Last updated: November 14th 2023

Article 1: Definitions

1. Funnelsupply, trade name of sole proprietorship 'Blonk Digital Performance', located in Rijswijk, Netherlands, Chamber of Commerce (KvK) number 86326511;

2. FS: entities and companies affiliated with Funnelsupply that are parties to the agreement to which these general terms and conditions apply;

3. Client: the natural or legal person who has entered into an agreement with Funnelsupply;

4. Service: the activity(ies) that Funnelsupply will perform for the Client, as specified in the Agreement or on the Funnelsupply website, including the management of social media and advertising accounts, content writing, website or landing page building and hosting and other forms of services;

5. Agreement: the agreement between Funnelsupply and the Client, under which Funnelsupply will execute/deliver the Service, and of which these General Terms and Conditions form an integral part. An agreement can also commence once a client has started a subscription/ plan with Funnelsupply. Details of an agreement started with a subscription/ plan are stated on the Funnelsupply website;

6. Product: the good(s) that Funnelsupply delivers to the Client, including websites, documents, images and videos.

7. General Terms and Conditions: these general sales and delivery conditions used by Funnelsupply;

8. Website: https://www.funnelsupp.ly

9. Direct damage: financial damage directly caused by the damaging event.

Article 2: Applicability

1. These general terms and conditions apply to all offers, assignments, and agreements with/through Funnelsupply. The latest version of the General Terms and Conditions replaces all previous versions.

2. Provisions or conditions set by the Client that deviate from, or do not appear in, these General Terms and Conditions are binding on Funnelsupply only if expressly accepted in writing by Funnelsupply.

3. The applicability of any third-party purchasing or other conditions is expressly excluded unless otherwise agreed in writing.

4. If any provision of this Agreement or the General Terms and Conditions is found to be void or annulled, this does not affect the validity of the entire General Terms and Conditions or the Agreement. In that case, the parties will establish new provision(s) to replace it, as closely as possible, to the intent of the original Agreement and General Terms and Conditions.

5. Invalid or unenforceable provisions will be replaced by provisions that as closely as possible reflect the intent of the provisions being replaced.

6. Once a client has entered into a contract under these conditions, it is deemed that they have implicitly agreed to the application of these conditions to later agreements concluded with Funnelsupply.

7. By signing or accepting an Agreement with Funnelsupply, the Client declares that they have received the General Terms and Conditions, have taken note of them, and agree to these conditions.

8. The version applicable is always the one that was in force at the time of the conclusion of the agreement.

Article 3: Offer and Acceptance

1. For all Funnelsupply quotations, the acceptance period is set at thirty days. After this period, Funnelsupply is not obligated to accept the Client's acceptance.

2. Funnelsupply might prepare a quotation indicating what is included in the Service or Product, the amount due upon acceptance, and the validity period of the quotation. This quotation will be sent by email with attached General Terms and Conditions. If the Client agrees to the quotation, the Agreement is concluded.

3. If it is found that the data provided by the Client is incorrect, Funnelsupply has the right to adjust the prices accordingly.

4. Funnelsupply is not obliged to commence the execution of an Agreement until the Client has accepted the Agreement and Funnelsupply has received this acceptance.

5. The content of the agreement extends no further than expressly mentioned in the proposal and/or order confirmation, with the description in the confirmation prevailing.

6. All prices are exclusive of value-added tax (VAT) and other government-imposed levies.

7. Quotations do not automatically apply to follow-up orders.

8. Delivery periods mentioned in Funnelsupply quotations are indicative.

9. After acceptance, the Agreement may only be amended with mutual consent.

10. In case of conflict between provisions in the following documents, the following order applies:

    1. the Agreement;

    2. any appendices;

    3. these General Terms and Conditions.

