These Terms of Service (“Terms”) govern the relationship between The North Solution (“North”, “we”, “our”, “us”) and any client (“Client”, “you”, “your”) who engages our services. By entering into an Agreement with North, you agree to these Terms.
1. Definitions
- Company / North: Refers to The North Solution, the marketing & growth agency providing services under this Agreement.
- Client: Refers to the individual, company, or entity engaging North for services.
- Services: Refers to the marketing, growth, and consulting solutions offered by North, including but not limited to SEO, CRO, paid advertising, content marketing, and strategic consulting.
- Agreement: Refers to the binding contract (including these Terms) between North and the Client.
2. Scope of Services
North will provide the Services as outlined in the Agreement, proposal, or statement of work. Services may include:
- Search Engine Optimization (SEO)
- Conversion Rate Optimization (CRO)
- Paid Advertising Campaigns (e.g., Google Ads, Meta Ads)
- Content Strategy & Content Marketing
- Growth Consulting & Advisory
North will use reasonable skill and care in delivering Services, but results may vary depending on market conditions, competition, and other external factors.
3. Client Responsibilities
To ensure effective delivery of Services, the Client agrees to:
- Provide timely, accurate, and complete information necessary for North to perform the Services.
- Provide access to relevant platforms, accounts, and tools as required.
- Review and approve deliverables promptly.
- Make all payments in accordance with these Terms.
- Comply with applicable laws in connection with the use of Services.
4. Payment Terms
- Invoices will be issued in accordance with the Agreement or project scope.
- Payment is due within 14 days of the invoice date, unless otherwise agreed.
- Late payments may incur interest of 1.5% per month (or the maximum rate permitted by law).
- Fees paid are generally non-refundable, except where North fails to deliver Services as explicitly agreed in writing.
- Any additional costs (e.g., advertising spend, third-party tools) will be the responsibility of the Client unless stated otherwise.
5. Intellectual Property
- All materials, strategies, campaigns, and deliverables created by North remain North’s intellectual property until full payment has been received.
- Upon full payment, ownership of final deliverables (such as content, reports, and campaign assets) transfers to the Client, unless otherwise specified.
- North retains the right to use anonymized results and case studies for marketing purposes, unless the Client requests otherwise in writing.
- Pre-existing materials, tools, templates, or methodologies remain the property of North.
6. Confidentiality & Non-Disclosure
- Both parties agree to keep all non-public business, technical, and financial information confidential.
- Confidential information may not be disclosed to third parties without prior written consent, unless required by law.
- This obligation continues after the termination of the Agreement.
7. Limitation of Liability & Disclaimers
- North will not be liable for indirect, incidental, or consequential damages arising from the Services.
- The Client acknowledges that marketing outcomes cannot be guaranteed, as they depend on external factors beyond North’s control.
- North’s total liability under this Agreement will not exceed the total fees paid by the Client for the Services in the preceding three (3) months.
- All Services are provided “as is” without warranties of any kind, express or implied.
8. Termination
- Either party may terminate the Agreement with 30 days’ written notice.
- North may terminate immediately if the Client fails to pay fees, breaches confidentiality, or engages in unlawful activity.
- Upon termination, all outstanding fees become immediately due.
- Any rights or obligations intended to survive termination (e.g., confidentiality, intellectual property, limitation of liability) will remain in effect.
9. Governing Law
These Terms and any Agreement with North shall be governed by and construed in accordance with the laws of the Netherlands and applicable EU law.
Any disputes shall be subject to the exclusive jurisdiction of the courts in the Netherlands.
10. Entire Agreement
These Terms, together with the Agreement or statement of work, represent the entire understanding between North and the Client, superseding all prior discussions or agreements.
By engaging The North Solution, the Client acknowledges that they have read, understood, and agreed to these Terms of Service.