Version 2026.1 — effective from 1 October 2026
Search Clicks B.V., having its registered office in Zoetermeer and its place of business at Edelgasstraat 101, 2718 TE Zoetermeer, the Netherlands, registered with the Netherlands Chamber of Commerce under number 94825726.
E-mail: hello@searchclicks.com | Telephone: +31 85 060 9801
These terms have been filed with the Netherlands Chamber of Commerce and can be consulted at https://searchclicks.com/terms-and-conditions/. Earlier versions are listed in the version archive at https://searchclicks.com/terms-and-conditions/archive/
These General Terms and Conditions are a translation of the Dutch original. The Dutch text is the sole legally binding version. In the event of any discrepancy between this translation and the Dutch text, the Dutch text prevails. The Dutch text is available at https://searchclicks.com/nl/algemene-voorwaarden/
Chapter I — General provisions (articles 1 to 25)
Chapter II — Service-specific provisions (articles 26 to 34)
Chapter III — Results guarantee (article 35)
Chapter IV — Version control, transitional provisions and legal succession (articles 36 to 38)
In these general terms and conditions, the following definitions apply:
1.1 Search Clicks: Search Clicks B.V., Chamber of Commerce number 94825726, the user of these general terms and conditions.
1.2 Client: the natural or legal person acting in the exercise of a profession or business who enters into an Agreement with Search Clicks or who enters into negotiations with Search Clicks to that end.
1.3 Parties: Search Clicks and the Client jointly.
1.4 Agreement: any arrangement between the Parties under which Search Clicks performs Services, including all annexes, order confirmations, quotations, data processing agreements and supplementary arrangements.
1.5 Services: all work offered by Search Clicks, including search engine optimisation (SEO), visibility in AI search systems (GEO/AEO), search engine advertising (SEA), e-mail marketing and outbound lead generation, social media, web development, software development, AI automation, hosting, maintenance, support, advice and all related work.
1.6 Materials: all works produced or made available by Search Clicks, including software, source code, websites, designs, texts, reports, analyses, strategies, campaign structures, templates, scripts, prompts, workflows and documentation.
1.7 Client Material: all data, files, texts, images, trade marks, logos, address files, accounts and access credentials that the Client provides or makes available to Search Clicks.
1.8 In writing: on paper or by electronic means, expressly including e-mail and messages sent through a client portal designated by Search Clicks.
1.9 Minimum Term: the fixed period stated in the Agreement for which the Agreement is entered into and during which it cannot be terminated prematurely.
1.10 Fee: all amounts payable by the Client to Search Clicks, exclusive of VAT unless expressly stated otherwise.
2.1 These general terms and conditions apply to all offers, quotations, Agreements, legal relationships and (legal) acts between Search Clicks and the Client, including where these build on or arise from an earlier Agreement.
2.2 Search Clicks contracts exclusively with parties acting in the exercise of a profession or business. These terms are not intended for and are not used towards consumers.
2.3 The applicability of any general terms, purchasing conditions or deviating provisions used by the Client is expressly rejected. Deviations from these terms apply only if expressly accepted in writing by Search Clicks, and then only for the Agreement for which they were agreed.
2.4 Order of precedence. In the event of any conflict, the following order applies, with the document mentioned first prevailing: (a) the Agreement recorded in writing and signed by both Parties; (b) a data processing agreement concluded between the Parties, solely in so far as the processing of personal data is concerned; (c) an agreed service level agreement; (d) Chapters II and III of these terms (service-specific provisions and results guarantee); (e) Chapters I and IV of these terms.
2.5 Provision of these terms. These terms are made available to the Client by electronic means prior to or at the latest upon conclusion of the Agreement, in such a way that the Client can store them and consult them at a later time. The Client expressly consents to their being made available by electronic means as referred to in article 6:234(3) of the Dutch Civil Code. Search Clicks will send a copy free of charge upon first request.
2.6 Where Search Clicks has provided these terms to the same Client on more than one occasion, they apply to all subsequent Agreements, even if not provided again.
2.7 If any provision of these terms is void or is annulled, the remaining provisions remain in full force. The Parties will consult in order to replace the void or annulled provision with a valid provision that approximates its purport as closely as possible.
3.1 All offers and quotations by Search Clicks are without obligation and valid for thirty (30) days from their date, unless stated otherwise.
3.2 The Agreement is formed by the Client’s acceptance in writing, by signature (including electronic signature) of the Agreement, or by Search Clicks commencing performance with the Client’s consent.
