1. About these Terms
These General Terms & Conditions apply to all quotations, assignments and agreements entered into by Cherry Media Services B.V., established in Curaçao, hereinafter referred to as “Cherry Media”, for the provision of marketing-related services to business clients, hereinafter referred to as the “Client”.
The quotation or written agreement describes the specific scope, deliverables, price, planning and other conditions of an assignment. If a provision in a quotation or separate written agreement differs from these Terms, the specific written agreement takes precedence.
Any general terms or purchasing conditions of the Client apply only when expressly accepted by Cherry Media in writing.
2. Quotations and Agreements
Quotations are valid for the period stated in the quotation, usually 30 days.Each quotation is based on the information, requirements and scope known at the time it is prepared. If these change after acceptance, Cherry Media may adjust the planning and/or price accordingly.
An agreement is concluded when the Client accepts the quotation or proposal in writing or electronically.
Turnover tax (OB)
Prices are stated exclusive of 6% turnover tax (OB) unless expressly stated otherwise.
3. Scope of Work
The services and deliverables included in an assignment are described in the quotation.
Unless otherwise agreed, website and design projects include a maximum of two correction rounds. A correction round consists of reasonable adjustments to work already presented and does not include a change of concept, direction or scope.
Additional Work
Requests that fall outside the agreed scope are considered additional work. Cherry Media will discuss such work with the Client before carrying it out and may provide an additional quotation or price estimate.
Additional work will only be carried out after approval by the Client. Depending on the nature and extent of the additional work, Cherry Media may require an additional advance payment.
4. Client Responsibilities
The Client is responsible for providing all information, materials, access and feedback reasonably required to perform the assignment correctly and on time. This may include, among other things, copy, high-resolution photographs, vector logo files, brand materials, login or account access, technical information, approvals and feedback.
Materials must be suitable for their intended professional use. Low-resolution images, unsuitable files or non-vector logos may not be usable for web, print or design purposes. If Cherry Media is asked to recreate, vectorise, restore or otherwise prepare unsuitable materials, this may be charged as additional work after consultation with the Client.
The Client is responsible for the accuracy and completeness of all information supplied.
5. Planning and Delays
Any planning or delivery date is based on the Client providing the required information, materials, approvals and feedback on time.
If the Client causes a delay, the original planning is no longer binding. Cherry Media is not required to keep the originally reserved time available indefinitely.
The assignment will be rescheduled according to Cherry Media's next reasonable availability and a revised planning may be agreed.
Cherry Media is not liable for delays resulting from late, incomplete, incorrect or unsuitable information or materials supplied by the Client.
6. Advance Payments and Payment
Unless otherwise agreed, website and design projects require a 50% advance payment before work begins.
Advance payments are non-refundable once the assignment has commenced.
The remaining balance is payable after final approval and before complete delivery or transfer. In the case of a website, Cherry Media may therefore withhold final transfer, administrative access, login credentials or other agreed handover items until the outstanding balance has been paid in full.
Standard payment term
Invoices have a standard payment term of 14 days unless otherwise stated.
Cherry Media may suspend work or withhold delivery if an invoice remains unpaid after its due date. Any resulting delay in planning is the responsibility of the Client.
External expenses incurred on behalf of the Client may be invoiced separately or added to the Client's invoice.
7. Cancellation of Projects
By Client
The Client may discontinue an assignment at any time.
If the Client cancels a project after work has commenced, any advance payment already made is non-refundable.
If the value of the work already performed exceeds the advance payment, the additional work performed up to the date of cancellation will be invoiced. Any external costs or commitments already incurred on behalf of the Client are also payable.
Where the parties have expressly agreed to a fixed project period or minimum commitment and Cherry Media has reserved capacity on that basis, additional financial commitments arising from early termination may apply as specified in the quotation or agreement. Where appropriate, demonstrable work, commitments and reserved capacity may be taken into account.
By Cherry Media
If Cherry Media terminates an assignment for reasons attributable solely to Cherry Media, amounts paid in advance for work that has not been performed will be refunded.
If Cherry Media terminates or suspends an assignment because the Client fails to meet its obligations, work already performed and costs already incurred remain payable.
8. Ongoing Services
Ongoing marketing, social media or other recurring services may be discontinued by either party without a standard notice period unless a specific minimum term has been agreed in writing.
Because ongoing services are often prepared in advance, termination does not automatically cancel work that has already been completed, scheduled or prepared for the current or following period.
The Client remains responsible for payment of work already performed, agreed periods for which work has already been substantially prepared, and external costs or commitments already incurred.
The specific circumstances of the assignment and the extent to which work has already been carried out will determine the final amount due.
9. Websites and Digital Services
The exact scope of a website project is stated in the quotation and may include design, development, domain registration, hosting, content proofreading, basic search engine optimization and/or related services.
Websites may be developed using third-party platforms and software. The platform used will depend on the agreed project.
Ownership, administrative access and ongoing management arrangements are determined by the quotation or agreement. A Client may choose to manage a completed website independently or enter into a separate maintenance or Service Level Agreement with Cherry Media.
Domains, hosting, software subscriptions, plugins, licences and other third-party services are payable by the Client. Where Cherry Media purchases or manages these services on behalf of the Client, the associated costs may be invoiced by Cherry Media.
Cherry Media is not responsible for interruptions, outages, security incidents, changes in functionality, price increases, discontinued services or other actions or failures of third-party providers outside Cherry Media's reasonable control.
10. Website Approval and Completion
Website projects generally include a maximum of two correction rounds unless otherwise agreed.
Following the final correction round, the Client will be asked to review and approve the website.
