Digital makes efforts to bring newsworthy content and stories to the attention of relevant media, but editorial teams decide independently whether, when and how they publish about it. Voice Digital therefore cannot guarantee a specific number of placements, mentions, backlinks, or a guaranteed SEO position.
The client is responsible for providing, in good time, all information, materials and cooperation reasonably required for the proper performance of the assignment.
Article 5. Changes and additional work
If it becomes apparent during the performance of the agreement that it needs to be changed or supplemented for proper execution, the parties will discuss this in a timely manner. Work falling outside the original assignment is considered additional work and will be invoiced separately based on the agreed rates.
Article 6. Duration and termination
An agreement is entered into for the duration specified in the agreement. If no duration has been agreed, the agreement applies for an indefinite period and may be terminated in writing by either party, subject to one month's notice, unless otherwise stated in the agreement.
Termination does not affect the obligation to pay for work already performed and costs already incurred.
Article 7. Fees and costs
Voice Digital's fee is set out in the quote or agreement, and excludes VAT and any travel, accommodation or other costs reasonably necessary for the performance of the assignment, unless otherwise agreed. Voice Digital may adjust its rates annually; any such adjustment will be communicated in good time before it takes effect.
Article 8. Payment
Invoices from Voice Digital must be paid within 14 days of the invoice date, in the manner indicated by Voice Digital, unless a different term has been agreed in writing. In the event of late payment, the client is automatically in default and statutory commercial interest becomes due on the outstanding amount, from the day the client is in default. All reasonable costs incurred in obtaining payment, both judicial and extrajudicial, are borne by the client.
Article 9. Suspension and dissolution
If the client fails to fulfil any obligation under the agreement, fails to do so in time, or fails to do so in full, Voice Digital is entitled to suspend performance of the agreement, or to dissolve the agreement in whole or in part, without being liable for any compensation and without prejudice to its other rights.
Article 10. Liability
Voice Digital's liability for damage arising from or related to the performance of an agreement is limited to the amount invoiced by Voice Digital for the relevant assignment in the three months preceding the event causing the damage, with a maximum of β¬5,000 per event or series of related events.
Voice Digital is never liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business interruption. Voice Digital is also not liable for damage resulting from the content, publication or distribution of content by third parties, such as editorial teams and media, which falls outside Voice Digital's control.
The limitation of liability in this article does not apply to damage resulting from intent or deliberate recklessness on the part of Voice Digital.
Article 11. Force majeure
Voice Digital is not obliged to fulfil any obligation if prevented from doing so as a result of force majeure. Force majeure includes, but is not limited to: illness, disruptions in third-party systems (including media and platforms), network outages, and other circumstances reasonably beyond Voice Digital's control.
Article 12. Intellectual property
All intellectual property rights to content, strategies, analyses and other works developed or made available by Voice Digital in the context of the assignment remain with Voice Digital, unless agreed otherwise in writing. Upon full payment, the client obtains a non-exclusive right of use for the purpose for which the content was created.
Article 13. Confidentiality
Both parties are obliged to keep confidential all confidential information obtained from each other or from other sources in connection with the agreement, unless a legal obligation to disclose applies.
Article 14. Complaints
Complaints about the work performed must be reported to Voice Digital by the client in writing and with reasons, within 14 days of discovery. A complaint does not suspend the client's payment obligation.
Article 15. Governing law and disputes
Dutch law applies to every agreement between Voice Digital and the client. Disputes will be submitted to the competent court in the district where Voice Digital is registered, unless mandatory law provides otherwise.
Article 16. Privacy
For the processing of personal data, Voice Digital refers to its privacy policy, which forms an integral part of these terms and conditions.
Article 17. Changes to these terms
Voice Digital is entitled to amend these terms and conditions. The most current version is always available on this page and applies to new agreements from the date of publication.
Contact
Questions about these terms and conditions? Get in touch via hallo@voicedigital.agency or +31 6 15259719.