Terms & Conditions

Note: These are the general terms and conditions and not the quotation.

Article 1. Definitions
1. Contractor: Rocket Leads B.V., (Chamber of Commerce number 85067903), located at (1054ZL) Amsterdam at Jacob van Lennepkade 155H.
2. Client: the (intended) contractual party of the Contractor.
3. Agreement: the agreement concluded between the Contractor and the Client.
4. Parties: the Client and the Contractor collectively.
5. Quotation: A written offer from the Contractor, as provided and explained to the Client.
6. Agreement: A document signed by the Client and Contractor in which the agreements regarding the work to be performed by the Contractor and accepted by the Client are recorded.
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Article 2. General
1. These terms and conditions apply to every offer, quotation, and agreement between the Client and the Contractor to which the Contractor has declared these conditions applicable, unless the Parties have explicitly and in writing deviated from these terms and conditions.The Client accepts these general terms and conditions and expressly waives the applicability of their own general terms and conditions.
2. Any deviations from these general terms and conditions are only valid if they have been explicitly agreed upon in writing.
3. If one or more provisions in these general terms and conditions are void or nullified, the other provisions shall remain fully applicable. The Parties will then consult to agree on new provisions to replace the void or nullified provisions, taking into account the purpose and intent of the original provision as much as possible.
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Article 3. Quotation
1. A quotation from the Contractor is non-binding for the Client unless otherwise explicitly stated in the quotation in writing.
2. A quotation is valid for sixty (60) days from the date of the quotation, unless otherwise stated in the quotation.
3. The Contractor is bound by the content of a quotation if the Client provides their written approval within 60 days after the date of the quotation. If this written notification occurs after sixty (60) days, the Contractor has the right to deviate from the quotation.
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Article 4. The Agreement
1. Once a Kick-off meeting is scheduled and the agreement is signed, a spot will be reserved in the Contractor's onboarding and agenda. This means that the agreement, and therefore the cooperation, is binding from the moment the Kick-off meeting is scheduled.
2. A quotation confirmed in writing by the Client is recorded by the Contractor in an agreement. The agreement only takes effect if signed by the Client.
3. An agreement is entered into for a minimum of two or three months (depending on the chosen service), unless otherwise agreed upon in the quote. After this period, the
cooperation automatically transitions to an indefinite term agreement unless the Parties have expressly and in writing agreed otherwise in the agreement.
4. If an agreement is entered into for a fixed term, the Parties agree on an actual start and end date for the work.
5.Termination of an agreement must be given in writing to the Contractor at least seven (7) days before the end of a contract period. Once the agreement is converted into an indefinite term, the agreement can be terminated at any time with at least one (1) day's notice before the end of the relevant month. The burden of proof of receipt of the termination lies with the Client. The Contractor will confirm the termination upon request. In all other cases, monthly billing will continue after the initial two months or three months (depending on the chosen service), until one of the Parties terminates the agreement in accordance with the aforementioned conditions.
6. If an agreement for a fixed term is tacitly extended by the Parties after the term has expired, it will be considered to have been extended into an indefinite term agreement.
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Article 5. Performance and Completion
1. The Contractor will perform the agreement to the best of its knowledge and ability.
2. The Contractor is not responsible for the number of actual customers resulting from the cooperation.
3. The contractor maintains a warranty policy based on the number of scheduled appointments or the number of 'leads' generated. This warranty policy is clearly stated in the quote, and the corresponding product terms and conditions apply. The contractor does not maintain a warranty policy for paying customers, as the client is responsible for the sales process, meaning the contractor has no influence over the results of that process.
4. The Contractor's guarantee policy is not valid if advertising lasts less than 60 days or 90 days (depending on the chosen service), or if the full advertising budget is not used for reasons beyond the Contractor's control. In such cases, the guarantee policy does not apply.
5. The Contractor's guarantee policy is only valid when the Contractor is given full freedom in the design and strategy of the campaigns. If the Client does not agree with the Contractor's approach, angles, texts, and/or images, and if the Client wishes to use a different approach, the guarantee will automatically expire as the Contractor will have limited influence over the outcome of the campaign.
6. The Contractor's deadlines are not final unless expressly and in writing agreed upon otherwise by the Parties. A deadline for the Contractor starts only after the Agreement has been concluded and all the necessary data for the execution of the Agreement is in the possession of the Contractor. A deadline is extended by the number of days that have elapsed between the conclusion of the Agreement and the receipt of all necessary data.
7. The Client grants access to Facebook Business Manager to the Contractor for the execution of the performance.
8. The Contractor has the right to outsource the assignment (partly) to third parties.
9. If it has been agreed that the agreement will be executed in phases, the Contractor may suspend the execution of the parts of a subsequent phase until the Client has approved and/or paid for the results of the previous phase.
10. If a deadline is agreed upon for the completion of certain work, this is always an indicative deadline, never a fatal one. If the Contractor expects to exceed a deadline, regardless of circumstances and causes, the Contractor will notify the Client as soon as possible.

