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Terms & Conditions

In these general terms and conditions, the following terms, always indicated with a capital letter, are used in the following sense.

Article 1 - Definitions

  1. PPC Mastery: PPC Mastery B.V., the user of these general terms and conditions, established at Nijstadstraat 2, 7478 DJ in Diepenheim, registered in the Trade Register under Chamber of Commerce number 87927993.
  2. Other party: any natural or legal person with whom PPC Mastery has concluded or intends to conclude an Agreement.
  3. Consumer: a Other Party, natural person, not acting in the exercise of a profession or business.
  4. Parties: PPC Mastery and the Other Party jointly.
  5. Agreement: any agreement between the Parties within the framework of which PPC Mastery undertakes towards the Other Party to provide or make available a Course and/or supply a Digital Knowledge Product.
  6. Distance Contract: an Agreement concluded between PPC Mastery and a Consumer in the framework of an organised system for distance contract conclusion without simultaneous personal presence of PPC Mastery and the Consumer and where, up to and including the moment of conclusion of the Agreement, exclusive use is made of one or more means of distance communication, such as in case the Agreement is concluded directly through the Website. An Agreement is thus not a Distance Agreement if no organised system for distance contract conclusion is used by PPC Mastery in doing so, for example if the Consumer looks up the contact details of PPC Mastery on the Internet or in a telephone directory and concludes an Agreement by e-mail or by telephone.
  7. Course: a physical or online course, training, masterclass or similar service provided or made available by PPC Mastery under the Agreement.
  8. Digital Knowledge Product: a digital file offered for downloading against payment, other than in the context of an (online) Course.
  9. Website: www.ppcmastery.com.
  10. Written: communication in writing, communication by e-mail or any other means of communication that, in view of the state of the art and generally accepted standards, can be equated with such.

Article 2 - General Provisions

  1. These general terms and conditions apply to every offer made by PPC Mastery and every Agreement concluded.
  2. Any general terms and conditions of the Other Party, by whatever name indicated, shall not apply to the Agreement.
  3. The provisions of these general terms and conditions can only be deviated from expressly and in Writing. If and insofar as the provisions of these general terms and conditions deviate from what the Parties have expressly agreed in writing, that which the Parties have expressly agreed in writing shall prevail.
  4. Destruction or nullity of one or more provisions of these general terms and conditions or the Agreement as such shall not affect the validity of the remaining provisions. In such case, the Parties are obliged to enter into mutual consultation in order to reach a replacement arrangement in respect of the affected clause. In doing so, the purpose and purport of the original stipulation will be observed as much as possible.

Article 3 - Offer and formation of the agreement

  1. Each offer by PPC Mastery to enter into an Agreement is without obligation, even if it is indicated that the offer is valid for a limited time only. PPC Mastery can still revoke its offer immediately, at least as soon as possible after the acceptance thereof by the Other Party. In the event in such case payment has already been made by the Other Party, PPC Mastery will immediately, or at least as soon as possible, ensure repayment.
  2. No rights can be derived by the Other Party from an offer by PPC Mastery that contains an obvious mistake or error.
  3. Each Agreement, without prejudice to the provisions of paragraph 1, comes into force at the moment the Other Party has accepted PPC Mastery's offer in the way indicated by PPC Mastery. If the acceptance of the Other Party deviates from PPC Mastery's offer, the Agreement shall not be established in accordance with this deviating acceptance, unless PPC Mastery indicates otherwise.
  4. If the Other Party concludes the Agreement on behalf of another natural or legal person, by entering into the Agreement it declares that it is authorised to do so. The Other Party is jointly and severally liable alongside this (legal) person for the fulfilment of the obligations arising from that Agreement.

