Terms & Conditions
Article 1. Definitions
1. Contractor: Posma Ventures B.V., acting under the trade name Content Jungle, (Chamber of Commerce number 88687155), with its registered office and principal place of business in Amsterdam.
2. Client: the (intended) contracting party of the Contractor.
3. Agreement: the agreement concluded between the Contractor and the Client.
4. Conditions: the present conditions.
Artikel 2. The agreement
1. These Terms and Conditions always apply to all offers and Agreements of the Contractor, with the explicit exclusion and rejection of all general terms and conditions that Clients state on their letterhead, order and delivery forms and the like and/or have been deposited somewhere or declared applicable. By simply requesting a quote and/or issuing an order to the Contractor, the Client accepts these Terms and Conditions and the Client thereby expressly waives the applicability of its own general terms and conditions.
2. The ready-made bundles on the website are:
a. Small banana bundle:
✔ 2 blogs per month based on your keyword list or content ideas
✔ Images and screenshots
✔ Unlimited revisions
b. Medium banana bundle:
✔ 4 SEO optimized blogs per month
✔ SEO-driven keyword research
✔ Premium images and screenshots
✔ Unlimited revisions
✔ Blogs posted to your site
✔ Matching social media posts
3. By paying via Stripe on the website, it will automatically become an agreement for the chosen bundle.
4. In the event of a written offer or written order confirmation from the Contractor, this offer or order confirmation is deemed to represent the entire Agreement and supersedes all prior written and oral agreements, statements and/or statements of the parties. In addition to the quotation or order confirmation, changes/additions to the text of the quotation or order confirmation only form part of the Agreement if this is explicitly acknowledged in writing by the Contractor, in which case the text of the quotation or order confirmation will prevail in the event of inconsistency.
5. The Contractor reserves the right to unilaterally change these Terms and Conditions. The Client is deemed to have accepted the relevant changes if the Contractor has not received a written protest against it from the Client within 14 days of the written notification of the change .
6. Quotations from the Contractor have a limited validity of 10 working days, unless stated otherwise in writing. The Contractor always has the right to revoke a quotation accepted by the Client within two working days after receipt of its acceptance. The Client cannot derive any rights from information from offers, folders, advertising materials or from the Contractor’s website.
7. If any provision of these general terms and conditions is not valid for whatever reason, the rest of the terms and conditions will remain in force and the parties will negotiate the content of a new provision, which provision will approximate the intent of the original provision as closely as possible.
Artikel 3. The presentation
1. The Contractor will perform the assignment for the Client to the best of its knowledge and ability. Unless expressly agreed otherwise in writing in the Agreement, the Contractor is subject to a best efforts obligation and not a result obligation.
2. to the Contractor are not final, unless the parties in the Agreement have expressly agreed otherwise in writing. An agreed term applicable to the Contractor will only commence after the Agreement has been concluded and all data necessary for the performance of the Agreement are in the possession of the Contractor. An agreed term applicable to the Contractor is at least extended by the number of days that have elapsed between the moment of conclusion of the Agreement and the moment when all data necessary for the execution of the Agreement have come into the possession of the Contractor.
3. The Contractor has the right to have the assignment (partly) performed by third parties.
Artikel 4. Price and payment
1. Fees for Paid Services: For recurring fees, we’ll bill or charge you for in regular automatically-renewing intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do at any time by contacting us.
2. Payment: If your payment fails, Paid Services are otherwise not paid for or paid for on time, or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services.
3. Automatic Renewal: To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed.
The period of notice is 1 month.
4. Refunds: We offer a 14-day money back guarantee that applies to the first month of Service, starting after the first blog is written.
5. Unless expressly agreed otherwise in writing in the Agreement, prices are exclusive of VAT.
6. Price increases ensuing from additions and/or changes to the order made at the oral or written request of the Client are entirely at the expense of the Client.
7. All costs resulting from circumstances that the Contractor did not reasonably have to take into account when entering into the Agreement will be borne by the Client.
8. All payments by the Client to the Contractor must be made to a bank account number to be designated by the Contractor, without suspension or settlement , in euros and no later than thirty (30 ) days after the invoice date. Advances must be paid on the invoice date itself. This concerns ‘terms set for payment’ within the meaning of art. 6:83 sub a BW.
9. In the absence of full and timely payment as referred to in the previous paragraph, the Client will be in default by operation of law with at least the following consequences:
a. The Client will owe an interest of 1.5% per month on the outstanding invoice/invoices;
b. The Client will owe extrajudicial collection costs of 15% of the outstanding invoice/invoices with a minimum of € 250.00; c. If the Contractor takes the Client into legal proceedings in this regard, in addition to the previous paragraphs, the Client will also owe the actual costs that the Contractor must incur (such as lawyer’s fees, bailiff’s costs, court fees, etc.).
10. Payments made by the Client will always first be deducted from all costs and interest owed and then from the longest outstanding invoices due and payable, even if the Client states that payment relates to (a) later invoice (s).
