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General Terms and Conditions

Version: June 2026

How good of you to be reading this document!

Naturally, you would like to know the terms and conditions under which you purchase services or products from MailBlue. Not to worry: it is quite a bit of reading material, but we have kept it as straightforward as possible. Are you an expert at reading statutory texts? Then you will find references to them here and there.

MailBlue operates on the basis of business-to-business (B2B) general terms and conditions. This means that MailBlue’s clients consist exclusively of natural persons or legal entities acting in the course of a profession or business. Consumer law therefore does not apply. These terms and conditions are intended to cover all services and products, such as the purchase of software, email and SMS marketing, support, the academy, or your participation in a strategy session, workshop or event.

These general terms and conditions are premised on a win-win situation; they are based on the notion of ‘looking after’ one another. They can always be found on our website mailblue.io/legal. For more information on how we at MailBlue handle your privacy, please consult our privacy policy, which can be found on our website: mailblue.io/legal/privacy-policy/.

Below you can read the terms and conditions under which MailBlue offers its services. At the beginning, the terms that you may encounter in this document are explained, so that no ambiguity can arise in relation to them.

To make the document easier to read, we have chosen in most cases to use the informal ‘you’ form rather than ‘Client’. If any of these terms and conditions are unclear, please do not hesitate to ask questions.

 

We look forward to a pleasant working relationship!

 

With warm regards,

The MailBlue team

Company details
Official name: MailBlue B.V.
Chamber of Commerce (KvK) number: 68740077
VAT number: NL857570869B01

You can reach MailBlue in the following ways:
Email: info@mailblue.nl
Support: login.mailblue.io / info@mailblue.nl 
Address: Akkerstraat 227, 4811 JL Breda, the Netherlands
Website: www.mailblue.nl / www.mailblue.io

 

Definitions

These general terms and conditions contain a number of defined terms, which are explained below:

  1. Account: the personal account on the MailBlue Hub and/or the email marketing account with which you can log in to the environment made available by MailBlue, giving you access to MailBlue’s services.
  2. MailBlue Hub: login.mailblue.io.
  3. Offer: the written or verbal offer made by MailBlue which, upon your acceptance, results in an agreement (as referred to in Section 6:217 of the Dutch Civil Code).
  4. Cancellation: all forms of terminating or rescinding the agreement.
  5. Additional Terms: additional terms and conditions may apply to certain additional or specific services offered. These additional terms are provided upon entering into the relevant service or are available on request, and can be consulted at mailblue.io/legal.
  6. Abroad: all countries other than the Netherlands.
  7. Complaint: a complaint concerning the conduct of MailBlue.
  8. Quotation: any offer made by MailBlue to you in response to a request to carry out an assignment.
  9. Assignment: the service or product supplied by MailBlue. In these terms and conditions, reference is made to both an assignment and an agreement, both of which have the same meaning.
  10. Client:
    1. the natural person acting in the course of a profession or business;
    2. the legal entity (whether governed by private or public law) that enters into an agreement with MailBlue.
  11. Agreement: the written or verbal arrangement or arrangements between you and MailBlue, setting out in writing or discussed verbally which service or product MailBlue will provide, for what fee and on what terms. In these general terms and conditions, reference is made to both an agreement and an assignment, as well as to the Data Processing Agreement, all of which have the same meaning.
  12. In writing: where these terms and conditions refer to ‘in writing’, this also includes electronic communication, such as email, WhatsApp, all conceivable communication via social media, or other forms of automated communication.
  13. Training: this includes, among other things, a masterclass, workshop, webinar, event, etc.
  14. Fee: the remuneration agreed for the assignment.
  15. Data Processing Agreement: an annex to these General Terms and Conditions. This annex sets out the rights and obligations relating to the processing of personal data
 

Clause 1. General matters

  1. These terms and conditions apply to:

    1. every offer,

    2. quotation,

    3. data processing agreement,

    4. additional terms,

    5. agreement,

  between you and MailBlue to which MailBlue has declared these terms and conditions applicable.

