Terms & Conditions

These are the general terms and conditions of Milkman Digital, Jupiterkade 7, 2516 BS Den Haag, registered with the Dutch Chamber of Commerce under number 73573566. They apply to every offer, order confirmation and agreement between Milkman Digital and its clients.

The terms consist of the general terms and conditions, followed by four appendices. Appendix 01 gives indicative rates for additional work. Appendix 02 applies to audiovisual productions. Appendix 03 applies to Marketing as a Service. Appendix 04 applies where Milkman Digital processes personal data on behalf of a client. Where they conflict, the agreement prevails over an appendix, and an appendix over the general terms.

Version October 2026

General Terms and Conditions

Article 1 – Definitions

In these general terms and conditions:

Milkman Digital: Milkman Digital, a sole proprietorship with its office at Jupiterkade 7, 2516 BS Den Haag, the Netherlands, registered with the Dutch Chamber of Commerce under number 73573566.
Client: any natural or legal person acting in the course of a profession or business who instructs Milkman Digital to carry out work.
Agreement: any agreement for services between Milkman Digital and the Client, however formed, including its appendices.
Product: media productions and other marketing services in the broadest sense, and their results, as described in the written record of the Agreement.
In writing: includes by e-mail.

Article 2 – Applicability

These general terms and conditions apply to all legal relationships between Milkman Digital and the Client, including all offers, quotations, proposals, order confirmations and Agreements, and their performance.
Deviations are valid only if and to the extent expressly agreed in writing.
Any general or purchasing conditions of the Client are expressly rejected.
In the event of a conflict, the Agreement prevails over an appendix and an appendix over these general terms and conditions. The version in force when the Agreement was concluded applies. Only the English text is binding.
If a provision is or becomes void, the others remain in full force and the parties agree on a replacement that reflects its purpose and intent as closely as possible.

Article 3 – Offers and Formation of the Agreement

Offers are without obligation and valid for thirty (30) days. Prices are in euros and exclude VAT.
The Agreement is formed when the Client accepts Milkman Digital's offer or, if earlier, when Milkman Digital begins the work with the Client's consent.
Written records of the Agreement are based on the information provided by the Client and are deemed to reflect it accurately and completely.
Ideas, concepts and proposals presented by Milkman Digital remain its property and may not be used or shared without an Agreement that covers them.

Article 4 – Performance of the Agreement

Milkman Digital performs the Agreement to the best of its insight and ability, in accordance with good workmanship and the state of knowledge and technology at that time.
Milkman Digital cannot guarantee that an intended result will be achieved. Its obligations are explicitly obligations of effort (best efforts), not of result.
Milkman Digital may have work carried out wholly or partly by third parties.
The Client provides, in time and in full, all data and information that Milkman Digital indicates are necessary for the performance of the Agreement, or that the Client should reasonably understand to be necessary.

Article 5 – Duration and Termination

An Agreement for a project ends on its completion. An Agreement for continuing services runs for the agreed term or, where none is agreed, for an indefinite period, and may then be terminated by either party in writing with one month's notice, as of the end of a calendar month.
If the Client terminates an Agreement for a project, or an Agreement for a fixed term before its end, it owes the fee for the work performed, the costs Milkman Digital has committed to third parties, and thirty percent (30%) of the fee for the part not yet performed.

Article 6 – Delivery Periods and Planning

Periods and schedules given by Milkman Digital are indicative and never strict deadlines (fatale termijnen).
If the Client owes an advance payment or must provide data, materials or information, the delivery period starts only once payment has been received and everything required has been supplied in full.
If an agreed period threatens to be exceeded, Milkman Digital informs the Client as soon as possible.
Exceeding a period does not entitle the Client to compensation. The Client may dissolve the Agreement for it only after giving Milkman Digital, in writing, a period of at least fourteen (14) days that has passed without performance.