Article 6. Price and Payment
1. Unless explicitly agreed otherwise in writing in the agreement, prices are exclusive of VAT.
2. Unless explicitly agreed otherwise in writing (such as with a fixed price or a change in the assignment), the Contractor performs its work at a monthly rate, and external costs are directly charged to the Client. Any advances will only be offset in the final invoice to the Client and are therefore payable as due until the final invoice is issued. The Contractor will always consult with the Client before incurring such costs.
3. The Contractor collects monthly payments in advance via account number
NL90RABO0334834384, under the contract number.
4. This agreement is automatically renewed monthly from the start date of the collaboration (first payment).
5. All payments by the Client to the Contractor must be made to a bank account designated by the Contractor, without suspension or set-off, in euros, and no later than fourteen (14) days after the invoice date. Advances must be paid on the invoice date itself. These are 'time-limited payments' within the meaning of Article 6:83, paragraph a, of the Dutch Civil Code.
6. In the event of incomplete and late payment, as described in the previous clause, the Client is in default by operation of law, with the following consequences:
7. The Client will owe interest of 1.5% per month on the outstanding invoice(s);
8. The Client will owe extrajudicial collection costs of 15% of the outstanding invoice(s), with a minimum of €250.00;
9. If the Contractor takes legal action against the Client for non-payment, the Client will also be liable for the actual costs incurred by the Contractor (such as attorney fees, bailiff costs, court fees, etc.).
10. Payments made by the Client will always first be applied to reduce all outstanding costs and interest, and then to the oldest outstanding invoices, even if the Client states that the payment relates to later invoice(s).
11. The Contractor is always entitled to require security and/or prepayment from the Client for the fulfillment of the Client's obligations under the Agreement. This applies, in any case, if any payment term is exceeded or any other breach of this or other agreements occurs on the part of the Client. The Client must comply with this request immediately.
12. After signing the quotation, the Client incurs a payment obligation for the full amount of the assignment. This payment obligation remains in effect, even if the campaign does not go live for reasons beyond Rocket Leads' control. If the Client withdraws after the Kick-off meeting, this does not release the Client from the payment obligation. However, if the Client withdraws before the Kick-off meeting, a credit of 25% of the total amount may be requested.

7. Amendments and Additional Work
1. If the Contractor, at the request of the Client or on its own initiative, with the prior consent of the Client, has performed work or other services that fall outside the content or scope of the agreement, this work or services will be compensated by the Client according to the agreed rates. The Contractor is never obliged to comply with such a request and may require that a separate written agreement be concluded for this.
2. If a fixed price has been agreed for the services, the Contractor will, upon request, inform the Client in writing of the financial consequences of the additional work.

