Term's & Conditions

These terms and conditions apply to all services provided by Flowpepper (Band of Brands B.V., KvK: 87753243), hereinafter referred to as "Flowpepper." By engaging our services, you agree to these terms.

Definitions

"Client" refers to the natural person or legal entity that engages Flowpepper for services. "Services" refers to marketing, automation, AI implementation, database reactivation, and related services as described in the applicable proposal or agreement. "Agreement" refers to any contract, proposal, or order confirmation between Flowpepper and the Client.

Applicability

These terms apply to all offers, proposals, agreements, and services provided by Flowpepper. Any deviations from these terms are only valid if agreed upon in writing. The Client's own terms and conditions are explicitly rejected unless accepted by Flowpepper in writing.

Proposals and agreements

All proposals are non-binding unless stated otherwise. An agreement is established when a proposal is accepted by the Client in writing (including email) or when Flowpepper begins executing services with the Client's knowledge. Proposals are valid for 14 days unless otherwise indicated.

Scope of services

Flowpepper provides marketing, automation, and AI-driven services as specified in the agreement. Flowpepper reserves the right to engage third parties for the execution of services. Unless explicitly agreed otherwise, Flowpepper's obligations are best-effort obligations, not obligations to achieve a specific result.

No-cure-no-pay services

Certain services, such as database reactivation, may be offered on a no-cure-no-pay basis. In such cases, the specific terms, success criteria, and payment conditions will be defined in the applicable proposal. Flowpepper is entitled to reasonable compensation for preparatory work if the Client terminates the agreement before completion without valid cause.

Standard payment terms

Unless a no-cure-no-pay arrangement applies, invoices are due within 14 days of the invoice date. All prices are exclusive of VAT unless stated otherwise. If payment is not received within the stated period, the Client is in default and Flowpepper is entitled to charge statutory commercial interest and collection costs.

Client obligations

The Client is responsible for providing accurate and timely information, data, and access required for the execution of services. This includes access to CRM systems, lead databases, advertising accounts, and any relevant platforms. Delays caused by the Client do not affect Flowpepper's right to compensation.

Intellectual property

All materials, strategies, automations, workflows, and content created by Flowpepper remain the intellectual property of Flowpepper unless explicitly transferred in writing. Upon full payment, the Client receives a non-exclusive license to use the deliverables for the agreed purpose.

Confidentiality

Both parties agree to keep confidential any information obtained during the agreement that is reasonably understood to be confidential. This obligation survives the termination of the agreement. Flowpepper will not share Client data with third parties unless required for service delivery or by law.

Liability

Flowpepper's total liability is limited to the amount invoiced to the Client in the three months preceding the event that caused the damage. Flowpepper is not liable for indirect damages, including but not limited to loss of revenue, lost profits, missed savings, or reputational damage. Flowpepper is not liable for damages resulting from incorrect or incomplete information provided by the Client.

Force majeure

Flowpepper is not liable for failure to perform due to circumstances beyond its reasonable control, including but not limited to server outages, third-party service failures, internet disruptions, or changes in platform policies. In case of prolonged force majeure (more than 60 days), either party may terminate the agreement without compensation.

Duration and termination

Unless otherwise agreed, agreements are entered into for the duration of the project or campaign. Either party may terminate the agreement in writing with a notice period of 30 days. In case of termination, services rendered up to the termination date remain payable.

Amendments

Flowpepper reserves the right to amend these terms. Amended terms apply to new agreements and to existing agreements upon 30 days written notice. If the Client does not agree with the amended terms, they may terminate the agreement before the amendments take effect.

Applicable law and disputes

These terms and all agreements between Flowpepper and the Client are governed by Dutch law. Any disputes will first be attempted to resolve amicably. If no resolution is reached, disputes will be submitted to the competent court in the district where Flowpepper is registered.

Contact

Flowpepper (Band of Brands B.V.), KvK: 87753243. For questions regarding these terms, contact us at: [email protected]

Last updated: May, 2026