Article 4 - Right of termination in a distance contract

  1. Subject to the provisions of the remainder of this article, the Consumer may dissolve a Distance Contract providing for the provision or making available of a Course up to 14 days after its conclusion, without providing reasons.
  2. In the case of delivery of a Digital Knowledge Product, the right of dissolution is excluded, provided that:
    1. the delivery thereof has started with the Consumer's explicit prior consent; and
    2. the Consumer has thereby declared to waive his right of dissolution as soon as PPC Mastery has delivered the Digital Knowledge Product.
      The confirmation of the Agreement or Renunciation that PPC Mastery provides to the Consumer shall also include a confirmation of the Consumer's express prior request and declaration as referred to above.
  3. Beginning of a Course within the cooling-off period of 14 days shall only take place at the express request of the Consumer.
  4. If the Distance Contract is fully complied with by PPC Mastery within the 14-day reflection period, the Consumer shall not be entitled to terminate the Distance Contract after its fulfilment, provided that:
    1. the fulfilment began with the Consumer's express prior consent; and
    2. the Consumer has declared that he waives his right of termination as soon as PPC Mastery has fulfilled the Distance Contract.
      As an example, it follows from the above that if the entire course content within the framework of an online Course is made available to the Consumer immediately after the conclusion of the Distance Contract, the Consumer can no longer invoke the right of termination immediately after the conclusion of the Distance Contract if the conditions under a) and b) have been met. Making all course content immediately available in full shall be deemed to be full compliance with the Distance Contract by PPC Mastery.
  5. If the Distance Contract is not or not fully complied with by PPC Mastery within the 14-day reflection period, when exercising the right of termination following a request by the Consumer in accordance with paragraph 3, the Consumer shall owe PPC Mastery an amount proportionate to that part of the Distance Contract complied with by PPC Mastery at the time of exercising the right of termination.
  6. The Consumer may terminate the Distance Contract by submitting a request to that effect to PPC Mastery by e-mail or by using the model withdrawal form offered by PPC Mastery. As soon as possible after PPC Mastery has been notified of the Consumer's intention to dissolve the Distance Contract and if the conditions of this article have been met, PPC Mastery will confirm the dissolution of the Distance Contract by e-mail.
  7. PPC Mastery shall refund any payment already received from the Consumer, minus any proportionate amount referred to in paragraph 5, to the Consumer as soon as possible, but at the latest within 14 days after the dissolution of the Distance Contract.

Article 5 - Cancellation of the agreement other than on the grounds of Article 4

  1. If the Other Party cancels the Agreement prematurely, the Other Party will continue to owe the full price agreed. The foregoing is without prejudice to the provisions in article 4 and the other imperative legal rights of Consumers.

Article 6 - Online courses: availability of content

  1. In the event of an online Course within the framework of which the content is available 'on-demand', the Other Party will have access to the content for 12 months after conclusion of the Agreement, unless expressly agreed otherwise.
  2. In the event of live contact between a teacher of PPC Mastery and the Other Party within the framework of an online Course at explicitly agreed moments, the Other Party shall have access to the recordings and downloads made available (supporting resources) for three months after conclusion of the Agreement.
  3. The Other Party's right to use the content referred to in the previous paragraphs ends by expiry of the periods mentioned in the previous two paragraphs. The provisions of Articles 7 and 12 apply mutatis mutandis to the use of the content referred to.

Article 7 - Website usage rules and restrictions

  1. In the context of an online Course the Other Party must keep its login details for access to the Website strictly confidential. The Other Party's rights under the Agreement are strictly personal. All acts performed under the Other Party's account shall be attributed to the Other Party. In case the Other Party suspects abuse of its account by others, the Other Party must immediately report this to PPC Mastery.
  2. The Other Party is not permitted to use the content revealed on the Website, such as videos and text files, for purposes other than exclusively for personal use. Use of the content is only permitted using and in accordance with the offered and normal functionalities of the Website. Distributing, selling and licensing such content, among other things, is not permitted.
  3. The Other Party must follow any instructions given by PPC Mastery in connection with the use of the Website.
  4. The Other Party is not permitted to use the Website for illegal or otherwise unauthorised purposes. The Other Party is obliged to comply with all laws, rules and regulations imposed pursuant to the government that apply to the use of the Website. In particular, the Other Party is bound by the applicable intellectual property laws.
  5. The Other Party is not allowed to obstruct or disrupt the Website or the servers or networks used by PPC Mastery for the operation of the Website, for example by sending worms, viruses, spyware, malware or other destructive or disruptive codes

Article 8 - Physical courses at the other party's location

  1. If the performance of a physical Course is to be given at the location of the Other Party or at another location designated by the Other Party and agreed upon between the Parties, the Other Party shall ensure that the designated space for the performance is suitable for that purpose and that PPC Mastery has free use at that location of all goods and facilities present and reasonably required by it.

Article 9 - Force majeure

  1. PPC Mastery shall not be obliged to (continue to) fulfil the Agreement if and for as long as it cannot do so due to force majeure. Under force majeure, in addition to what is understood in this respect in legislation and jurisprudence, is understood technical failure, fire and illness of personnel, as a result of which fulfilment of the Agreement is permanently or temporarily impossible.
  2. If the force majeure situation makes the fulfilment of the Agreement permanently impossible or continues or will continue for more than three months, the Parties shall be entitled to terminate the Agreement with immediate effect.
  3. If, when the force majeure situation arises, PPC Mastery has already partly fulfilled its obligations or can only partly fulfil its obligations, it shall be entitled to charge separately for the part of the Agreement already executed or, as the case may be, still executable as if it were an independent Agreement. Other losses due to force majeure shall not be eligible for compensation.

