Article 1 — Who we are
We are Van Borg Agency, a sole proprietorship registered with the Dutch Chamber of Commerce (KVK) under number 42125845 (establishment number 000066299039), VAT identification number NL005514922B93. Our address is Kieler Bocht 104, 9642 CE Veendam, the Netherlands. Van Borg is a trade name of Van Borg Agency; the same company also trades as Surge Agent and Pixel Blueprint, among others.
You can reach us at nicolaas@vanborg.com or +31 6 42 33 77 37. In these terms, "we" refers to us and "you" refers to you, our client.
Article 2 — Applicability
We serve businesses and organizations (B2B), not consumers. These terms apply to all our quotes, offers and agreements.
Deviations from these terms are only valid if agreed in writing. The client's own purchasing or other terms do not apply unless we expressly accept them in writing.
Article 3 — Prices and offer
All prices exclude 21% VAT. The prices on our website constitute our offer: what is listed there is what you pay.
Any one-time setup fee never exceeds €345 per service.
If our prices change, we announce this in advance. A new price only takes effect from your next rental month, never retroactively.
Article 4 — Delivery and lead time
Lead times and delivery dates we mention are target dates. We do our best to meet them, but they are not strict deadlines.
Lead time also depends on what you provide: copy, images, access credentials and answers to our questions. If your input arrives later, delivery shifts accordingly.
Article 5 — Rental model and duration
Our services are provided on a rental basis, month to month, from the agreed start date. You can cancel monthly. A cancellation takes effect at the end of the current rental month; we do not refund the current month.
Growth sites (Groeisites) and the Complete system (Totaalsysteem) have a minimum term of 6 months. After that, these services can also be cancelled monthly.
If you choose annual rental, you receive a 20% discount and pay the full year upfront. You then have a 30-day cooling-off period: if you withdraw within that period, we refund the amount minus one regular (non-discounted) month, provided your usage stayed within one month's fair-use limits.
If you stop paying, we may take the service offline until payment is received.
Article 6 — Payment
We invoice monthly in advance. You have a grace period until 3 days after the end of the rental month. If payment has still not been received by then, we take the service offline until it is.
You can pay by iDEAL, credit card or cryptocurrency at a fixed euro amount; the exchange-rate risk of crypto lies with the client. We do not offer payment in arrears.
If payment remains outstanding, we may charge the statutory collection costs, with a minimum of €40.
Article 7 — Obligations and fair use
You provide accurate and complete input and do not use our services for abuse, spam or unlawful purposes.
The following usage is included per month:
- 300 call minutes of shared voice capacity;
- 1,000 conversations per chat assistant;
- as a guideline, 250 documents.
Above these limits we charge €0.29 per call minute and €0.09 per conversation. Extra bundles you purchase roll over to following months for as long as the rental runs.
Article 8 — Intellectual property and white-label
The software and systems we build and operate remain our property. You receive a right of use for as long as the rental runs.
The service runs under your logo and brand identity (white-label). Your domain name and your Google connections are and remain yours — also after you cancel.
Article 9 — Data and privacy
How we handle personal data is described in our privacy statement.
Where we process personal data on your behalf (us as processor), we conclude a data processing agreement. It is attached as an annex to the rental contract.
Read the privacy statement
Article 10 — AI output and responsibility
Our services use artificial intelligence. AI can make mistakes. Always verify important output; you remain responsible for the business decisions you make based on AI output.
Our systems make clear to end users that they are communicating with AI, in accordance with Article 50 of the EU AI Act. This AI disclosure is enabled by default and may not be removed or hidden — not even in a white-label setup.
Article 11 — Availability and maintenance
We aim for an uptime of 99.5%. We respond to support requests within 1 business day; we pick up outages within 4 office hours.
Planned maintenance is announced in advance and scheduled outside office hours where possible.
Article 12 — Liability
Our total liability is limited to a maximum of 3 months' rent of the service the damage relates to.
We are never liable for indirect damage, such as lost profit, missed savings, data loss or consequential damage.
Article 13 — Changes to these terms
We may change these terms. Changes are announced by email at least 30 days in advance.
If you disagree with a change, you can cancel before the new terms take effect.
Article 14 — Complaints and applicable law
Have a complaint? Report it to us first at nicolaas@vanborg.com. We respond within 5 business days and work with you towards a solution.
All agreements are governed by Dutch law. Disputes are submitted to the District Court of Noord-Nederland (rechtbank Noord-Nederland).