3.3 Obvious errors, slips of the pen or calculation errors in offers, quotations and publications are not binding on Search Clicks.
3.4 Offers do not automatically apply to follow-up assignments. Composite price quotations do not oblige Search Clicks to perform part of the assignment for a corresponding part of the price.
3.5 Examples, cases, forecasts, funnel calculations, models and indications of expected results provided by Search Clicks are indicative only and are not binding on Search Clicks.
4.1 Search Clicks performs the Services to the best of its knowledge and ability and in accordance with the standards of good workmanship. All obligations of Search Clicks are obligations to use best efforts, unless and in so far as a specific result is expressly and unambiguously promised in the Agreement.
4.2 Search Clicks is free to determine how and by whom the Services are performed and is entitled to engage third parties. Articles 7:404, 7:407(2) and 7:409 of the Dutch Civil Code are expressly excluded.
4.3 Periods stated are indicative and never strict deadlines, unless expressly agreed otherwise in writing. Exceeding a period does not give rise to any right of rescission or damages, unless Search Clicks has been given written notice of default allowing a reasonable period for performance of at least thirty (30) days and that period has expired unused.
4.4 Where the Services are performed in phases, Search Clicks is entitled to suspend the start of a subsequent phase until the Client has approved the results of the preceding phase in writing and has met its payment obligations.
4.5 Search Clicks is entitled to change the Services and the methods, tools, platforms and suppliers used, provided that the agreed functionality and quality are not materially impaired as a result.
5.1 The Client provides, in good time, in full and in the form requested by Search Clicks, all data, materials, access rights and decisions that Search Clicks reasonably requires for performance. This includes access to the website, the CMS, hosting, DNS, analytics (including Google Analytics and Search Console), advertising accounts, e-mail and sending domains, and relevant business information.
5.2 The Client designates one contact person authorised to take decisions on its behalf and ensures timely feedback and approvals. If the Client does not respond within ten (10) working days to a request for approval, feedback or delivery of materials, Search Clicks is entitled to regard the relevant step as approved or to suspend performance.
5.3 The Client warrants the accuracy, completeness and lawfulness of the Client Material and guarantees that its use does not infringe the rights of third parties and is not contrary to any law or regulation.
5.4 The Client will not make, and will not allow third parties to make, any changes to the website, hosting, domain name, tracking code, campaign structure or account settings managed by Search Clicks without prior consultation with Search Clicks.
5.5 If the Client fails to fulfil its obligations under this article, or fails to do so in good time or properly, Search Clicks is entitled to suspend performance and to charge the resulting additional costs and hours at its applicable hourly rate. The agreed Fee remains payable in full during the suspension. Search Clicks is not liable for damage resulting from incorrect, incomplete or untimely information or cooperation.
5.6 The Client is itself responsible for making and keeping back-ups of its own data, unless back-up has expressly been agreed as a Service.
This article is a core provision. The Client is deemed to have expressly taken note of it.
6.1 Term. The Agreement is entered into for the fixed period stated in the Agreement (the Minimum Term). If no term is stated, the Agreement applies for an indefinite period and may be terminated by either Party on one (1) month’s notice, effective at the end of a calendar month.
6.2 Minimum Term per service. Unless the Agreement provides otherwise:
6.3 No premature termination. The Agreement cannot be terminated during the Minimum Term. The Client’s right to terminate the Agreement prematurely under article 7:408(1) of the Dutch Civil Code is expressly excluded.
6.4 Termination with effect from the end of the Minimum Term. Notice of termination with effect from the end of the Minimum Term must be given in writing and no later than one (1) month before the end of that term, addressed to hello@searchclicks.com or to the address stated in the Agreement. Search Clicks confirms receipt of every notice of termination in writing. The moment of receipt by Search Clicks is decisive for determining whether notice was given in time. A notice that is not given in writing, or the receipt of which has not been confirmed by Search Clicks, does not constitute notice of termination.
6.5 Tacit renewal. If the Agreement is not terminated in good time in accordance with article 6.4, it continues tacitly after the end of the Minimum Term for an indefinite period, on the terms and rates last applicable. The Agreement so continued may then be terminated by either Party on a monthly basis, on one (1) month’s notice, effective at the end of a calendar month.