Article 7 – Additional Work and Amendment of the Agreement

Work outside the agreed scope is additional work, including work needed because the anticipated volume proves insufficient, the Client's wishes, instructions or circumstances change, or careful performance of the Agreement reasonably requires it.
Milkman Digital may invoice additional work separately, at the rates of the Agreement or, failing those, at its usual rates.
Additional work and amendments to the Agreement may affect planning, delivery periods and costs. Where possible, Milkman Digital informs the Client in advance of their nature and consequences, including how far a fixed fee is exceeded.

Article 8 – Revisions, Approval and Complaints

Revisions and corrections take place solely within the agreed assignment and the nature of the Product. Feedback, corrections or requests that change or extend the agreed scope are additional work.
The Client gives feedback and corrections in time and as completely as possible.
Once the Product or its final version is approved, it is completed and final, and later changes are additional work. If the Client does not respond in writing within fourteen (14) days of delivery, the Product is deemed approved and Milkman Digital may continue or complete the work, or start its next phase.
Obvious errors demonstrably attributable to Milkman Digital are corrected free of charge.
Defects that could not reasonably be discovered on delivery must be reported in writing within thirty (30) days of their discovery. After that the Client can no longer rely on them.

Article 9 – Publication, Campaigns and External Channels

Where the Product is or forms part of a campaign, website or other publication via external channels, Milkman Digital informs the Client of the intended publication or go-live moments as soon as these are known.
Publication and go-live moments, channels and visibility are subject to change and may depend on external platforms or systems. Milkman Digital cannot guarantee that the Product remains published, unchanged or continuously live.
If publication, go-live or rollout does not take place or is changed because of technical malfunctions, policy changes or acts of third parties or platforms, Milkman Digital will use reasonable efforts to publish the Product again or at another time, without being liable for any resulting damage.
Milkman Digital determines the substantive and technical execution of the Product within the agreed scope, and handles attention to the Client's products or services professionally, in line with applicable laws, regulations and the guidelines of the channels used.

Article 10 – Third Parties and External Services

Milkman Digital may use services and products of third parties in performing the Agreement. Their terms and licences apply to that use.
Milkman Digital answers for the crew and freelancers it engages as for its own work, within the limits of Article 15. It is not liable for shortcomings, malfunctions, changes or decisions of platforms, software, hosting, media and other external suppliers beyond its control, or for changes in third-party rights and licences.
Milkman Digital is not liable for loss of or damage to materials supplied by the Client or third parties, unless caused by its intent or wilful recklessness.

Article 11 – Intellectual Property and Retention of Title

All copyrights and other intellectual or industrial property rights in the Product and in all preparatory materials, formats, titles, designs, documentation, images, scripts and other works arising from the Agreement belong exclusively to Milkman Digital, unless agreed otherwise in writing.
On payment of everything it owes under the Agreement, the Client obtains a non-exclusive, non-transferable licence, without the right to sublicense, to use the Product for the purpose, media, territory and term set out in the Agreement and, where it is silent, for the purpose evident from it in the Client's own channels. While payment is overdue, Milkman Digital may suspend the licence.
Without Milkman Digital's prior written consent, the Client may not reproduce, publish or use the Product or parts of it other than as agreed.
With due regard for the Client's interests, Milkman Digital may use the Product for its own publication, promotion and portfolio purposes.
Physical items delivered by Milkman Digital remain its property until the Client has paid everything it owes under the Agreement, and may not be pledged or otherwise encumbered until then.

Article 12 – Confidentiality and Personal Data

Each party keeps confidential all information of the other party that it knows or should understand to be confidential, including offers, prices, concepts and working methods, and uses it only for the Agreement.
This obligation does not apply to information that was already public, was lawfully obtained from third parties or must be disclosed under a legal obligation.
Where Milkman Digital processes personal data for the Client, it does so as processor on the Client's instructions and under Appendix 04. The Client warrants that these data may lawfully be processed.

