Terms of Service - Referral Growth Nederland B.V.
Effective Date: 17 July 2026
1. Introduction and Acceptance of Terms
These Terms of Service ("Terms") govern the provision and use of the services offered by Referral Growth Nederland B.V., with its registered office at Burgemeester de Raadtsingel 93, 3311 JG Dordrecht, Netherlands, email: [email protected], telephone: +31 78 642 58 91 ("Referral Growth Nederland B.V.", "we", "us", or "our").
By engaging, accessing, ordering, or otherwise using any of our services, the client, customer, or other contracting party ("you" or "Client") acknowledges that these Terms form a legally binding agreement between you and Referral Growth Nederland B.V.
If you do not agree to these Terms, you must not use our services. Any additional or conflicting terms proposed by you shall only apply if expressly accepted in writing by Referral Growth Nederland B.V.
2. Scope of Services
Referral Growth Nederland B.V. provides referral-marketing consulting and implementation services, which may include, without limitation:
- Referral program strategy;
- Customer referral campaign design;
- Advocacy and ambassador program setup;
- Referral tracking and performance reporting;
- Incentive and reward program planning;
- Referral landing page and copywriting;
- Partner referral coordination.
Services may be provided as standalone projects, retainers, workshops, advisory engagements, or other arrangements agreed in writing. The exact scope, deliverables, timelines, fees, assumptions, and exclusions shall be defined in a proposal, statement of work, order form, invoice, email confirmation, or similar written agreement.
Unless expressly agreed otherwise, Referral Growth Nederland B.V. provides advisory and implementation support only and does not guarantee specific commercial results, including sales volume, conversion rate, revenue, retention, or participant engagement.
3. User Obligations and Responsibilities
You agree to:
- provide accurate, complete, and timely information necessary for the performance of the services;
- ensure that you have all necessary rights, approvals, and authority to supply materials, data, brand assets, and instructions to us;
- cooperate in a timely manner and designate competent personnel to communicate with us;
- review deliverables promptly and provide feedback, approvals, or requested corrections within reasonable timeframes;
- use any campaign materials, referral mechanisms, and tracking tools lawfully and in accordance with applicable rules, policies, and third-party terms;
- not misuse the services, interfere with our systems, or attempt to reverse engineer, copy, or circumvent our processes;
- be solely responsible for the content of your products, services, offers, referral incentives, landing pages, disclaimers, privacy notices, and customer communications, unless we have expressly agreed in writing to draft or manage those materials on your behalf;
- comply with all applicable laws and regulations, including those relating to advertising, consumer protection, anti-spam, privacy, data protection, intellectual property, and referral or incentive programs.
You acknowledge that referral programs may be subject to third-party platform rules, app store policies, payment provider requirements, and local legal restrictions. You are responsible for ensuring that your intended use of the services is permitted in your jurisdictions of operation.
4. Payment Terms and Conditions
Fees, billing cycles, and payment deadlines shall be set out in the applicable proposal, statement of work, or invoice. Unless otherwise agreed in writing, all fees are stated in euros and exclusive of VAT and any other applicable taxes, duties, or levies.
- Invoices are due within the payment period stated on the invoice or, if not stated, within fourteen (14) days of the invoice date.
- Late payments may result in suspension of services and/or the charging of statutory interest and reasonable collection costs, to the extent permitted by applicable law.
- You shall not withhold, set off, or deduct amounts due unless such right is mandatory under applicable law.
- Any third-party costs, platform fees, media spend, printing, software subscriptions, shipping, rewards, or similar expenses are only included if expressly stated in writing and may otherwise be charged separately.
- Where work is billed on a time-and-materials basis, time spent on meetings, revisions, coordination, and administration may be billable unless otherwise agreed.
Referral Growth Nederland B.V. may require advance payment, milestones, deposits, or retainer fees before commencing or continuing services. If you fail to pay on time, we may pause work until all outstanding amounts are settled.
5. Cancellation and Refund Policy
Unless otherwise agreed in writing, engagements may be cancelled by either party upon written notice. Cancellation does not affect payment obligations for services already performed, committed third-party costs, non-cancellable expenses, or work in progress.
- For fixed-fee projects, any deposit or upfront payment is non-refundable to the extent it covers work already performed, reserved capacity, planning, strategy, or third-party commitments.
- For ongoing services or retainers, cancellation shall take effect at the end of the applicable notice period stated in the agreement or, if none is stated, within thirty (30) days after written notice.
- If you request cancellation after work has started, you remain liable for all completed work and any non-recoverable costs incurred by Referral Growth Nederland B.V.
- Refunds, if any, are issued only where expressly required by applicable law or expressly agreed in writing by Referral Growth Nederland B.V.
