Terms of Service for Advocare Customer Advocacy B.V.
These Terms of Service govern the access to and use of the services provided by Advocare Customer Advocacy B.V., a Customer-Advocacy business established at Molenwerf 20, 1911 DB Uitgeest, Netherlands, including any related websites, portals, reports, dashboards, communications, and deliverables (collectively, the “Services”). By engaging, accessing, or using the Services, the client or user (“Client”, “you”, or “your”) agrees to be bound by these Terms of Service.
If you do not agree to these Terms of Service, you must not use the Services.
1. Introduction and Acceptance of Terms
These Terms of Service constitute a binding agreement between the Client and Advocare Customer Advocacy B.V. (“Company”, “we”, “us”, or “our”). These Terms apply to all Services provided by the Company, including customer advocacy program design, Voice of Customer feedback collection and analysis, referral and testimonial campaign management, customer journey mapping and experience improvement, community advocacy strategy and engagement, customer reference management for sales teams, and advocacy performance reporting and insight dashboards.
By placing an order, signing an engagement letter, accepting a proposal, accessing deliverables, or otherwise using the Services, you acknowledge that you have read, understood, and agree to these Terms, together with any written order form, statement of work, proposal, data processing terms, or other applicable agreement entered into with the Company.
2. Scope of Services
The Company provides customer-advocacy consulting and related services, which may include, without limitation:
- Customer advocacy program design and strategy;
- Voice of Customer feedback collection, structuring, and analysis;
- Referral and testimonial campaign management;
- Customer journey mapping and experience improvement recommendations;
- Community advocacy strategy and engagement support;
- Customer reference management for sales teams;
- Advocacy performance reporting and insight dashboards;
- Workshops, training, advisory sessions, and implementation support;
- Preparation of reports, templates, playbooks, and other deliverables.
The precise scope, deliverables, timelines, milestones, fees, and assumptions for any engagement will be specified in a separate proposal, statement of work, engagement letter, or written confirmation. In the event of a conflict between such documents and these Terms, the more specific written agreement shall prevail to the extent of the conflict.
The Company does not guarantee specific commercial outcomes, including, without limitation, increased conversions, revenue, retention, referrals, testimonials, or customer satisfaction results, unless expressly agreed in writing.
3. User Obligations and Responsibilities
You agree to:
- Provide accurate, complete, and timely information necessary for the Company to perform the Services;
- Ensure that any content, materials, customer data, feedback, testimonials, or reference information you provide is lawful, accurate, and does not infringe the rights of any third party;
- Obtain all necessary consents, permissions, and authorizations required for the Company to process personal data, contact customers, or use submitted materials for the agreed purpose;
- Cooperate reasonably and respond promptly to requests for information, approvals, feedback, and access needed to deliver the Services;
- Use the Services and deliverables only for lawful business purposes and in accordance with applicable laws and regulations;
- Maintain the confidentiality of any credentials, access links, or account details provided to you;
- Not misuse, reverse engineer, copy, or redistribute the Company’s proprietary methods, templates, reports, dashboards, or materials except as expressly permitted in writing.
You are solely responsible for the legality, accuracy, quality, and appropriateness of materials you provide to the Company and for any decisions you make based on the Services or deliverables.
4. Payment Terms and Conditions
Unless otherwise agreed in writing, fees are payable in accordance with the applicable proposal, invoice, or statement of work. All fees are exclusive of VAT and any other applicable taxes, duties, or government charges, which shall be added where required by law.
- Invoices are due within the period stated on the invoice; if no period is stated, payment is due within fourteen (14) days from the invoice date.
- The Company may require advance payment, a deposit, or milestone-based payments before commencing or continuing the Services.
- Late payments may result in suspension of the Services until all outstanding amounts are paid in full.
- You are not entitled to set off, withhold, or deduct any amount from invoices except where mandatory law requires otherwise.
- Any third-party costs incurred at your request, including software, research tools, travel, hosting, or platform fees, may be charged separately unless expressly included in the agreed fees.
In the event of non-payment, the Company reserves the right to charge reasonable collection costs and statutory interest to the fullest extent permitted by applicable law.
5. Cancellation and Refund Policy
Cancellation terms shall be governed by the relevant proposal, statement of work, or engagement letter. Unless otherwise agreed in writing:
- The Company may cancel or suspend Services if you materially breach these Terms, fail to cooperate, or fail to pay amounts due;
- You may cancel scheduled Services by providing written notice to the Company;
- Fees for Services already performed, work in progress, committed third-party costs, and non-cancellable resources remain payable upon cancellation;
- Deposits and prepaid fees are non-refundable except where the Company expressly agrees otherwise in writing or where mandatory law requires a refund.