Article 13 – Fees and Payment

Invoices must be paid within fourteen (14) days of the invoice date, without deduction, discount or set-off, unless agreed otherwise in writing. Objections to an invoice are made in writing within that period.
Milkman Digital may invoice in instalments and may require an advance payment before starting work.
If the Client does not pay on time, it is automatically in default and owes statutory commercial interest and extrajudicial collection costs of fifteen percent (15%) of the amount due, with a minimum of EUR 250.
Unless agreed otherwise, prices exclude travel, accommodation and parking costs, which are charged afterwards at actual cost.
Once a year Milkman Digital may adjust the rates of an Agreement that runs for more than twelve months in line with the Dutch consumer price index (CBS CPI).
The Client may not suspend its payment obligations on account of any counterclaim or complaint.
On the Client's liquidation, bankruptcy, seizure, suspension of payment or placement under guardianship, all of Milkman Digital's claims become immediately due and payable.

Article 14 – Suspension and Dissolution

Milkman Digital may suspend performance of the Agreement, or dissolve it in whole or in part, without being liable for compensation, if:
a. the Client does not fulfil its obligations, or not fully or not in time, including the payment of invoices;
b. after the Agreement is concluded, Milkman Digital learns of circumstances that give good reason to fear that the Client will not fulfil its obligations;
c. security requested from the Client for the fulfilment of its obligations is not provided or proves insufficient;
d. the Client is liquidated, bankrupt or granted a suspension of payment.
Milkman Digital's claims remain fully in force on suspension or dissolution.

Article 15 – Liability

Milkman Digital exercises the greatest possible care in performing the Agreement. It is liable only for direct damage resulting from an attributable shortcoming, and only after the Client has given it written notice of default with a period of at least fourteen (14) days to remedy the shortcoming.
Milkman Digital's liability is in all cases limited to the amount invoiced for the Agreement or, where the Agreement runs for more than six months, to the amount invoiced over the six months before the damage arose.
Milkman Digital is never liable for indirect damage, including consequential damage, loss of profit, loss of goodwill, missed savings, business interruption and claims by the Client's customers or other third parties.
These limitations do not apply if the damage results from intent or wilful recklessness on the part of Milkman Digital.
They also apply for the benefit of third parties engaged by Milkman Digital.

Article 16 – Indemnification

The Client indemnifies Milkman Digital against third-party claims:
a. relating to intellectual property or other rights in materials or data it supplied;
b. for damage in connection with the performance of the Agreement that is attributable to the Client;
c. for damage caused by incorrect or incomplete information it provided;
d. relating to content, statements and instructions it supplied or approved.

Article 17 – Force Majeure

Force majeure means any circumstance beyond Milkman Digital's control that prevents or delays performance, including illness of key people, weather, government measures and failure of suppliers, equipment, networks or platforms.
For as long as force majeure continues, Milkman Digital may suspend its obligations without being liable for any compensation. If it lasts longer than sixty (60) days, either party may dissolve the Agreement in writing; the Client then pays for the work performed.

Article 18 – Non-Solicitation

During the Agreement and for twelve (12) months after it ends, the Client does not engage the employees or freelancers Milkman Digital used for the Agreement, directly or through others, without Milkman Digital's written consent.

Article 19 – Limitation Period

All claims and other rights of the Client against Milkman Digital lapse no later than one (1) year after the Client became aware, or could reasonably have become aware, of their existence.

Article 20 – Governing Law and Disputes

Dutch law applies to all Agreements and legal relationships between Milkman Digital and the Client.
Unless mandatory law provides otherwise, disputes are submitted exclusively to the competent court in the district where Milkman Digital is established.

Version October 2026, also published at www.milkman.digital/legal/terms.

Appendix 01: Indicative Rates for Additional Work

This appendix sets out indicative rates for additional work outside the agreed scope of the Agreement between Milkman Digital and the Client.

No rights can be derived from these rates.

Additional work is carried out only after consultation with the Client and in accordance with the General Terms and Conditions.

