Terms and Conditions
General Terms and Conditions of YouthCommerce
Version February 2026
Introduction
These general terms and conditions have been drawn up with the aim of establish clear and transparent agreements between YouthCommerce and Client, so that both parties know what to expect from each other.
YouthCommerce is an online service provider focused on optimizing commercial systems, marketing and conversion structures and the generate more appointments, sales and profits for Clients operating in the service industry and/or E-commerce.
In these general conditions, YouthCommerce means: The company trading under the name YouthCommerce. By Customer is meant: any natural or legal person acting in the exercise of profession or business and enters into an agreement with YouthCommerce.
These general terms and conditions apply to all offers, agreements and activities of YouthCommerce, unless expressly otherwise agreed upon in writing.
If you have questions about these terms or something is not clear, please contact us at [email protected].
Article 1 - Definitions.
In these general terms and conditions, the following definitions shall apply:
- YouthCommerce: the enterprise acting under the name YouthCommerce, registered with the Chamber of Commerce under number 75504014.
- Client: the natural or legal person who acts in the exercise of a profession or business and enters into an enters into an agreement with YouthCommerce.
- Agreement: any agreement concluded between YouthCommerce and the Customer.
- Services: all work, trajectories, systems, methodologies, strategies, content and (digital) products provided by YouthCommerce are provided.
Article 2 - Applicability.
- These general terms and conditions apply apply to all quotations, offers, agreements and activities of YouthCommerce.
- Deviations are only valid when agreed upon in writing.
- Should one or more provisions prove to be void or voidable, the remaining provisions will remain in full force and effect. force.
Article 3 - Intake, demo and quotation
- YouthCommerce works with a no-obligation 15-minute intake.
- After the intake, a sales demo can take place.
- Based on that, you will receive a proposal or quotation by e-mail.
- An agreement by e-mail to the proposal or quotation is sufficient for an agreement in the case of one-off projects (even if they run over several months).
- Agreements with a longer term or a monthly nature are established via digital signature.
- The proposal or quotation together with these general terms and conditions constitute the agreement.
Article 4 - Establishment of the agreement
- The agreement comes into effect after digital signing of the quotation by the Client.
- YouthCommerce is not bound by an offer when there is an obvious error or mistake.
Article 5 - Duration and form of cooperation
- YouthCommerce works with monthly projects and/or project-based collaborations.
- The agreement is entered into for indefinite period, unless otherwise agreed upon.
- Interim adjustment is possible in consultation and does not automatically lead to adjustment of the fee.
Article 6 - Execution of the agreement
- YouthCommerce performs the agreement to the best of its knowledge and ability.
- There is an obligation of effort and not an obligation of result.
- YouthCommerce may engage third parties and remains ultimately responsible to the Customer.
Article 7 - Fee, method of operation and payment
- YouthCommerce works on the basis of project basis and/or performance fee (Pay Earned Shared model). All prices and fees mentioned by YouthCommerce quoted prices and fees are in euros (€) and exclusive of VAT, unless explicitly stated otherwise.
- Prior to the execution of the work, the quotation will specify the form of compensation that will be applicable.
- When a performance fee, this is determined on the basis of the cost structure of the offer of Client and the additional revenue and/or profit demonstrably generated by the approach developed and implemented by YouthCommerce.
- The exact calculation method, measurement times, reference period and agreements on transparency will be laid down in the quotation or an appendix thereto.
- Invoicing takes place in principle in advance takes place. YouthCommerce starts to perform the work after the invoice is is paid or an agreed advance or instalment payment is received, unless otherwise agreed in writing.
- YouthCommerce is entitled to suspend the start or progress of the work as long as the Customer has not fulfilled the payment obligation or has not provided the required input, materials, access accounts, data, approvals or feedback has not (timely and completely) provided as included in the quotation or agreement.
- Client shall ensure that all information, materials, decisions and cooperation necessary for the performance are are provided in a timely manner. If a delay occurs because the Client fails to comply the consequences thereof, including delay in planning, execution or or results shall be at the expense and risk of the Client.
- Client warrants that information, content, materials information, content, materials, data and instructions provided by him do not infringe infringe any third party rights or laws and regulations. Customer shall indemnify YouthCommerce against third party claims arising from the use of content, advertisements or materials provided or approved by Customer supplied or approved content, advertisements or materials, which includes AI-generated content that has been applied.
- In consultation we can work with installment payments and/or an advance payment.
Article 8 - Termination and migration
- Termination of the agreement shall take place subject to the agreed term and notice period.
- Upon termination, the parties will determine in mutual agreement which data, content, accounts and tools will be migrated terminated or deleted.
- YouthCommerce is under no obligation to transfer methodologies, internal systems or intellectual property.
- Migration work may be charged separately charged at the then current rate.
