Smart Alpaca Terms & Conditions

Definitions and General Terms

Sandrine Ferwerda Coosemans is the founder of SmartAlpaca (formerly known as Sandco), registered with the Dutch chamber of commerce (Kamer van Koophandel), account number 54721733 (until December 2024) and as sole trader with the Spanish Hacienda from December 2024 onward.
Until Dec 2024: Company address: Reygersberg 5, 1462 PG Middenbeemster, The Netherlands - VAT NL 002480796 B78.
From Dec 2024: Calle San Roque 11, 44624 Lledò, Teruel, Spain - VAT ES Y2864896F
The client is the person or organisation that has accepted our offer.
Sandrine’s marketing activities operate under the brand name SmartAlpaca. Under this brand name, she can subcontract elements of the work to select subcontractors. She will not search additional approval to engage these third parties. She will fully disclose relevant information about the team upon request by the client.
These terms and conditions apply to all contracts and agreements. Potential exceptions and changes shall be agreed upon by both parties in writing.
We will carry out any assignment to the best of our knowledge and ability. When we take on a project, we warrant that we have the knowledge, skills, and experience necessary to produce great work and subsequent results.
Our regular working days are Monday to Friday, except for Spanish and international holidays. Our working hours are flexible, and (unless agreed otherwise in writing) we cannot be expected to work a minimum amount of time, or to be available during certain periods of time.
Spanish law applies to these terms and conditions, as well as all agreements to which they relate. The adequate court in Aragòn, Spain shall settle all disputes relating to these agreements.
These terms & conditions also apply to any websites or other online elements owned by Sandrine Coosemans.

Collaboration

Unless agreed otherwise, we communicate about running projects and business issues through the designated Slack workspace.
Our packages include a certain number of meetings as well as specific deliverables. If you request more meetings or want to add more work to the package, we reserve the right to decline - or to charge additional fees if we choose to accept.
If either party is delayed or unable to attend one of our calls, they will notify the other party as soon as possible. Appointments missed without 24 hours notice will be rescheduled at our discretion.
As we create materials for you, we will provide you with instructions on how to use them. Any requests for additional user guides, tutorials or SOPs are to be made at least 14 days before the end of our collaboration.
Marketing (including website optimisation, SEO, social media marketing, email marketing and other services offered) is not a quick fix, and results may vary based on a variety of factors. We make no guarantees outside those provided in our agreement. If anything is not working as expected, please communicate feedback ASAP to better address desired goals.

Done-For-You deliverables

The following applies to materials we create for you and deliver as a finished product; they do not apply to “done-with-you” constructions, where you or your team take upon yourself to finalise the materials.
Any websites and landing pages we build are optimised for speed and basic search engine requirements, as well as responsiveness for a range of modern browsers and devices. This does not mean the website will look the same on all devices; it means ensuring that the user experience is appropriate to the capabilities of their browser or device.
Changes may occur to either the operating system or web browser software post-project delivery, which can affect the website’s functionality. We reserve the right to charge for any upgrading of the website to ensure compatibility with the newer version, but will never do so without explicit consent from the client.
Provided the client has paid for the work and that the contract hasn’t been terminated before the end date, we assign all intellectual property rights to the client at the end of the project. This means you will own all text, images, or other artwork we created, designed, or updated for you. We will provide you with finished files, which you should keep somewhere safe as we do not keep a copy indefinitely.

Invoicing and Payment

We invoice with all necessary taxes, and you will not be subjected to payroll tax or social contributions as a consequence of our work.
Packages will be invoiced before the start of the project (advance payment) or monthly (instalment payments).
You will pay our invoices within 7 calendar days of the invoicing date. We reserve the right to hold off on the work until payment has been completed. In the case of late payment, the start of the project may be delayed with up to 14 days from the date of the payment. We also apply a late fee (1% of the amount on the invoice, with a minimum of € 12,50).
The method of payment will be agreed upon before starting the work. You can pay by bank transfer in USD, GBP, AUD, EUR, or through Wise. A fee may apply to credit card and Paypal payments.
All amounts mentioned on this website and in our proposals exclude VAT and other taxes, unless explicitly agreed on otherwise.
Invoices will be sent out in Euro.
No refunds are allowed once the payment has been made and we have started the project. If at any time you feel you’re not getting what you paid for, do get in touch immediately to discuss this.
Our rates may be changed at any time. If you hired us on a retainer, we will notify you of any changes at least 1 month before the changes take effect. Unless you object to the changes within a period of 14 days from the announcement, the changes will be applied to the first invoice of the following month.