11. The Contractor is at all times entitled to require the Client to provide security and/or advance payment for the fulfillment by the Client of its obligations under the Agreement. This applies in any case in the event of any exceeding of any payment term, or any other shortcoming with regard to this Agreement or with regard to other Agreements. on behalf of the Client. The Client will comply with this on first request.
Artikel 5. Quality and complaints
1. The Client must invoke a defect in the Contractor’s performance within thirty (30) days after the work has been performed and (in any case) within fourteen (14) days after receipt of the invoice. After this period has expired, the activities are deemed to comply with the Agreement.
Artikel 6. Force of the majority
1. If the Contractor is unable to fulfill its obligations towards the Client due to a non-attributable failure, the Client is not authorized to dissolve the Agreement and the fulfillment of the Contractor’s obligations will be suspended for the duration of the force majeure situation.
2. If any force majeure situation has lasted for one (1) month, the Contractor has the right to dissolve the Agreement in writing in whole or in part.
3. In the event of a force majeure situation, the Client is not entitled to any (damage) compensation, even if the Contractor should have any advantage as a result of the force majeure.
4. Force majeure is understood to mean, in addition to what is understood in this regard in the law and jurisprudence, all external causes, foreseen and unforeseen, over which the Contractor has no influence, as a result of which the fulfillment of its obligations towards the Client is wholly or partially prevented or as a result of which the fulfillment cannot reasonably be expected of the Contractor from its obligations, regardless of whether that circumstance could also have been foreseen at the time of the conclusion of the Agreement. Those circumstances also include: strike, lock-out, fire and/or measures taken by any government agency, as well as the lack of any permit to be obtained from the government.
Artikel 7. Industrial and Intellectual Property
1. Unless explicitly agreed otherwise in writing, the Contractor retains the copyrights, patent rights and all other industrial and/or intellectual property rights in the work performed, offers made, designs, images, drawings, (trial) models, recipes, software, etc.
2. Unless explicitly agreed otherwise in writing, the rights to the data referred to in this article remain the property of the Contractor, regardless of whether costs have been charged to the Client for its production.
3. All information, oral or written, provided by the Contractor to the Client remains the property of the Contractor and may only be used by the Client for the purpose for which it was provided.
4. The Client will not provide the information of the Contractor to third parties, in any way whatsoever, except insofar as this is reasonably necessary in connection with the proper execution of the Agreement and then only after and insofar as a confidentiality obligation has been agreed.
Artikel 8. Liability Contractor
1. The Contractor is not liable for any indirect damage suffered by the Client or a third party in connection with (the performance of) the Agreement or a service provided by the Contractor, including consequential damage, immaterial damage, trading loss or environmental damage.
2. Any liability of the Contractor is in any case limited to a maximum of 100% of the monthly invoice value of the assignment placed by the Client with the Contractor, at least to that part of the assignment to which the liability relates. If the Contractor is insured and its insurance actually pays out in response to the liability in question, its liability is limited to that amount paid.
3. The exclusion of liability in this article does not apply if damage is caused by intent or gross negligence on the part of the Contractor or its managerial staff.
4. The Contractor is not liable for damage resulting from errors in the information provided by the Client, such as prescribed working methods or given orders, directions and instructions, and for damage resulting from work performed by the Client or by third parties on its behalf.
5. The consequences of compliance (by the Contractor or third parties) with statutory regulations or government decisions are for the account of the Client, regardless of whether the cause/necessity of such compliance is attributable to the Client, the Contractor or a third party.
6. The Client can only invoke the obligations arising from this article if it has fulfilled all its obligations towards the Contractor itself.
7. Any right of action for whatever reason of the Client against the Contractor lapses no later than one year after the performance of the work.
Artikel 9. Suspension, settlement and dissolution
1. In the following cases, the Client is in default by operation of law and the Contractor has the right to dissolve the Agreement in whole or in part – without any notice of default or judicial intervention being required – extrajudicially:
a. if the Client applies for bankruptcy or (provisional) suspension of payments, or is declared bankrupt, (provisional) suspension of payments is granted, or if the Client is placed under administration, management or guardianship pursuant to a statutory provision;
b. if the Client (parts of) its company transfers, liquidates or shuts down or ceases its activities in whole or in part;
c. if a prejudgment or enforcement attachment is levied at the expense of the Client;
d. if the Contractor has good reason to fear that the Client will fail to fulfill its obligations, or if the Client has already failed.
2. In the event of dissolution by the Contractor on the basis of the preceding paragraph, the Client will automatically owe the Contractor an amount of 65% of the price owed under the Agreement, without prejudice to the Contractor’s right to claim compensation. Article 6:92 of the Dutch Civil Code does not apply.
3. The foregoing does not affect the other rights of the Contractor.
Artikel 10. Termination
1. We may terminate your access to our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the Agreement, you may cancel at any time, simply get in touch with your main contact and we’ll handle it for you. After Termination, you will still own the rights to your content.
Artikel 11. Applicable law and disputes
1. Only Dutch law applies to the Agreement, with the exclusion of the Vienna Sales Convention.
2. Only the court with jurisdiction over the municipality where the Contractor is established is authorized to settle disputes arising from the Agreement, unless the Contractor opts for the legally competent court.