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  2. Terms of service

Terms of service

Audience Raise is registered with the Chamber of Commerce KVK under number 82261660 and is located at Mooksebaan 27 (6562ZR). 

Article 1 – Definitions

  1. In these general terms and conditions, the following terms are used in the meanings ascribed to them below, unless explicitly stated otherwise.
  2. Offer: Any proposal or quotation to the Client for the delivery of Products and/or the performance of Services by Audience Raise.
  3. Consumer: A natural person not acting in the exercise of a profession or business.
  4. Services: The Services offered by Audience Raise include placing (digital) Products on the Client’s Social Media account.
  5. Audience Raise: The provider of Products and/or Services.
  6. Client: A natural person acting in the exercise of a profession or business who has appointed Audience Raise, granted projects to Audience Raise for Services performed by Audience Raise, or to whom Audience Raise has made a proposal based on an Agreement.
  7. Agreement: The distance sales agreement which pertains to the sale and delivery of Products purchased by the Client from Audience Raise and other obligations between Client and Audience Raise, as well as proposals from Audience Raise for Services provided to the Client and accepted and executed by Audience Raise, forming an inseparable whole with these general terms and conditions.
  8. Products: The Products offered by Audience Raise include, but are not limited to, (digital) Products such as followers, likes, views, comments, and saves.
  9. Social Media: Instagram, YouTube and TikTok account of the Client for which they use the services of Audience Raise.
  10. Website: The website used by Audience Raise is https://audienceraise.com/ 

Article 2 – Applicability

  1. These general terms and conditions apply to every Offer of Audience Raise, every Agreement between Audience Raise and the Client, and every Service and/or Product offered by Audience Raise.
  2. Before an Agreement is concluded, the Client will be provided with these general terms and conditions. If this is not reasonably possible, Audience Raise will indicate how the Client can view the general terms and conditions.
  3. The Client agrees that the Services are only used for their own (personal) Social Media account for which the Client has given permission.
  4. The Services/Products of Audience Raise are limited to Clients aged 18 and over. If the Client has not yet reached the age of 18, they are entitled to use the Services/Products of Audience Raise with permission from their parents or legal guardians.
  5. Deviation from these general terms and conditions by the Client is not possible. In exceptional situations, deviations from the general terms and conditions can be made if this is explicitly and in writing agreed with Audience Raise.
  6. These general terms and conditions also apply to additional, modified, and follow-up orders from the Client.
  7. The general terms and conditions of the Client are excluded.
  8. If one or more provisions of these general terms and conditions are partially or wholly null and void or are annulled, the remaining provisions of these general terms and conditions will remain in effect, and the null/voided provision(s) will be replaced by a provision with the same purport as the original provision.
  9. Ambiguities about the content, interpretation, or situations not regulated in these general terms and conditions should be assessed and explained in the spirit of these general terms and conditions.
  10. If these general terms and conditions refer to she/her, this should also be interpreted as a reference to he/him/his, where applicable.
  11. In the event that Audience Raise has not always demanded compliance with these general terms and conditions, it retains its right to demand full or partial compliance.

Article 3 – The Offer

  1. All offers made by Audience Raise are without obligation, unless explicitly indicated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be expressly stated in the Offer.
  2. Audience Raise is only bound by an Offer if it is confirmed by the Client. Nevertheless, Audience Raise reserves the right to refuse an Agreement with a (potential) Client for a justifiable reason for Audience Raise.
  3. The offer contains a description of the offered Services and Products. The description is sufficiently specified, allowing the Client to make a good assessment of the offer. Any images and data in the offer are only an indication and cannot be a basis for any compensation or dissolution of the Agreement.
  4. Offers or quotations do not automatically apply to follow-up orders.
  5. Delivery times in the offer from Audience Raise are in principle indicative and do not give the Client the right to dissolution or compensation if they are exceeded,unless explicitly agreed otherwise.