6.6 Continuation of the Services after expiry. If the agreed term has expired without either Party having given notice of termination and the Services are in fact continued, the Agreement is deemed between the Parties to have been tacitly renewed in accordance with article 6.5. The express purpose of this provision is to prevent the Services from ending by operation of law upon expiry of the term and being discontinued without further arrangement, which would harm the continuity of the Client’s visibility, campaigns, hosting and systems. In such a case Search Clicks is entitled to continue the Services without interruption and to continue invoicing, and the Client remains liable to pay the Fee until the moment the Agreement has been validly terminated in accordance with article 6.5.
6.7 Confirmation by conduct. Continuing to take delivery of the Services after expiry of the term, granting or allowing the continuation of access to accounts and systems, and retaining or paying an invoice without objection within the payment period, constitute confirmation of the tacit renewal referred to in articles 6.5 and 6.6.
6.8 Premature termination by the Client. If the Client terminates the Agreement prematurely contrary to article 6.3, or if by its acts or omissions the Client gives cause for termination by Search Clicks as referred to in article 9, the remaining monthly instalments up to the end of the current Minimum Term become immediately due and payable in full, without prejudice to Search Clicks’ right to full compensation for damage.
6.9 Consequences of the end of the Agreement. Upon the end of the Agreement:
6.10 Termination does not affect the obligation to pay amounts already due.
7.1 All prices are in euros and exclusive of VAT and other government levies, and exclusive of third-party costs such as advertising budgets, licences, domain names, certificates, stock material, API and usage costs, unless expressly stated otherwise.
7.2 Search Clicks is entitled to adjust the agreed rates annually as at 1 January on the basis of the consumer price index published by Statistics Netherlands (CPI, all households), increased by no more than three (3) percentage points. An indexation under this paragraph does not entitle the Client to terminate the Agreement prematurely.
7.3 Search Clicks is further entitled to adjust its rates where cost-increasing factors beyond its control give cause to do so, including price changes by suppliers, platforms, licensors and data and AI providers, and changes in laws or regulations. Any such increase will be announced in writing at least thirty (30) days in advance. If an increase under this paragraph exceeds ten per cent (10%) on an annual basis and does not arise from a statutory obligation, the Client is entitled to terminate the Agreement in writing within fourteen (14) days of the announcement, with effect from the date on which the increase takes effect.
7.4 Third-party costs advanced by Search Clicks are passed on with an administrative surcharge of five per cent (5%), unless agreed otherwise.
7.5 Work falling outside the agreed scope is regarded as additional work and charged at the applicable hourly rate of Search Clicks. Search Clicks reports additional work in advance; where the matter is urgent or the deviation is minor, notification afterwards suffices.
8.1 Ongoing Services are invoiced monthly in advance. Project-based assignments are invoiced in accordance with the instalments set out in the Agreement; failing that, fifty per cent (50%) on placing the order and fifty per cent (50%) on delivery.
8.2 The payment period is fourteen (14) days from the invoice date, unless agreed otherwise. Payment is made without discount, suspension or set-off.
8.3 Where direct debit (SEPA) has been agreed, the Client grants a continuous mandate to that effect and ensures that sufficient funds are available. The costs of reversals are borne by the Client.
8.4 In the event of late payment, the Client is in default by operation of law, without any notice of default being required. From the due date, the Client owes the statutory commercial interest referred to in article 6:119a of the Dutch Civil Code on the outstanding amount.
8.5 All reasonable costs of obtaining payment out of court are borne by the Client, subject to a minimum of forty euros (€ 40) and otherwise in accordance with Dutch legislation on extrajudicial collection costs. Judicial and enforcement costs are likewise borne by the Client.
8.6 Objections to an invoice must be submitted in writing, with reasons, within fourteen (14) days of the invoice date. After that period the invoice is deemed to have been accepted by the Client. An objection does not suspend the payment obligation.
8.7 Payments made by the Client are applied first to costs owed, then to interest and finally to the principal sum, with the oldest invoice being settled first.
8.8 Search Clicks is entitled at all times to require (additional) security or advance payment if it has good grounds to fear that the Client will not meet its obligations. If the Client refuses, Search Clicks is entitled to suspend performance.
9.1 Search Clicks is entitled to suspend performance of its obligations or to rescind the Agreement in whole or in part, without notice of default and without being liable for damages, if:
9.2 In the cases referred to in article 9.1, all claims of Search Clicks against the Client become immediately and fully due and payable.
