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1. General
1.1 hese general terms and conditions apply to all quotations, agreements and delivery of services by Flinke Media (Flinke Media B.V.), having its office at Grote Bickerstraat 74-78, 1013 KS Amsterdam, registered with the Chamber of Commerce under number 83434860.
1.2 By using the services of Flinke Media, the client agrees to these general terms and conditions.
1.3 “Client” means any party requesting Flinke Media to issue a quotation and/or to carry out services.
2. Quotations and Offers
2.1 All quotations and offers made by Flinke Media are without obligation, unless explicitly stated otherwise.
2.2 Quotations are valid for 14 days, unless otherwise indicated. After this period, Flinke Media reserves the right to amend the contents of the quotation.
3. Agreement
3.1 An agreement is concluded once the client has accepted the quotation or offer in writing or electronically, and Flinke Media has confirmed this acceptance.
3.2 Changes to the agreement are only valid if agreed in writing by both parties.
4. Performance of Services
4.1 Flinke Media shall perform the services to the best of its ability and shall make every effort to achieve the agreed results.
4.2 The client shall provide all information and cooperation necessary for the execution of the agreement in a timely and complete manner.
4.3 Flinke Media may engage third parties such as media partners, DSPs, publishers or other suppliers to perform its services.
4.4 Flinke Media shall not be liable for shortcomings or delays resulting from acts or omissions of such third parties.
4.5 Any changes in availability, placement or conditions of third parties may affect the execution of the agreement. Flinke Media will inform the client of such changes as soon as reasonably possible.
5. Prices and Payment
5.1 Agreed prices are exclusive of VAT and any other government levies.
5.2 Payment must be made within 14 days of the invoice date, unless otherwise agreed.
5.3 If the client fails to make payment on time, the client is legally in default and Flinke Media is entitled to charge statutory interest and collection costs.
5.4 If the client fails to pay on time, Flinke Media is entitled to suspend execution of the agreement until full payment has been received, without this suspending or cancelling the client’s obligation to pay.
5.5 All costs arising from suspension shall be borne by the client.
6. Liability
- reasonable costs incurred by the client to have the performance of Flinke Media comply with the agreement;
- reasonable costs to determine the cause and extent of the damage, insofar as related to direct damage within the meaning of these terms;
- reasonable costs incurred to prevent or limit damage, insofar as the client demonstrates that these costs have led to the limitation of direct damage as defined in these terms.
- indirect damage, including consequential damage, loss of profit, missed savings and damage due to business interruption;
- damage as a result of errors or shortcomings in the data or information provided by the client;
- damage caused by intent or deliberate recklessness of auxiliary persons, other than executive management of Flinke Media.
6.3 Maximum liability: Liability of Flinke Media is at all times limited to the amount paid out under Flinke Media’s liability insurance in the relevant case, plus the applicable deductible. If for any reason no insurance payment is made, liability of Flinke Media is limited to the invoice amount of the agreement concerned, with a maximum of €5,000.
6.4 Limitation period: Any claims or rights of the client against Flinke Media shall lapse one year after the client became, or reasonably should have become, aware of such claims or rights.
6.5 Indemnification: The client indemnifies Flinke Media against all claims by third parties related to execution of the agreement, insofar as such damage results from acts or omissions of the client or from unsafe situations in the client’s organisation.
6.6 Force majeure: Flinke Media is not obliged to perform any obligation if prevented from doing so by force majeure. Force majeure means any circumstance beyond the control of Flinke Media, preventing performance in whole or in part or making performance unreasonably onerous.
6.7 Force majeure includes, but is not limited to: strikes, malfunctions in networks or systems of third parties (including DSPs, publishers and platforms such as Spotify), power outages, pandemics, epidemics, government measures and any other external circumstance beyond the control of Flinke Media.
7. Intellectual Property
7.1 All products created by Flinke Media, such as texts, designs and reports, remain the property of Flinke Media until the client has fulfilled all financial obligations to Flinke Media.
7.2 The client is not permitted to reproduce, disclose or make available such products to third parties without prior written consent of Flinke Media.
7.3 Materials produced by Flinke Media (such as audio or video commercials) may only be used by the client within the agreed channels, period and territories.
7.4 Any use outside the agreed channels, period or territories is only permitted with prior written consent of Flinke Media and may result in additional costs.
8. Confidentiality
8.1 Both parties are obliged to maintain confidentiality regarding all confidential information obtained from each other or from other sources in the context of the agreement.
8.2 Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information.
9. Termination and Changes
9.1 Both parties may terminate the agreement in writing at any time with a notice period of 30 days.
9.2 Flinke Media has the right to terminate the agreement with immediate effect if the client is declared bankrupt, applies for suspension of payment, or is otherwise unable to meet its financial obligations.
9.3 Termination by the client must be in writing.
9.4 In case of termination by the client, Flinke Media reserves the right to charge cancellation fees. These fees shall be based on costs incurred by Flinke Media, obligations towards third parties, and hours already spent on execution of the agreement. Flinke Media will inform the client as soon as possible about the amount of such fees.
9.5 Hours already spent by Flinke Media up to the moment of termination shall be charged to the client at the agreed hourly rates.
9.6 Changes to the agreement by the client must be communicated in writing. Flinke Media will make reasonable efforts to comply with such requests, but cannot guarantee all changes are possible. Any additional costs resulting from changes shall be charged to the client.
9.7 If changes to the agreement by the client result in additional costs due to obligations towards third parties, Flinke Media will charge these costs to the client. Flinke Media will inform the client about the nature and amount of these costs as soon as they are known.
9.8 In case of cancellation by the client of already booked or executed media campaigns, the client shall be obliged to reimburse Flinke Media the full costs of such media.
9.9 These costs are in addition to the cancellation and hourly fees referred to in Articles 9.4 and 9.5.
10. Governing Law and Disputes
10.1 All legal relationships involving Flinke Media are governed exclusively by Dutch law.
10.2 Disputes shall in the first instance be submitted to the competent court in the district where Flinke Media has its registered office.
These general terms and conditions were last updated on 11 September 2025.