Terms & Conditions
These Terms and Conditions (Terms) govern the use of the website www.samengro.com and the delivery of consulting services provided by SamenGro Consulting. By accessing this website or engaging our services, you agree to these Terms. Please read them carefully.
1. About SamenGro Consulting
| Trading Name | SamenGro Consulting |
| Legal Form | Eenmanszaak (Sole Trader) |
| KVK Number | 99628333 |
| VAT Number (BTW-id) | NL005399611B89 |
| info@samengro.com | |
| Website | www.samengro.com |
| Country of Establishment | The Netherlands |
2. Applicability
These Terms apply to all quotations, agreements, and services provided by SamenGro Consulting, unless explicitly agreed otherwise in writing. Any general terms or conditions used by the Client are expressly rejected and do not form part of any agreement unless SamenGro Consulting has accepted them in writing.
These Terms apply to both natural persons acting in a professional capacity and legal entities (companies). These Terms do not apply to consumer relationships (B2C).
3. Quotations and Agreement Formation
All quotations issued by SamenGro Consulting are non-binding and valid for 30 calendar days from the date of issue, unless otherwise stated. A binding agreement is only formed when SamenGro Consulting has confirmed acceptance of a Client’s order in writing (including by email), or when SamenGro Consulting begins execution of the agreed services with the Client’s knowledge.
SamenGro Consulting reserves the right to refuse any order without providing reasons.
4. Services
SamenGro Consulting provides MarTech consulting and integration services, including but not limited to:
- Lead Leakage Health Checks — audits of marketing technology stacks
- MarTech Optimisation — configuration reviews and workflow improvements
- Custom Integrations — API development and data synchronisation
Services are delivered on a best-efforts basis (inspanningsverplichting) unless a specific result has been explicitly agreed upon in writing. SamenGro Consulting is an independent contractor and not an employee of the Client.
5. Client Obligations
The Client agrees to:
- Provide all information, access, and materials reasonably required for SamenGro Consulting to deliver the agreed services in a timely manner
- Ensure that any data, systems, or credentials shared with SamenGro Consulting are lawfully obtained and that the Client has the right to share them
- Designate a contact person with sufficient decision-making authority to provide approvals and feedback
- Notify SamenGro Consulting promptly of any changes that may affect the scope or delivery of services
If the Client fails to fulfil these obligations and this causes delay or additional work, the resulting costs and consequences are for the Client’s account.
6. Fees, Invoicing & Payment
- Fees
Fees are agreed per engagement and specified in the relevant quotation or statement of work. Unless stated otherwise, all prices are exclusive of VAT (BTW) at the applicable Dutch rate. - Invoicing
SamenGro Consulting will invoice as specified in the project agreement. For longer engagements, invoicing may occur in instalments (e.g. 50% upfront, 50% on completion). - Payment Terms
Invoices are due within 14 calendar days of the invoice date, unless otherwise agreed in writing. In the event of late payment, SamenGro Consulting is entitled, without further notice, to charge statutory commercial interest (wettelijke handelsrente) under Article 6:119a of the Dutch Civil Code (BW), calculated from the due date. If legal or collection costs are incurred due to non-payment, these costs are borne by the Client.
7. Intellectual Property
All intellectual property rights in deliverables, methodologies, tools, templates, and work products created by SamenGro Consulting remain the property of SamenGro Consulting, unless explicitly transferred in writing.
Upon full payment of the agreed fees, the Client receives a non-exclusive, non-transferable licence to use the deliverables for their own internal business purposes. The Client may not resell, sublicense, or transfer deliverables to third parties without prior written consent.
SamenGro Consulting retains the right to use general knowledge, skills, and experience gained during an engagement in future projects.
8. Confidentiality
Both parties agree to treat all non-public information received from the other party as confidential and not to disclose it to third parties without prior written consent, except where required by law or regulation.
This obligation remains in force for a period of two years after the end of the agreement, unless the parties agree otherwise in writing.
9. Limitation of Liability
SamenGro Consulting’s total liability for any direct damages arising from or in connection with the performance of services is limited to the total fees paid by the Client for the specific engagement giving rise to the claim, in the 3 months preceding the event.
SamenGro Consulting is not liable for:
- Indirect, consequential, or incidental damages, including loss of revenue, loss of data, or business interruption
- Damage resulting from the Client providing incorrect, incomplete, or untimely information
- Damage caused by third-party tools, platforms, or systems used in connection with the services
Nothing in these Terms limits liability for fraud, wilful misconduct (opzet), or gross negligence (grove nalatigheid).
10. Force Majeure
SamenGro Consulting is not liable for failure or delay in performing obligations due to circumstances beyond our reasonable control, including but not limited to illness, natural disasters, government measures, power outages, or internet disruption. In such cases, SamenGro Consulting will notify the Client as soon as reasonably possible. If a force majeure situation lasts longer than 30 days, either party may terminate the agreement in writing without liability, with the Client owing payment only for services already rendered.
11. Termination
Either party may terminate an ongoing agreement by providing 30 calendar days’ written notice, unless a specific project end date has been agreed. SamenGro Consulting may terminate with immediate effect if the Client is in material breach of these Terms, fails to pay within the agreed period, or enters insolvency proceedings. Upon termination, all outstanding invoices for work completed become immediately due.
12. Data Protection
Both parties agree to comply with the Algemene Verordening Gegevensbescherming (AVG/GDPR) and applicable Dutch data protection law. Where SamenGro Consulting processes personal data on behalf of the Client in the course of providing services, the parties will enter into a separate Data Processing Agreement (Verwerkersovereenkomst) as required by Article 28 AVG. For information on how SamenGro Consulting processes personal data in relation to its own website, please refer to our Privacy Statement at www.samengro.com/privacy-statement/.
12. Data Protection
Both parties agree to comply with the Algemene Verordening Gegevensbescherming (AVG/GDPR) and applicable Dutch data protection law. Where SamenGro Consulting processes personal data on behalf of the Client in the course of providing services, the parties will enter into a separate Data Processing Agreement (Verwerkersovereenkomst) as required by Article 28 AVG. For information on how SamenGro Consulting processes personal data in relation to its own website, please refer to our Privacy Statement at www.samengro.com/privacy-statement/.
13. Complaints
If you have a complaint about our services, please contact us first at info@samengro.com. We will respond within 14 calendar days of receipt. If we are unable to reach a satisfactory resolution, you may escalate the matter in accordance with Dutch law.
14. Governing Law & Jurisdiction
These Terms and all agreements between SamenGro Consulting and its Clients are governed exclusively by Dutch law (Nederlands recht). Any disputes that cannot be resolved amicably will be submitted to the exclusive jurisdiction of the competent court in the district of the Netherlands where SamenGro Consulting is registered, unless mandatory law provides otherwise.
15. Amendments
SamenGro Consulting reserves the right to amend these Terms at any time. The most current version will always be published at www.samengro.com/terms-conditions/. For ongoing engagements, the Terms in force at the time the agreement was formed will continue to apply unless both parties agree otherwise in writing.
Questions?
Contact us at: info@samengro.com
SamenGro Consulting | KVK: 99628333 | VAT: NL005399611B89 | www.samengro.com