Terms of Service

Article 1 | General

  1. These Terms of Service (“Terms”) govern your relationship with the website https://www.ppjrmedia.com website, the PPJR Media Online Marketing Suite and the PPJR Media Online Marketing Academy (collectively, the “Service”) operated by PPJR Media.
  2. Prior to utilizing the Service, please carefully review these Terms. Your access to and utilization of the Service is contingent upon your acceptance of and adherence to these Terms. These Terms are applicable to all individuals, including visitors, users, and others who access or use the Service.
  3. By accessing or using the Service, you indicate your agreement to be bound by these Terms and acknowledge all legal consequences associated with them. If you do not agree with these terms and conditions, either in full or in part, we kindly request that you refrain from using the Service.

Article 2 | Definitions

  1. Within these Terms, the term “PPJR Media” encompasses PPJR Media (“PPJR Media”, “we”, “us” or “our”), also recognized by trade names such as PPJR Productions, The Bite-Sized Backpacker, and The Instaplushies. PPJR Media is established and holds its registered office in Maarssen, as recorded in the Chamber of Commerce under number 69693811.
  2. The term “Client” (“Client”, “you”, or “your”) refers to the natural or legal person, the joint ventures without legal personality, as well as his representative and authorized representative, who have entered into an agreement with PPJR Media or express the intention to do so.
  3. The term “PPJR Media Online Marketing Suite (“Service”, or “Suite”), refers to all frameworks, guidelines, tools, workshops, booklets, news outings, and other contents provided by PPJR Media.
  4. These Terms govern the formation, content, and fulfillment of all agreements entered into between the Client and PPJR Media. They are applicable to every offer, quotation, and agreement between PPJR Media and the Client to which PPJR Media has expressly declared the applicability of these terms and conditions. These terms and conditions extend to all agreements involving PPJR Media, even those in which third parties are involved in the execution.

Article 3 | Subscriptions

  1. Some parts of the Service are billed on a subscription basis (“Subscription(s)”). Subscriptions to the PPJR Media Online Marketing Suite are established for an indefinite duration, unless the nature of the agreement suggests otherwise, or the parties explicitly agree otherwise in writing.
  2. Each Subscription allows Client access to the PPJR Media Online Marketing Suite using three (3) email addresses.
  3. When entering into a Subscription, you must provide PPJR Media user information that is accurate, complete, and current at all times. This includes the names, addresses, and telephone numbers of each member using the Service. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
  4. Access to the PPJR Media Online Marketing Suite will be provided through Google Drive. When using our Services, you automatically agree to the third-party Terms and Conditions of Google Drive. 
  5. You are responsible for safeguarding the password that you use to access the Service using Google Drive and for any activities or actions under your password, whether your password is with our Service or a third-party service.
  6. The Client will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
  7. At the conclusion of each Billing Cycle, your Subscription will automatically renew unless you or we terminate it before the renewal date. To cancel your Subscription, you can reach out to our customer support team. 
  8. We retain the right to modify the terms of your Subscription, including pricing, upon renewal by notifying you of the changes before that renewal. If you do not agree to the modifications, you can cancel your Subscription as outlined above. Failing to cancel before the renewal will bind you to the updated terms of your Subscription.

Article 4 | Offers and Quotations for Assignments

  1. The proposals presented by PPJR Media are entirely non-binding and remain valid for a period of 30 days, unless stated otherwise. PPJR Media becomes obligated by these proposals only when the other party confirms acceptance in writing within 30 days, unless otherwise specified.
  2. Deviations from provided quotations are binding on PPJR Media only when confirmed in writing by PPJR Media.
  3. The Client becomes obligated upon placing an order or assignment. PPJR Media’s commitment is established upon dispatch of the order confirmation. Should the Client fail to communicate objections to PPJR Media within five working days of receiving the order confirmation, it is considered an accurate and complete representation of the agreement.
  4. The prices stated in the aforementioned offers and quotations are exclusive of VAT, unless otherwise indicated.
  5. When a specific timeframe or deadline is set for the completion of certain activities within the agreement’s term, it is never considered an absolute or rigid deadline. In the event of an overrun in the execution period, the Client is required to provide PPJR Media with written notice of default.
  6. If, during the implementation of the agreement, it becomes evident that adjustments or additions to the work are necessary for proper execution, the parties will promptly and collaboratively modify the agreement accordingly.
  7. When the parties reach an agreement to amend or supplement the order, it may impact the completion timeline. PPJR Media will promptly notify the Client of any such changes.
  8. If alterations or additions to the order have financial and/or qualitative implications, PPJR Media will provide advance notice to the Client. In cases where a fixed fee has been established, PPJR Media will specify the extent to which the modifications or additions to the order will result in additional costs and/or adjustments to the agreed fixed fee.