9.3 Suspension under this article does not release the Client from its payment obligations. Search Clicks is not liable for damage resulting from lawful suspension, including loss of positions, traffic, campaign data or leads.
9.4 Search Clicks may terminate an Agreement for an indefinite period or a tacitly renewed Agreement on three (3) months’ notice.
10.1 Amendments or additions to the Agreement are valid only if agreed in writing. Confirmation by e-mail suffices.
10.2 If an amendment results in more work, higher costs or a longer lead time, Search Clicks will adjust the Fee and the planning accordingly.
10.3 Search Clicks may refuse a request for amendment if in its opinion this jeopardises the quality, planning or feasibility of the Services, without thereby being in default.
11.1 All intellectual property rights in the Materials vest exclusively in Search Clicks or its licensors. Nothing in the Agreement constitutes a transfer of these rights, unless a transfer has been expressly agreed in writing and the Client has paid in full all amounts due in that respect.
11.2 Upon payment in full, the Client obtains a non-exclusive, non-transferable and non-sublicensable right to use the Materials, solely for the agreed purpose and for the duration of the Agreement, or — in the case of websites and software delivered — for an indefinite period within the Client’s own business.
11.3 For as long as the Client has not paid in full, all Materials delivered remain the property of Search Clicks, and Search Clicks is entitled to suspend or withdraw the right of use and to take Materials delivered offline or repossess them.
11.4 The Client is not permitted to reproduce, publish, modify, decompile, make available to third parties or use outside its own business the Materials, other than with the prior written consent of Search Clicks.
11.5 Search Clicks retains the right to use the knowledge, methods, generic components, templates, scripts and working methods acquired in the course of performance for other purposes and for other clients, provided that no confidential information of the Client is disclosed.
11.6 Search Clicks is entitled to place a modest credit on websites developed by it, unless agreed otherwise in writing.
11.7 The Client retains all rights in the Client Material and grants Search Clicks a right to use it in so far as necessary for performance of the Agreement.
11.8 In the event of a breach of this article, the Client forfeits an immediately payable penalty of five thousand euros (€ 5,000) per breach, increased by five hundred euros (€ 500) for each day the breach continues, without prejudice to Search Clicks’ right to full compensation for damage and to performance.
12.1 Accounts created in the Client’s name remain the property of the Client. Accounts, structures, licences and tools which Search Clicks uses at its own expense and risk or maintains in its own name — including sending infrastructure, sending domains, data licences and internal software — remain the property of Search Clicks and are not transferred.
12.2 The Client is responsible for the careful management of its login credentials and for all use made through its accounts.
12.3 Search Clicks will endeavour to store data carefully but is not obliged to retain data for longer than is necessary for performance of the Agreement and for statutory retention periods, subject to a minimum of thirty (30) days after the end of the Agreement.
13.1 The Parties undertake to keep confidential all confidential information they obtain from each other in the context of the Agreement and not to disclose it to third parties, other than in so far as necessary for performance of the Agreement or pursuant to a statutory obligation.
13.2 Confidential information means all information designated as such or which the receiving party should reasonably understand to be confidential, including strategies, prices, client data, campaign data, source code and business processes.
13.3 This obligation remains in force for three (3) years after the end of the Agreement.
13.4 In the event of a breach by the Client, the Client forfeits an immediately payable penalty of ten thousand euros (€ 10,000) per breach, without prejudice to Search Clicks’ right to full compensation for damage.
14.1 In performing the Agreement, the Parties comply with the General Data Protection Regulation (GDPR), the Dutch GDPR Implementation Act and the Dutch Telecommunications Act.
14.2 In so far as Search Clicks processes personal data on the Client’s instructions in the course of performance, Search Clicks acts as processor and the Client as controller. In that case the Parties conclude a data processing agreement, which forms an integral part of the Agreement.
14.3 As controller, the Client warrants that a valid legal basis exists for the processing and that the information obligations towards data subjects have been met. The Client indemnifies Search Clicks against all claims by data subjects, supervisory authorities and third parties relating to the absence of a legal basis or to data and content supplied or approved by the Client.
14.4 Search Clicks takes appropriate technical and organisational measures to protect personal data and notifies the Client of data breaches without delay.
14.5 The processing of personal data by Search Clicks for its own purposes is described in the privacy statement at https://searchclicks.com/privacy-statement/
15.1 The total liability of Search Clicks for attributable failure, tort or otherwise is limited to the amount paid out by Search Clicks’ liability insurer in the relevant case, increased by the deductible.
