Version: February 2026 

Effective date: March 1, 2026 

No Cap Agency, established at Floraronde 17, 1911 VZ Uitgeest, The Netherlands, registered with the Dutch Chamber of Commerce under number 88201694, hereinafter referred to as “Agency”. 

 1. Definitions

1.1 Agency: No Cap Agency as described above. 

1.2 Client: any natural or legal person entering into an agreement with the agency, including influencers and brands. 

1.3 Influencer: a natural person or legal entity creating and publishing content on social media platforms and represented by the agency for commercial collaborations. 

1.4 Brand: a legal entity or company engaging with an influencer via the agency for marketing purposes. 

1.5 Agreement: any agreement between the agency and the client, including amendments and supplements. 

1.6 Campaign: a specific project or collaboration between an influencer and a brand facilitated by the agency. 

1.7 Services: all services provided by the agency, including facilitation of collaborations, negotiations, contract management and strategic advice. 

1.8 Content: all materials, including photos, videos, text, graphics and other creative works created by the influencer in the context of a campaign. 

1.9 Parties: agency and client collectively. 

1.10 Privacy policy: the agency’s privacy policy available on the website, describing how personal data is collected, processed and protected. 

 2. Applicability

2.1 These general terms and conditions apply to all offers, quotations, agreements, and legal relationships between the agency and the client, unless expressly agreed otherwise in writing. 

2.2 Any general terms and conditions of the client are explicitly rejected. 

2.3 If any provision is invalid or unenforceable, the remaining provisions remain in full force. The parties shall agree on a replacement provision that closely approximates the intended purpose. 

2.4 These terms apply to both business and private clients. Mandatory consumer protection provisions prevail in case of conflict with statutory rules. 

2.5 By entering into an agreement, the client acknowledges having read and accepted these terms and conditions and the privacy policy. 

 3. Formation of the agreement

3.1 All offers and quotations are without obligation unless explicitly stated otherwise. Offers are valid for 30 days by default. 

3.2 An agreement is concluded when: 

(a) the client signs an agreement prepared by the agency; or 

(b) the agency confirms an assignment in writing; or 

(c) the agency begins execution of the assignment. 

3.3 Oral statements do not bind the agency unless confirmed in writing. 

3.4 If the client acts on behalf of another party, they represent that they are authorized and are jointly and severally liable for performance. 

 4. Services

4.1 The agency shall perform the agreed services to the best of its ability. 

4.2 Obligations are best-efforts obligations, not guaranteed results, unless expressly agreed otherwise in writing. 

4.3 The agency may engage third parties to perform services. 

4.4 Services include, but are not limited to: 

(a) representation of influencers in negotiations; 

(b) approaching brands for collaborations; 

(c) drafting, reviewing, and managing contracts; 

(d) advice on rates, strategy, and positioning; 

(e) coordination and supervision of campaigns; 

(f) handling payments and invoicing. 

4.5 The agency does not guarantee the number, frequency or commercial success of campaigns. 

4.6 Service specifications and scope are set out in the individual agreement. 

Consumer clause: statutory consumer protection rules apply where relevant. 

 5. Client obligations

5.1 The client shall provide all necessary information and documents timely for correct execution. 

5.2 The client guarantees the accuracy and completeness of the information provided. 

5.3 If the client is an influencer: 

(a) deliver content timely and according to quality standards; 

(b) comply with applicable laws and regulations, including marketing and advertising identification (e.g., #ad, #sponsored); 

(c) avoid actions that could damage the reputation of the agency, brands or third parties; 

(d) inform the agency immediately of circumstances affecting campaigns; 

(e) act professionally and respectfully on social media regarding the agency and collaborations; 

(f) be responsible for all applicable taxes, social security contributions and premiums on payments received. 

5.4 The client shall indemnify the agency against claims by third parties related to provided information or delivered content. 

 6. Fees and payment

6.1 All prices and rates quoted by the agency are exclusive of VAT and other government-imposed charges, unless stated otherwise. 

6.2 The agency is entitled to a commission on payments received from campaigns. The commission rate is specified in the individual agreement. 

6.3 Payment term 

Payment shall be made within the term stated on the invoice. This term shall be considered a final term within the meaning of article 6:83 of the Dutch Civil Code; in case of exceeding the term, the client shall be automatically in default without prior notice of default. If no term is stated on the invoice, a payment term of 30 days from the invoice date applies 

6.4 Late payment / interest 

In case of late payment, the client shall be automatically in default. From the day after the due date, statutory (commercial) interest shall be owed on the outstanding amount until full payment is made. 