Termination of - or changes in the agreement

If the end date of the agreement is not specified, it can be terminated by either party with a 14 days notice period. Cancellation is to be done by e-mail to hello@smartalpacamarketing.com.
If a client fails to fulfill your obligations, in case of bankruptcy or lack of payment (after due summon), or if the company ceases to exist, we have the right to suspend the execution of the agreement without summation or judicial intervention, until all bills have been paid and all conditions of the agreement met. We will not owe any damages in any of these cases.
Any change in the original assignment is subject to a separate written agreement.
Disease and temporary or permanent incapacity to work (force majeure) on our side, relieve us from fulfilling the assignment within the agreed delivery period. In this case, clients will not be entitled to compensation for costs, damages, or interest. We will inform the client immediately and work out an alternative together.
When we wrap up our collaboration, we will provide you with access to all relevant documents and platforms. We assume you either know how to manage these, or that you will hire a new person to do this for you. Any requests for tutorials or SOPs have to be made at least 14 days before termination of the agreement.

Use of third party software and AI

We use a variety of tools and software to organise, simplify, and expedite our work - and several of these tools include some form of artificial intelligence.

We use AI routinely for the following purposes:

Idea generation: AI allows us to brainstorm quickly and effectively. We always review ideas to make sure they fit the specific situation, and add our own research and ideas before sharing it with you.
First drafts: when provided with the right outline and instructions, AI can help us create initial drafts of content. We then refine these to add a human voice (your brand voice), our research, and our insights (and/or our clients’ input).
Quick research: we use AI for initial insights on a topic, supplementing it with thorough research and expertise.

Our Commitment to Quality:

Human Review: All AI-generated content is edited and reviewed to meet our high standards.
Fact-Checking: We verify all information from AI with reliable sources.
Personal Touch: We ensure that every piece of content reflects our team’s creativity and insights.
Data Security: We never use AI to handle sensitive client data.

While we may occasionally turn to ChatGPT, the AI tools we use are built specifically for marketers, ensuring a high level of safety and helping us work in a more focused way. Using AI responsibly allows us to work more efficiently and generate ideas we may not have thought of, bringing our clients high-quality content faster. But our core belief remains that marketing is about human connection; AI is just a tool we use in the process

Copyright, confidentiality, liability

We will be careful regarding the custody and use of items, digital tools, and information entrusted by the client. We are not liable for damage or loss of information during shipment or storage unless caused by our own reckless behaviour or neglect. You indemnify us for all claims of third parties arising out of or relating to the damage or loss of information as intended herein.
Both parties ensure that they are in full compliance with their respective obligations under the General Data Protection Regulation, (GDPR) (EU) 2016/679. Each party will, if applicable, notify the other party immediately in the event of a data breach that involves the other party’s data.
We carry out our work according to good industry practice and at the standard expected from a suitably qualified team with relevant experience. That said, we can’t guarantee that our work will be error-free and cannot be liable to any party for damages, including lost profits, lost savings, or other damages.
We use confidential information solely for the purposes of performing obligations under this contract. We will not share, publish, disclose, or disseminate any of this information or content at any time.
We will keep confidential information and company or client data with the highest degree of care and confidentiality, unless required by law to disclose certain information. You can request to be informed of the way your information is stored at any time during the cooperation.
If you provide any materials to us, you guarantee that all elements of text, images or other artwork you provide are either owned by yourself, or that you have permission to use them. When you provide text, images or other artwork to us, you agrees to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work delivered to you are either owned by us, or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property.
All content created by us will become the intellectual property of the client, as a work-made-for-hire, free and clear, upon full payment. We hold no right, title or interest in work or product resulting from the services performed hereunder. The client holds full rights to make changes to the provided content for any reason.
We continue to own any intellectual property rights for elements we developed prior to, or developed separately from this project and not directly paid for by you.
All liability for damage resulting from inadequate or non-timely execution of the work shall be limited to and excluded above the amount paid by the client for the work at hand.
We are not liable for damage due to inadequate or non-timely execution of the work unless this is due to intent, neglect, or recklessness.
We are not liable for the consequences of errors or lack of clarity in the assignments or the materials provided by you.
We shall take reasonable steps to ensure the reliability of any agent, contractor, or subcontractor who may have access to client data. Access shall be strictly limited to individuals who need to access the relevant data, as necessary for the work, and to comply with applicable laws. We shall also ensure that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
Any complaints must be lodged in writing within 14 days after completion of the assignment.
We reserve the right to display all aspects of our creative work on our portfolio, in articles on websites, in magazine articles and blogs. In all such instances, SmartAlpaca and/or any subcontractors involved shall be represented as the creator of the project.