Article 4: Execution of the Service

1. Funnelsupply endeavors to perform the Service to the best of its ability with due care and craftsmanship.

2. To the extent that the proper execution of the Service requires, Funnelsupply has the right to have certain activities performed by third parties. The costs of engaging these third parties, if agreed upon in the Agreement, are borne by the Client. Funnelsupply is not liable for damage resulting from the actions or omissions of third parties engaged by her. The Client indemnifies Funnelsupply against all claims from third parties.

3. The Client is obliged to do everything reasonably necessary and desirable to enable timely and correct execution of the Service. In particular, the Client ensures that all data and facilities that Funnelsupply indicates as necessary or that the Client reasonably understands to be necessary for the execution of the Service are made available to Funnelsupply in a timely manner. This includes usernames and passwords to access websites, advertisement accounts and/or social media sites managed by the Client and entrusted to Funnelsupply or relevant information/content that Funnelsupply will use as a basis for executing the Service.

4. The applicability of articles 7:404 of the Dutch Civil Code and 7:407(2) of the Dutch Civil Code is excluded.

5. Funnelsupply carries out orders solely for the benefit of the Client. If two or more persons jointly give an order, they are each jointly and indivisibly obliged to fulfill the obligations arising from the Agreement with Funnelsupply.

6. Parties promptly inform each other of any changes in name, postal address, email address, telephone number, and, if requested, bank account number.

Article 5: Delivery

1. Based on the Agreement's schedule, Funnelsupply continuously delivers the Product and/or Service to the Client. The schedule included in the Agreement is established in good consultation between Funnelsupply and the Client and can be modified in good consultation.

2. The delivery dates mentioned in the schedule are always indicative, and there are never strict deadlines.

Article 6: Social Media

1. The Client authorizes Funnelsupply to create accounts on social media sites (including Twitter and Facebook) on behalf of the Client. If such services incur costs, Funnelsupply is authorized to do so only after separate permission from the Client.

2. The Client authorizes Funnelsupply to manage and configure the accounts mentioned in 5.1 on behalf of the Client. This also means that Funnelsupply will respond to users of the managed social media sites on behalf of the Client.

3. The Client acknowledges and understands that Funnelsupply cannot guarantee the number of followers (on Twitter and/or LinkedIn), number of fans (on Facebook), the number of users on other social media or the number of conversions, lead or customers. Funnelsupply will strive to influence the number of followers, fans, visitors, conversions, leads and customers in favor of the Client but is not obligated to achieve any specific numbers.

4. The Client is at all times responsible for the content of the messages posted on social media sites by the Client or by Funnelsupply on behalf of the Client.

5. Funnelsupply will strive to ensure that the content of messages posted on social media sites does not violate any law or regulation.

6. The Client indemnifies Funnelsupply against any claims from third parties related to content posted on social media sites.

7. The Client will ensure that any content provided to Funnelsupply for posting on social media sites does not infringe any intellectual property rights of third parties.

8. Funnelsupply will provide the Client with access to the accounts mentioned in 6.1, allowing the Client to follow the activities performed by Funnelsupply.

Article 7: Reservation of Ownership and Confidentiality Obligation

1. All copyrights related to an assignment performed by Funnelsupply are, unless already owned by the client beforehand, the property of the client. If the client receives a refund, the copyrights are transferred to Funnelsupply, unless otherwise agreed upon.

2. The client is not allowed to use the work performed by Funnelsupply other than for the purpose of the assignment. Except with prior written consent from Funnelsupply.

3. The client shall not disclose to third parties, without written permission from Funnelsupply, any information regarding the work performed by Funnelsupply, the methods used, and the reports issued.

4. Funnelsupply is obliged to handle carefully and confidentially the data provided to it in the context of the assignment, which relates to the market, clients, and internal organization of the client.

5. The client grants Funnelsupply a limited, non-exclusive, non-sublicensable, royalty-free, worldwide license for the use, publication, and display for marketing and advertising purposes of all products developed by Funnelsupply for the client. The client can revoke this license at any time by sending a written notice to hello@funnelsupp.ly. Funnelsupply is not responsible for the continued existence of client products online after revocation by the client.