Article 9 - Data, accounts and access to systems of Client
- Client remains at all times owner of its own data, accounts and business information, including but not limited to advertising accounts, social media accounts, CRM systems, websites pixels and dashboards registered or owned by Client.
- Customer shall provide YouthCommerce timely and fully the necessary access to these systems and maintain such access maintained during the contract to the extent necessary for the performance performance of the work agreed upon.
- Limiting, modifying or revoking access to systems or data necessary for the performance of the agreement shall constitute an attributable failure on the part of the Customer. YouthCommerce shall in that case, it is entitled to suspend its work and/or invoice in accordance with the agreement.
- Client remains responsible for management, continuity and (main) access to its own accounts and systems.
- Client is responsible for for securing its own data in a timely manner and arranging alternative solutions when continuation of functionalities or services is desired after termination of the agreement.
- YouthCommerce shall not be liable for damages or missed results that occur because access to systems, data, or accounts is restricted, revoked or terminated by the Customer.
- Upon termination of the agreement access to Customer's systems terminated to the extent that it was provided to YouthCommerce had been provided to.
Article 10 - Software, systems and tools of YouthCommerce
- YouthCommerce may, in the performance of the Agreement use its own software, systems (including the Review Management System), dashboards, methodologies and tools, as well as software and tools from third parties for which YouthCommerce has obtained licenses or rights of use. obtained.
- Software may be made available or accessible by YouthCommerce to Customer to be made available or accessible for use within the performance of the agreement.
- YouthCommerce makes every effort to ensure that its websites, software and systems managed by it to be as secure as possible. YouthCommerce cannot guarantee that they will be free from failures at all times, hacking, data breaches or other security incidents. YouthCommerce is not liable for damages resulting from security breaches, unauthorized access, data loss or cyber incidents, unless there is intentional or deliberate recklessness.
- All intellectual property rights, licenses, accounts, configurations, structures, source code, data models and methodologies relating to software shall at all times remain the property of YouthCommerce or its licensors.
- Client only acquires a limited, non-exclusive, non-transferable and non-sublicensable right of use to software exclusively for use within his own company and for the duration of the agreement with YouthCommerce.
- The right of use of software of YouthCommerce ends by operation of law upon termination of the agreement. Customer has no right to continued use, transfer or access thereafter, unless otherwise agreed in writing. YouthCommerce is entitled to terminate access terminate access and delete accounts or users.
- Software is delivered on an ‘as is’ and ‘best effort’ principle. This applies in particular to the Review Management System developed by YouthCommerce developed Review Management System. YouthCommerce is entitled Software to maintain, modify, replace, optimize or (temporarily) decommissioning.
- YouthCommerce shall not be liable for damages resulting from failures, temporary unavailability, changes or termination of access to software, including the Review Management System.
- To the extent that software contains functionalities contains functionalities whereby Client posts or manages content, data or reviews (such as reviews), Client remains responsible for the content thereof and for compliance with applicable laws and regulations.
- Upon termination of the agreement access to software will be terminated. Client is responsible for the timely securing its own data stored therein, insofar as it is reasonably accessible.
Article 11 - Use of artificial intelligence (AI)
- YouthCommerce is entitled in the performance of the agreement to use artificial intelligence (AI), automation and supporting software tools, including for the purpose of analysis, strategy development, content creation, optimization and reporting.
- The use of AI is always done as a supportive tool. YouthCommerce retains control over the use of AI and the final choices within the service.
- YouthCommerce makes no guarantees regarding as to the completeness, accuracy or error-free operation of AI-generated output. Client remains solely responsible for the use, application and control of advice, content or systems.
- YouthCommerce-developed AI-driven methodologies, prompts, structures, workflows and systems remain entirely the intellectual property of YouthCommerce, unless otherwise agreed in writing agreed upon.
- Data provided by the Client will not be not used to train third-party AI models, unless expressly and agreed upon in writing.
- YouthCommerce may, in the execution of content and advertising campaigns, use wholly or partially AI generated images, videos or other media. Client agrees to this insofar as this is named in the agreement or agreed in writing (by e-mail). agreed upon.
- YouthCommerce shall not be liable for damages resulting from the use of AI, unless there is intent or deliberate recklessness.
Article 12 - Case studies, use of (company) name and logo Client
YouthCommerce is entitled to cite Customer as a reference reference and to use name, trade name, logo and general results of the cooperation for portfolio, website, case studies and marketing purposes. In doing so, no confidential or financially traceable data disclosed without the consent of Client.
Article 13 - Intellectual property
- All intellectual property rights to methodologies, systems, strategies, formats, dashboards, software and content belong to YouthCommerce.
- Client only receives a non-exclusive, non-transferable right of use for use within its own company.