Article 4 – Formation of the Agreement

  1. The Agreement is concluded at the moment the Client accepts an Offer from Audience Raise by paying for the relevant Product.
  2. An Offer can be made by Audience Raise through the Website.
  3. If the Client accepts the Offer by entering into an Agreement with Audience Raise, Audience Raise will confirm the Agreement with the Client in writing, or via email.
  4. If the acceptance (on minor points) deviates from the Offer, Audience Raise is not bound by it.
  5. Audience Raise is not obliged to an Offer if the Client could reasonably have expected or should have understood or ought to have understood that the Offer contains an obvious mistake or clerical error. The Client cannot derive any rights from this mistake or error.
  6. The right of withdrawal is excluded for the purchase of (digital) Products, if the Client explicitly waives this right.

Article 5 – Execution of the Agreement

  1. Audience Raise will execute the Agreement to the best of its knowledge and ability.
  2. If and insofar as required for the proper execution of the Agreement, Audience Raise has the right to have certain work performed by third parties at its discretion.
  3. The Client ensures that all data, which Audience Raise indicates are necessary or which the Client should reasonably understand to be necessary for the execution of the Agreement, are provided to Audience Raise in a timely manner. If the data required for the execution of the Agreement have not been provided to Audience Raise in time, Audience Raise has the right to suspend the execution of the Agreement.
  4. In the execution of the Agreement, Audience Raise is not obliged or required to follow the instructions of the Client if it changes the content or scope of the Agreement. If the instructions result in additional work for Audience Raise, the Client is obliged to reimburse the additional or associated costs.
  5. Audience Raise can demand security from the Client before proceeding with the execution of the Agreement, or full advance payment.
  6. Audience Raise is not liable for any damage of any nature caused by Audience Raise based on incorrect and/or incomplete information provided by the Client, unless this inaccuracy or incompleteness was known to Audience Raise.
  7. The Client indemnifies Audience Raise for any claims of themselves and third parties who suffer damage in connection with the execution of the Agreement and which is attributable to the Client.
  8. In case of (possible) criminal acts, Audience Raise is entitled to report this and hand over the data provided by the Client to the competent authorities, as well as to perform all actions requested of it in the context of the investigation.
  9. Comments placed during the payment process by the Client are not processed by Audience Raise.

Article 6 – Delivery

  1. If the start, progress, or delivery of the Agreement is delayed because, for example, the Client has not provided all requested information in time, does not provide sufficient cooperation, the (advance) payment has not been received by Audience Raise on time, or due to other circumstances beyond the control of Audience Raise, Audience Raise is entitled to a reasonable extension of the delivery period. All agreed delivery times are never fatal terms. The Client must give Audience Raise written notice of default and allow a reasonable period to still deliver. The Client has no right to any compensation due to the delay.
  2. All damage and additional costs as a result of delay due to a cause mentioned in paragraph 1 are at the expense and risk of the Client and will be charged to the Client by Audience Raise.
  3. Audience Raise strives to realize the service within the agreed term, as far as this can reasonably be expected of it. After placing an order and completing the payment, the Products will be placed on the Client’s Social Media account as soon as possible.
  4. Audience Raise strives to deliver the Agreement as much as possible in accordance with the Offer.

Article 7 – Client’s Obligations

  1. The Client is obliged to provide all the information requested by Audience Raise before the start of the work and in the desired form for the correct and effective execution of the Agreement. If this is not the case, Audience Raise may not be able to fully execute the Agreement. The consequences of such a situation are always at the expense and risk of the Client.
  2. Audience Raise is not obliged to check the accuracy and/or completeness of the information provided to it or to update the Client with regard to the information if it has changed over time, nor is Audience Raise responsible for the accuracy and completeness of the information compiled by Audience Raise for third parties and/or provided to third parties in the context of the Agreement.
  3. Audience Raise can, if necessary for the execution of the Agreement, request additional information. If this is lacking, Audience Raise is entitled to suspend its work until the information is received, without being obliged to compensate any damage of any kind to the Client. In the event of changed circumstances, the Client must immediately, or at least within 3 working days after the change has become known, make this known to Audience Raise. 
  4. The Client must provide the correct URL to Audience Raise for the placement of Products on the Client’s Social Media account.