  1. These terms and conditions also apply to any follow-up assignments.

  2. You declare that you have taken note of these general terms and conditions and that you agree to them by:

    1. digitally ticking the checkbox provided for that purpose on the website/via the MailBlue Hub;

    2. signing a quotation or agreement; or

    3. giving written or verbal approval of an assignment;

    4. in the case of an agreement entered into verbally, MailBlue will always refer to where these terms and conditions can be found;

    5. using MailBlue’s services.

  3. There may be uncertainty as to the interpretation of one or more provisions of these general terms and conditions, or a situation may arise between us which is not provided for. In that case, the interpretation must take place – as the saying so nicely goes – ‘in the spirit’ of these terms and conditions.

  4. A court may, at any time, declare one or more provisions of these general terms and conditions wholly or partially null and void, or annul them. In that event, however, the remaining provisions of these general terms and conditions shall continue to apply in full.

  5. If the situation referred to in the preceding paragraph arises, we will then make proper arrangements to agree new provisions. These shall replace the void or annulled provisions. In doing so, we shall follow the purpose and intent of the original provisions as closely as possible.

Article 2. How the agreement/assignment is formed

  1. The agreement is formed when you accept MailBlue’s offer, including these general terms and conditions, verbally or in writing.
  2. In addition, an agreement is formed by your actual use of MailBlue’s services.
  3. You cannot hold MailBlue to its quotation or offer if it contains an obvious mistake or clerical error.
  4. Every offer and price quotation by MailBlue is entirely without obligation, unless a period for acceptance has been specified.
  5. Please note that the prices stated in the offer are always exclusive of VAT, unless of course stated otherwise.
  6. If you accept the offer but still have deviating comments, the agreement will only be formed if MailBlue explicitly confirms this.
  7. An offer and a rate apply only to the current assignment.

Article 3. Performance of the agreement

  1. MailBlue shall use its best endeavours to perform the agreement to the best of its knowledge and ability and in accordance with the standards of good professional practice (a best-efforts obligation).
  2. You are responsible for supplying, in a timely and complete manner, the information necessary to enable the Assignment to be carried out. This shall be done both on your own initiative and at MailBlue’s request. Otherwise, MailBlue may suspend performance of the agreement and/or charge you for the additional costs arising from the resulting delay. This shall be done at the rates customary at that time.
  3. You may not claim any discount, compensation or rescission of the agreement, nor reject the (final) result, where there are deviations in the (final) result compared with what was agreed.
  4. MailBlue may at any time adjust or amend the performance of the agreement. In doing so, the agreed assignment will of course be taken into account as far as possible.
  5. MailBlue may implement price changes at any time. We will notify you at least one month in advance where this concerns products or services already purchased.

Article 4. The Additional Terms

  1. Additional Terms apply to certain services offered by MailBlue.
  2. In the event of any inconsistency between these General Terms and Conditions and the Additional Terms, the Additional Terms shall prevail in respect of the specific service to which the Additional Terms relate.
  3. The Additional Terms are available at: mailblue.io/legal.
  4. The Client declares that it has read these Additional Terms and agrees to them.

Article 5. Contract term and deadlines

  1. The agreement between us is entered into for an indefinite period.
  2. The term may also be for a fixed period. This will then be apparent from the nature of the agreement or where we have expressly agreed otherwise in writing.
  3. If MailBlue has agreed or specified a deadline with you for the performance of certain work or for the delivery of certain items, this shall never be a strict deadline (time shall not be of the essence).
  4. If a deadline is exceeded, you must give MailBlue written notice of default and allow a reasonable period within which MailBlue may still perform the agreement.
  5. MailBlue may choose to perform the agreement in various phases. This also means that:
    1. each completed part may be invoiced separately; and
    2. performance of the parts belonging to a subsequent phase may be suspended. This suspension shall continue until you have approved the results of the preceding phase in writing

Article 6. Engagement of third parties

  1. MailBlue may have certain work carried out by third parties, particularly where proper performance of the agreement so requires. Examples include freelancers, specialists, experts, trainers and advisers.
  2. The applicability of Sections 7:404, 7:407(2) and 7:409 of the Dutch Civil Code is expressly excluded.
  3. If, in the context of the assignment, work is carried out by MailBlue or by third parties engaged by MailBlue at your location, or at a location designated by you, you shall provide, free of charge, the facilities reasonably required by those staff.
  4. MailBlue is not obliged to have work carried out by third parties designated by you. Accordingly, you shall not be entitled to any reimbursement from MailBlue for costs you have incurred in engaging third parties.