Article 8. Quality and Complaints
1. The Client must raise any complaints about the performance of the Contractor’s services within thirty (30) days of the completion of the work, and in any case within fourteen (14) days of receiving the invoice. After this period, the work is considered to be in accordance with the Agreement.
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Article 9. Force Majeure
1. If the Contractor is unable to fulfill its obligations to the Client due to a non-attributable failure, this constitutes a force majeure event. In such a case, the Client is not entitled to dissolve the agreement, and the fulfillment of the Contractor’s obligations is suspended for the duration of the force majeure event.
2. To the extent that the Contractor has already partially fulfilled its obligations under the agreement at the time of the occurrence of the force majeure event, or will be able to fulfill them, and the part that has been or will be fulfilled has independent value, the Contractor is entitled to invoice the part already fulfilled or to be fulfilled separately. The Client is obliged to pay this invoice as if it were a separate agreement.
3. In the event of a force majeure event, the Client is not entitled to any (damage)
compensation, even if the Contractor may derive some benefit from the force majeure event.
4. Force majeure is understood, in addition to what is defined in law and jurisprudence, to include all external causes, foreseen and unforeseen, over which the Contractor has no control, and which prevent the Contractor from fulfilling its obligations to the Client in whole or in part, or which make it unreasonable for the Contractor to be required to fulfill its obligations. This applies regardless of whether the cause of the force majeure was foreseeable at the time the Agreement was concluded.
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Article 10. Intellectual Property
1. The Client retains copyright, patent rights, and all other rights of industrial and/or intellectual property on the landing pages, designs, images, drawings, (prototype) models, recipes, software, etc., if work is carried out using the Client's own Meta advertisement account. If work is carried out using the Contractor’s Meta advertisement account, the Contractor retains copyright, patent rights, and all other rights of industrial and/or intellectual property on the work performed, the landing pages, proposals, designs, images, drawings, (prototype) models, recipes, software, etc.
2. Unless explicitly agreed otherwise in writing, the rights to the data mentioned in this article remain the property of the Contractor, regardless of whether the Client has been charged for their creation.
3. The Client will not disclose or provide the Contractor's information to third parties in any way, except insofar as reasonably necessary for the proper execution of the Agreement, and only after and to the extent that a confidentiality agreement has been concluded.

Article 11. Liability
1. Each party is liable for its own share of this agreement. The Contractor excludes any liability for consequential damage and/or business damage (such as failure to achieve the desired leads). The Client indemnifies the Contractor against all claims from third parties.
2. The exclusion of liability in this article does not apply if the damage is caused by intent or gross negligence on the part of the Contractor or its senior management.
3. The Contractor is not liable for damage resulting from errors in the information provided by the Client, such as prescribed procedures or given orders, instructions, and directions, or for damage resulting from work carried out by the Client or third parties on its behalf.
4. The Contractor is not liable for hacked accounts or the consequential damage caused by accounts being hacked (such as Facebook accounts). Additionally, the Contractor is not liable for costs incurred, such as those with Facebook.The consequences of compliance (by the Contractor or third parties) with legal provisions or government orders are borne by the Client, regardless of whether the cause/necessity of that compliance is attributable to the Client, the Contractor, or a third party.
5. The Client can only invoke the obligations arising from this article if they have fulfilled all their obligations to the Contractor.
6. Any claim the Client has against the Contractor, regardless of the reason, expires no later than one year after the work has been completed.
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Article 12. Suspension, Set-Off, and Termination
1. In the following cases, the Client is in default by operation of law, and the Contractor has the right to terminate the Agreement in whole or in part – extrajudicially and without the need for any notice of default or judicial intervention:
a. If the Client files for bankruptcy or (provisional) suspension of payments, is declared bankrupt, is granted (provisional) suspension of payments, or if the Client is placed under administration, guardianship, or curatorship by virtue of legal provision; b. If the Client transfers, liquidates, or ceases its business or activities in whole or in part;
c. If the Client's assets are subject to prejudgment or execution attachment;
d. If the Contractor has reasonable grounds to fear that the Client will fail to fulfill its obligations, or if the Client has already failed to do so.
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Article 13. Applicable Law and Disputes
1. The Agreement is exclusively governed by Dutch law, to the exclusion of the Vienna Sales Convention.
2. Only the court that is competent in the jurisdiction where the Contractor is established has the authority to settle disputes arising from the Agreement, unless the Contractor opts for the legally competent court.In case of any conflict between the provisions in our quotation and these general terms and
conditions, the specific descriptions in the quotation will always prevail and are binding.

In case of any conflict between the provisions in our quotation and these general terms and conditions, the specific descriptions in the quotation will always prevail and are binding.