Terms of Service

1. Agreement to Terms

By accessing or using Profit Prime services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use our services.

In these terms, "Client" means you or the clinic you represent, "Profit Prime" the contracting party delivering the services, "Parties" Profit Prime and the Client, "Contract" the written contract the Client accepts, and "Agreement" the agreement between the Parties formed by the accepted Contract and these terms.

2. Services

Profit Prime provides Meta Ads campaign management and appointment follow-up for beauty and aesthetics clinics, and for medical, dental and cosmetic dermatology clinics. Specific deliverables, timelines, price, term and the guaranteed minimum of booked appointments are set out in the written Contract you accept before your first payment.

2.1 What is guaranteed. Before you start, we agree in writing a minimum number of booked appointments over the guarantee period stated in your Contract, based on your treatments, your ad budget and your own quieter months. If we miss it, our management fee stops (see section 2.9) and we keep working until the number is reached. The system keeps running, and you keep your patient data and every booking. If your Contract states a target range instead of a guaranteed minimum (for example for a clinic open less than a year), that range is a target, not a guarantee. The guarantee does not cover attended appointments or revenue. Whether a booked appointment is attended and becomes a paying client depends on factors outside our control, including your pricing, availability, and consultation process. What counts as a booked appointment, and the conditions that apply to the guarantee, are stated in your Contract.

2.2 Lead quality over volume. Campaigns are optimised for booked appointments, not the lowest possible cost per enquiry. Qualification criteria (treatment, timing, location and budget suitability) are agreed with you in advance. A campaign meeting the agreed qualification standard satisfies our obligations even where the cost per request exceeds figures published elsewhere on this website, which are historical results for specific campaigns and are not forecasts.

2.3 Additional services. Website development, Google Business Profile set-up and related digital work are separate projects, provided only under a separate written agreement or quote. They are quoted individually, fall outside the booked-appointment guarantee, and are not included in monthly fees unless your Contract expressly says so. A conversion landing page per treatment is part of the campaign work. For website projects, section 5.4 applies.

2.4 Advertising spend. Media budget is paid by you directly to the advertising platform and is separate from our fees. We do not mark up advertising spend.

2.5 Contract prevails. These terms and the written Contract you accept together form the Agreement. If the Contract differs from these terms, the Contract prevails. These terms apply to everything the Contract does not regulate. The terms that apply are those published on this page on the date of the Contract; later changes apply only as set out in section 15. You can request a copy of these terms free of charge at any time.

2.6 Platform restrictions. If an advertising platform blocks or restricts your ad account, page or payment method for a reason not caused by Profit Prime, the guarantee period pauses for as long as that lasts.

2.7 No parallel paid advertising. While the Agreement runs, you do not let any other party run paid ads (such as Meta or Google ads) for the same treatments at the same location(s) that we advertise for you. If this happens, the guarantee in section 2.1 no longer applies, and we may pause the campaigns until it is resolved. Your own unpaid social media posts are not covered by this section; section 2.8 applies to them.

2.8 Your own marketing. The guarantee only applies while your campaigns run as agreed. If you, or anyone acting for you, publish offers, prices, promotions or other marketing, online or offline (for example ads, social media posts, flyers, email or material in your clinic), that compete with, contradict or do not align with our campaign offer, and this can reasonably affect campaign results, directly or indirectly, without our prior written approval (WhatsApp or email counts), the guarantee lapses and no claim can be made for lower performance or results. Share planned offers and promotions with us before you publish them, so we can align the campaigns. We can agree otherwise in writing.

2.9 Fees and the guarantee. Your monthly fee has two parts: a system fee (software, automation, CRM, hosting and tools) and a management fee. The amounts are in your Contract. If the Contract states one monthly fee without a split, 50% of it is the system fee. The system fee is always due and never stops under the guarantee. Only the management fee can stop, and only when the guarantee period, including any extension, has ended without the agreed number being reached and you have met your obligations under these terms. All fees remain due in full during any extension (sections 2.12 and 4) or pause (section 2.6), and when the guarantee has lapsed (sections 2.7, 2.8, 2.12 and 4). A stopped management fee gives no right to a refund or credit for earlier months, and it is due again from the month after the agreed number is reached.

2.10 Subscriptions and third-party costs. Subscriptions (such as software, CRM, WhatsApp Business API and automation tools) and third-party usage costs (such as messaging, AI, SMS and telephony costs), where applicable, are payable on top of the fees in section 2.9, unless your Contract includes them. They keep running and stay payable during any extension, pause or suspension and after the guarantee has lapsed, until the Agreement ends and the services are switched off. If a third party raises its rates, we pass the increase on from the date it applies to us and tell you in writing (WhatsApp or email counts) as soon as reasonably possible. Such an increase does not give you the right to end the Agreement early.