Article 7. Intellectual property rights

  1. All existing intellectual property rights, and any intellectual property rights that may arise from the assignment, in the results of the assignment shall vest in MailBlue or its licensors. Only MailBlue is entitled to file or register an intellectual property right.

  2. The intellectual property rights – including but not limited to copyright, database rights, domain names, trade name rights, trade mark rights, design rights, related (neighbouring) rights, patent rights, as well as rights to know-how – shall vest in MailBlue. By way of illustration (but not limited thereto), these intellectual property rights relate to the results created by MailBlue in the context of the assignment (such as designs, design sketches, concepts, advice, illustrations, photographs, prototypes, (partial) products, films, (audio and video) presentations and other materials or (electronic) files and the like) of MailBlue, regardless of whether these have been made available to you or to third parties.

  3. MailBlue may install, or have installed, technical measures to protect the intellectual property rights in connection with an agreed limitation on the content or duration of the right of use. It is not permitted to remove or circumvent, or to have removed or circumvented, any such technical measure.

  4. MailBlue has the right to use the knowledge gained through the performance of the work for other purposes. In doing so, MailBlue will of course have due regard for confidential information.

  5. If you fail to comply with the provisions of this article, MailBlue may charge you a reasonable fee to be determined by MailBlue itself. MailBlue may also claim damages.

Article 8. Maintenance & outages

  1. MailBlue may take the services wholly or partially (temporarily) out of service and/or restrict their use where, in its view, this is necessary, for example in order to carry out maintenance. Where MailBlue deems this necessary, it will notify you in advance via status.mailblue.io. If an emergency requires the services to be taken out of service or their use restricted immediately, MailBlue may not be able to notify you in advance, but MailBlue shall use its utmost endeavours to keep you informed as well as possible about the nature and expected duration of the interruption.
  2. In the event of any outages, MailBlue will keep you informed as far as possible via the website: status.mailblue.io.

Article 9. Accounts

  1. Environments: MailBlue provides the Client with access to two environments: the MailBlue Hub (for subscription management, administration and the knowledge base) and the email marketing software (for carrying out email marketing). Via the MailBlue Hub, the Client can access the email marketing software with a single login (SSO).
  2. Account management: The Client is itself responsible for managing the users within its account, including creating, amending and deleting user accounts. MailBlue provides the necessary functionality for this within the MailBlue Hub.
  3. Partners: The Client has the option of linking Partners to its account via the MailBlue Hub. A linked Partner thereby gains direct access to the Client’s email marketing software. The Client is responsible for linking and unlinking Partners and for the actions Partners perform within the Client’s environment.
  4. Security: Accounts are personal and may not be shared. The Client is responsible for keeping its own login credentials and those of its users confidential. MailBlue offers the option of two-factor authentication (2FA); the Client is advised to make use of this. The Client is liable for all use that takes place via the accounts within its environment.
  5. Duty to report misuse: As soon as the Client knows or has reason to suspect that login credentials have fallen into the hands of unauthorised persons, the Client shall notify MailBlue thereof without delay and shall itself immediately take measures, including changing the relevant password. MailBlue may assume that anyone logging in under a username is in fact the authorised user.
  6. Access by MailBlue: For the purposes of support and advice, MailBlue makes use of an impersonation feature enabling MailBlue to gain temporary access to the Client’s account. This feature is used for resolving technical issues, carrying out support requests and providing advice on the use of MailBlue’s services, including proactive monitoring in the context of the services. Its use shall remain limited to what is necessary in the context of the support or advice.