Where a cancellation occurs after work has started, the Company may invoice you for the reasonable value of all Services performed up to the effective cancellation date, including preparation and administrative time.
6. Liability Limitations
To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profit, loss of revenue, loss of business, loss of goodwill, or loss of anticipated savings, arising out of or in connection with the Services or these Terms.
The Company’s total aggregate liability arising from or relating to any claim under these Terms shall not exceed the total fees paid by you to the Company for the specific Services giving rise to the claim during the six (6) months preceding the event giving rise to liability, except to the extent such limitation is prohibited by mandatory law.
Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, or any liability that cannot be excluded or limited under applicable law.
The Company is not responsible for:
- Decisions made by you based on reports, insights, or recommendations;
- The actions or omissions of third-party platforms, software providers, mailing tools, survey tools, or data processors not controlled by the Company;
- Delays caused by your failure to provide information, approvals, or access;
- Any inaccurate, incomplete, or unlawful information supplied by you or your representatives.
7. Intellectual Property Rights
Unless otherwise agreed in writing, all intellectual property rights in pre-existing materials, methodologies, tools, templates, frameworks, software configurations, know-how, and working methods used by the Company remain the exclusive property of Advocare Customer Advocacy B.V. or its licensors.
Upon full payment of all applicable fees, you are granted a non-exclusive, non-transferable, non-sublicensable license to use the deliverables created specifically for you under the applicable engagement for your internal business purposes, unless otherwise stated in writing.
You may not:
- Copy, publish, resell, sublicense, or distribute the Company’s proprietary materials except as expressly permitted;
- Remove or alter proprietary notices, copyright statements, or attribution notices;
- Use the Company’s deliverables to create competing services or derivative commercial offerings without prior written consent.
You represent and warrant that any materials you provide to the Company do not infringe the intellectual property rights of any third party. You grant the Company a limited license to use such materials solely for the purpose of performing the Services.
8. Data Protection and Privacy
The Company will handle personal data in accordance with applicable data protection laws and, where required, any separate data processing agreement or privacy notice.
Depending on the engagement, the Company may process personal data provided by you or collected on your behalf for purposes such as customer feedback analysis, advocacy program administration, testimonial management, reference coordination, reporting, and service delivery.
You are responsible for ensuring that you have a lawful basis to share personal data with the Company and to authorize the Company to process it for the agreed purposes. Where the Company processes personal data as a processor on your behalf, the parties shall cooperate in good faith to implement appropriate contractual safeguards and security measures.
The Company will take reasonable technical and organizational measures designed to protect personal data against unauthorized access, loss, alteration, or disclosure. However, no system can be guaranteed to be completely secure.
If you submit personal data of customers, prospects, employees, or other individuals, you must ensure that appropriate notices and consents have been obtained where required, especially for outreach, testimonial use, referral campaigns, or reference coordination.
9. Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations where such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemic or pandemic events, war, terrorism, labor disputes, governmental action, cyberattacks, utility failures, internet disruptions, third-party service outages, or other force majeure events.
If a force majeure event continues for a prolonged period, the parties shall consult in good faith regarding a revised timeline, suspension, or termination of the affected Services.
10. Changes to Terms
The Company may revise these Terms from time to time to reflect changes in law, business practices, or the scope of its Services. Updated Terms will be posted or otherwise communicated to you and will take effect on the date specified in the notice.
Your continued use of the Services after the effective date of any updated Terms constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Services and, where applicable, notify the Company regarding the status of any ongoing engagement.
11. Applicable Law and Jurisdiction
These Terms and any dispute, claim, or controversy arising out of or in connection with them, including non-contractual obligations, shall be governed by and construed in accordance with the laws applicable in the Netherlands, without regard to conflict-of-law principles, subject always to mandatory consumer or protective laws, if any, that cannot be excluded.
Any dispute arising under or in connection with these Terms shall be submitted to the competent courts in the Netherlands, unless mandatory law requires otherwise.
12. Contact Information
If you have any questions about these Terms or the Services, you may contact Advocare Customer Advocacy B.V. using the details below:
- Company: Advocare Customer Advocacy B.V.
- Address: Molenwerf 20, 1911 DB Uitgeest, Netherlands
- Email: [email protected]
- Phone: +31 20 794 2861
13. Severability Clause
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent court or authority, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and if such modification is not possible, the provision shall be severed. The remaining provisions of these Terms shall remain in full force and effect.
Failure by the Company to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision unless expressly acknowledged in writing by the Company.