If the Client does not provide approval, corrections or a substantive response within 30 days after the final version has been presented, Cherry Media may, after reasonable notice, consider the project completed and invoice any remaining balance.
Errors attributable to Cherry Media that are discovered after completion will be addressed within reason and in consultation with the Client.
New requests, modifications, additional functionality or changes made after approval are not considered corrections and may be charged separately.
11. Intellectual Property and Final Files
Unless otherwise agreed, Cherry Media retains intellectual property rights in its concepts, working files, source files, drafts, methods and other underlying materials.
After full payment, the Client receives the agreed right to use the final deliverables for their intended purpose.
For logos and brand identities specifically created for the Client, the Client may use and modify the final work freely after full payment, subject to any third-party rights that may apply.
Final design deliverables may include formats such as JPG, PNG and PDF. Editable Canva files, Adobe files, source files and other working files are not automatically included unless expressly agreed.
Cherry Media cannot transfer intellectual property rights that it does not own. If third-party materials, fonts, images, software or other licensed assets are used, the applicable third-party licence conditions remain in force.
12. Materials Supplied by the Client
The Client warrants that all photographs, logos, copy, videos, designs, data and other materials supplied to Cherry Media may lawfully be used for the assignment without restrictions that have not been disclosed to Cherry Media.
The Client is responsible for obtaining any necessary permissions, licences or rights.
Cherry Media may rely on the Client's confirmation that supplied materials may be used and is not responsible for claims arising from materials supplied by the Client in violation of third-party rights.
13. Portfolio and Reference Use
Cherry Media may display completed work and identify the Client as a client for portfolio, website, social media and promotional purposes.
If an assignment, project or particular information must remain confidential, the Client must notify Cherry Media in advance or as soon as the confidential nature becomes apparent.
Cherry Media will respect reasonable confidentiality requirements agreed with the Client.
14. Social Media and Marketing Services
Social media accounts, advertising accounts, pixels, data and comparable digital assets remain the property of the Client where technically possible.
Login credentials
Cherry Media will only access Client accounts using its own authorized user access rather than requesting or sharing the Client's personal login credentials.
Publishing content
Where the parties have agreed that Cherry Media may publish content without individual prior approval, Cherry Media may do so within the agreed strategy, brand guidelines and scope.
Advertising budgets
Advertising budgets may be paid directly by the Client to the relevant advertising platform or, where agreed, advanced or managed by Cherry Media and subsequently invoiced to the Client.
15. Marketing Results
Cherry Media performs its services on a best-efforts basis.
Marketing, advertising, social media, websites and search engine optimization are influenced by many factors outside Cherry Media's control. Cherry Media therefore does not guarantee specific numbers of leads, sales, bookings, followers, views, rankings, reach, engagement, revenue or other commercial results.
Changes to algorithms, advertising systems, search engines, platform policies or market conditions may affect performance.
A disappointing commercial result does not by itself constitute a failure by Cherry Media to perform the agreed services.
16. Third-Party Platforms and Services
Cherry Media may work with third-party services including website platforms, hosting companies, domain registrars, social media platforms, advertising platforms, software providers and other digital services.
Cherry Media is not responsible for the acts, omissions or availability of such third parties.
This includes, without limitation, platform outages, account restrictions, content removals, advertising rejections, algorithm changes, technical failures, policy changes, lost functionality, price changes and discontinuation of services.
Cherry Media is not liable for lost revenue or other consequential losses resulting from circumstances attributable to such third parties, except where the loss is directly caused by an attributable failure by Cherry Media itself.
17. Digital and AI-Assisted Tools
Cherry Media may use professional digital and AI-assisted tools as part of its workflow, including for brainstorming, research, analysis, translation, copy support and image generation.
The use of such tools does not change Cherry Media's responsibility for the professional services it has agreed to provide.
Cherry Media does not intentionally submit confidential Client information to publicly accessible AI systems without permission.
18. Confidentiality
Both Cherry Media and the Client will treat confidential business information received in connection with an assignment with reasonable care and will not disclose it unnecessarily to third parties.
This obligation does not apply to information that is already public, must be disclosed by law, or must reasonably be shared with a service provider for the proper execution of the assignment.
19. Liability & Force Majeure
Cherry Media will perform its services with reasonable professional care.
Cherry Media is not liable for indirect or consequential loss, including loss of revenue, loss of profit, loss of business, missed opportunities, loss of data or reputational damage, except where such limitation is not permitted by applicable law.
Cherry Media is not liable for damage caused by incorrect, incomplete or late information supplied by the Client, actions taken by the Client or third parties, or circumstances outside Cherry Media's reasonable control.
Where Cherry Media is liable for direct damage, its liability will, to the extent permitted by law, be limited to the amount invoiced and paid for the part of the assignment directly giving rise to the damage.
Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.
Force Majeure
Neither party is liable for a failure or delay caused by circumstances reasonably beyond its control.
Such circumstances may include serious illness, natural disasters, power or internet outages, government measures, widespread technical failures and significant disruption of essential third-party services.
The affected party will inform the other party as soon as reasonably possible and the parties will determine an appropriate way to continue, postpone or, where necessary, end the assignment.
20. Changes to these Terms
Cherry Media may update these Terms from time to time.
The version applicable to an assignment is the version provided or made available when the agreement is entered into, unless the parties agree otherwise.
21. Governing Law and Disputes
Agreements with Cherry Media are governed by the laws of Curaçao.
The parties will first make reasonable efforts to resolve any disagreement directly.
If a dispute cannot be resolved amicably, it will be submitted to the competent court in Curaçao, unless mandatory law provides otherwise.
Cherry Media Services B.V. - Curaçao
Version: September 2026