2.11 Scope, extras and add-ons. We deliver what your Contract describes. Anything else we do along the way to help your results, such as extra advice, content, set-up or support, is a voluntary extra. Extras are not part of the Agreement, do not create an obligation to provide them again or keep providing them, and we may stop them at any time. Please base your expectations on what has been agreed. If you would like something more during the Agreement, let us know: we can add it as an add-on, which is quoted separately and payable unless your Contract already includes it.

2.12 Your service to your own clients. Campaign results also depend on what happens in your clinic. If something on your side can reasonably affect campaign performance or your reputation, such as repeated negative reviews, complaints or disputes with your clients, treatments or results that do not match what you promised, cancelled or poorly handled appointments, or slow, unclear or non-transparent communication with your clients, tell us as soon as you notice it. We will help you find a better approach. Results that are reduced by such circumstances on your side are at your risk (article 6:58 of the Dutch Civil Code). In that case we may, in writing (WhatsApp or email counts), reasonably adjust the agreed number of booked appointments to reflect their effect, or extend the guarantee period by the time lost. If you do not inform us, or do not cooperate on a reasonable solution within 14 days of our written notice, the guarantee lapses.

3. Payment Terms

3.1 Project-based services. Payment schedules are set out in project contracts. Typically: 50% deposit at the start of the project, 25% at the midpoint and 25% on completion. Projects do not start until the deposit is received.

3.2 Monthly services. Billed at the beginning of each month. If a payment is late, sections 3.3 to 3.7 apply.

3.3 Late payment. Invoices are due within 14 days of the invoice date, unless your Contract says otherwise. If an invoice is not paid by the due date, you are in default automatically. We do not need to send a reminder first. Any reminder we send is a courtesy.

3.4 Interest and late fee. From the day after the due date you owe statutory commercial interest (wettelijke handelsrente, article 6:119a of the Dutch Civil Code) on the unpaid amount. If an amount is still unpaid 14 days after the due date, a one-time late fee of 2% of that amount also applies, unless your Contract states a different fee.

3.5 Collection costs. If we have to collect an unpaid amount, you also owe the reasonable collection costs, at least €40 (article 6:96 of the Dutch Civil Code).

3.6 Suspension of services. If a payment is late, some services may be suspended immediately and automatically. Other services, system access and management may be suspended after 7 days, or earlier, depending on the cost the service puts on Profit Prime. Until all overdue amounts have been received in full, management, access to the system (including any export of data) and any further work may be suspended, unless we have agreed or confirmed otherwise in writing, for example by WhatsApp or email. Services resume as soon as reasonably possible after the overdue amount has been received in full.

3.7 No extension of the Contract. The period in which services are suspended because of late payment counts as part of the contract term. Suspension does not extend the term and does not entitle you to make-up work, compensation, a credit or a refund. The agreed fees remain due. The delay is the Client's responsibility.

4. Client Responsibilities

We do our work with care and expect a professional working relationship in return, including payment on time. If something is unclear or you expect a problem, tell us in advance. Our support team will address it in a timely manner.

Clients are responsible for:

• Providing necessary content, images, and materials in a timely manner
• Providing feedback and approvals within agreed timelines
• Ensuring they have rights to use all provided materials
• Maintaining confidentiality of login credentials and admin access
• Backing up their data and content (unless covered under a maintenance agreement)
• Keeping real appointment availability and working booking and communication systems, and responding to enquiries promptly
• Delivering their treatments and service to their own clients as promised, communicating clearly with them, and handling their reviews and complaints (see section 2.12)

If you materially fail to meet these responsibilities, the guarantee period is extended by the time lost as a result, so we get that time back. If the failure is serious, or is not fixed within 7 days of our written notice (WhatsApp or email counts), the guarantee lapses.

5. Intellectual Property and Ownership

5.1 Client content. Clients retain all rights to content, logos, and materials they provide.

5.2 Our work. Everything Profit Prime creates, builds, writes or sets up for you is and remains the property of Profit Prime, including all intellectual property rights in it, unless we have agreed or confirmed otherwise in writing, and except a website delivered under a website project (section 5.4) and items purchased on your behalf (section 5.5). Even where we agree otherwise, nothing is handed over until all invoices are paid in full. This includes campaigns, ads, ad texts, images and videos, audiences, landing pages, forms, automations, workflows, templates, the AI assistant, prompts, scripts, reports and the CRM set-up, as well as our systems, methods, structures and know-how. Paying our fees gives you the right to use this work for your own business while the Contract runs. It does not transfer ownership. You may not copy it, share it or hand it over to anyone else, such as another agency or freelancer, without our written permission.