15.2 If the insurer does not pay out or the damage is not covered, the liability of Search Clicks is limited to the amount of the Fee (excluding VAT) paid by the Client to Search Clicks in the six (6) months preceding the event causing the damage, subject to a maximum of twenty-five thousand euros (€ 25,000) per event and per calendar year, whereby a series of connected events counts as one event. Third-party costs passed on, including advertising budgets, are disregarded in this calculation.
15.3 Search Clicks is liable only for direct damage. Liability for indirect damage is excluded, including in any event: consequential damage, lost profit, lost turnover, lost savings, missed leads or appointments, loss of or decline in positions, traffic, visibility or citations in search engines and AI systems, loss of goodwill or reputation, business interruption, corruption or loss of data, and damage arising from third-party claims.
15.4 Search Clicks is furthermore not liable for damage resulting from:
15.5 The limitations set out in this article do not apply in so far as the damage is the result of intent or deliberate recklessness on the part of Search Clicks or its managerial staff.
15.6 Any claim for damages lapses if it is not notified to Search Clicks in writing within twelve (12) months after the Client became aware, or could reasonably have become aware, of the damage, and in any event twelve (12) months after the end of the Agreement.
15.7 A condition for any right to compensation is that the Client gives Search Clicks proper written notice of default without delay and allows a reasonable period for remedy.
16.1 The Client indemnifies Search Clicks against all third-party claims, including reasonable legal costs, relating to:
17.1 Search Clicks is not obliged to perform if it is prevented from doing so by force majeure. Force majeure also includes: failures or outages of the internet, hosting, data centres, telecommunications or electricity; cyberattacks and ransomware; failures by suppliers, platforms and licensors; changes or interruptions in the services of search engines, AI platforms and advertising networks; government measures; epidemics; war and terrorism; strikes; fire; and illness or unavailability of key personnel in so far as replacement is not reasonably possible.
17.2 If the force majeure situation lasts longer than sixty (60) days, either Party is entitled to rescind the Agreement in writing in respect of the part that cannot be performed, without any obligation to pay damages. Work already performed is settled.
18.1 Complaints concerning performance of the Services must be reported to Search Clicks in writing and in sufficient detail within fourteen (14) days after the Client discovered or should reasonably have discovered the defect, and in any event within thirty (30) days of performance or delivery.
18.2 If no complaint is made in time, all rights and claims of the Client in that respect lapse and the Services are deemed to have been properly performed and accepted.
18.3 In the case of a well-founded complaint, Search Clicks may choose between remedying the defect, performing again, or crediting the relevant part of the Fee. A complaint does not suspend the payment obligation.
19.1 The Client is not permitted, during the Agreement and for twelve (12) months after its end, to employ or otherwise engage employees, freelancers or subcontractors of Search Clicks who have been involved in performance, without the prior written consent of Search Clicks.
19.2 In the event of a breach, the Client forfeits an immediately payable penalty of twenty-five thousand euros (€ 25,000) per breach, without prejudice to Search Clicks’ right to full compensation for damage.
20.1 Search Clicks is entitled to use the Client’s name and logo, together with a general description of the Services performed, as a reference on its website, in quotations and in other communications, unless the Client objects in writing. Confidential figures will not be disclosed without consent.
21.1 The Client may not assign its rights and obligations under the Agreement to a third party without the prior written consent of Search Clicks.
21.2 Search Clicks is entitled to assign its rights and obligations under the Agreement to a group company or to a third party in the context of an acquisition, merger or reorganisation. The Client hereby gives its cooperation in advance.
21.3 Search Clicks is entitled to set off what it owes the Client against what the Client owes it. The Client has no right of set-off or suspension.
22.1 Electronic communication between the Parties, including e-mail and messages in a client portal, counts as being in writing and has evidential value, subject to evidence to the contrary. The records and logs of Search Clicks constitute conclusive evidence, subject to evidence to the contrary.
22.2 The Parties are responsible for keeping their contact details up to date. Messages sent to the last known address are deemed to have been received.
23.1 Search Clicks is entitled to amend these general terms and conditions. Amendments will be notified to the Client in writing at least thirty (30) days before they take effect and published at https://searchclicks.com/terms-and-conditions/
23.2 Amended terms apply to current Agreements from the announced effective date. If an amendment materially worsens the Client’s position and does not arise from laws or regulations or from a change at a supplier, the Client is entitled to terminate the Agreement in writing within fourteen (14) days of the announcement, with effect from the date on which the amendment takes effect.