6.5 Reasonable collection costs outside court are borne by the client and determined in accordance with the Dutch Extrajudicial Collection Costs Decree (BIK). 

6.6 The agency may receive payments from brands on behalf of the influencer and remit the influencer’s share after deducting the agreed commission. 

6.7 In case of client default, the agency may suspend obligations and/or terminate the agreement in whole or in part, without prejudice to its right to compensation and collection costs. 

7. Intellectual property

7.1 All IP rights of content remain with the influencer unless expressly agreed otherwise in writing. 

7.2 The influencer grants the agency a non-exclusive, royalty-free license for: agency promotion, presentations to brands and portfolio development. 

7.3 The agency respects IP rights and shall not use content in a manner detrimental to the influencer. 

7.4 Transfer of IP to brands shall be recorded separately in writing. 

Use by Brands: clients are granted only the usage rights specified in the agreement. 

8. Confidentiality

8.1 Parties shall maintain confidentiality of all confidential information during and after the Agreement. 

8.2 Confidential information includes, but is not limited to, financial data, business strategies, client lists and campaign information. 

8.3 Confidentiality does not apply to: public information, independently developed information or disclosure required by law. 

8.4 Confidentiality obligations remain in force during the agreement and for 2 years after termination. 

9. Data protection

9.1 The agency processes personal data in accordance with the GDPR and applicable law. 

9.2 Processing is conducted according to the privacy policy, which the client acknowledges. 

9.3 Purposes include: performance of the agreement, communication, compliance with legal obligations, service improvement and marketing with consent. 

9.4 Sharing data with brands for campaigns requires explicit influencer consent. 

9.5 Data is retained only as long as necessary and respecting statutory retention periods. 

9.6 Clients’ rights include access, correction, deletion, portability and objection to processing. 

9.7 If the agency processes personal data on behalf of the Client, a data processing agreement is concluded. 

9.8 Personal data may also be processed based on legitimate interests where relevant, provided that the rights and freedoms of the data subject are respected. 

10. Liability

10.1 Liability is limited to direct damage, up to the insured amount or received fees in the last 12 months. 

10.2 The agency is never liable for indirect or consequential damages, loss of profit or business interruption. 

10.3 No liability for damage caused by: non-delivery of content, incorrect information, third-party acts, platform changes or technical failures. 

10.4 Exceptions: intentional or reckless acts by the agency or its management. 

10.5 Claims lapse 12 months after discovery. 

10.6 The agency is not liable for decisions of brands or changes to social media platforms affecting campaigns. 

Optional campaign cap: €3,000 per campaign. 

11. Force majeure

11.1 No Party is obliged to perform under circumstances of force majeure. 

11.2 Examples: war, fire, natural disasters, pandemics, strikes, government measures, platform failures, energy or telecom outages. 

11.3 Force majeure exceeding 90 days may lead to written termination without compensation. 

12. Term and termination

12.1 Duration as per individual agreement; otherwise indefinite. 

12.2 Termination by either party with 2 months’ notice unless otherwise agreed. 

12.3 Termination must be in writing. 

12.4 Immediate termination by agency in case of: default, bankruptcy, serious reputational damage or breach of exclusivity. 

12.5 Upon termination: ongoing campaigns completed, commissions retained, confidentiality, IP and liability obligations remain in force. 

13. Amendments

13.1 The agency may amend or supplement these terms. 

13.2 Changes take effect 30 days after notification, unless stated otherwise. 

13.3 Clients who do not agree may terminate the agreement as of the effective date of amended terms. 

 14. Governing law and dispute resolution

14.1 Dutch law applies. 

14.2 Disputes shall first be resolved amicably. 

14.3 If unresolved, disputes fall under the competent court in the jurisdiction of the agency, except for consumer clients, for whom the court of residence applies. 

15. Final Provisions

15.1 These terms replace all previous versions. 

15.2 The agency may transfer rights and obligations to third parties; the client may not do so without written consent. 

15.3 Failure or delay in exercising rights by the agency does not constitute waiver. 

15.4 The Dutch text prevails over translations. 

No Cap Agency – Last updated February 2026