5.3 Ad accounts. An ad account that Profit Prime creates or sets up, and everything we build in it, belongs to Profit Prime, unless we agree otherwise in writing and all invoices are paid in full. Access to it is never shared with or handed over to anyone else without our written permission.

5.4 Website projects. When we build a website for you under a website project, the deliverable is the website itself: its design, its content and the output files (code and assets) needed to run it. The framework, development environment, tools, systems, reusable components, templates, code libraries and know-how we use to build websites are not part of the deliverable and remain Profit Prime's. Where such parts are included in the output files, you receive a non-exclusive, perpetual right to use them as part of your website, for your own business. Once all invoices for the project are paid in full, the website is yours and we hand over the output files and cooperate with transferring them; where a separate deed is needed for the transfer, we sign it on request. Setting the website up elsewhere, and arranging a developer or hosting for it, is your responsibility. If you ask us to set it up, give instructions or spend time with your new developer or hosting provider, we charge that time at our hourly rate applicable at that time.

5.5 Purchases on your behalf. Domains, email accounts, hosting, business profiles and other accounts, licences or subscriptions that Profit Prime purchases or registers on your behalf, and that you pay for, are yours. We transfer them to you or into your name once all outstanding amounts are paid in full. Until then we may keep them under our control (rights of retention and suspension, articles 3:290 and 6:52 of the Dutch Civil Code). Their running costs are payable by you, also after the transfer.

5.6 Portfolio use. We may show work we did for you, without identifying your clinic, in portfolios, case studies and marketing materials. We show your clinic's name, logo or campaign figures only with your prior written permission (WhatsApp or email counts).

6. Project Timelines

Timeline estimates are provided in good faith but are not guaranteed. Delays caused by client feedback, content delivery, or third-party dependencies may extend project completion. We will communicate any anticipated delays promptly.

7. Revisions and Scope Changes

Each package includes a specified number of revision rounds. Requests beyond the agreed scope or revision limits may be subject to additional fees. Significant scope changes require a new contract and agreement.

8. Warranties and Disclaimers

We warrant that services will be performed professionally using industry best practices. However:

• Except for the guarantee in section 2.1 and your Contract, we do not guarantee specific search engine rankings or marketing results
• We are not responsible for third-party services, plugins, or platforms
• Website performance depends on the Client's hosting environment
• Services are provided "as is" without warranty of uninterrupted or error-free operation

9. Limitation of Liability

Profit Prime's liability is limited to the amount paid for services in the 12 months preceding any claim. We are not liable for indirect, incidental, consequential, or punitive damages including lost profits, data loss, or business interruption. Nothing in these terms limits liability for intent or deliberate recklessness, or where the law does not allow a limitation.

10. AI Voice Interactions and Call Recordings

We may use human or AI-assisted voice systems for consultations, scheduling, handling enquiries and service delivery. AI systems can make mistakes. Their output assists communication and scheduling and is not professional medical, legal or financial advice. Important decisions should be confirmed with a member of our team, and you can ask for human assistance at any time.

Where a call is recorded, you are told before or at the start of the call. Recordings and transcripts may contain personal data. We process them only for stated purposes, such as service delivery, quality assurance, security, handling disputes and, where the law allows, training and improving our systems, on a legal basis under applicable data protection law, including the GDPR. Details, including your rights of access, objection, restriction and erasure, are in our Privacy Policy.

11. Confidentiality

11.1 Our confidentiality. We maintain strict confidentiality of all client information, business data, proprietary materials, and conversation recordings. We will not disclose confidential information to third parties without client consent, except as required by law or as necessary to provide services (for example AI processing partners with strict confidentiality agreements).

11.2 Your confidentiality. Our offers, prices, proposals, onboarding materials and working methods are confidential. You do not share them with third parties, including other marketing agencies, without our written permission. This applies during the Agreement and for 2 years after it ends. Information you already had, or that is publicly available, is not covered.

11.3 Breach of confidentiality. If you share our confidential information in breach of section 11.2, you breach the Agreement. You then owe us a penalty equal to three times your monthly fee, with a minimum of €2,500, for each breach, payable immediately, without any reminder or notice of default being needed. We may also end the Agreement with immediate effect (see section 12.5). The penalty does not replace compensation: we may also claim full compensation for our actual damage, in deviation from article 6:92(2) of the Dutch Civil Code. Unpaid invoices remain payable.

