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TheBrandRefresh

Legal

Terms of Service

Last updated: 19 May 2026

These Terms cover your use of https://www.thebrandrefresh.com and any services provided by TheBrandRefresh B.V. ("we", "us"), registered in the Netherlands under KvK 94567999 at Churchill-laan 206-3, Amsterdam. By using the website or engaging us for a project, you agree to these Terms.

We keep things short and direct. Specifics of any engagement live in a separate proposal or statement of work ("SOW") that we both sign. If the SOW says something different, the SOW wins.

1. What we do

We design and build websites, and we manage paid-ad campaigns when a client is ready for that step. Most engagements fall into one of two shapes:

  • Project work: a defined website build or refresh with a fixed scope, fee, and timeline.
  • Retainer work: ongoing website maintenance, design updates, or ad management at a recurring monthly fee.

2. Fees and payment

  • Project work is invoiced in full on completion, unless the SOW says otherwise. Larger or longer projects may be split into agreed milestones.
  • Retainers are invoiced monthly in advance.
  • Ad spend for paid-media campaigns is billed by the ad platform directly to your own account. We don't front media budget.
  • Third-party costs (domains, hosting upgrades, paid plugins, stock assets, fonts) are passed through at cost or arranged in your name, as agreed in the SOW.
  • All fees are exclusive of VAT, which is added where applicable. Invoices are payable within 14 days. Overdue amounts accrue statutory commercial interest under Dutch law (art. 6:119a BW).

3. How we work together

Our process is fast because both sides stay focused. To keep that working:

  • Pick one primary contact on your side who can make decisions and sign off on deliverables.
  • Send content, brand assets, access, and feedback in the timeframes agreed in the SOW. Delays on your side may shift the timeline and may be invoiced separately if they cause material rework.
  • Each project includes a defined number of feedback rounds. Work beyond the agreed scope is quoted separately before we start it.
  • You confirm that anything you send us, including copy, images, logos, fonts and data, is yours to share, or that you have the rights to use it.

4. Intellectual property

Once you've paid in full, you own the final deliverables produced specifically for you under the SOW: the website code, the page designs, and any custom assets we created for the project.

We keep ownership of anything that pre-existed the project, including our internal tooling, component libraries, design systems and know-how, and grant you a perpetual licence to use them as embedded in your deliverables. Third-party assets (e.g. fonts, stock, plugins) remain under their own licences.

5. Showing our work

We may show non-confidential examples of work delivered to you in our portfolio, case studies, and social channels, including your name and logo. If you'd rather we didn't, let us know in writing and we'll remove it.

6. Confidentiality

Anything either side shares that isn't already public stays confidential, and we only use it to do the work. This continues after the engagement ends.

7. What we promise (and don't)

We deliver with reasonable skill and care, and stand behind the quality of our work. Beyond that, services are provided "as is".

We don't guarantee specific business outcomes, including traffic, conversion rates, revenue, ad performance, search rankings or platform approval, because those depend on factors outside our control (your market, offer, pricing, ad platform policies, third-party tools, and so on).

8. Limitation of liability

To the fullest extent permitted by Dutch law, our total liability arising out of or relating to the services is capped at the fees you paid us in the three (3) months before the event giving rise to the claim. Neither side is liable for indirect, incidental, or consequential damages, including lost profits, lost data, or lost business opportunities.

Nothing in these Terms limits liability that cannot be limited by law, such as for fraud, intent, or gross negligence.

9. Ending the engagement

  • Project work can be ended by either side on 14 days' written notice. You pay for all work performed up to the termination date, plus any non-refundable third-party costs committed on your behalf.
  • Retainers can be ended by either side on 30 days' written notice, effective at the end of the next monthly billing cycle.
  • Either side may terminate immediately for material breach that isn't cured within 14 days of written notice.

10. Governing law and jurisdiction

These Terms are governed by the laws of the Netherlands. Any disputes will be submitted to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands.

11. Changes

We may update these Terms from time to time. The current version is always available at this URL. For existing engagements, the version in force when we signed your SOW applies unless we agree otherwise in writing.

12. Contact

Questions about these Terms can be sent to hello@thebrandrefresh.com.