Article 8: Dissolution

1. Without prejudice to the provisions of Article 4, the agreement is dissolved without judicial intervention and without any notice of default being required, at the time the client is declared bankrupt, applies for provisional suspension of payment, or loses control over his assets through seizure, placement under guardianship, or otherwise.

2. Both the client and Funnelsupply have the right to dissolve the agreement at any time. The client must take care of timely termination of the agreement. Subscriptions can be terminated through the client's account with the payment service provider (Stripe) and by notifying Funnelsupply by email before the monthly billing date. The non-(timely) payment of the subscription fee is not a valid reason for the client to dissolve the agreement.

3. The client is not entitled to a refund of the already paid subscription fee for the period during which Funnelsupply's services were not used. However, the client can temporarily pause the subscription, allowing the client to use the remaining days until the end of the already paid subscription period at a later date.

4. By dissolution of the agreement, all claims of Funnelsupply against the client become immediately due and payable.

Article 9: Price Indications

1. All price indications and statements are non-binding, unless expressly and in writing otherwise determined.

2. Price indications and statements are valid for 15 days, unless otherwise indicated. The client is only bound to the price indication/quotes/statements if acceptance is confirmed in writing by the other party within 15 days.

3. Prices in the mentioned indications/quotes/statements are exclusive of VAT unless otherwise indicated.

Article 10: Payment

1. The first monthly amount must be paid by the client via iDEAL or Credit card (Visa, MasterCard, American Express, and Maestro). After that, the costs are automatically debited monthly. By paying the first monthly amount, the client gives permission to Funnelsupply to monthly collect the subscription fee.

2. In some cases the client has the option to pay by invoice. Administrative costs are charged for this. The invoice date serves as the start date. In case of reversal of the automatic debit, Funnelsupply is free to switch to payment by invoice, including administrative costs. Funnelsupply is free to suspend the work until payment is received. If no payment is received 14 days after the dispatch date, there is a culpable failure on the part of the client. After 14 days from the invoice date, the client is in default; the client is liable from the moment of default to pay the legally stipulated interest plus 2%. The client's protest against payment does not suspend the payment obligation. The number of completed tasks has no effect on the payment obligation. The client retains the payment obligation of the subscription fee for the period during which no tasks have been submitted to Funnelsupply. The subscription fee serves as compensation for providing a marketer and does not relate to the work.

3. Payments made by the client are always intended to settle first all due interest and costs, and secondly the invoices that have been outstanding the longest, even if the client specifies that the payment relates to a later invoice.

Article 11: Non-Payment on Due Date

1. In case of the client exceeding the agreed payment term, the entire or remaining invoice amount is immediately and fully due, without further notice, while Funnelsupply is also entitled to suspend the execution of ongoing work or, without notice of default or judicial intervention, cancel all existing agreements, without prejudice to Funnelsupply's right to claim compensation for the incurred damage.

2. Non-(timely) payment also results in the expiration of guarantees agreed upon with the client.

3. In case of a reversal by the client, Funnelsupply is entitled to recover the costs incurred.

Article 12: Additional Costs for Non-(Timely) Payment

1. In case of non-(timely) payment, the client is, by operation of law, in addition to the outstanding amount, liable for a late payment fee of 2% per 30 days or part of 30 days.

2. Furthermore, all judicial and extrajudicial costs incurred for the collection of our claim are at the expense of the client, including all costs of summonses and notices of default, in addition to disbursements and the fee of the person assigned by us with the collection. The extrajudicial costs are determined in accordance with the rate used by judges (Report Object 2 according to district judges), increased by the value-added tax.

3. In the event of legal proceedings, the client is also obliged to pay the liquidated costs awarded by the judgment, as well as additional costs.

Article 13: Explicit Additional Work

1. If the client's additional wishes demonstrably increase or expand the work of Funnelsupply, explicit additional work is involved. Explicit additional work is not covered by the initially agreed-upon price.

2. Additional work also includes the factual deviation from the agreed-upon terms in the sense that actual additional tasks are performed beyond what was agreed upon.