12. Term and Termination

12.1 Monthly services. Monthly services start on the date stated in the Contract and continue for a minimum term of 3 months from go-live, or for the fixed term agreed in writing in the Contract (3, 6 or 12 months). Where the Client enters into the Agreement in the course of its business or profession, the Parties expressly agree that the Client may not terminate the Agreement before the end of the applicable minimum or fixed term, except as expressly provided in this section, section 2.1 or the Contract, or where mandatory applicable law provides otherwise. The Client remains responsible for the agreed monthly fees throughout the applicable term, except where this section, section 2.1 or the Contract provides otherwise.

12.2 After the term. After the minimum or fixed term, the Agreement continues monthly and either party can end it with 30 days' written notice.

12.3 Prices and price changes. Each year on 1 January we may increase our fees by the change in the consumer price index (CPI, all households) published by Statistics Netherlands (CBS) over the previous year, with a minimum of 3%. This also applies during a fixed term. We may also change our prices at any other time with 30 days' written notice (WhatsApp or email counts). Such a change applies from the next fixed term or, for monthly agreements, after the notice period. Third-party cost increases are passed on as set out in section 2.10. If you continue the services after a price change takes effect, you accept the new price.

12.4 Guarantee. Section 2.1 and the guarantee in your Contract apply as written.

12.5 By Profit Prime. Profit Prime may terminate or suspend the services immediately if the Client materially breaches these terms, fails to pay, provides false or misleading information, behaves abusively, or provides content or instructions that breach applicable law or the policies of Meta, Google or other relevant third-party platforms.

12.6 Project work. Project work may be terminated with 14 days' written notice. The Client remains responsible for payment for work completed up to the termination date and for any approved non-cancellable third-party costs.

12.7 When the Agreement ends. Your own Facebook page, Instagram account and any domain or account registered in your name stay yours. Items we purchased on your behalf are transferred under section 5.5, and a website from a website project is handed over under section 5.4, in both cases once all outstanding amounts are paid in full. Access to the system and any export of contacts, conversations, reports or other data is provided only after all invoices are paid in full, and only to the extent the system and the platforms concerned technically allow it. Some data, such as conversation history in messaging, chat, AI or call systems, cannot be exported at all, or only in part. We do not build custom exports, conversions or migrations unless agreed in writing; such work is charged at our hourly rate. Ad accounts and all other work we did for you (see section 5.2) stay with Profit Prime. We hand them over only if we agree this in writing and all invoices are paid in full. Until then we may switch them off or remove our access and our work. Unpaid invoices remain payable after the Agreement ends.

13. Third-Party Services and Force Majeure

Our services may integrate third-party platforms, tools, and services (hosting, payment processors, email services, AI processing services, etc.). The Client is responsible for compliance with third-party terms and any associated fees. AI voice processing may use secure third-party AI platforms with appropriate data protection agreements in place.

Advertising platforms and messaging providers set their own policies. We use reasonable efforts to configure campaigns and automation in line with those policies, but we cannot guarantee the continued approval, delivery, availability or functionality of any third-party platform.

Force majeure. We are not liable for delay or failure caused by circumstances beyond our reasonable control, including platform outages, advertising-account restrictions, third-party service failures, internet or telecommunications failures, cyber incidents, government action or changes to third-party platform policies. For the guarantee period, section 2.6 applies.

14. Governing Law

These terms are governed by the laws of the Netherlands. Disputes will be resolved through good-faith negotiation or, if necessary, through the competent courts in the Netherlands. For clients outside the Netherlands, mandatory local consumer protection laws may also apply.

15. Changes to Terms

We may update these terms. Updated terms are published on this page with a revised date and apply to new Agreements from that date. For an existing Agreement, a change takes effect no earlier than 30 days after we notify you in writing (WhatsApp or email counts), unless the change is required by law or by a platform we depend on, in which case it may take effect sooner. If a change is materially to your disadvantage, you may object in writing before it takes effect; the previous terms then keep applying to your Agreement until the end of its current minimum or fixed term. If you do not object and keep using our services, you accept the updated terms. An update never changes the agreed minimum number of booked appointments or the price in your Contract, except as set out in section 12.3.

16. Contact Information

For questions about these terms, contact us at info@profitprime.nl or through our contact page.
Profit Prime B.V., Atoomweg 63, 3542 AA Utrecht, Netherlands · KVK 98657240

17. Results Disclaimer

Individual results from Profit Prime services may vary. Past campaign performance does not guarantee identical results for future clients.