Användarvillkor
Terms & Conditions
These Terms & Conditions apply to the website, services, proposals, collaborations, and agreements of CAREK, unless otherwise agreed in writing.
1. Definitions
In these Terms & Conditions:
- CAREK means Derol B.V., trading as CAREK;
- Client means any business, creator, individual, or organisation using or requesting services from CAREK;
- Services means all services offered by CAREK, including but not limited to marketing, digital strategy, creator support, TikTok-related support, TikTok LIVE-related support, consulting, campaign support, and related agency services;
- Platform means any third-party platform, including TikTok, TikTok LIVE, Shopify, Meta, Google, YouTube, or similar services.
2. Applicability
These Terms & Conditions apply to all offers, proposals, discussions, services, collaborations, and agreements between CAREK and the Client.
Any terms proposed by the Client are excluded unless accepted by CAREK in writing.
3. Offers and agreements
All offers, quotations, and proposals are non-binding unless explicitly stated otherwise.
An agreement becomes binding only after written confirmation by CAREK, or when CAREK begins performance of the agreed services.
4. Services
CAREK will perform services with reasonable care and professional effort.
Unless expressly agreed otherwise, all services are provided on a best-efforts basis and not as an obligation to achieve a guaranteed result.
5. Client responsibilities
The Client shall:
- provide accurate and complete information in a timely manner;
- cooperate where reasonably required;
- comply with applicable laws and platform policies;
- ensure that all content, materials, and instructions supplied to CAREK are lawful and do not infringe third-party rights.
The Client is responsible for decisions made on the basis of CAREK’s advice, reports, suggestions, or strategy proposals.
6. Pricing and payment
All prices are in EUR and exclusive of VAT unless stated otherwise.
Invoices must be paid within [14] days of the invoice date unless otherwise agreed in writing.
If the Client fails to pay on time, CAREK may suspend services and charge statutory interest and reasonable collection costs.
7. Duration and termination
Unless otherwise agreed, either party may terminate an ongoing service agreement in writing subject to a reasonable notice period.
CAREK may suspend or terminate services with immediate effect if:
- the Client materially breaches the agreement;
- payment is overdue;
- the Client provides unlawful, misleading, or harmful instructions;
- continuing the services would violate law or platform rules.
8. Intellectual property
All intellectual property rights in proposals, strategies, concepts, copy, reports, branding, workflows, methods, presentations, and other materials created by CAREK remain with CAREK unless explicitly transferred in writing.
The Client receives only the usage rights expressly granted in writing.
9. Confidentiality
Both parties shall keep confidential all non-public information received from the other party, except where disclosure is required by law or necessary for professional advisors under confidentiality obligations.
10. Third-party platforms
CAREK may use or advise on third-party platforms. The Client acknowledges that such platforms are operated independently and may change policies, features, pricing, access conditions, or technical functionality at any time.
CAREK is not liable for the acts, omissions, outages, payment delays, moderation decisions, or policy enforcement of any third-party platform.
11. TikTok and TikTok LIVE clauses
Where services relate to TikTok, TikTok LIVE, creators, talent sourcing, creator support, agency onboarding, livestream support, monetisation support, or similar activities, the following applies:
- CAREK is an independent business and not the owner or operator of TikTok or TikTok LIVE.
- CAREK does not guarantee creator acceptance, account approval, monetisation eligibility, livestream access, visibility, traffic, gifts, rewards, conversions, or revenue.
- CAREK does not guarantee any minimum income, number of viewers, number of gifts, commissions, payouts, campaign bookings, or other performance outcomes.
- Platform rules, eligibility standards, payment systems, and enforcement decisions are controlled by the relevant platform and may change at any time.
- The Client or creator remains solely responsible for account compliance, content compliance, tax declarations, disclosures, and lawful conduct on-platform.
- CAREK is not liable for account limitations, demonetisation, withheld rewards, suspended access, rejected applications, content takedowns, or bans imposed by a platform.
- Any revenue projections, creator examples, or success stories are illustrative only and do not constitute a guarantee or warranty.
12. Compliance and content responsibility
The Client warrants that all materials, campaigns, livestreams, claims, and communications connected to the services comply with applicable law, advertising rules, platform rules, and third-party rights.
The Client indemnifies CAREK against third-party claims arising from unlawful or infringing materials provided by the Client.
13. Limitation of liability
To the fullest extent permitted by law, CAREK’s liability is limited to the amount paid by the Client for the specific service giving rise to the claim during the 3 months preceding the event causing liability.
CAREK is not liable for:
- indirect or consequential damages;
- loss of profit;
- loss of revenue;
- loss of business opportunity;
- reputational damage;
- platform penalties or account restrictions;
- losses caused by third-party tools or platforms;
- losses resulting from incomplete or incorrect information provided by the Client.
Nothing in these Terms excludes liability where exclusion is not permitted by law.
14. Force majeure
CAREK is not liable for delay or failure to perform due to circumstances beyond its reasonable control, including platform outages, internet failures, government measures, strikes, supplier failures, cyber incidents, or other force majeure events.
15. Consumer sales through the website
If CAREK sells products or digital services directly to consumers through this website, mandatory consumer law rights apply. For online consumer sales in the Netherlands and EU, consumers generally must receive clear pre-contract information and a 14-day right of withdrawal unless a legal exception applies. If that information is not properly given, the withdrawal period can be extended.
If you are going to sell on Shopify, use this section:
15A. Right of withdrawal for consumers
Consumers have the right to withdraw from a distance contract within 14 days after receiving the product, without giving reasons, unless a legal exception applies.
15B. Return conditions
The consumer must handle the product and packaging only as necessary to inspect it. If the consumer withdraws, the product must be returned in accordance with the return instructions.
15C. Refunds
Refunds will be processed after receipt of the returned product or proof of return, in accordance with applicable law.
15D. Exclusions
The right of withdrawal may not apply to certain products or services where a statutory exception exists, including clearly personalised products or fully performed digital services where the consumer consented to immediate performance and acknowledged loss of withdrawal rights, if applicable.
16. Complaints
Complaints about services or invoices must be submitted in writing within a reasonable time after the issue arises.
Submitting a complaint does not suspend the Client’s payment obligations.
17. Governing law and disputes
These Terms & Conditions and all agreements with CAREK are governed by Dutch law.
Disputes shall be submitted to the competent court in the Netherlands, unless mandatory law requires otherwise.