Article 14: Use of the Service

1. The service consists of the possible execution of various marketing activities. The complete list can be found on the website (funnelsupp.ly) under the specific subscription plan that the client buys/ agrees upon.

2. If the client does not have a corporate identity, Funnelsupply uses pre-selected colors and fonts.

3. Orders can be submitted by adding them to a shared Trello board. The client receives a confirmation with any questions via Trello as well. For communication about anything else than a specific order, whatsapp or slack can be used.

4. The number of orders that can be submitted per month is unlimited. In the case of the standard subscription, one task is executed at a time, and in the case of the pro subscription, two tasks are executed simultaneously, with approximately 1 working week (Monday to Friday) taken into account.

5. The client receives a confirmation of completion of the order via Trello, which will send a notification by email.

6. The number of revisions is unlimited. The order is only completed when everything is to the client's satisfaction. Each revision is treated as a new request and may affect the delivery of other requests. Revisions are usually completed within 48 hours.

7. On average, requests are delivered within 1 working week (Monday-Friday). The indicated delivery time on the website is a minimum indication and cannot be legally binding. The processing speed depends on the chosen subscription, how long the client and Funnelsupply have been working together, how many orders from the client are in the queue, and the complexity of the order.

8. Orders or revisions received after 2:00 PM, during the weekend, or on holidays will start the next working day.

9. Changing the subscription can be done at any time via funnelsupp.ly or by emailing hello@funnelsupp.ly and takes effect from the next monthly billing date.

10. The client is free to submit orders for multiple brand profiles.

11. Funnelsupply is free to exclude new registrations.

12. After the end of the subscription, outstanding orders will no longer be carried out by Funnelsupply, and the client no longer has the option to request previously delivered files or to use, for example, previously delivered websites and landing pages in the management of Funnelsupply.

Article 15: Liability

1. The liability of Funnelsupply towards the client extends no further than the obligation to make the best possible effort to fulfill the agreed-upon work with the client. The client is not entitled to claim any compensation other than for the failure to fulfill this best efforts obligation.

2. Regardless of the provisions in the first paragraph, Funnelsupply cannot be held liable when:

3. a. The effect resulting from the work produced through Funnelsupply's efforts deviates from the effect that the client and Funnelsupply had in mind.

b. The work delivered by Funnelsupply is used and/or applied incorrectly by the client.

c. The alleged liability results from changed circumstances that could not reasonably be foreseen at the time of the conclusion of the agreement.

1. Funnelsupply expressly excludes liability arising from the client's use of what Funnelsupply has created/designed in accordance with the assignment in commercial traffic (Cf. Art. 13 BMW, Art. 5 HNW).

Article 16: Complaint Duty

1. If, according to the client, the Product or Service has not been delivered in accordance with the Agreement, the client must complain about this in writing to Funnelsupply within thirty days after the Product or Service has been delivered. If the client fails to do so, the right to deliver a new Product or Service expires.

2. If the client disagrees with the content of an invoice from Funnelsupply, the client must complain about this in writing to Funnelsupply within thirty days after the date of sending the invoice. If the client fails to do so, he can no longer claim that the invoice contains inaccuracies.

3. Article 17: Amendment of General Terms and Conditions

4. Funnelsupply reserves the right to amend or supplement these General Terms and Conditions.

5. Changes also apply to already concluded agreements, taking into account a period of thirty days after the announcement of the change on the Website, by electronic messaging, or in writing. Changes of minor importance can be made at any time.

6. If the client does not want to accept a change in these General Terms and Conditions, he can terminate the Agreement on the date on which the new conditions take effect unless Funnelsupply has indicated that the old conditions will remain in effect for the client.

Article 18: Applicable Law

Dutch law applies to this Agreement.

Article 19: Dispute Resolution

Insofar as mandatory rules do not prescribe otherwise, all disputes arising from this Agreement will be submitted to the competent Dutch court of the District Court of The Hague, location The Hague.