Article 5 | Execution of Assignments

  1. PPJR Media will exert every effort to conscientiously and autonomously carry out the assignment, championing the interests of the Client to the best of its ability and striving for a result beneficial to the Client. When necessary, PPJR Media will keep the Client informed of the work’s progress.
  2. For the proper execution of the agreement, PPJR Media has the right to enlist third parties to perform specific activities, as required.
  3. The Client is responsible for timely and compliant provision of all data that PPJR Media deems necessary or that the Client should reasonably understand to be crucial for the agreement’s execution.
  4. In the event that the information essential for executing the agreement is not supplied to PPJR Media on time, PPJR Media reserves the right to halt the agreement’s execution and/or bill the Client for additional costs incurred due to the delay, in accordance with standard rates.
  5. PPJR Media bears no liability for damages, of any kind, arising from reliance on incorrect and/or incomplete data provided by the Client.
  6. If PPJR Media furnishes a cost estimate for third-party expenses at the Client’s request, the budget is indicative. Upon request, PPJR Media can obtain quotations on behalf of the Client.
  7. In cases where the agreement is to be executed in phases, PPJR Media may postpone the execution of subsequent phases until the Client has provided written approval or acceptance of the results from the preceding phase.
  8. PPJR Media will, if deemed necessary, make a report of all verbal discussions with the Client and forward the report for the Client’s review. If the Client fails to respond within two working days of receiving the report, the content is deemed correct and accepted, binding both parties. PPJR Media assumes no liability for the accurate execution of telephone/electronic (email) discussions, assignments, changes, or additions unless confirmed in writing.
  9. Any timeframe specified by PPJR Media for the completion of services/products is indicative and not considered a strict deadline. PPJR Media can only be in default if the Client issues a registered letter of default and there is a failure to comply within the reasonable period stated in the notice. If the agreement is modified or supplemented, the completion timeline may be affected, and PPJR Media will promptly inform the Client.
  10. If PPJR Media dispatches (parts/parts of) the product to the Client through any means, including but not limited to post, courier, or electronic messaging, the dispatch is at the expense and risk of the Client.
  11. If the Client provides PPJR Media with information carriers, electronic files, software, etc., the Client assures that this will not violate the intellectual property rights or copyrights of third parties. Additionally, the Client confirms that the information carriers, electronic files, or software are devoid of viruses, malware, and defects.
  12. If the Client wishes to modify the execution of an order, PPJR Media is obligated to proceed only if it is reasonably feasible. In such cases, the Client is required to reimburse PPJR Media for all incurred costs.
  13. The Client indemnifies PPJR Media against any third-party claims resulting from damage associated with the agreement’s execution and attributable to the Client.
  14. PPJR Media retains the right to use the knowledge acquired during the execution of the assignment for other purposes, provided that no confidential information is disclosed to third parties.
  15. PPJR Media has the liberty to utilize the design and content of the assignment for its own publicity or promotional purposes.
  16. If PPJR Media performs an assignment under contract or as a subcontractor, it is entitled (unless expressly agreed otherwise in writing) to directly communicate with the contracting authority or end customer regarding the order.

Article 6 | Payment

  1. A valid payment method is necessary to process your Subscription payment. You are responsible for providing accurate and complete payment information, including name, address, and telephone number. An electronic invoice will be issued, instructing you to manually complete the full payment within a specified deadline corresponding to the billing period mentioned on the invoice.
  2. Payment is required within 14 days from the invoice date. If, after this period elapses, PPJR Media has not received the (full) payment, the Client will automatically be considered in default and will incur interest at the statutory rate. The interest on the outstanding amount will be calculated from the moment the Client enters default until the complete amount is settled.
  3. If PPJR Media is compelled to undertake additional or different tasks due to the late delivery or non-delivery of complete, accurate, and clear data/materials by the Client or because of a modified or incorrect assignment or briefing, such work will be billed separately based on PPJR Media’s standard fees and rates.
  4. In cases of liquidation, bankruptcy, seizure, or suspension of payment by the Client, PPJR Media’s claims against the Client become immediately due and payable.
  5. The Client is required to make payments without any deduction or offset, unless PPJR Media agrees to such settlement against deductible advance payments.
  6. Certain refund requests may be considered by PPJR Media on a case-by-case basis and granted in sole discretion of PPJR Media.

