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 appendices for specific types of work. Appendix 02 applies to audiovisual productions. Appendix 03 applies to Marketing as a Service. Where an appendix and the general terms conflict, the general terms prevail unless the appendix says otherwise.

This is an English translation of Milkman Digital's Dutch general terms and conditions, provided for convenience. In the event of any discrepancy between this translation and the Dutch original, the Dutch text prevails.

Last updated: 18 August 2026

General Terms and Conditions

Article 1 – Definitions

Unless expressly stated otherwise, the following terms have the meaning set out below in these general terms and conditions:

General Terms and Conditions: these general terms and conditions of Milkman Digital.
Milkman Digital: Milkman Digital, having its office at Jupiterkade 7, 2516 BS Den Haag, registered with the Dutch Chamber of Commerce under number 73573566, user of these general terms and conditions.
Client: any natural or legal person who instructs Milkman Digital to carry out work.
Agreement: any agreement for the provision of services between Milkman Digital and the Client, regardless of how it came into being.
Product: media productions and other marketing services in the broadest sense of the word, as further described in the order confirmation, assignment confirmation or other written record of the Agreement.

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, as well as their performance.
Deviations from these general terms and conditions are only valid if and to the extent expressly agreed in writing between Milkman Digital and the Client.
The applicability of any general terms or purchasing conditions of the Client is expressly rejected.
These general terms and conditions also apply to all Agreements for the performance of which Milkman Digital engages third parties.
If one or more provisions of these general terms and conditions are or become void, the remaining provisions remain fully applicable. In that case the parties shall consult to agree on a replacement provision that reflects, as closely as possible, the purpose and intent of the original provision.

Article 3 – Formation of the Agreement

The Agreement is formed at the moment the Client accepts Milkman Digital's offer.
If acceptance is given verbally, by telephone or electronically, or if the signed assignment confirmation has not (yet) been returned, the Agreement is deemed to have been formed at the moment Milkman Digital, with the Client's consent, begins performing the work.
The assignment confirmation and other written records of the Agreement are based on the information provided by the Client and are deemed to accurately and completely reflect the Agreement.

Article 4 – Performance of the Agreement

Milkman Digital will perform the Agreement to the best of its insight and ability and in accordance with the requirements of good workmanship, taking into account the state of knowledge and technology known at that time.
Milkman Digital cannot guarantee that any intended result will be achieved. Milkman Digital's obligations are explicitly obligations of effort (best-efforts), not obligations of result.
Milkman Digital is entitled, where necessary for the proper performance of the Agreement, to have work carried out wholly or partly by third parties.
The Client shall ensure that all data and information which Milkman Digital indicates are necessary for the performance of the Agreement, or which the Client should reasonably understand to be necessary, are provided to Milkman Digital in a timely and complete manner.

Article 5 – Duration of the Agreement

The Agreement is entered into for an indefinite period, unless the content, nature or purport of the Agreement dictates otherwise, or the parties have expressly agreed otherwise in writing.
If the Agreement has a fixed term or end date, the Agreement ends by operation of law upon expiry, unless the parties have agreed otherwise in writing.

Article 6 – Delivery Periods and Planning

Periods and schedules given by Milkman Digital are indicative and never constitute strict deadlines.
If the Client owes an advance payment, or must provide data, materials or information necessary for the performance of the Agreement, the delivery period does not commence until payment has been received in full and the required data have been supplied in full.
If a threat arises that an agreed period will be exceeded, Milkman Digital will inform the Client as soon as possible.
Exceeding a period, for whatever reason, does not entitle the Client to dissolve the Agreement or to compensation for any damage.

Article 7 – Additional Work and Amendment of the Agreement

Work falling outside the scope of the Agreement as agreed is treated as additional work.
Additional work exists, among other things, where:
1. the originally agreed or anticipated volume of work proves insufficient;
2. the Client's wishes, instructions or circumstances change;
3. additional work is reasonably necessary for the careful performance of the Agreement.
Milkman Digital is entitled to invoice additional work separately.
Where possible, Milkman Digital will inform the Client in advance of the nature and any financial consequences of the additional work.
If a fixed fee has been agreed, Milkman Digital will indicate to what extent the additional work causes that fee to be exceeded.
Amendments to the Agreement may affect planning, delivery periods and costs. Milkman Digital will inform the Client of this as soon as possible.

Article 8 – Revisions, Corrections and Completion

Revisions and corrections take place solely within the boundaries of the agreed assignment and the nature of the Product.
The Client must communicate feedback, corrections and comments to Milkman Digital in a timely and as complete a manner as possible, so that they can be processed efficiently.
If feedback, corrections or requests lead to a change or extension of the agreed scope, they are treated as additional work as referred to in Article 7.
Once the Product, or its final version, has been approved, the Product is considered completed and final.
Requests for changes after completion of the Product are treated as additional work and may be invoiced separately.
Obvious errors demonstrably attributable to Milkman Digital are corrected free of charge.

Article 9 – Deemed Approval

If the Client does not respond in writing within fourteen (14) days of delivery of the Product, the Product is deemed to have been approved by the Client.
Following deemed approval, Milkman Digital is entitled to further perform, complete, or start the next phase of the work.

