1. Who these terms apply to
These terms apply to every quote, agreement and piece of work between Damen Commerce, trading as basecamp-design, an eenmanszaak registered with the KvK under 73462195 and established in Rotterdam, VAT number NL002345509B20 (“we”, “us”, “the studio”), and the client commissioning the work (“you”). They apply unless we have agreed something different with you in writing.
In these terms, “ESP” means the email platform your list lives in, such as Klaviyo, and “the services” means the work described in section 2.
2. The services
We plan, build and run email marketing: lifecycle strategy, automated flows, campaigns written and designed, list and segment management, deliverability and sending-domain setup, and monthly reporting. What exactly is in scope for you is set out in the quote we send before any work starts.
We work in your own ESP account. You keep that account, its contents and its subscriber list throughout, and you keep them if we stop working together.
3. Fees, quotes and invoices
Our work is priced as a one-time setup fee from EUR 750 and a monthly fee from EUR 500. Both amounts are quoted for your situation and fixed in writing before you sign. Quoted amounts exclude VAT, which is added where applicable.
The setup fee is invoiced when the work is commissioned. The monthly fee is invoiced monthly in advance. Invoices are payable within 14 days. If an invoice is not paid on time, the statutory commercial interest and reasonable collection costs may be charged, and we may pause the work until it is settled.
Costs you owe to third parties, your ESP subscription in particular, are contracted and paid by you directly.
4. The 90-day guarantee
We say publicly that email covers our fee within 90 days or you do not pay it. This section is what that means.
The window. The 90 days run from the day the core flows we build go live in your account.
The measure. Revenue attributed to email in your own ESP, read from your account, using the attribution settings recorded in writing at kickoff. We use your figures, not ours.
The promise. If attributed email revenue over those 90 days is less than the total fees you have been invoiced for that period, setup fee included, we refund those fees in full.
What we need from you for it to hold. The guarantee applies if, during the window, you:
- give and keep our access to the ESP account and the sending domain;
- approve campaigns and flow content within five working days of us sending them;
- do not pause, cancel or materially reduce agreed sending;
- send to a list you collected lawfully and with consent, never a purchased or scraped one;
- keep your shop or product available, and tell us in advance about outages, stock-outs or other events that stop people buying.
Claiming it. Tell us within 30 days of the window closing, and give us read access to the report in your account. Where a claim is valid we refund within 14 days, to the account the invoices were paid from.
The guarantee is a refund of fees. It is not a promise of any particular revenue figure, and it is the only remedy for revenue falling short.
5. What we need from you
To do the work we need timely access to your ESP account and sending domain, the brand assets and product information the emails need, and a single person who can approve content. You are responsible for the accuracy of what you give us, for the claims made about your own products, and for having lawful consent for everyone on your list.
Delays in access or approvals move delivery dates by at least the length of the delay.
6. Term, cancellation and pausing
The monthly engagement runs month to month. You can cancel at any time by email, taking effect at the end of the current billing month. We do not refund part of a month already invoiced, and the setup fee is not refundable except under section 4.
We may end an engagement with 30 days’ notice, or immediately if you ask us to do something unlawful, to send to a list without consent, or to state results we cannot support. On termination we hand over everything built in your account, which is where it already lives.
7. Intellectual property
Once you have paid in full, the flows, templates, segments and copy we build for you are yours to use, change and keep.
We keep the rights to our own methods, checklists, tooling and internal templates, and to the general know-how gained. Nothing stops us working for other clients, including in your industry.
We name a client or show their work publicly only with written permission. Results we publish without permission are labelled as samples and carry no client name.
8. Confidentiality
Each of us keeps the other’s non-public information confidential, uses it only for the work, and protects it as carefully as its own. This continues after the engagement ends. It does not cover information that is already public or that the law requires us to disclose.
9. Personal data
For the subscriber data in your ESP account, you are the controller and we are the processor: we process it on your instructions, only to do the work, and we do not use it for anything of our own.
The ESP itself, and any other tool named at kickoff, act as sub-processors. On request we sign a processing agreement (verwerkersovereenkomst) setting this out in the form the AVG requires. You warrant that everyone on your list gave valid consent and that you can show it. If either of us learns of a data breach affecting the other, we tell them without delay and help with whatever the law requires.
How we handle data on this website is described in our privacy policy.
10. Liability
We do the work with the care of a competent professional. What we cannot promise is a mailbox provider’s behaviour: inbox placement, open rates and deliverability depend on decisions made by Google, Microsoft, Apple and others, and no agency controls them.
Our liability for any damage arising from the work is limited to the fees you paid us in the three months before the event that caused it. We are not liable for indirect or consequential loss, lost profit, lost revenue, or loss of data beyond our control. These limits do not apply to damage caused intentionally or by gross negligence on our part.
Neither of us is liable for a failure caused by something outside our reasonable control, including platform outages, changes in a third party’s service, or events that make the work temporarily impossible.
11. Changes to these terms
We may update these terms. The date at the top says when. For ongoing clients, changes take effect 30 days after we send them by email, and you may cancel before then if you do not accept them.
12. Law and disputes
Dutch law applies. If we cannot resolve a dispute between ourselves, it goes before the competent court in the district of Rotterdam.
Last updated: 22 October 2026.