Terms & Conditions

1. Who we are

In these terms, "Brandarchway", "we", "us" and "our" refer to the above company; "you", "your" and "Client" refer to the person or organisation using our website or engaging our services.

2. Definitions

• Services: the marketing consultancy, brand, lead-generation, training and team-enablement services we provide.
• Agreement: the proposal, quote, statement of work or order, together with these terms, that governs an engagement.
• Deliverables: the materials, documentation, systems and outputs we deliver under an Agreement.
• Website: brandarchway.com and its subdomains.

3. Applicability

For an engagement, these terms apply when the proposal or agreement makes them applicable and they have been made available before the agreement is concluded. Section 16 describes the rules for using our Website. They prevail over any purchasing or other terms of the Client, which are expressly rejected, unless we have accepted them in writing. If any provision is invalid or unenforceable, the remaining provisions stay in full effect.

4. Our services

We provide marketing consultancy, including brand and positioning, websites, campaigns, lead generation, marketing training and the transfer of marketing capability to you or your team. The exact scope, deliverables, timeline and fees of each engagement are set out in the relevant proposal or Agreement.

5. Quotes and formation of the agreement

Our quotes and proposals are without obligation and valid for 30 days unless stated otherwise. An Agreement is formed when you accept a proposal in writing (including by email), or when we begin performing the Services at your request. Verbal commitments only bind us once confirmed in writing.

6. Fees, invoicing and payment

• Fees are as stated in the Agreement and are exclusive of VAT and any third-party costs (e.g. ad spend, software, stock media), unless stated otherwise.
• Unless agreed otherwise, invoices are payable within 14 days of the invoice date.
• If you do not pay on time, statutory commercial interest and reasonable collection costs become due, and we may suspend the Services until payment is received.
• We may review and adjust recurring or ongoing fees with reasonable prior notice.

7. Your cooperation

To deliver the Services, we depend on your timely cooperation. You agree to provide accurate information, necessary access (such as accounts and tools), feedback and approvals within reasonable timeframes. Delays caused by late or incomplete input may affect timelines and costs, for which we are not responsible.

8. Intellectual property

Our model is built around ownership: upon full payment for the relevant engagement, the Deliverables created specifically for you transfer to you or are licensed to you for your own use, as specified in the Agreement.

We retain all rights to our pre-existing materials, methods, frameworks, know-how and tools, and to any general skills and experience gained. We may use anonymised, non-confidential learnings to improve our Services. Third-party materials (such as fonts, stock media or software) remain subject to their own licences.

9. Accounts and third-party tools

Where possible, we build and run systems within your own accounts and platforms, so they remain yours. You are responsible for the costs, terms and compliance of any third-party tools, platforms or media used in connection with the Services.

10. Confidentiality

Each party will keep the other's confidential information secret, use it only for the purpose of the Agreement, and not disclose it to third parties without consent, except where required by law. This obligation continues after the engagement ends.

11. Data protection

We process personal data in accordance with our Privacy Policy and, where we act as a processor on your behalf, under a data-processing agreement. Each party will comply with applicable data-protection law (including the GDPR/AVG).

12. Warranties and disclaimers

We perform the Services with professional care and skill. Our obligation is one of best efforts, not of a specific result: marketing outcomes depend on many factors outside our control, so we do not guarantee specific results, rankings, revenue or lead volumes. The Website and any free materials are provided "as is", without warranties of any kind to the extent permitted by law.

13. Limitation of liability

To the maximum extent permitted by law:

• Our total liability arising out of or in connection with an Agreement is limited to the fees paid by you for the engagement to which the claim relates (or, for ongoing engagements, the fees paid in the 3 months before the event giving rise to liability).
• We are not liable for indirect or consequential loss, including lost profits, lost revenue, lost data, missed savings or reputational harm.
• These limitations do not apply in the event of intent or deliberate recklessness on our part, or to any liability that cannot be limited or excluded by law.

14. Term, termination and cancellation

Engagements run for the term set out in the Agreement. Either party may terminate the Agreement with written notice if the other materially breaches it and fails to remedy the breach within 14 days of written notice, or upon the other party's insolvency. On termination, you remain liable to pay for all Services performed and costs committed up to the termination date.

15. Force majeure

Neither party is liable for failure or delay caused by circumstances beyond its reasonable control (including outages, strikes, supplier failures, government measures or natural events). Obligations are suspended for the duration of the force-majeure event.

16. Use of the website

You may use our Website for lawful purposes only. You may not misuse it, attempt to gain unauthorised access, scrape or harvest data, introduce malicious code, or interfere with its operation. All content on the Website is owned by Brandarchway or its licensors and may not be reproduced without permission. The Website may link to third-party sites we do not control and are not responsible for.

17. Changes to these terms

We may update these terms from time to time. The version in force at the time an Agreement is concluded applies to that engagement. For website use, the version published here applies. Material changes will be reflected by a new "Last updated" date.

18. Governing law and jurisdiction

These terms and any Agreement are governed by the laws of the Netherlands. Any disputes will be submitted to the competent court in the Netherlands, unless mandatory law provides otherwise.

19. Contact

Questions about these terms? Contact us: