TERMS OF SERVICE - AGENCY PART
The Terms and Conditions ('Terms') of Skyfion ('we,' 'us' or 'our') are for the use of websites ('Sites') Skyfion.com, business.skyfion.com and all its (mobile) applications. All are collectively referred to as the 'Marketing Platform or ‘Platform’ to provide the Talents & Publishers Alliance and its Digital Marketing Academy. Another product is the Digital Marketing Services within these Terms and Conditions belonging to the ‘Agency.’ The operator is Skyfion.
Please note that these Terms affect your legal rights and obligations. If you disagree to be bound by the Terms, we kindly ask you not to use our Marketing Platform, Sites, and Agency as your service provider.
 RESPONSIBLE ENTITY
Skyfion, as a Marketing Platform organization and Agency, is the responsible entity, a business from The Netherlands, located at the Brem str. 34, 6413 SB Heerlen and registered at the Dutch chamber of commerce under 73378178. To contact the entity, please use the contact form.
Skyfion: Agency and Contractor.
Client: The party who will allocate an Assignment for their marketing needs to Skyfion.
Influencer: A company, a person (also called talent or publisher), or more persons who have committed verbally or in writing to Skyfion to influence the behavior of a target audience, as further described in the agreement and briefing for the influencer marketing campaign.
Third-Party/Parties: person(s) or companies engaged by Skyfion, like Influencers, publishers, content creators, freelancers, etc.
Service(s): The (digital) service(s) provided and performed by Skyfion to the Client with our company.
Assignment: A assignment that is allocated by the Client to Skyfion verbally or in writing, in association with the digital marketing needs of the Client’s organization.
Agreement: The agreement of assignment (order confirmation), concluded between Skyfion and Client with conditions of the digital marketing services to be performed by the influencer(s), third parties, or Skyfion, if applicable.
Content: Concerns content, such as but not limited to: texts, photos, datasets, and videos, that is created to be placed on websites, social media channels, and other (online) media.
The Digital Marketing Services of the Agency are Influencer Marketing Campaigns, Digital Marketing Coaching, Media Buying, Production Studio, and Data & Insights.
 APPLICATION OF TERMS ‘AGENCY’ PART
4.1 | Skyfion must accept agreements that deviate from these Terms and Conditions in writing before they are valid.
4.2 | These Terms and Conditions apply to all offers, quotations, and agreements between Skyfion and the Client.
4.3 | All stipulations in these Terms and Conditions have also been drawn to benefit all third parties working for Skyfion, performing freelance work, or engaged by us to influence audiences.
4.4 | General terms and conditions, purchase-, and sales conditions of the Client are explicitly rejected.
 OFFER AND ACCEPTANCE
5.1 | Skyfion can offer quotations via an online video call with an online presentation (the writing part) or in writing (quotation/offer with attachments and explanation) via e-mail.
5.2 | Our offer is valid for fourteen (14) days unless otherwise agreed. Offers may change due to (unforeseen) work changes, assignments, or prices of products and services purchased from third parties within these fourteen (14) days. Skyfion will communicate these price changes to the Client as soon as possible.
5.3 | The work for the assignment will only start when the quotation/offer is confirmed in writing (electronically) and the contract is received signed by both parties (electronically if applicable).
5.4 | After approval of the proposal, quotation, quotation explanation, these Terms, together with the contract for services, are forming the complete agreement. Subsequently, The parties can only change the agreement if the parties agree to this in writing, and the fee may vary due to these changes.
5.5 | Skyfion reserves the right to refuse an Assignment if new information becomes available after acceptance, making it impossible or unacceptable to perform the Assignment.
 PAYMENTS, TAXES, AND IMPORT
6.1 | Our Agency’s Digital Marketing Services are (predominantly) bound to a subscription amount (exclusive of 21% Value Added Tax (VAT) unless otherwise agreed) per month or year, as included in the contract for services. Additional services that are not part of subscription-based packages will be billed separately on a project basis. Also, in case if added later.
6.2 | We use payment pages with direct transfer (Credit Card, PayPal, etc.) on our Sites where services packages are purchased. The Client authorizes Skyfion to arrange the withdrawal of funds on the Client’s credit card or PayPal account monthly or annual, without further reference.
6.3 | When a payment method based on direct transfer does not apply to a service, we will send an invoice with a payment term of fourteen (14) days. If we deem this necessary, we will terminate the agreement in the event of non-payment(s).
6.4 | The subscription period will continue until the moment of cancellation by the Client. Cancellation must occur at least seven (7) calendar days before the start of the new period (which can be monthly or annually) and can only be done in writing or by e-mail. From the moment the cancellation takes effect, all (online) services will also stop, regardless of scheduled tasks after the period. The Client is not entitled to a refund of the period already paid. Work on an hourly rate or fixed fee falls outside the seven calendar days cancellation period, and all parties can terminate without a cancellation notice period. The Client is not entitled to a refund of a project-based fixed fee when the cancellation is before the end of the agreed project period.
6.5 | Conditions of social media platforms can change and result in higher costs to execute the Assignment. These costs can be charged separately to the Client with an invoice with the same payment terms mentioned above.
6.6 | Skyfion may decide to request a partial (minimum 50%) or full payment in advance (budget management) before delivering project-based work as agreed.
6.7 | If the Client does not fulfill the payment obligation(s) on time, the Client will owe interest of 2% per month on the amount owed. Skyfion is also entitled to charge extrajudicial collection costs 15% of the invoice amount, with a minimum of 50 euros.
6.8 | If your Company is not residing in The Netherlands, Skyfion does not know and has no responsibility for your country’s laws.
6.9 | The Client is responsible for purchasing Digital Marketing Services which they are lawfully able to import or use and for the payment of import duties and taxes of any kind levied in the Client’s country.
 EXECUTION OF ASSIGNMENT
7.1 | Skyfion executes the work carefully and professionally. The quotation explanation states which activities will be carried out and are part of the agreement afterward.
7.2 | Skyfion tries to use the available knowledge and experience and its network and contacts to the best of its knowledge and ability to execute the Assignment and achieve optimal results on various social media platforms. However, we do not undertake any concrete result unless explicitly agreed otherwise in writing.
7.3 | The use of third parties (influencers, publishers, content creators, freelancers, etc.) to carry out the Assignment is expressly permitted. Skyfion is not liable for any damage due to the shortcomings of these third parties. Skyfion, or the third parties engaged by us, works according to the principle of a best efforts obligation and not an obligation of result unless explicitly agreed otherwise in writing. Skyfion and the third parties engaged by us will make every effort within the possibilities and limits of the skills and competencies to provide the service without guaranteeing that the result will be achieved unless explicitly agreed otherwise in writing.
7.4 | We guarantee that the influencer is available under normal circumstances to carry out the Assignment during the period agreed in the briefing. Payment to the influencer(s) or any third parties will be made by Skyfion only if agreed in advance in writing. Otherwise, we only act as an intermediary. If a barter deal with influencers(s) is agreed upon, the Client is responsible for fiscal and administrative processing, and Skyfion only acts as an intermediary between the parties.
7.5 | If third parties (influencers, publishers, content creators, freelancers, etc.) are prevented from complying with the agreed work due to circumstances beyond control, illness, or other unforeseen circumstances, we will immediately report this to the Client. A new date for fulfilling the work will be determined upon agreement between all parties, including a deviation from the agreed fee (increase or decrease). The Client is not entitled to receive compensation due to absence. If assignment execution deviates from the offer or agreement, we will inform the Client about this as soon as possible.
7.6 | Skyfion is a digital and remote working company. We execute the assignment and services online, which means that we communicate with our Clients and partners remotely via the internet only (video call, e-mail, messenger services, etc.). A physical appointment is only possible in consultation with us to make an exception, whereby the additional costs incurred are for the Client’s expense.
7.7 | Skyfion executes the assignment with its supporting software (the Marketing Platform) as a separate (login-protected) online part, especially for customers and third parties. The login details provided must be kept secure, and in the event of misuse or loss, the Client must notify Skyfion immediately. Skyfion is not liable for any damage suffered by the Client or third parties using the Skyfion Marketing Platform and our Sites.
 OBLIGATIONS AND RIGHTS OF THE CLIENT
8.1 | The Client is obliged to provide conditions that contribute to the execution of the Assignment as favorable as possible for Skyfion and take measures if necessary. The Client will do what is reasonably necessary and desirable to further the Assignment’s correct and timely execution, including accurate and timely information to Skyfion.
8.2 | Unless otherwise agreed, the Client will provide the necessary information, permission, licenses, or suitable materials to execute the Assignment. Any costs for that are at the Client’s expense. The Client will deliver this information, permission, licenses, materials, and any additional instructions on time and in a thorough manner to Skyfion. If the Client does not provide the necessary information on time, not entirely or unclearly, this may delay the execution of the Assignment. In that case, the parties will agree on a new due date. Any additional costs resulting from the delay are at the Client’s expense.
8.3 | A Strategy Session Call is a 45-minute video or phone call to discuss the Digital Marketing Strategy. Each product in our portfolio has an agreed amount of Strategy Session Calls per month, and the Client needs to respect this amount.
8.4 | In urgent cases, the Client has the right to book Strategy Session Calls beyond the agreed amount. Skyfion may charge an extra fee for additional Strategy Session Calls.
8.5 | The Client is not permitted to make direct or indirect agreements with a third party previously engaged by Skyfion for a Client’s assignment for at least twelve (12) months.
 OBLIGATIONS AND RIGHTS OF SKYFION
9.1 | Skyfion is obliged to put all efforts into the continuously available services but does not guarantee that the services will be available at all times.
9.2 | Skyfion reserves the right to change the Digital Marketing Services provided by us and our Platform. We are obliged to make every effort to notify changes that limit the core functions of the Digital Marketing Services and the Platform in advance, with due observance of a reasonable period unless this is not reasonably or technically possible.
9.3 | Skyfion has no obligation to verify supplied information, materials, or instructions for completeness or correctness. The Client has full responsibility for this.
9.4 | Skyfion provides an electronic newsletter in which Clients get information about the Marketing Platform’s developments and Digital Marketing topics. Unless the Client indicates that it does not wish to receive this, the Client will receive these electronic newsletters during the subscription term to the e-mail list at the email address provided during the onboarding procedure.
9.5 | If the Client’s obligations are not complied with, we have the right to suspend the execution of the assignment or terminate the agreement.
 SOCIAL MEDIA ORGANIC AND PAID ADS
10.1 | The media to be advertised (image material or video material, etc.) must be delivered digitally by the Client in good condition, complete, and in a correct form no later than five (5) working days before the agreed placement date if the Client provides the content himself. Suppose no placement date is decided in advance. In that case, the Client can only determine the time of publication in consultation with Skyfion (and possibly the influencer or publisher) and after our approval.
10.2 | Any fees to be paid to collective rights organizations or other third parties that can claim any compensation under intellectual and industrial property rights concerning the publication of the advertisement are entirely at the expense and risk of the Client.
10.3 | Skyfion reserves the right at all times to refuse an ad upon receipt or after publication or to remove it from its or partner media channels or social media paid ad systems if there is reasonable doubt that it contradicts the (copyright) law. That also applies to the placement of posts (product placement) by the influencer engaged by us on their social media channels.
10.4 | The Client is entitled to cancel or postpone advertisements, and the Client must notify Skyfion of this in writing (electronically) as soon as possible. If we or the influencer has done preparatory work to place the ad, Skyfion reserves the right to charge cancellation costs.
10.5 | Skyfion and influencers or publishers engaged by us are not responsible for the extent to which advertisement (organic and paid) is successful, nor for the period the intended audience is reached, or the result is achieved unless otherwise agreed in writing.
10.6 | The Client always guarantees to act under applicable national and foreign laws and regulations, FTC (Federal Trade Commission) rules, advertising code of ethics, (property) rights, or suitable conditions of third parties and will take all necessary measures to comply with this.
10.7 | During the agreement period, the Client will not change, remove or obscure the measurement systems placed to monitor the results and carefully store them. The Client also does not alter, delete or lose provided usernames and passwords. Not make them available to third parties and protect them against any form of unauthorized use. In the event of any unauthorized use or at the first request of Skyfion, the Client is obliged to take immediate measures necessary to stop the usage.
10.8 | The Client is obliged to remove the placed measurement code or tags immediately after termination of an agreement for whatever reason. That means on its websites and any websites of third parties on which these measuring systems are used. Exceptions are measuring tools that belong to the Client.
10.9 | The paid social media ads costs charged by the social media platforms (like Facebook, Instagram, or Google, etc.) in connection with the advertising campaigns supervised by us must be paid directly by the Client to the relevant advertising platform without the intervention of Skyfion. Therefore, we cannot be held responsible for the consequences of payment delays and a shortage of Client ads balances which could affect the ad performance.
 INTELLECTUAL PROPERTY
11.1 | The copyright on the visual works and other publications rests with Skyfion or the third parties (influencers, publishers, content creators, freelancers, etc.) if they have produced the content. The publication of visual works on the Internet, on which the copyright of Skyfion or third parties is based, is only allowed after permission from and a limited, non-exclusive, non-transferable right of use by Skyfion or third parties.
11.2 | It’s forbidden for the Client to resell or pass on the delivered visual work to third parties without obtaining written permission from Skyfion or third parties, for which compensation may apply.
11.3 | All content (such as but not limited to text, images, videos, etc.) used on the Skyfion Marketing Platform is the intellectual property of Skyfion (or third parties/partners). It may, therefore, not be copied or used or made public, and use thereof is only permitted as long as Skyfion grants access to the platform.
11.4 | In case of violation of the above, we can request the removal of the material or content where it was made public. Neglecting this request within four (4) business days will incur a charge or a fine for copyright infringement. That is at the discretion of Skyfion (if applicable, together with the third parties/partners involved).
 PUBLICATIONS OF CONTENT
12.1 | The Client who may use the licensed photo or video materials from Skyfion or third parties (influencers, publishers, content creators, freelancers, etc.) engaged by us will not make any copies - digital or otherwise - other than those strictly necessary for the agreed use on the internet or another medium.
12.2 | After the agreed user license expiry, the Client will delete or destroy the used (work) copy(s) of the photo or videography work.
12.3 | The Client agrees to give Skyfion free access at zero costs, if necessary, to any part of its website or social media channels/profiles on which the visual work is represented. Special facilities required for this must be made available to Skyfion.
12.4 | Skyfion is at all times entitled to ask where and for what purpose photo or videography content of Skyfion or influencers engaged by us have been used to assess the publication.
 COMPLETION AND DEADLINE
13.1 | A deadline as stated by us for the completion of the Assignment by Skyfion or third parties is only indicative unless explicitly stated in writing that it concerns a deadline.
13.2 | With a deadline exceeding, the Client does not have the right to dissolve the agreement, and Skyfion is not liable for any damage the Client suffers.
13.3 | From the moment the executed work is in the Client’s possession, or the agreed work has been fully completed, the delivered work will be at the Client’s expense and risk. The Client must insurance themselves for this if necessary, even if the work is still subject to its retention of title.
13.4 | Each agreement is directed to the suspensive condition that the Client proves to be sufficiently creditworthy for the financial performance of the agreement. Costs resulting from any suspension are entirely at the Client’s expense.
13.5 | Visual content as digital files is delivered in a manner agreed by both parties and is at the Client’s risk from the moment of sending.
13.6 | If the Client requests an earlier or accelerated delivery or execution of the Assignment, Skyfion has the right to charge costs on top of the agreed fee.
 CIRCUMSTANCES BEYOND OUR CONTROL
14.1 | The term force majeure understands the following: Computer and internet failure and other technical failures and defects within the company, Denial of Services (DoS) attacks, power failure, unexpected traffic situations, incorrect delivery of products/materials or parts by third parties, war, the threat of war, civil war, riots, acts of war, fire, water damage, flooding, natural disasters, (global) pandemics, epidemics, strike, company occupation, exclusion, import and export obstacles, government measures, everything both in our company and at third parties, from whom we provide the necessary services and must obtain products in whole or in part, as well as during storage or transport, whether or not under own management. In case of disability or illness within our company or external influencers, publishers, content creators, freelancers, or other third parties that are part of the completion of the Assignment, Skyfion will immediately notify the Client as soon as it believes it is or will be in a situation of force majeure.
14.2 | In case of non-performance or partial non-performance due to circumstances beyond our control, Skyfion has the right to invoke termination of the agreement without us being liable to pay compensation to the Client. If the force majeure has a temporary nature, Skyfion has the right to suspend the Assignment’s execution until the circumstance that causes the force majeure no longer occurs. As soon as the situation of force majeure has persisted longer than one (1) month or is permanent, Skyfion has the right to terminate the agreement in writing. Skyfion still has the right to demand payment for that part of the Assignment we have executed before the circumstance causing the force majeure has become apparent.
 COMPLAINTS AND LIABILITY
15.1| The Client must report complaints regarding the delivered work of the Assignment to Skyfion in writing as soon as possible. But in any case, within five (5) working days after the Assignment has been entirely executed. The Client agrees Skyfion will no longer process those occurred complaints after the term as mentioned above unless a different warranty term has been expressly approved in advance.
15.2 | Skyfion has the right to reattempt the Assignment’s work for rejected work within a reasonable period unless this will cause unnecessary damage to the Client.
15.3 | Defects in products/services supplied by us after receipt of the invoice relating to these products/services must be reported to us in writing by the Client within five (5) working days.
15.4 | Skyfion's liability for timely reported defects in products/services will always be limited to repair these defects or to a new attempt to deliver the products/services, insofar as this proves necessary to achieve full performance under the agreement. Whereby any further liability also for consequential damage that the Client may suffer as a result, for whatever reason, is expressly excluded.
15.5 | Skyfion is, other than in the case of intent or gross negligence, not liable for damage, total or partial loss, or destruction of the photo or video graphics files or other materials required for the execution of the Assignment or service.
15.6 | The Client indemnifies Skyfion, any engaged influencers, publishers, content creators, freelancers, and the third party or third parties involved in the execution of the Assignment against claims from third parties who claim to have suffered damage by or related to Skyfion for the benefit of the work performed for the Client. The Client also indemnifies us from the costs for Skyfion in the event of defense against such claims.
 PRIVACY AND CONFIDENTIALITY
16.1 | The parties involved know that Skyfion may process personal data to provide products/services, applicable legal and regulatory requirements, and requests from and communication to competent authorities. That does not exclude data processing in connection with the administration, financial processing, and Client-related purposes.
16.2 | If the Client and all other parties involved become aware of confidential, secret information about Skyfion due to the work and assignment, the Client and third parties involved must observe strict confidentiality. The Client and third parties involved are entirely liable for damages in the event of a breach of this.
 OTHER PROVISIONS
17.1 | Additions or changes will promptly be announced in writing (electronically) to the client. The Client and all parties involved with Skyfion can consult the most recent version at our Sites.
17.2 | If a clause in the general terms and conditions and agreement proves invalid or voidable, the other requirements and the agreement will remain in force.
17.3 | If an assignment leads to a conflict of interest of an existing Skyfion Client, we will inform all parties involved. If it appears that there is a conflict of interest, Skyfion will suspend the execution of the assignment until we create acceptable agreements for all parties.
17.4 | The Client does not have the right to transfer the rights and obligations arising from these general terms and conditions and the concluded contract for services, in whole or in part, to third parties, without obtaining prior written permission from Skyfion.
