Terms and Conditions

MediaHorn B.V.
Blaak 34, 3011 TA Rotterdam, The Netherlands
Chamber of Commerce (KvK): 96853336 | VAT: NL867795773B01

  1. Definitions

1.1. MediaHorn B.V. (“MediaHorn”, “we”, “us”, or “our”): a Dutch private limited company specializing in brand & concept development, programmatic and performance media buying, landing page creation & optimisation, audience strategy & targeting, and inbox delivery services.
1.2. Client: any natural person or legal entity entering into an agreement with MediaHorn.
1.3. Agreement: any contract, assignment, or engagement between MediaHorn and the Client concerning the provision of services.
1.4. Third Parties: external providers or platforms, including but not limited to Google, Meta (Facebook/Instagram), Microsoft, TikTok, and other advertising, publishing, or distribution networks.

  1. Applicability

2.1. These Terms and Conditions apply to all proposals, offers, agreements, and services provided by MediaHorn, unless explicitly agreed otherwise in writing.
2.2. Deviations from these Terms are valid only if confirmed in writing by MediaHorn.
2.3. The Client’s general terms and conditions, or any other conditions, are expressly excluded from applicability.

  1. Services
  1. MediaHorn provides full-service marketing solutions on a “no cure, no pay” basis unless otherwise agreed.
  2. The scope of services is defined in the Agreement or proposal accepted by the Client.
  3. MediaHorn will use commercially reasonable efforts to deliver agreed results but cannot guarantee outcomes that depend on third-party systems, algorithms, or policies.
  1. Third-Party Services and Liability

4.1. MediaHorn makes use of third-party platforms and networks for advertising and media distribution.
4.2. MediaHorn is not liable for failures, disruptions, suspensions, or policy changes by third parties, including but not limited to Google Ads, Meta Ads, or email delivery providers.
4.3. The Client accepts that results may be affected by third-party performance beyond MediaHorn’s control.

  1. Client Obligations

5.1. The Client shall provide MediaHorn with all necessary information, data, and materials required for the proper execution of the Agreement.
5.2. The Client warrants that all materials provided do not infringe third-party rights and comply with applicable laws and regulations.
5.3. The Client shall remain responsible for the accuracy and legality of data, offers, or campaigns submitted for publication.

  1. Data & Privacy

6.1. MediaHorn does not use cookies, tracking technologies, or collect sensitive personal data on its website.
6.2. Personal data voluntarily submitted through the contact form (name, email, phone) is collected solely for the purpose of responding to inquiries.
6.3. MediaHorn processes such data in accordance with applicable data protection laws (including the GDPR where applicable).

  1. Fees & Payment

7.1. Unless otherwise agreed, MediaHorn operates on a performance-based “no cure, no pay” model.
7.2. Fees, commissions, or revenu and profit shares will be clearly defined in the Agreement.
7.3. All amounts are exclusive of VAT (if applicable) and other applicable taxes, duties, or levies.
7.4. Payments must be made within the agreed payment term. Late payments may result in suspension of services.

  1. Intellectual Property

8.1. All intellectual property rights arising from MediaHorn’s services, including but not limited to concepts, strategies, designs, and optimisations, remain the property of MediaHorn unless otherwise agreed in writing.
8.2. The Client receives a non-exclusive, non-transferable right of use limited to the purpose defined in the Agreement.

  1. Limitation of Liability

9.1. MediaHorn shall never be liable for indirect or consequential damages, including but not limited to loss of profit, missed opportunities, reputational harm, or data loss.
9.2. MediaHorn’s total liability is limited to the amount invoiced for the specific service giving rise to the claim, with a maximum of €10,000.
9.3. Nothing in these Terms shall exclude liability for gross negligence, fraud, or willful misconduct.

  1. Term and Termination

10.1. Agreements are entered into for the period specified in the contract.
10.2. Either party may terminate the Agreement with one month’s written notice unless otherwise agreed.
10.3. MediaHorn may suspend or terminate services immediately in case of breach of contract, unlawful activities, or failure of payment.

  1. Governing Law & Jurisdiction

11.1. These Terms and all Agreements are governed by the laws of the Netherlands.
11.2. Any disputes shall be submitted exclusively to the competent court in Rotterdam, the Netherlands.
11.3. For Clients based in the United States, MediaHorn may, at its sole discretion, initiate legal proceedings in the competent courts of the Client’s domicile.

  1. Final Provisions

12.1. If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.
12.2. MediaHorn reserves the right to amend these Terms at any time, provided Clients are notified in advance.