Article 8 – Additional Work and Changes

  1. If during the execution of the Agreement it appears that the Agreement needs to be adjusted, or at the request of the Client, additional work is necessary to achieve the desired result of the Client, the Client is obliged to pay for these additional services at the agreed rate. Audience Raise is not obliged to comply with this request and may require that a separate Agreement be concluded for this purpose and/or be referred to a competent third party.
  2. If the additional work is the result of negligence by Audience Raise, a wrong estimation by Audience Raise, or if the respective work could reasonably have been foreseen by Audience Raise, these costs will not be charged to the Client.

Article 9 – Prices and Payment

  1. During the validity period of the Offer, the prices of the offered Products will not be increased, except in the case of changes in government-imposed VAT rates.
  2. All prices are, in principle, inclusive of value-added tax (VAT), unless otherwise agreed.
  3. Payment is preferably made in advance in the currency in which it is invoiced using the indicated method.
  4. The parties may agree that the Client must pay an advance. If an advance has been agreed upon, the Client must pay the advance before the commencement of the service.
  5. If a periodic payment obligation of the Client has been agreed upon, Audience Raise is entitled to adjust the applicable prices and rates in writing with a notice period of 3 months.
  6. The Client cannot derive any rights or expectations from a previously issued budget unless the parties have explicitly agreed otherwise.
  7. In case of liquidation, bankruptcy, seizure, or suspension of payment of the Client, the claims of Audience Raise on the Client are immediately due.
  8. Audience Raise has the right to allow the payments made by the Client to be deducted first from the costs, then from the overdue interest and finally from the principal sum and the current interest. Audience Raise can, without being in default, refuse an offer of payment if the Client designates a different order for the allocation. Audience Raise can refuse full repayment of the principal sum if the overdue and current interest and costs are not also paid.
  9. Audience Raise is entitled to increase the applicable prices and rates annually in accordance with the applicable inflation rates. Other price changes during the Agreement are only possible if and insofar as they have been explicitly laid down in the Agreement.
  10. In case of liquidation, insolvency, bankruptcy, involuntary liquidation, or payment request against the Client, the payment and all other obligations of the Client under the Agreement become immediately due.
  11. If Audience Raise has incurred more or higher costs that are reasonably necessary, these costs qualify for reimbursement. Also, the judicial and execution costs incurred are for the account of the Client.

Article 10 – Collection Policy

  1. If the Client does not meet its payment obligation and has not fulfilled its obligation within the payment term set for it, the Client will first receive a written reminder with a term of 14 days after the date of the reminder to still meet the payment obligation, with an indication of the extrajudicial costs if the Consumer does not meet its obligations within that period, before it is in default.
  2. From the date the Client is in default, Audience Raise will have the right to the statutory commercial interest from the first day of default until full payment, and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, calculated according to the scale from the decision on compensation for extrajudicial collection costs of July 1, 2012.
  3. If Audience Raise has incurred more or higher costs which are reasonably necessary, these costs are eligible for reimbursement. Also, the full judicial and execution costs incurred are for the account of the Client.

Article 11 – Retention of Title

  1. All items delivered by Audience Raise remain the property of Audience Raise until the Client has fulfilled all subsequent obligations from all Agreements concluded with Audience Raise.
  2. The Client is not authorized to pledge the items falling under the retention of title or to encumber them in any other way if the ownership has not fully passed.
  3. If third parties seize the goods delivered under retention of title or wish to establish or exercise rights thereon, the Client is obliged to inform Audience Raise as soon as may reasonably be expected.
  4. In the event that Audience Raise wishes to exercise its property rights indicated in this article, the Client already gives unconditional and irrevocable consent to Audience Raise or third parties designated by it to enter all those places where the properties of Audience Raise are located and to take those items back.
  5. Audience Raise has the right to withhold the Products purchased by the Client if the Client has not yet (fully) met its payment obligations, despite an obligation to transfer or deliver from Audience Raise. After the Client has fulfilled.its obligations, Audience Raise will endeavor to deliver the purchased Products as soon as possible, but no later than within 20 working days, to the Client.
  6. Costs and other (consequential) damage resulting from keeping the purchased Products are for the account and risk of the Client and will be reimbursed to Audience Raise upon their first request.