Because referral-marketing services commonly involve advisory work, strategy development, copywriting, configuration, and coordination, fees for work already completed are generally not refundable.
6. Liability Limitations
To the maximum extent permitted by applicable law, Referral Growth Nederland B.V. shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profit, loss of revenue, loss of goodwill, loss of data, business interruption, or anticipated savings.
Without limiting the foregoing, Referral Growth Nederland B.V. is not liable for:
- decisions made by you based on our advice or deliverables;
- performance of campaigns, programs, offers, or incentives operated by you;
- failures, delays, errors, or policy changes of third-party platforms, software, analytics tools, payment providers, or mailing services;
- claims arising from your products, services, pricing, advertising claims, participant eligibility rules, rewards, or disclosures;
- unauthorized access to your systems or data not directly caused by our willful misconduct or gross negligence, to the extent such exclusion is permitted by law.
Our total aggregate liability arising out of or relating to the services, whether in contract, tort, or otherwise, shall not exceed the total amount paid by you to Referral Growth Nederland B.V. for the specific services giving rise to the claim during the three (3) months preceding the event first giving rise to liability, unless a lower or higher cap is required or prohibited by applicable law.
Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is unlawful, including liability for intentional misconduct, fraud, or other liability that cannot legally be limited.
7. Intellectual Property Rights
Each party retains all rights, title, and interest in and to its pre-existing intellectual property, including trademarks, logos, methodologies, templates, software, know-how, and proprietary materials.
Unless otherwise agreed in writing:
- upon full payment of the applicable fees, you receive a non-exclusive, non-transferable license to use the deliverables created specifically for you for your internal business purposes and the intended operation of the relevant referral program;
- Referral Growth Nederland B.V. retains ownership of all underlying tools, frameworks, processes, know-how, templates, and general methodologies used or developed in the course of providing the services;
- you may not resell, sublicense, publish, or commercially exploit our deliverables outside the intended scope without our prior written consent;
- we may use general, non-confidential experience, skills, and know-how gained during the engagement for other clients, provided no confidential information is disclosed.
You represent and warrant that any materials you supply to us do not infringe the intellectual property or other rights of any third party. If you provide feedback, suggestions, or improvement ideas, we may use them without restriction and without obligation to compensate you, unless otherwise agreed in writing.
8. Data Protection and Privacy
Each party shall comply with applicable data protection and privacy laws. To the extent Referral Growth Nederland B.V. processes personal data on your behalf in connection with the services, the parties shall, where required, enter into a separate data processing agreement.
You are responsible for ensuring that:
- all personal data shared with us is collected and disclosed lawfully;
- appropriate notices, consents, and lawful bases are in place for referral tracking, campaign communication, cookies, analytics, reward fulfillment, and related processing;
- you have adequate privacy policies and terms for your own customers, participants, advocates, ambassadors, and partners;
- you securely manage access credentials, datasets, and campaign information.
Referral Growth Nederland B.V. will take reasonable technical and organizational measures to protect personal data under its control, taking into account the nature of the services and the risks involved. However, no system can be guaranteed to be completely secure.
9. Force Majeure
Referral Growth Nederland B.V. shall not be liable for any delay or failure to perform caused by events beyond its reasonable control, including but not limited to acts of God, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, labor disputes, governmental actions, power outages, telecommunications failures, cyberattacks, platform outages, or failures of third-party providers.
During a force majeure event, our obligations shall be suspended for the duration of the event. If the event continues for an extended period and materially affects performance, either party may terminate the affected services by written notice, subject to payment for work performed and costs incurred up to the termination date.
10. Changes to Terms
Referral Growth Nederland B.V. may update or modify these Terms from time to time. The revised Terms will be effective upon publication or upon the date specified in the update notice, whichever is later.
Continued use of our services after the effective date of revised Terms constitutes acceptance of the updated Terms. If you do not agree to the revised Terms, you must discontinue use of the services and, where applicable, terminate the engagement in accordance with the cancellation provisions.
11. Applicable Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws applicable to the Netherlands, without regard to conflict of laws principles, to the extent permitted by applicable law.
Any dispute arising from or relating to these Terms shall be submitted to the competent court in the Netherlands, unless mandatory law requires otherwise. Where permitted, the exclusive venue shall be the courts having jurisdiction over Dordrecht, the Netherlands.
12. Contact Information
If you have any questions about these Terms or our services, please contact:
Referral Growth Nederland B.V.
Burgemeester de Raadtsingel 93
3311 JG Dordrecht
Netherlands
Email: [email protected]
Phone: +31 78 642 58 91
13. Severability Clause
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent court or authority, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or, if that is not possible, severed from these Terms.
The remaining provisions shall remain in full force and effect. Any invalid or unenforceable provision shall be replaced, to the extent possible, by a valid provision that most closely reflects the original intent of the parties.