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Terms & Conditions

Terms & Conditions

Version 1.1 – Issued on 23-03-2025

These General Terms and Conditions apply to all offers, quotations, agreements, and services provided by Wescales (New Marketing BV), legally registered at Vendelier 2, 3905 PA Veenendaal.

For questions or contact: administration@wescales.io

Article 1. The contractual relationship between Wescales and the client

  • The contractual relationship between Wescales and the client is always established in writing.
  • These General Terms and Conditions apply to all offers, quotations, and agreements of Wescales.
  • Wescales expressly rejects the applicability of any general terms and conditions from the client in offers, quotations, or contractual agreements.
  • Agreements between Wescales and the client may also be confirmed digitally.
  • In case of contradictions or ambiguities, the following order of precedence applies when determining agreements:
    1. The written agreement between Wescales and the client
    2. The underlying quotation from Wescales
    3. These General Terms and Conditions
    4. Prior correspondence between the parties

Article 2. Nature and scope of the work

  • Wescales has an obligation of effort: the agreed work will be performed to the best of its ability. Any statements about possible results are indicative. An obligation of result or guarantee only applies if expressly agreed in writing.
  • Wescales may have work carried out by third parties. The costs thereof will only be charged with prior consent of the client.
  • Additional work (outside the original scope) will be reimbursed on a post-calculation basis. Wescales is not obliged to accept additional work.

Article 3. Prices and payment terms

  • All prices are in euros, excluding VAT and any other levies or surcharges imposed by authorities.
  • All costs arising from the agreement are borne by the client, unless expressly agreed otherwise in writing.
  • Invoicing takes place monthly and is done electronically via the email address administration@wescales.io. The client expressly agrees to this.

Article 4. Termination of the contractual relationship

  • The client has the right to terminate the agreement with Wescales at any time, without notice period and without stating reasons, in writing.
  • In case of interim termination by the client, the client is obliged to pay for the work performed and costs incurred by Wescales up to the moment of termination.
  • Wescales may terminate the agreement with one month’s notice, unless otherwise agreed in writing.
  • If Wescales implements a price increase, the client is also entitled to terminate the agreement immediately in writing. This must be done within 14 days of notification of the price increase; otherwise, the increase is deemed accepted.

Article 5. Ownership of the Google Ads account

  • If the Google Ads account has been created and managed by the contractor, ownership and management of this account remain with the contractor until all outstanding invoices have been fully paid. This provision only applies in case of termination of the agreement between the parties.
  • The contractor reserves the right to transfer the account and associated management access to the client only after all outstanding payment obligations have been fulfilled. After full payment, the usage rights and management access will be transferred to the client, who can then manage the account independently.
  • The contractor is not liable for any (financial) damage, losses, or claims resulting from the use, access, or management of the Google Ads account after transfer to the client. From the moment of transfer, the client is solely responsible for the use and management of the account, including compliance with Google’s terms and conditions and other applicable laws and regulations.
  • If the client fails to pay (part of) the outstanding invoices, the contractor reserves the right to temporarily block access to the Google Ads account until payment obligations have been fulfilled.
  • The contractor retains all other rights, including intellectual property rights relating to the campaign structures, advertising materials, and strategies used by the contractor, unless expressly agreed otherwise in writing.

Article 6. Liability and damages

  • The client may hold Wescales accountable for performance of the agreement, but not for damages. A written notice of default must include a clear description with a minimum recovery period of two weeks.
  • If Wescales is found liable, liability is limited to 50% of the amount owed by the client, with a maximum of €10,000. Indirect damages (such as consequential damages, loss of profit, business interruption) will not be compensated.
  • The client indemnifies Wescales against third-party claims related to the execution of the agreement, insofar as these are not attributable to Wescales.

Article 7. Personnel of Wescales

  • The client may not employ or engage Wescales’ personnel, directly or indirectly, for up to one year after the end of the collaboration. In case of violation, a penalty of €50,000 per incident applies. If this is not legally enforceable, a reasonable compensation will be due for investments in recruitment and training.
  • If personnel work on the client’s premises, the client must ensure a safe working environment in accordance with applicable (labor) regulations.

Article 8. Confidentiality

  • Both parties shall treat information exchanged during or after the agreement as confidential if it is marked as such or should reasonably be considered confidential. This obligation also applies to employees and engaged third parties.

Article 9. Intellectual property rights

  • All copyrights and other intellectual property rights of services/products provided by Wescales remain with Wescales. If transfer is desired and legally feasible, this may take place upon written request and against compensation, provided the client has fully met its obligations.
  • The information/documentation provided by Wescales is for internal use by the client only. Disclosure or reproduction is only permitted with written consent.
  • Wescales may use knowledge gained in anonymized form for other purposes.

Article 10. General provisions

  • All legal relationships with Wescales are governed exclusively by Dutch law. Where possible, this agreement will be recognized and enforced internationally, in compliance with relevant international treaties and regulations.
  • If any provision is found to be invalid, the remaining provisions remain in force. The parties will then jointly establish a new provision that corresponds as closely as possible to the original intent.

Questions about these terms? Please contact us at administration@wescales.io

Contact Us

New Marketing BV

Vendelier 2

3905 PA, Veenendaal

The Netherlands