23.3 If the Client does not exercise its right of termination within the period referred to in article 23.2, it is deemed to have agreed to the amended terms.
24.1 All Agreements and legal relationships between Search Clicks and the Client are governed exclusively by Dutch law. The applicability of the Vienna Sales Convention is excluded.
24.2 In the event of a dispute, the Parties will first consult with a view to reaching an amicable solution.
24.3 All disputes will be submitted exclusively to the competent court of the District Court of The Hague, without prejudice to Search Clicks’ right to submit a dispute to the court that would have jurisdiction in the absence of this clause.
24.4 Agreements originally concluded with the legal predecessor referred to in article 38 remain governed by the law and the choice of forum agreed therein.
25.1 These terms were drawn up in Dutch. Translations are provided for information purposes only. In the event of any discrepancy between the Dutch text and a translation, the Dutch text prevails.
25.2 The Dutch text is also the authentic text for the purposes of interpreting these terms.
25.3 Headings and the table of contents serve readability only and have no independent significance for interpretation.
The provisions in this chapter apply in addition to Chapter I and prevail over it in the event of any conflict.
26.1 SEO and GEO work is by its nature an obligation to use best efforts. Search Clicks has no influence over the algorithms, ranking, indexing or citation behaviour of search engines and AI systems and does not guarantee positions, citations, traffic, conversions or turnover, save where a results guarantee as referred to in article 35 has expressly been agreed.
26.2 Results depend on factors beyond the control of Search Clicks, including competition, market developments, algorithm and model updates, the technical condition and authority of the domain, and the quality of content supplied by the Client.
26.3 The Client grants Search Clicks timely access to the CMS, hosting, analytics and webmaster tools, and implements technical changes recommended by Search Clicks in good time or has Search Clicks implement them. If this does not happen, Search Clicks is not bound by any guarantee or obligation to compensate.
26.4 Search Clicks applies only methods that comply with the guidelines of the relevant search engines applicable at the time. If the Client has also or previously used methods that conflict with those guidelines, Search Clicks is not liable for the consequences, including manual or algorithmic actions.
26.5 Upon the end of the Agreement, technical and content optimisations implemented on the website are retained in so far as they reside on the Client’s own domain. Licences, tooling, dashboards, monitoring and external listings maintained by Search Clicks in its own name or under its own licence come to an end.
26.6 Reports are prepared on the basis of third-party data, including Google Search Console, Google Analytics and DataForSEO. Search Clicks is not liable for inaccuracies, measurement differences or outages in those sources.
27.1 The advertising budget is borne entirely by the Client and is separate from the management fee. Unless agreed otherwise, the Client pays the advertising budget directly to the relevant platform and maintains a valid payment method.
27.2 The management fee remains payable even if campaigns are temporarily inactive, for example because the budget has been exhausted, an account has been suspended, advertisements have been disapproved or the Client has so decided.
27.3 Search Clicks is not liable for the advertising policies, approval, suspension or termination of accounts or advertisements by platforms, for click fraud, or for price and auction fluctuations.
27.4 The Client is responsible for the accuracy and lawfulness of offers, prices, stock information and claims in advertisements and on landing pages.
27.5 If the Client changes the budget or pauses campaigns without consultation, any entitlement to a results guarantee as referred to in article 35 lapses for the period concerned.
28.1 Search Clicks provides for the set-up and execution of outbound e-mail campaigns, including compiling or supplying prospect files, setting up sending domains and sending infrastructure, writing messages and, where agreed, automated follow-up with AI support.
28.2 Agreed prospect volumes (such as 5,000, 10,000 or 20,000 prospects per month) are maximum sending or outreach volumes and are not a guarantee of any number of responses, conversations, appointments, leads or turnover.
28.3 Search Clicks does not guarantee deliverability, inbox placement, or open, reply or conversion rates. These depend on factors beyond its control, including the policies and filters of e-mail providers, domain reputation, market conditions and the Client’s offering.
28.4 The Client warrants the lawfulness of the files it supplies and of the content, proposition and claims it approves, and indemnifies Search Clicks in accordance with article 16 against all claims by recipients, supervisory authorities and third parties arising therefrom.
28.5 The Client ensures timely and careful follow-up of responses and the immediate processing of opt-outs and objections that reach it, and reports these to Search Clicks.