Article 7 | Fee

  1. PPJR Media, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
  2. PPJR Media will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
  3. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
  4. Price indexation will occur at the start of each year during the agreement term, following the Dutch CBS Price Index for (professional) commercial ICT services (“Dienstenprijsindex (DPI) voor ICT DPI62”) with a minimum of zero percent (negative price indexation will not apply) or a higher percentage if specific market conditions necessitate it.

Article 8A | Intellectual Property

  1. The Service and its entire contents, encompassing the text, images, graphics, video, or code from any Framework or product within the PPJR Media Online Marketing Suite, is the exclusive property of PPJR Media and is safeguarded by copyright, trademarks, database, and other intellectual property rights.
  2. During the duration of the Subscription, the Client is solely permitted to display, copy, download, reuse, or print the PPJR Media Online Marketing Suite contents for both personal and commercial use when dealing with the formation of assignments for direct clients.
  3. Any other use is strictly prohibited and may constitute a violation of copyright, trademark, and other laws. These Terms do not confer upon you a license to utilize any trademark of PPJR Media. Additionally, you agree not to alter, modify, or remove any proprietary notices from materials obtained from the Service.
  4. The Client may not resell or share PPJR Media Online Marketing Suite contents, or claim its intellectual property as their own. All documents provided by PPJR Media, including frameworks, workshops, tools, reports, advice, agreements, designs, sketches, content, drawings, software, etc., are exclusively intended for use of the Client to service their direct clients and may not be further reproduced, published, or disclosed without the prior consent of PPJR Media.
  5. Upon the termination of the Subscription by either PPJR Media or the Client, the Client is no longer allowed to display, copy, download, print, or reuse the PPJR Media Online Marketing Suite contents, and is forbidden from reusing past documentation to recreate Frameworks or products from the PPJR Media Online Marketing Suite for personal, commercial, or non-commercial use.
  6. Should PPJR Media decide to assert its ownership rights as outlined in this article, the Client hereby grants PPJR Media unconditional and irrevocable permission to access all locations, whether physical or non-physical, including server rooms and similar environments, where PPJR Media’s property is situated and stored, even in electronic format, and to retrieve or dismantle these goods.
  7. If the Client is in default or fails to fulfill their obligations in a timely manner, all reasonable costs incurred for extrajudicial measures to obtain satisfaction will be the responsibility of the Client.
  8. In the case of a monetary claim, the Client will bear the collection costs, any additional costs reasonably incurred by PPJR Media, as well as any reasonable legal and execution expenses.
  9. Without prejudice to other provisions in these general terms of service, PPJR Media reserves the rights and powers granted under the Copyright Act.

Article 8B | Intellectual Property | Premium Licensing

  1. All clauses from Article 8A apply equally to Premium Licensing, with the following exceptions:
    1. After purchasing the Premium Licensing, the Client is allowed access to the Suite for a total of one month to copy documentation. The Client holding the Premium License is allowed to continue to display, copy, download, print, or reuse the PPJR Media Online Marketing Suite contents after the expiration of that one month.
    2. Premium Licensing does not include year-round updates of the frameworks, guidelines, tools, and workshops.

Article 9 | Content

  1. Our Service allows you to modify, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”) to your direct clients based on our Framework and other services within the PPJR Media Online Marketing Suite. You are responsible for the Content that write to complete Frameworks and other products within the PPJR Media Online Marketing Suite for your direct clients, including its legality, reliability, and appropriateness.
  2. You retain any and all of your rights to any Content you create using the Service and you are responsible for protecting those rights.
  3. You represent and warrant that the Content added to the Frameworks and other products within the PPJR Media Online Marketing Suite is yours (you own it) or you have the right to use it.
  4. You acknowledge that, by providing you with the ability to create and share user-generated content through the Service, we are merely serving as a passive channel for such distribution. We do not assume any obligation or liability pertaining to the contents or activities you provide your own clients.

Article 10 | Links to Third-Party Websites

  1. The Service may feature links to, or provide you with the capability to link to, third-party websites, accounts, or services that are not owned or controlled by PPJR Media.
  2. PPJR Media has no authority over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Additionally, you acknowledge and agree that PPJR Media will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
  3. We strongly recommend that you review the terms of service and privacy policies of any third-party websites or services you visit.