All amounts exclude VAT.

Article 1 – Indicative Rates for Additional Work

The rates below serve as a guideline for work that is treated as additional work:

Web development: €75 per hour
Video production: €62.50 per hour
Publishing an extra post: €15 per channel
Creating an extra post (visual and text): €245 per concept
Creating an extra static ad (visual and text): €245 per concept
Creating a web page: €37.50 per page
Long-form SEO article: €150 per 900 words

Article 2 – Travel and Other Costs

Unless expressly agreed otherwise, travel and additional costs are not included in the agreed prices and are charged afterwards at actual cost, where applicable:

Travel: €0.29 per kilometre (indicative)
Parking: at cost
Other travel and accommodation costs: at actual cost (where applicable)

Article 3 – Application

The rates are indicative and may vary with the nature, scope, planning and complexity of the work.
Specific prices are always confirmed in writing, for example in a proposal or order confirmation.

Version October 2026, also published at www.milkman.digital/legal/terms.

Appendix 02: Audiovisual Productions

This appendix forms an integral part of Milkman Digital's General Terms and Conditions and applies to all audiovisual productions, including but not limited to commercials, branded content, social content, corporate films, documentaries, photography, animations, livestreams and other audiovisual productions.

In the event of a conflict, this appendix prevails over the General Terms and Conditions.

Article 1 – Preparation, Planning and Execution

Milkman Digital carries out audiovisual productions on the basis of the agreed briefing and the information provided by the Client.
Changes to the briefing, concept, script, storyboard, planning, locations, talent or other production elements made after approval may affect planning, budget and delivery date, and are treated as additional work in accordance with the General Terms and Conditions.
Delays or changes resulting from weather conditions, availability of locations, talent, permits, government measures, technical malfunctions or other circumstances beyond Milkman Digital's control do not entitle the Client to compensation or free additional work.

Article 2 – Cancellation and Postponement of Shoot Days

If the Client cancels a shoot day, it owes the following part of the agreed price of that day:
a. more than fourteen (14) days before the shoot day: the work already performed;
b. fourteen (14) to four (4) days before the shoot day: fifty percent (50%);
c. three (3) days or less before the shoot day: one hundred percent (100%).
A shoot day that the Client postpones to a date within sixty (60) days is charged at half of these percentages.
In all cases the Client also bears the third-party costs that Milkman Digital has committed to and cannot cancel.
A shoot day that cannot take place because of a circumstance referred to in Article 1.3 is rescheduled in consultation. The costs of that day that cannot be recovered are for the Client's account.

Article 3 – Revisions and Approval

Revisions take place solely within the agreed scope of the Agreement.
Approval of a production phase, including but not limited to concepts, treatments, scripts, storyboards, casting, locations, offline edits, online edits, colour grading, sound design or other interim deliverables, constitutes final approval of that phase.
Changes or additions made after a production phase has been approved are treated as additional work.
Subjective differences in taste or preference do not, in themselves, constitute grounds for rejecting the Product, provided the Product meets the agreed briefing and objectives of the Agreement.

Article 4 – Delivery

Milkman Digital delivers Products in the agreed file formats, resolutions and quantities.
Additional exports, alternative aspect ratios, subtitled versions, language variants or other deliverables not expressly included in the Agreement may be carried out separately as additional work.

Article 5 – Source Files and Archiving

Unless agreed otherwise in writing, source files do not form part of the delivery. This includes, among other things, RAW files, project files, templates, LUTs, AI prompts and other production files.
Milkman Digital retains project files for a maximum of ninety (90) days after final delivery. After that period, they may be deleted without further notice.
The Client remains responsible for storing the finally delivered files.

Article 6 – Use of Third Parties

Milkman Digital is entitled to use services, software, equipment, music, stock material, fonts, AI applications and other third-party products in performing the Agreement.
The terms and licences of the relevant supplier apply to the use of these products and services.
Milkman Digital is not liable for malfunctions, changes, discontinuation of services, amended licence terms or other circumstances arising from the acts or omissions of these third parties.