28.6 Search Clicks is entitled to pause or discontinue campaigns immediately if sending reputation, infrastructure or compliance with laws or regulations is at risk, or in the event of an increased number of complaints. This does not constitute a failure on the part of Search Clicks and does not give rise to any right to a refund.
28.7 Sending domains, mailboxes, warm-up infrastructure, sequences and the sending software used which Search Clicks maintains in its own name or under its own licence remain the property of Search Clicks and are not transferred upon the end of the Agreement.
28.8 Where an AI follow-up agent has been agreed, article 32 also applies.
29.1 Search Clicks is not responsible for the policies, reach algorithms, moderation or availability of social media platforms, nor for the blocking or removal of accounts or posts.
29.2 Accounts remain the property of the Client. The Client is responsible for third-party responses on its channels.
30.1 Search Clicks delivers the website in accordance with the specifications recorded in writing. Functionality not expressly agreed falls outside the assignment.
30.2 The Client supplies content, images and access in good time. In the event of a delay exceeding thirty (30) days, Search Clicks is entitled to invoice the work performed to date and to suspend the project; resumption takes place subject to availability and at the rates then applicable.
30.3 After delivery, the Client has ten (10) working days to test the website and report defects in writing and in detail. If no report is made or the Client puts the website into use, the website is deemed to have been accepted.
30.4 After acceptance, changes are charged as additional work. Defects that materially impair operation and are reported within thirty (30) days of acceptance will be remedied by Search Clicks free of charge.
30.5 Search Clicks does not guarantee that the website will function without errors or interruption, nor that it will be displayed identically in all browsers, devices and versions. Testing takes place in the current, common versions of the common browsers.
30.6 Third-party licences (including themes, plug-ins, fonts and stock material) are purchased in the Client’s name or passed on. The Client is responsible for renewing them, unless maintenance has been agreed.
30.7 For as long as the Client has not paid in full, Search Clicks is entitled not to deliver the website, to take it offline or to suspend the right of use.
31.1 Software is delivered in object code. Source code is not provided, unless this has expressly been agreed in writing and the fee agreed for it has been paid in full.
31.2 Search Clicks grants the Client a non-exclusive, non-transferable right to use the software within its own business.
31.3 Search Clicks is entitled to reuse generic components, frameworks, libraries and building blocks used or created during development for other clients.
31.4 Search Clicks does not guarantee that the software will operate without errors or interruption, or that it is suitable for any purpose other than the agreed purpose. Maintenance, updates and support fall exclusively within a separately agreed maintenance agreement.
31.5 The Client is responsible for the use, configuration and data within the software and for complying with the licence terms of third-party components used.
32.1 Where AI systems are deployed, the output may be inaccurate, incomplete or unsuitable. The Client remains responsible at all times for checking the output before use, publication or sending, and for decisions taken on the basis of it.
32.2 Search Clicks is not liable for damage arising from the use of AI-generated output, including inaccurate information, unintended commitments in automated correspondence and infringements of third-party rights, save in the case of intent or deliberate recklessness.
32.3 Search Clicks makes use of third-party AI services. Changes in the availability, performance, prices or terms of those services may lead to adjustment of the Services or the rates in accordance with article 7.3. Usage costs (including API and token costs) are passed on, unless agreed otherwise.
32.4 Where necessary, the Parties record that and how it is made clear that communication is taking place with an automated system, in order to comply with applicable transparency obligations.
32.5 The Client will not provide special categories of personal data or confidential third-party data to AI systems without prior consultation with Search Clicks and without a valid legal basis.
33.1 Hosting and maintenance services are performed on the basis of an obligation to use best efforts. Search Clicks does not guarantee uninterrupted availability unless a service level agreement has been agreed.
33.2 Search Clicks is entitled to interrupt the services temporarily for maintenance, updates or security measures, as far as possible outside office hours.
33.3 Search Clicks makes periodic back-ups where this has been agreed. Restoration from a back-up is carried out on the basis of an obligation to use best efforts; the completeness of restored material is not guaranteed.
33.4 Search Clicks is entitled to suspend or terminate the services if the Client’s use jeopardises the security, stability or reputation of the infrastructure, or is contrary to laws or regulations.
33.5 Domain names are registered and renewed in accordance with the terms of the relevant registry. Search Clicks is not liable for the loss of a domain name due to late payment by the Client or due to decisions of the registry.