Article 10 - Prices and payments

  1. PPC Mastery's offer states the price of the Course or Digital Knowledge Product. The price in question is exclusive of VAT, unless expressly stated otherwise and on the understanding that an offer addressed to Consumers states amounts (also) inclusive of VAT.
  2. Unless expressly agreed otherwise, the Other Party shall be obliged to pay the agreed price in full in advance and PPC Mastery shall not be obliged to execute the Agreement until the payment due has been received by PPC Mastery.
  3. Payment shall be made in one of the ways designated by PPC Mastery for that purpose, at the time indicated by PPC Mastery or within the period indicated by it.
  4. PPC Mastery is entitled to make the invoice due to the Other Party available to it exclusively by e-mail.
  5. If payment is not made on time, the default of the Other Party shall enter into force by operation of law and PPC Mastery shall be entitled to suspend the (further) performance of the Agreement with immediate effect, including, in the case of an online Course, to block access to the Course. From the day on which this default occurs, the Customer shall owe interest of 2% per month on the outstanding amount, whereby a part of a month shall be regarded as a full month. Contrary to the previous sentence, the statutory interest rate shall apply instead of the contractual interest rate referred to there if the Other Party acts in the capacity of Consumer.
  6. All reasonable costs, both judicial, extrajudicial and execution costs, incurred to obtain the amounts owed by the Other Party will be for the Other Party's account.

Article 11 - Liability

  1. PPC Mastery is not liable for damage caused by inaccuracies or incompleteness in the data provided by the Other Party, any other shortcoming in the fulfillment of the obligations of the Other Party arising from the law or the Agreement, or any other circumstance which cannot be attributed to PPC Mastery.
  2. If the Other Party misses a meeting in the context of a physical Course or a live contact moment in the context of an online Course for any reason, the Other Party shall not be entitled to remission, restitution, or any other compensation.
  3. PPC Mastery accepts no liability for any damage resulting from any act or omission of the Other Party in response to knowledge and/or skills acquired by it in the context of a Course or Digital Knowledge Product.
  4. PPC Mastery accepts no liability for any results not achieved by the Other Party as a result of or with the aid of a Course or Digital Knowledge Product. PPC Mastery only undertakes to use its best efforts.
  5. PPC Mastery shall not be liable for damage resulting from breakdowns or maintenance to be carried out on servers and other systems on which PPC Mastery's services depend.
  6. PPC Mastery shall never be liable for indirect damages, including losses suffered, loss of profit and damages as a result of business interruption.
  7. Should PPC Mastery be liable for any damage despite the provisions of these general terms and conditions, PPC Mastery shall at all times be entitled to recover such damage. The Other Party must give PPC Mastery the opportunity to do so, failing which any liability of PPC Mastery in this regard shall expire.
  8. PPC Mastery's liability shall be limited to, at most, the proper provision of the services or delivery of the Digital Knowledge Product. If such rectification is not possible, PPC Mastery's liability shall be limited to at most the invoice value of the Agreement, or at least that part of the Agreement to which PPC Mastery's liability relates.

Article 12 - Intellectual property

  1. PPC Mastery reserves all rights and powers of intellectual property to which it is entitled under the law, such as the Copyright Act. The ownership of Digital Knowledge Products, the content of (online) Courses and related content, remains with PPC Mastery. These goods may only be used by the Other Party for the purposes intended by the Parties when entering into the Agreement and thus may not be duplicated, reproduced, processed or passed on to third parties.
  2. A breach of the provisions of the previous paragraph attributable to the Other Party shall entitle PPC Mastery to claim immediate undoing of the breach, as well as damages to be determined further on the basis of the nature and extent of the breach.

Article 13 - General complaints policy

  1. Complaints relating to the execution of the Agreement by PPC Mastery must be submitted in full and clearly described, In Writing to PPC Mastery.
  2. Complaints submitted to PPC Mastery shall be answered within a period of 14 days from their receipt. If a complaint requires a longer processing time, a reply with an acknowledgment of receipt and an indication of when the Other Party can expect a more detailed reply will be provided within the 14-day period.
  3. If in the context of a Distance Contract, the complaint cannot be resolved by mutual agreement, the Consumer may submit the dispute to the Disputes Committee via the ODR platform (ec.europa.eu/consumers/odr/).

Article 14 - Final provisions

  1. PPC Mastery is entitled to amend these general terms and conditions. In such a case, the Other Party shall be notified thereof, whereby the amended general terms and conditions shall be provided to it and after which they shall apply. In the case of a Consumer, amended general terms and conditions do not apply to a current Agreement if and insofar as the amendments are to his disadvantage.
  2. Each Agreement and all legal relationships arising from it between the Parties shall be governed exclusively by Dutch law.
  3. Before any recourse to the courts, the Parties are obliged to make every effort to settle the dispute in mutual consultation.
  4. Only the competent court within the district of the District Court of Overijssel shall be designated in first instance to take cognisance of any legal disputes between the Parties, without prejudice to the right of PPC Mastery to designate another court competent according to the law. If the Other Party is a Consumer, the Consumer is entitled to choose the court competent according to the law within one month after PPC Mastery has announced in Writing that it wishes to litigate before the court designated by it.
  5. If these general terms and conditions are available in several languages, the Dutch language version shall always be decisive for the interpretation of the clauses contained therein.