Terms & Conditions

These Terms & Conditions apply to all commercial offers, assignments, agreements and services of Beginfluence, established in Meppel, the Netherlands.

Deviations from or additions to these terms are only valid if agreed in writing between Beginfluence and the Client.

The applicability of any purchasing or general terms and conditions of the Client is expressly rejected.

Beginfluence is an influencer marketing agency that helps brands use social creators as a measurable sales channel.

Services include, among others: strategy and advice, creator selection and matching based on the Creator Fit methodology, campaign coordination, briefing alignment, performance analysis and reporting.

The exact scope and content of the services are defined per assignment in a proposal or agreement.

Quotations from Beginfluence are valid for 30 days, unless otherwise agreed in writing.

An agreement is formed upon written acceptance by the Client of a quotation from Beginfluence, or upon written or oral confirmation of an assignment by Beginfluence.

Beginfluence reserves the right to refuse an assignment without stating reasons.

All fees are project-specific and are determined per quotation or agreement.

Unless otherwise agreed in writing, services are invoiced on the basis of hours worked, fixed project fees or agreed instalments.

Quoted prices are exclusive of VAT and any external costs, unless expressly stated otherwise.

Invoices from Beginfluence must be paid within 30 days of the invoice date, unless otherwise agreed in writing.

In the event of late payment, the Client is legally in default and statutory commercial interest is due.

If Beginfluence incurs reasonable collection costs, these are for the account of the Client.

Unless otherwise agreed in writing, the Client pays Beginfluence and the Creator separately. Beginfluence is not liable for payments made directly between the Client and the Creator.

The Client shall timely provide all necessary information, materials, approvals and cooperation reasonably required for the execution of the assignment.

The Client is responsible for the accuracy and lawfulness of product claims, instructions, ingredient lists and other information provided by the Client.

Any delay or damage caused by the absence of cooperation or information is for the account of the Client.

Beginfluence selects Creators based on the Creator Fit methodology, in which audience, brand fit, content quality, reliability and past results are weighed.

Beginfluence proposes a shortlist of Creators. The final selection is determined in consultation with the Client, unless otherwise agreed in writing.

Creator Fit is an advisory and assessment methodology and not a guarantee of specific performance.

Beginfluence provides a best-efforts obligation, not a guaranteed result.

Beginfluence gives no guarantee regarding reach, views, engagement, clicks, leads, conversions, revenue, ROAS or other commercial outcomes.

Results of influencer marketing depend on many factors outside the control of Beginfluence, including platform algorithms, audience behaviour and Creator execution.

Creators are independent third parties and not employees or subcontractors of Beginfluence.

Beginfluence is not automatically a party to the agreement between the Client and the Creator.

Unless otherwise agreed in writing, Beginfluence mediates and coordinates between the Client and the Creator, without becoming a party to the arrangements between the Client and the Creator.

Beginfluence prepares a briefing in consultation with the Client, or coordinates the briefing alignment between the Client and the Creator.

Where approval is agreed, the Client is responsible for the final approval of content.

The Client shall provide approval in a timely manner. Silence or late responses may lead to delays in execution.

The Creator is responsible for the correct and legally required advertising disclosure (such as #ad or similar designations) in his or her content.

The Client is responsible for the accuracy and lawfulness of product claims, instructions for use and other information about the product or service.

Beginfluence may advise and coordinate on legal requirements, but the ultimate legal responsibility lies with the Creator and the Client respectively.

If a Creator cancels an assignment or does not (fully) perform, Beginfluence is not automatically liable.

Beginfluence will make an effort to find a suitable replacement or solution, insofar as reasonably possible.

Work already performed by Beginfluence remains due and payable.

If the Client cancels an assignment, completed work, hours spent, non-cancellable obligations and demonstrable costs remain due and payable.

Beginfluence charges these costs on the basis of the agreed rate and the demonstrably incurred costs.

An agreement is entered into for the duration defined in the quotation or agreement.

Either party may terminate an agreement with immediate effect if the other party culpably fails to fulfil essential obligations and, after being notified of default, fails to remedy that failure within a reasonable period.

Upon termination, all amounts owed under these terms remain fully payable.

Unless otherwise agreed in writing, the intellectual property rights to Creator content remain with the Creator.

Additional usage rights, such as exclusive use, longer duration or other channels, may require additional compensation to the Creator.

The Client shall agree with the Creator which usage rights apply, unless Beginfluence has been authorised in writing to do so.

Beginfluence retains all rights to its own strategies, methods, Creator Fit models, presentations, analyses, reports and templates.

These may not be copied, published or reused by the Client without written permission from Beginfluence.

The Client warrants that the materials, brands, logos and content it provides are free of third-party rights and may be used for the purpose of the assignment.

The Client indemnifies Beginfluence against claims by third parties relating to the use of materials provided by the Client.

Beginfluence may use the name and logo of the Client and public campaign material as a reference, unless the Client objects in writing in advance.

Confidential or non-public results may not be published without the Client's permission.

Both parties are obliged to treat confidential information received from each other as confidential and not to disclose it to third parties without permission, except where required by law.

This obligation also applies after termination of the agreement.

For the processing of personal data, Beginfluence refers to its Privacy Policy.

Insofar as legally permitted, the liability of Beginfluence is limited to the amount paid or payable to Beginfluence for the relevant assignment.

Insofar as legally permitted, Beginfluence is not liable for indirect or consequential damage, including lost revenue, missed leads or loss of data.

The limitations in this section do not apply insofar as the damage is the result of intent or conscious recklessness of Beginfluence.

Beginfluence is not liable for changes, disruptions, suspensions or policy changes of external platforms (such as Instagram, TikTok, YouTube or other social media platforms).

Insofar as Beginfluence uses services from third parties, the terms of those third parties apply to those services.

Neither party is liable for failures resulting from force majeure.

Force majeure means any circumstance independent of the parties' will that prevents or significantly hinders the performance of the agreement, including but not limited to: platform outages, government measures, natural disasters and third-party disruptions.

Complaints about the execution of an assignment must be reported to Beginfluence in writing as soon as possible, but no later than 14 days after discovery.

Beginfluence will process a complaint as soon as possible and aim for a suitable solution.

For assignments with an international character, Dutch law remains applicable, unless otherwise agreed in writing.

The Client is responsible for complying with local laws and regulations in the countries where the campaign is executed.

Beginfluence reserves the right to amend these Terms & Conditions.

Amendments apply to new agreements from the moment the amended version takes effect.

The most current version is always available on the Beginfluence website.

If a provision in these Terms & Conditions is void or invalid, the remaining provisions remain fully in force.

In that case, the parties shall consult and agree on a replacement provision that aligns as closely as possible with the original purpose.

Dutch law applies to all agreements between Beginfluence and the Client.

Disputes shall, insofar as legally permitted, be submitted to the competent court in the district where Beginfluence is established.

These Terms & Conditions are available in Dutch, English, German and French.

The Dutch version is the legal source text. In the event of any difference in interpretation, the Dutch version shall prevail, insofar as legally permitted.