Article 11 | Termination of Subscription-based Services

  1. Either party has the right to terminate the agreement with written notice and substantiated reasons. For Subscriptions, a minimum notice period of one month applies, after the  fixed term of three months has passed. This notice period becomes effective at the end of a calendar month.
  2. In the event of premature termination within the fixed term, PPJR Media is entitled to claim the full fee for all three months.
  3. PPJR Media has the right to suspend the fulfillment of its obligations or terminate the agreement if:
    1. The Client fails to fully comply with the obligations outlined in the agreement, even after receiving a formal warning from PPJR Media to adhere to them.
    2. PPJR Media acquires information, subsequent to the agreement’s conclusion, indicating circumstances that raise valid concerns about the Client’s capacity to meet all obligations within the agreement.
  4. We reserve the right to terminate or suspend access to our Service at any time, without prior notice or liability, for any reason, including, but not limited to, a violation of the Terms.
  5. In the event of agreement dissolution, PPJR Media’s claims against the Client become immediately due and payable. If PPJR Media suspends compliance with obligations, it preserves its rights under both the law and the agreement.
  6. Both parties are obligated to uphold the confidentiality of all proprietary information acquired and received from each other or other sources within the scope of their agreement. Information is deemed confidential if it has been disclosed by the parties or arises from the inherent nature of the information.
  7. All aspects of the Terms will remain in effect even after termination, encompassing ownership provisions, warranty disclaimers, indemnity clauses, and limitations of liability.
  8. Your right to use the Service will cease immediately upon termination. If you choose to terminate your account, you can do so by discontinuing the use of the Service.
  9. PPJR Media retains the right to pursue damages and compensation at all times.

Article 12 | Termination of Assignments

  1. Either party has the right to terminate the agreement with written notice and substantiated reasons. Recurring activities and/or a fixed fee arrangement require a three-month notice period. This notice period becomes effective at the end of a calendar month.
  2. In the event of premature termination, PPJR Media is entitled to a reasonable portion of the fee, considering work completed, the benefit to the Client, and the reason for termination, in addition to reimbursement of already incurred costs.
  3. If the assignment is prematurely terminated for any reason, the Client is no longer authorized to use the deliverables provided, and any license granted to the Client within the assignment’s scope becomes null and void.
  4. If the Client notifies PPJR Media of a temporary pause in contracted services, this pause is not considered part of a notice period. PPJR Media will assess the impact and consequences of this temporary pause.
  5. PPJR Media has the right to suspend the fulfillment of its obligations or terminate the agreement if:
    1. The Client fails to fully comply with the obligations outlined in the agreement, even after receiving a formal warning from PPJR Media to adhere to them.
    2. PPJR Media acquires information, subsequent to the agreement’s conclusion, indicating circumstances that raise valid concerns about the Client’s capacity to meet all obligations within the agreement.
  6. In the event of agreement dissolution, PPJR Media’s claims against the Client become immediately due and payable. If PPJR Media suspends compliance with obligations, it preserves its rights under both the law and the agreement.
  7. Both parties are obligated to uphold the confidentiality of all proprietary information acquired and received from each other or other sources within the scope of their agreement. Information is deemed confidential if it has been disclosed by the parties or arises from the inherent nature of the information.
  8. All aspects of the Terms will remain in effect even after termination, encompassing ownership provisions, warranty disclaimers, indemnity clauses, and limitations of liability.
  9. PPJR Media retains the right to pursue damages and compensation at all times.

Article 13 | Indemnification

  1. You agree to indemnify, defend and hold harmless PPJR Media and all its associates from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
  2. These include but are not limited to:
    1. Legal and accounting fees resulting from your use of the Service;
    2. Your breach of any of these Terms;
    3. Anything you create based on the Service; and
    4. Any activity related to your account. This encompasses any negligent or unlawful actions on your part, as well as those of any individual or entity who accesses the Service through your account, regardless of whether such access is gained through fraudulent or illegal methods.

