The Fit Plug Fitness Marketing

Terms & Conditions

Effective Date: 30/07/2025

Company: The Fit Plug (www.thefitplug.io)

Contact: info@thefitplug.io

1. General

These Terms and Conditions (“Terms”) apply to all services provided by The Fit Plug. By engaging with our services, you agree to these Terms. The Fit Plug reserves the right to update these Terms at any time, with reasonable prior notice.

2. Engagement Scope & Commitment Period

  • All service agreements are subject to a minimum commitment:

    • Standard campaigns or packaged services: minimum term of 90 days.

    • Retainer-based services: minimum term of 6 months.

  • After the initial commitment period, the agreement automatically renews on a monthly basis, unless terminated in writing with a 30-day notice period.

  • Early termination before the agreed minimum term is not permitted and does not entitle the client to refunds.

3. Fees & Payment Terms

  • Retainer Fees: All monthly retainers are invoiced 100% upfront, with payment due before the start of each service month.

  • Advance Payment Discount: Clients who choose to prepay for a period of six (6) months will receive a 7.5% discount on the total retainer amount. This discount:

    • Applies only to prepaid retainers,

    • Must be paid in full in advance,

    • Is non-refundable once the period begins,

    • Does not apply retroactively or to ad spend/commission fees.

  • No Payment, No Service: Services will not commence or continue without confirmed payment.

  • SMS & WhatsApp Messaging Costs:

    • SMS and WhatsApp campaign costs are not included in the standard service packages.

    • These costs are calculated per message, based on third-party platform rates.

    • An estimated volume is agreed upon in advance, and the client is invoiced upfront based on that estimate.

    • Any overages or unused message credits will be reconciled in the following billing cycle.

  • Fees are exclusive of VAT, unless otherwise agreed.

4. Advertising Spend & Commission Structure

  • Client-Owned Ad Accounts: All advertising campaigns (e.g., Google Ads, Meta Ads, TikTok, YouTube) are operated using the client’s own accounts and billing methods (e.g., credit card).

  • Responsibility for Spend: Clients are fully responsible for funding and managing their ad spend directly with each platform.

  • Commission Policy:

    • For ad spend up to €5,000/month, no additional commission applies (covered within the selected package).

    • For ad spend exceeding €5,000/month, the following commission fees apply:

      Monthly Ad SpendCommission Fee
      €0 – €5,000Included
      €5,001 – €10,00012.5%
      €10,001 and above10%

  • Commission is invoiced monthly based on actual ad spend, and billed separately from the retainer fee.

5. Consultations & Strategic Advice

  • An initial Burner Call (exploratory or strategy session) is offered free of charge.

  • Additional consultations are included according to the client’s service package.

  • Any consultations outside of the agreed package will be billed at a rate of €85 per hour, excluding VAT, unless otherwise agreed in writing.

6. Confidentiality & Non-Disclosure

  • The client agrees to maintain strict confidentiality regarding all proprietary strategies, creative concepts, marketing funnels, targeting methods, and frameworks shared by The Fit Plug.

  • Disclosure, replication, or reuse of this proprietary information is strictly prohibited without explicit written consent.

  • This confidentiality obligation remains in effect even after termination of the agreement.

7. Intellectual Property

  • All assets, creatives, campaigns, and strategic materials remain the property of The Fit Plug until full payment is received.

  • Upon full payment, non-exclusive rights to use applicable deliverables may be transferred to the client, unless otherwise specified in writing.

8. Cancellation & Termination

  • After the minimum commitment period, either party may terminate the agreement with 30 days’ written notice.

  • No refunds will be issued for prepaid services, regardless of usage.

  • The Fit Plug reserves the right to terminate the agreement immediately in cases of:

    • Breach of payment terms,

    • Violation of confidentiality,

    • Client engagement in unethical or illegal activity.

9. Limitation of Liability

  • The Fit Plug shall not be held liable for any indirect, incidental, or consequential damages, including but not limited to lost profits, data loss, or reduced performance.

  • No guarantees are made regarding specific marketing results or ROI due to the variable nature of digital advertising environments.

10. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with Dutch law.

 All disputes arising out of or in connection with these Terms shall be exclusively submitted to the competent courts of Amsterdam, the Netherlands, unless otherwise required by mandatory law.

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