34.1 Advice, audits, analyses, forecasts and reports by Search Clicks are based on the data and insights available at the time. Search Clicks does not warrant the accuracy or completeness of data from external sources.
34.2 Acting on advice and the decisions arising from it are for the Client’s own account and risk.
34.3 Reports and analyses are intended solely for the Client and may not be provided to third parties or made public without written consent.
35.1 Principle. The Services are performed on the basis of an obligation to use best efforts. Search Clicks gives no guarantee as to positions, traffic, citations, leads, appointments, conversions or turnover, unless a results guarantee has expressly been agreed in writing in the Agreement. Oral statements and statements made in sales conversations, presentations, e-mails, advertisements or on the website do not constitute a results guarantee.
35.2 Requirements for a valid results guarantee. A results guarantee applies only if the Agreement records at least:
If any of these elements is missing, no results guarantee has been agreed.
35.3 Measurement. The result is determined solely on the basis of the measurement source named in the Agreement. Failing that, the measurement by Search Clicks on the basis of Google Search Console, Google Analytics and DataForSEO is binding, subject to evidence to the contrary. If a measurement source changes its methodology, the Parties will reasonably determine a replacement method of measurement.
35.4 Conditions for invoking the results guarantee. The results guarantee may be invoked only if all of the following conditions have been met throughout the measurement period:
35.5 Exclusions. The results guarantee does not apply where the intended result has not been achieved, in whole or in part, as a result of:
35.6 Sole remedy. If all conditions have been met and the agreed result has not been achieved, Search Clicks will continue the relevant work free of charge for a continuous period equal to the measurement period, subject to a maximum of twelve (12) months, until the agreed result has been achieved. This is the Client’s sole and exclusive remedy.
35.7 What the guarantee does not cover. The results guarantee expressly does not give rise to any right to a refund or waiver of Fees already paid or still payable, to a discount, to set-off, to rescission or to damages. Third-party costs — including advertising budgets, media costs, licences, usage costs and sending costs — are not covered by the guarantee and remain payable by the Client during the period of free continuation.
35.8 Time limit. The results guarantee must be invoked in writing, with reasons, within thirty (30) days of the end of the measurement period. After that period any right to the results guarantee lapses.
35.9 Relationship to liability. Failure to achieve a guaranteed result does not, beyond the remedy described in article 35.6, constitute an attributable failure and does not give rise to any liability on the part of Search Clicks.
36.1 These general terms and conditions bear version number 2026.1 and apply from 1 October 2026.
36.2 Each Agreement is governed by the version of the general terms and conditions applicable at the time that Agreement was formed, subject to any amendment made in accordance with article 23.
36.3 Search Clicks maintains an archive of all earlier versions of its general terms and conditions, stating the version number and the period during which that version applied. The archive can be consulted at https://searchclicks.com/terms-and-conditions/archive/
36.4 Upon first written request, Search Clicks provides free of charge the version applicable to the Client’s Agreement, in a durable form.
36.5 References in an Agreement, quotation or other communication to a web address at which the general terms and conditions are or were published — including a reference to an address that has since been changed or redirected — count as a reference to the version published at that address at the time the Agreement was formed, and not to any later version.
37.1 This version 2026.1 applies to Agreements formed on or after 1 October 2026.
37.2 Agreements formed before that date remain governed by the general terms and conditions applicable at that time, until amended in accordance with article 23. This version has no retroactive effect.
37.3 If an Agreement concluded before 1 October 2026 is renewed, replaced or superseded by a new Agreement after that date, this version applies to the renewed, extended or new Agreement, provided that it was made available to the Client before that renewal, extension or replacement.
38.1 Search Clicks B.V. is the legal successor of the Belgian company that formerly traded under the name Search Clicks, established in Herentals (Belgium), company number 0776914372, VAT number BE0776914372.
38.2 The rights and obligations under Agreements originally concluded with that legal predecessor have passed to Search Clicks B.V. The content of those Agreements has not thereby been altered.
38.3 Those Agreements remain governed by: the law and choice of forum agreed therein, and the general terms and conditions applicable at the time the Agreement concerned was formed.
38.4 References in such Agreements to the address searchclicks.be/algemene-voorwaarden count as references to the general terms and conditions as they applied at that address at the time the Agreement concerned was concluded. The Client may request that version free of charge at hello@searchclicks.com. The redirection of that web address to the current page serves solely to keep the information accessible and does not alter the terms applicable to that Agreement.
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