Article 7 – Creative Execution

The creative execution of an audiovisual production, including editing, camera work, use of colour, lighting, composition, pacing, sound design, typography, animation, music choice and other artistic choices, is carried out within the agreed briefing and falls within Milkman Digital's professional judgement.
Creative choices that fall within the agreed briefing cannot be treated as a shortcoming solely on the basis of personal taste or preference.

Article 8 – Materials Supplied by the Client

The Client warrants that all materials it supplies may lawfully be used and do not infringe any third-party rights.
The Client indemnifies Milkman Digital against third-party claims relating to copyright, portrait rights, trademark rights, music rights and other intellectual property rights in materials supplied by the Client.

Article 9 – Portfolio

Unless agreed otherwise in writing, Milkman Digital is entitled to use the finally delivered Product for portfolio, promotion, presentation, pitch, award and marketing purposes.
In doing so, Milkman Digital will not disclose the Client's confidential business information unless prior written consent has been given.

Version October 2026, also published at www.milkman.digital/legal/terms.

Appendix 03: Marketing as a Service (MaaS)

This appendix forms an integral part of Milkman Digital's General Terms and Conditions and applies to all services relating to Always-On Marketing, including content creation, social media management, content calendars, advertising campaigns, community management, reporting, strategy, consultancy and other marketing services.

In the event of a conflict, this appendix prevails over the General Terms and Conditions.

Article 1 – Term and Termination

An Agreement for these services is entered into for a minimum term of three (3) months, unless agreed otherwise in writing.
After the minimum term the Agreement continues for an indefinite period. Either party may terminate it in writing with one (1) month's notice, as of the end of a calendar month and for the first time as of the end of the minimum term.
The monthly fee is owed for every month the Agreement runs, including the notice period, whether or not the Client makes use of the services.

Article 2 – Strategy, Planning and Execution

Milkman Digital provides its services on the basis of the agreed strategy, briefing and planning.
Content calendars, schedules, publication moments and campaigns are indicative and may be adjusted during the collaboration where, in Milkman Digital's judgement, this contributes to the performance of the Agreement.
Changes to the briefing, strategy, planning or scope may be treated as additional work in accordance with the General Terms and Conditions.

Article 3 – Content and Approval

The Client is responsible for the timely provision of all required information, materials and feedback.
If the Client does not provide feedback in time, Milkman Digital is entitled to adjust the schedule or to publish content as planned, provided prior approval for that content was given.
Approval of content constitutes final approval of that publication. Later changes may be carried out as additional work.

Article 4 – Results and Performance

Milkman Digital performs its work to the best of its insight and ability and has only a best-efforts obligation.
Milkman Digital gives no guarantees regarding reach, impressions, engagement, conversions, leads, revenue, search engine rankings or other marketing results.
Results may be influenced by factors beyond Milkman Digital's control, including algorithms, competition, advertising budgets, market conditions and changes made by external platforms.

Article 5 – Advertising Platforms and External Services

Milkman Digital may use advertising platforms, AI applications, analytics tools, social media platforms and other third-party services.
Milkman Digital is not liable for malfunctions, account restrictions, policy changes, algorithm changes, ad rejections, price changes or other decisions made by these third parties.
Advertising budgets, media spend and third-party costs form part of the Agreement only if this has been expressly agreed in writing.

Article 6 – Creative Execution

The creative execution of content, campaigns, advertisements, copywriting, design, photography, video, animation and other marketing expressions falls within Milkman Digital's professional judgement.
Subjective differences in taste or preference do not constitute grounds for rejecting the work delivered, provided it meets the agreed briefing and objectives.

Article 7 – AI and Automation

Milkman Digital is entitled to deploy AI technology and automation to support its services, including content creation, copywriting, research, translations, analysis, reporting, image editing and workflow optimisation.
Milkman Digital remains responsible for the ultimate quality of the services delivered.