17.5 | Any legal claim against Skyfion arising from or in connection with an agreement that these general terms and conditions apply will terminate one (1) year after the legal claim has arisen.
17.6 | The legal relationship between the Client and Skyfion and these general terms and conditions is governed by Dutch law. In a dispute, we will submit this dispute to the competent court in the State Limburg of the country, The Netherlands.
Last update: June 1 - 2022
TERMS OF SERVICE - PLATFORM PART
Responsible for the content
Skyfion | Skyfion Platforms
6413 SB Heerlen (NL)
Registered at Chamber of Commerce (The Netherlands) under number 73378178.
VAT Nr: NL001793413B59
For questions about this Legal Notice, please use our contact form.
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Third-party websites & Links
Skyfion.com may use links to external websites. We are not responsible for external websites (from third-parties) and their published content. Skyfion checked the content with care at the time the initial link was placed to determine any potential legal violations and no legal violations were noticed. It’s not possible to check the external content constantly until we receive a notification of any legal violations. If we get a notification we will take the necessary action and we will delete the concerned links.
Some of the used photos on skyfion.com are taken from Unsplash or Pexels. A special thanks and credits to the following photographers.
Photo: Desk with iMac and accessoires
Photo by: T.Q. on Unsplash
Photo: AR device
Photo by Remy Gieling on Unsplash
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The following data will be collected via our website: personal data (provided by your device to communicate with the website), tracking data (generated when you use our website and personal contact information, which you communicated to us when using our services.
a) The collected personal data on skyfion.com will be used for best user experience, organisational, and technical purposes like stability and security while using our website. Therefore we collect the IP address, visiting date and time, viewed content, the web browser and its version and language, operating system and its interface. We refer to the legal basis for the collection of this personal data of the European General Data Protection Regulation ( GDPR /article 6.1(f) )
b) You have the right at any time to withdraw your permission to the processing of your personal data. If we base the processing of your personal data on article 6.1(f) of the GDPR you have the right to object, on grounds relating to your particular situation. Withdrawal and objection are allowed to be executed via our contact form.
c) We will expose your provided data to third parties only with your specific permission given for this purpose or when the exposure is necessary for the provision of the service or when we are required to do so by an administrative authority or by an order of the court.
d) The availability of this website to the visitors is supported by external IT service providers who may have access for modification and maintenance purposes to the personal data collected via this website.
e) The personal data will be erased once the data are no longer required for the purposes for which they were saved.
f) We will not delete your data if retention is required due to statutory storage obligations or in individual cases longer storage is required due to the declaration or the possible declaration of claims against Skyfion in connection with a contract or precontractual measures. In the case of legal retention requirements, the processing of the data will be restricted first and then will be deleted once the retention period has expired. The tracking data, which is generated when you use our website, will be deleted once you left skyfion.com.
For the visitor, it’s possible to use the contact form to send us a message. At this process, we collect the personal data (name, email address, subject and the message itself) used to complete the online form. When sending the message via the button, you also provide us with your IP address, date and time of your message. We do not expose this personal data to third parties or use it for any purpose other than to process the query. The legal basis for the collection and processing of this personal data you can find in the European General Data Protection Regulation ( GDPR /article 6.1(f) ). Processing the query is a legitimate interest.
Visitors could contact us via e-mail as an alternative. In this case, we collect the personal data transmitted by the e-mail and its application. The legal basis for the collection and processing of this personal data you can find in the European General Data Protection Regulation ( GDPR /article 6.1(f) ) as well. Processing the query is a legitimate interest. The same applies to queries we receive via other ways (telephone or by post).
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User rights and connection
You have the following rights concerning the use of skyfion.com.
- The right of access to information regarding the processing of your personal data (Article 15 GDPR)
- The right to rectification (Article 16 GDPR)
- The right to erasure (Article 17 GDPR)
- The right to data portability (Article 20 GDPR).
- The right to a restriction of processing (Article 18 GDPR)
Last update: June 1 - 2022