Terms and conditions
The terms under which I work. Month to month, no lock-in, and written so you can read them in one go.
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Last updated: 12 April 2026
1. Identity
These terms and conditions apply to all services provided by:
Bart Knijnenberg Fractional CMO, independent professional Based in Valencia, Spain Email: info@bartknijnenberg.com Website: bartknijnenberg.com
2. Definitions
- "Client": The natural person or legal entity that engages Bart Knijnenberg for services.
- "Services": All Fractional CMO services, marketing strategy, AI marketing systems, consulting, and related deliverables as described in the proposal or agreement.
- "Agreement": Any arrangement between Client and Bart Knijnenberg regarding the execution of Services, including proposals, statements of work, and email confirmations.
- "Deliverables": All materials, strategies, documents, and outputs produced as part of the Services.
3. Applicability
3.1. These terms apply to all offers, proposals, agreements, and services provided by Bart Knijnenberg.
3.2. Deviations from these terms are only valid if explicitly agreed upon in writing.
3.3. The Client's own terms and conditions are explicitly rejected unless agreed upon in writing.
4. Proposals and agreements
4.1. All proposals are non-binding and valid for 30 days unless stated otherwise.
4.2. An agreement is formed when the Client accepts a proposal in writing (including email) or when Bart Knijnenberg commences the Services with the Client's knowledge.
4.3. Amendments to the agreement are only valid if agreed upon in writing by both parties.
5. Execution of services
5.1. Bart Knijnenberg will perform the Services to the best of his ability, in accordance with the standards of good professional practice.
5.2. The Services are provided on a best-efforts basis (inspanningsverplichting), not on a results obligation, unless explicitly agreed otherwise in writing.
5.3. Bart Knijnenberg determines the manner in which the Services are performed. He may engage third parties if necessary for proper execution.
5.4. The Client shall provide all information, access, and cooperation reasonably necessary for the proper execution of the Services, in a timely manner.
6. Fractional CMO engagement
6.1. Fractional CMO services are provided on a part-time, retainer basis as agreed in the proposal.
6.2. Hours or days not used within a period do not roll over to the next period unless explicitly agreed.
6.3. Availability is based on the agreed schedule. Bart Knijnenberg is not exclusively committed to the Client and may serve other clients simultaneously.
7. AI marketing systems
7.1. Where the Services include the setup or management of AI-driven marketing systems (including the Autonomous Growth System), the following applies:
7.2. AI-generated outputs (content, emails, analyses) are tools that support marketing strategy. The Client remains responsible for final approval and publication of any externally facing materials.
7.3. Bart Knijnenberg does not guarantee specific outcomes from AI systems, including but not limited to lead generation volumes, conversion rates, or revenue growth.
7.4. AI systems require ongoing monitoring and adjustment. Performance may vary based on market conditions, data quality, and external factors beyond reasonable control.
8. Fees and payment
8.1. Fees are as specified in the proposal or agreement. All amounts are exclusive of VAT unless stated otherwise.
8.2. Invoices are sent monthly unless otherwise agreed. Payment is due within 14 days of the invoice date.
8.3. In case of late payment, Bart Knijnenberg is entitled to charge statutory commercial interest and reasonable collection costs.
8.4. Bart Knijnenberg reserves the right to suspend Services if invoices remain unpaid for more than 30 days.
9. Intellectual property
9.1. All intellectual property rights to Deliverables created specifically for the Client transfer to the Client upon full payment, unless otherwise agreed.
9.2. Bart Knijnenberg retains the right to use general knowledge, techniques, methodologies, and frameworks (including the Autonomous Growth System methodology) gained during the engagement for other clients.
9.3. Pre-existing intellectual property of Bart Knijnenberg (including templates, tools, and frameworks) remains his property. The Client receives a non-exclusive license to use such materials for the purposes agreed upon.
9.4. The Client guarantees that any materials provided to Bart Knijnenberg do not infringe on third-party intellectual property rights.
10. Confidentiality
10.1. Both parties shall treat all confidential information received from the other party as strictly confidential.
10.2. Confidential information does not include information that: (a) was already publicly available; (b) was already known to the receiving party; (c) was independently developed; or (d) must be disclosed by law.
10.3. This confidentiality obligation survives the termination of the agreement for a period of 2 years.
11. Privacy and data processing
11.1. Bart Knijnenberg processes personal data in accordance with the General Data Protection Regulation (GDPR). See the Privacy Policy at bartknijnenberg.com/privacy-policy for details.
11.2. Where Bart Knijnenberg processes personal data on behalf of the Client, a separate Data Processing Agreement may be required.
12. Liability
12.1. Bart Knijnenberg's total liability for any claim arising from or related to the Services is limited to the amount paid by the Client in the 3 months preceding the event giving rise to the claim.
12.2. Bart Knijnenberg is not liable for indirect damages, including but not limited to consequential damages, lost profits, lost savings, lost data, or business interruption.
12.3. Bart Knijnenberg is not liable for damages resulting from: (a) incorrect or incomplete information provided by the Client; (b) actions or decisions of the Client based on advice provided; (c) third-party services or tools recommended but not controlled by Bart Knijnenberg.
12.4. Any claim must be submitted in writing within 30 days of the Client becoming aware of the damage, failing which the right to claim lapses.
13. Force majeure
13.1. Neither party is liable for failure to perform obligations due to force majeure, including but not limited to: illness, internet disruptions, power failures, government measures, pandemics, or disruptions at third-party service providers.
13.2. If force majeure persists for more than 60 days, either party may terminate the agreement without liability for damages.
14. Duration and termination
14.1. The agreement is entered into for the period specified in the proposal. If no period is specified, the agreement runs for an indefinite period.
14.2. Either party may terminate the agreement with 30 days' written notice, unless otherwise agreed.
14.3. In case of bankruptcy, suspension of payments, or cessation of business by either party, the other party may terminate the agreement with immediate effect.
14.4. Upon termination, Bart Knijnenberg will deliver all completed Deliverables and the Client will pay for all Services performed up to the termination date.
15. Portfolio and references
15.1. Bart Knijnenberg may mention the Client's name and a general description of the Services in his portfolio, on his website, and in marketing materials, unless the Client objects in writing.
15.2. No confidential details, results, or metrics will be shared without explicit written consent.
16. Applicable law and disputes
16.1. These terms and all agreements are governed by Spanish law, as Bart Knijnenberg is based in Valencia, Spain.
16.2. Any disputes shall first be attempted to be resolved through good-faith negotiation.
16.3. If negotiation fails, disputes shall be submitted to the competent court in Valencia, Spain.
17. Amendments
17.1. Bart Knijnenberg may amend these terms. The amended terms take effect 30 days after notification to the Client or upon publication on the website.
17.2. If the Client does not agree with the amended terms, the Client may terminate the agreement before the effective date of the amendments.
Contact
Questions about these terms? Get in touch:
Bart Knijnenberg info@bartknijnenberg.com bartknijnenberg.com Valencia, Spain
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