Article 10 – Publication, Campaigns and External Channels

To the extent the Product forms part of a digital campaign, website, online publication or other form of publication via external channels, Milkman Digital will inform the Client of the intended publication or go-live moments as soon as these are known.
Publication and go-live moments, distribution channels and visibility are subject to change. Milkman Digital cannot guarantee that the Product will remain published, unchanged or continuously live.
If publication, go-live or rollout of the Product does not take place, or is changed, as a result of technical malfunctions, system errors, policy changes, or acts of third parties or platforms, Milkman Digital will use reasonable efforts to publish the Product again or at an adjusted time, without being liable for any resulting damage.
The substantive and technical execution of the Product is determined by Milkman Digital, taking into account the agreed scope. Final publication, approval or acceptance may partly depend on external platforms or systems.
Any editorial, substantive or visual attention given to the Client's products or services will be handled in a professional and appropriate manner, taking into account applicable laws, regulations and the guidelines of the channels used.

Article 11 – Engagement of Third Parties and External Services

Milkman Digital is entitled to use the services and products of third parties in performing the Agreement.
Milkman Digital is not liable for damage resulting from shortcomings, errors, malfunctions or decisions of these third parties, over which Milkman Digital has no control.
Milkman Digital is likewise not liable for the consequences of changes in third-party intellectual property rights used in connection with the Agreement.
Milkman Digital is not liable for the loss of or damage to materials supplied by the Client or third parties, unless caused by intent or something equivalent to recklessness.

Article 12 – Intellectual Property

All copyrights and other intellectual or industrial property rights in the Product, as well as 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.
The Client only obtains the usage rights expressly granted under the Agreement and by law. These usage rights are non-exclusive, non-transferable and may not be sublicensed.
The Client is not permitted to reproduce, publish or use the Product or parts thereof for purposes other than agreed, without Milkman Digital's prior written consent.
Milkman Digital retains the right, with due regard for the Client's interests, to use the Product for its own publication, promotion and portfolio purposes.

Article 13 – Confidential Information

Milkman Digital will take reasonable precautions to keep information of a confidential nature provided by the Client confidential.
The confidentiality obligation does not apply to information that:
1. was already publicly known before it was provided by the Client;
2. was lawfully provided to Milkman Digital by third parties;
3. must be disclosed pursuant to a legal obligation.

Article 14 – Fees and Payment

Invoices sent by Milkman Digital must be paid, without deduction, discount or set-off, within fourteen (14) days of the invoice date, unless agreed otherwise in writing.
Milkman Digital is entitled to invoice in instalments and is also entitled to require an advance payment before commencing work.
If the Client fails to meet its payment obligations on time, it is automatically in default. Milkman Digital is in that case entitled to charge statutory (commercial) interest and extrajudicial collection costs.
Unless expressly agreed otherwise, agreed prices do not include travel, accommodation and parking costs. Where applicable, these costs are charged to the Client afterwards on the basis of actual costs incurred.
The Client is not entitled to suspend or set off its payment obligations on account of any counterclaim or complaint it raises regarding the work delivered.
In the event of the Client's liquidation, bankruptcy, seizure, suspension of payment or being placed under guardianship, all of Milkman Digital's claims become immediately due and payable.

Article 15 – Suspension and Termination

Milkman Digital is entitled to suspend performance of the Agreement, or to dissolve the Agreement in whole or in part, if:
1. the Client fails to fulfil, or fails to fully fulfil, its obligations under the Agreement;
2. payment of invoices is not made within the agreed term;
3. after the Agreement is concluded, circumstances come to Milkman Digital's attention that give good reason to fear that the Client will not fulfil its obligations;
4. security requested from the Client for the fulfilment of its obligations is not provided or proves insufficient.
Milkman Digital's claims remain fully in force in the event of suspension or dissolution.

Article 16 – Liability

Although Milkman Digital exercises the greatest possible care in performing the Agreement, Milkman Digital accepts no liability for damage unless it results from an attributable shortcoming.
Milkman Digital's liability is in all cases limited to a maximum of once the invoiced amount of the relevant Agreement, or that part of the Agreement to which the liability relates.
Milkman Digital is never liable for indirect damage, including consequential damage, loss of profit, missed savings, business interruption and damage resulting from claims by third parties.
The limitations in this article do not apply if the damage is the result of intent or gross negligence equivalent thereto on the part of Milkman Digital's senior management.
These liability limitations also apply for the benefit of third parties engaged by Milkman Digital.

Article 17 – Indemnification

The Client indemnifies Milkman Digital against third-party claims relating to intellectual property rights in materials or data supplied by the Client.
The Client indemnifies Milkman Digital against claims by third parties who suffer damage in connection with the performance of the Agreement that is attributable to the Client.
The Client indemnifies Milkman Digital against third-party claims for damage caused by the Client providing incorrect or incomplete information.

Article 18 – Force Majeure

Force majeure is understood to mean any circumstance independent of Milkman Digital's will that temporarily or permanently prevents performance of the Agreement.
In the event of force majeure, Milkman Digital is entitled to suspend its obligations for as long as the force majeure continues, without being liable for any compensation.

Article 19 – Retention of Title

All items delivered by Milkman Digital, including designs, sketches, drawings, films, software, scripts, growth sessions and other materials, remain the property of Milkman Digital, unless agreed otherwise in writing.
The Client is not permitted to pledge, or otherwise encumber, items subject to retention of title.

Article 20 – 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 21 – 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 to the competent court in the district where Milkman Digital is established.

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 between this appendix and the General Terms and Conditions, the General Terms and Conditions prevail, unless this appendix expressly provides otherwise.

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 – 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 3 – 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 4 – 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 5 – 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 6 – 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 7 – 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 8 – 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.

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 between this appendix and the General Terms and Conditions, the General Terms and Conditions prevail, unless this appendix expressly provides otherwise.

Article 1 – 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 2 – 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 3 – 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 4 – 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 5 – 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 6 – 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 7 – 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.

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.