Article 14 - Penalty clause for violation of intellectual property
- Any infringement of the intellectual property rights of YouthCommerce, Customer forfeits an immediately payable penalty of €10,000.
- For each day that the violation continues, an additional fine of €1,000 per day shall apply.
- This does not affect the right of YouthCommerce to full compensation for damages.
Article 15 - Liability
- YouthCommerce is only liable for direct damages when there is intent or deliberate recklessness.
- Liability is limited to the amount paid by the insurance company or, in the absence thereof, to the invoice amount.
Article 16 - Force majeure
YouthCommerce is not obliged to perform in the event of force majeure. If the force majeure lasts longer than two months, the parties may dissolve the contract without compensation.
Article 17 - Privacy
YouthCommerce processes personal data in accordance with the AVG. The privacy statement is available at [email protected] and published on website the www.youthcommerce.nl
Article 18 - Complaints procedure
Complaints should be reported in writing within 14 days at [email protected] YouthCommerce will respond within 5 business days.
Article 19 - Confidentiality obligation.
- The parties undertake to confidentiality of all confidential information they receive in the context of the agreement. Confidential information includes, but is not limited to business, financial, customer and marketing information, strategies, methodologies, software and other information whose confidential nature is reasonably known.
- The obligation applies during and after the of the agreement.
- Information will be used solely for performance of the agreement and not shared with third parties without consent.
- In case of violation, the fine from Article 14 shall apply mutatis mutandis.
Article 20 - Disputes, expiry period, applicable law and competent court
- When between YouthCommerce and Customer a dispute arises, the parties shall first make an effort to resolve this dispute by mutual agreement.
- If the parties cannot reach a mutual agree, they will first submit the dispute to an independent mediator.
- If mediation does not lead to a solution, the dispute will be submitted to the competent court in Amsterdam, unless provisions of mandatory law dictate otherwise.
- Claims and claims of Customer must be submitted in writing within twelve (12) months after they arise. be submitted in writing. After the expiry of this period these claims by operation of law.
- All agreements are governed by Dutch law. applicable.
SPECIAL CONDITIONS - YOUTHCOMMERCE (B2B)
Article 21 - Method of operation YouthCommerce
- YouthCommerce works according to a fixed working method which consists of an intake, a possible sales demo, the quotation and, after approval, the planning and execution of the order. assignment.
- The intake has an exploratory character and does not automatically lead to an agreement.
- YouthCommerce determines independently in what manner in which the agreed work is performed.
- Interim adjustments are part part of the trajectory and does not result in modification of the agreement or fee, unless agreed upon in writing.
Article 22 - Performance fee and result-oriented cooperation
- YouthCommerce can work with a result-oriented partnership based on a performance fee. The performance fee is determined on the basis of the cost structure of the offer of Client and the additional revenue and/or profit resulting from the approach of YouthCommerce.
- The exact calculation method, measurement times, reference period and conditions shall be set forth in the quotation and/or an annex thereto.
- Results depend in part on commitment of Principal, market developments and external factors. YouthCommerce has only an obligation of effort.
- Client is obligated to provide timely, provide complete and accurate insight into all financial and operational data that are reasonably necessary to determine the performance fee, including but not limited to sales data, order values, margins, cost structure, conversion data and reports from relevant systems.
- Customer shall grant YouthCommerce access to relevant dashboards, payment providers, CRM and sales or accounting systems, to the extent necessary for verification of the performance fee.
- Where the Customer fails to provide such data or access is not provided, not provided in a timely manner or is incomplete, YouthCommerce is entitled to determine the performance fee based on the reasonably available data or an estimate thereof.
- Withholding, misrepresenting or limitation of financial information affecting the performance fee counts as an attributable failure. YouthCommerce shall in such case be entitled to suspend its suspend its work and/or terminate the agreement, without prejudice to the right to payment of the (estimated) performance fee.
Article 23 - Marketing, advertisements and platforms
- Advertising budgets for media platforms such as Meta, Google or other advertising networks are paid directly by or on behalf of Client and are separate from YouthCommerce's compensation.
- YouthCommerce shall not be liable for overruns, errors or discrepancies in ad spend resulting from operation or settings of advertising platforms, unless expressly agreed in writing otherwise agreed upon.
- Decisions made by advertising platforms regarding accounts, pages, campaigns or content (such as blocks, restrictions or rejections) are beyond the control of YouthCommerce. YouthCommerce is not liable for consequences thereof, including missed results or downtime of work.
- When YouthCommerce implements tracking, pixels or measurement software is implemented on Customer's systems, Customer remains responsible for compliance with applicable privacy and cookie laws, including obtaining valid consent from website visitors, unless otherwise agreed upon in writing.
- These special conditions are integral part of the General Terms and Conditions of YouthCommerce.