Article 14 | Liability

  1. PPJR Media cannot be held liable for:
    1. Mistakes in the material provided by the Client.
    2. Misinterpretations and/or errors in the implementation of the agreement, stemming from actions of the Client, such as late delivery or non-delivery of comprehensive, accurate, and clear data/materials.
    3. Mistakes made by third parties hired by/on behalf of the Client.
    4. Mistakes in quotations from suppliers or deviations from estimates provided by involved suppliers.
    5. Mistakes and/or issues emerging after delivery due to the utilization or maintenance of the product and deliverables by entities other than PPJR Media.
  2. Unless prohibited by law from excluding or limiting liability, PPJR Media’s responsibility for any claim—whether contractual, unlawful, or otherwise—per event or series of events will always be restricted to:
    1. The sum for which PPJR Media’s liability insurance provides entitlement in a specific case.
    2. If no coverage or payment is provided under the insurance, any liability is restricted to an amount equivalent to the invoice value of the assignment, or at least the portion of the assignment to which the liability pertains, with a maximum of € 1,000.
    3. In contrast to the provisions outlined in 2.A and 2.B., assignments lasting more than six months, liability is capped at the invoice value due over the preceding six months, with a maximum of € 2,000.
  3. The limitations of liability outlined in these conditions do not apply if the damage can be attributed to the intentional or gross negligence of PPJR Media or its subordinates.
  4. Any liability ceases after a period of one year from the completion of the assignment.
  5. Following the completion of the assignment, neither the Client nor PPJR Media holds any obligation towards each other concerning the materials, data, and achieved results.
  6. PPJR Media offers no guarantee, either direct or indirect, regarding its services or goods, unless explicitly stated in writing.
  7. The Client is responsible for indemnifying PPJR Media against any potential claims from third parties related to the services and/or (parts of) products and results delivered by PPJR Media to the Client.

Article 15 | Limitation Of Liability for Suite

  1. PPJR Media and all its associates, will not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from:
    1. Your access to or use of the Service.
    2. Your inability to access or use the Service.
    3. Any conduct or content of any third-party on or related to the Service.
    4. Any content obtained from or through the Service.
    5. The unauthorized access to, use of or alteration of your content, whether arising from warranty, contract, tort (including negligence), or any other legal claim.

Article 16 | Disclaimer and Non-Waiver of Rights

  1. PPJR Media does not provide any guarantees, representations, or warranties regarding the Service. Any alleged warranties or terms of service are fully excluded to the extent permitted by law. Your utilization of the Service is solely at your own risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
  2. PPJR Media does not warrant that:
    1. The Service will function uninterrupted, secure, or available at any particular time or location.
    2. Any errors or defects will be corrected.
    3. The results of using the Service will meet your requirements.
  3. If you violate any of these Terms and PPJR Media opts not to promptly intervene or decides not to act at all, PPJR Media retains the entitlement to exercise all rights and remedies at any time or in any other circumstance where you breach these Terms. PPJR Media does not waive any of its rights and will not be held responsible for any alleged breach of these Terms resulting from circumstances beyond its control. Individuals who are not parties to these Terms will not have any rights of enforcement.
  4. You are prohibited from assigning, sublicensing, or otherwise transferring any of your rights under these Terms.

Article 17 | Force majeure

  1. Force majeure encompasses all external factors, whether foreseen or unforeseen, that are beyond the control of PPJR Media but hinder its ability to fulfill contractual obligations.
  2. In the event of force majeure, the parties have the option to suspend the obligations outlined in the agreement. Should the duration of force majeure extend beyond three months, rendering it impossible for PPJR Media to fulfill its obligations, the parties retain the right to dissolve the agreement without incurring any damages.
  3. If force majeure occurs after PPJR Media has partially fulfilled its obligations or can only fulfill them partially, PPJR Media has the right to issue a separate invoice for the completed or partially completed portion. The Client is obligated to settle this invoice as if it were an independent contract. However, this provision does not apply if the already executed portion holds no independent value.

Article 18 | Governing Law

  1. These Terms shall be subject to, interpreted, and enforced in accordance with the laws of the Netherlands, as applicable. All agreements between the Client and PPJR Media are equally subject to Dutch law.
  2. In the event that any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall continue to be effective. These Terms constitute the complete agreement between PPJR Media and the Client concerning our Service, supplanting and displacing any prior agreements, whether oral or otherwise, pertaining to the Service.

Article 19 | Changes

  1. We retain the authority, at our sole discretion, to amend or substitute these Terms at any time. In the event of a substantial revision, we will make reasonable efforts to give a notice of at least 30 days before the implementation of any new terms. The determination of what constitutes a material change will be made solely at our discretion.
  2. By continuing to access or utilize our Service after the revised terms come into effect, you acknowledge your acceptance of the modified terms. If you do not consent to the new terms, either in full or in part, kindly discontinue your use of the website and the Service.

Article 20 | Contact Us

If you have any inquiries regarding these Terms, feel free to reach out to us at info@ppjrmedia.com.