Article 8 – Portfolio

Unless agreed otherwise in writing, Milkman Digital is entitled to use realised campaigns, content and other marketing expressions for portfolio, presentation, pitch, award and promotional purposes.
Confidential information of the Client is not disclosed in doing so without prior written consent.

Version October 2026, also published at www.milkman.digital/legal/terms.

Appendix 04: Data Processing

This appendix forms an integral part of Milkman Digital's General Terms and Conditions and applies where Milkman Digital processes personal data on behalf of the Client in performing the Agreement. It is the data processing agreement referred to in Article 28 of the General Data Protection Regulation (GDPR).

In the event of a conflict, this appendix prevails over the General Terms and Conditions.

Article 1 – Roles and Scope

The Client is the controller and Milkman Digital the processor. Milkman Digital processes personal data only to perform the Agreement and on the Client's documented instructions, which include the Agreement itself.
The processing concerns the personal data that the Client makes available or that are collected on its behalf, such as names and contact details, images and recordings of people, and the usage and advertising data of website visitors, followers, customers and leads.
The processing lasts for as long as the Agreement runs.
The Client warrants that it has a lawful basis for the processing and has informed the people concerned, including the people who are filmed or photographed at its request.

Article 2 – Confidentiality and Security

Milkman Digital ensures that everyone it gives access to the personal data is bound to confidentiality.
Milkman Digital takes appropriate technical and organisational measures to protect the personal data against loss and unlawful processing, taking into account the state of the art, the costs and the risks of the processing. These include access limited to those who need it, strong authentication and encrypted connections.

Article 3 – Sub-processors and Transfers

The Client gives general permission to engage sub-processors, such as suppliers of hosting, storage, analytics, communication, advertising and AI services. Milkman Digital imposes on them obligations that offer at least the same protection as this appendix, and tells the Client on request which sub-processors it uses.
Milkman Digital informs the Client of an intended change of sub-processors. The Client may object in writing within fourteen (14) days on reasonable grounds, after which the parties consult.
Personal data are processed outside the European Economic Area only with the safeguards the GDPR requires, such as an adequacy decision or standard contractual clauses.

Article 4 – Assistance and Data Breaches

Milkman Digital assists the Client, as far as reasonably possible, with requests from the people concerned and with the Client's obligations on security, data protection impact assessments and consultation of the supervisory authority. Requests that Milkman Digital receives itself are passed on to the Client.
Milkman Digital notifies the Client of a personal data breach without undue delay and no later than forty-eight (48) hours after discovering it, with the information the Client reasonably needs for its own notifications. The Client decides whether the supervisory authority and the people concerned are notified.

Article 5 – Return, Deletion and Audit

After the Agreement ends, Milkman Digital deletes or returns the personal data, at the Client's choice, within ninety (90) days, unless the law requires them to be kept. This does not apply to delivered Products that Milkman Digital may use under the General Terms and Conditions.
Milkman Digital makes available the information needed to show that this appendix is complied with, and allows an audit by the Client or by an independent auditor bound to confidentiality, at most once a year, with thirty (30) days' notice and at the Client's expense.
Assistance beyond what is usual may be charged at Milkman Digital's usual rates.

Article 6 – Liability

The limitations of liability in the General Terms and Conditions apply to this appendix.

Version October 2026, also published at www.milkman.digital/legal/terms.

Internal Tools and Third-Party Platforms

Milkman Digital uses internal automation tools, including "Milkman One", to manage marketing activities on third-party platforms (such as Meta). When acting on behalf of agency clients via these tools, Milkman Digital operates under partner access granted through the platform's standard business relationships (e.g., Meta Business Manager partner system), and under a Data Processing Agreement with the client.

For full details on data handling by these tools, see our Privacy Policy. For deletion procedures, see our Data Deletion page.