Article 10. Use

  1. The following rules of use apply to the use of communication services for sending messages to third parties. You are responsible for compliance with all applicable Dutch and international laws and regulations, including in any event the GDPR, the Dutch Telecommunications Act and, where applicable, the regulations of the recipient’s country.
  2. Prohibited content (for all channels): It is not permitted to send messages:
    1. to recipients who have not expressly requested them (spam);
    2. with illegal content or concerning illegal products or services;
    3. containing personal or private data of third parties without their consent;
    4. with pornographic or sexually explicit content;
    5. that incite or encourage a recipient to commit criminal offences;
    6. with racist, discriminatory or otherwise offensive content;
    7. containing viruses or other malicious software;
    8. offering escort or dating services;
    9. with “get rich quick” schemes or multi-level marketing content;
    10. with trading tips, forex, cryptocurrency or high-risk investment opportunities;
    11. offering pills, medicines or dietary supplements;
    12. with gambling-related content;
    13. with drug-related content;
    14. that infringe the intellectual property rights of third parties;
    15. with affiliate marketing, loans or lotteries;
    16. sent from “nicknames” or anonymous senders;
    17. with an extremely low open rate or an extremely high unsubscribe rate;
    18. containing links to illegal downloads;
    19. with political content.
  3. Email marketing: MailBlue may check the content of emails upon sending. In such cases, sending will be delayed on business days by a maximum of 24 hours. If the content does not comply with the rules of use, the messages will not be sent and you will be contacted. MailBlue applies a sending limit per subscription, which depends on the plan you have purchased. The sending limit is in all cases at least ten (10) times the contact limit of your subscription. The sending limit applicable to your subscription can be viewed at any time via the MailBlue Hub. In the event that it is exceeded, MailBlue has the right to restrict the sending volume or to scale up the subscription proportionately.
  4. SMS marketing: In addition to the general rules of use referred to in paragraph 2, the following additional conditions apply to SMS marketing. In the Netherlands, you must comply with the GDPR and the Dutch Telecommunications Act, including the prohibition on spam. In addition, the guidelines of the Cellular Telecommunications Industry Association (CTIA) apply, including the CTIA Short Code Monitoring Handbook (version 1.8 or later) and the CTIA Messaging Principles and Best Practices (2019 or later). In addition to the prohibited content referred to in paragraph 2, it is also not permitted via SMS to offer:
    1. credit repair, debt collection, debt consolidation or debt reduction services;
    2. Sweepstakes;
    3. high-risk investment opportunities;
    4. third-party recruitment or job-seeking services.

    In some countries, providers are authorised to impose a fine of up to $10,000 per occurrence for
    breaches of SMS laws and regulations or the CTIA guidelines. As the sender, you are fully responsible
    for compliance with all applicable regulations and for any fines imposed as a result of a breach.

  5. WhatsApp marketing: Additional obligations apply to the use of WhatsApp marketing via MailBlue’s platform. MailBlue uses the official WhatsApp Business API via ActiveCampaign. The WhatsApp Business terms, as published by Meta, apply to this use. When using WhatsApp marketing, the following obligations apply:
    1. messages may only be sent to recipients who have given their express and demonstrable consent (opt-in), in accordance with the requirements of WhatsApp and the GDPR;
    2. all message templates sent must have been approved in advance by Meta/WhatsApp;
    3. it is not permitted to use WhatsApp for bulk or mass marketing without demonstrable prior consent from each individual recipient;
    4. you are yourself responsible for the content of all messages and for compliance with the WhatsApp Business terms, including the restrictions on prohibited product categories and services;
    5. misuse of the WhatsApp Business API may result in the messaging channel being blocked by Meta, for which MailBlue accepts no liability;
    6. messages may only be sent within the conversation windows established by WhatsApp and in accordance with the applicable message categories (marketing, utility, authentication).

    MailBlue reserves the right to check WhatsApp messages for compliance with the above conditions
    and, in the event of a breach, to restrict or terminate the use of the WhatsApp channel.

  6. Enforcement: In the event of a breach of the rules of use in this article, MailBlue has the right to block the relevant sendings, suspend the account or rescind the agreement, without prejudice to its right to damages. MailBlue may recover from you any loss arising from a breach of these rules of use.

Article 11. Breach of contract

  1. If you fail to comply with these general terms and conditions or misuse the service or product, MailBlue may rescind the agreement and/or halt the sendings.
  2. MailBlue may decide to recover this loss from you, provided that MailBlue actually suffers loss as a result of misuse on your part.
  3. MailBlue has the right to refuse, suspend or block an account where there are reasonable grounds for doing so.

Article 12. Payment

  1. The payment obligation arises as soon as an agreement exists.
  2. As a rule, you always pay in advance.
  3. Payment takes place automatically upon entering into a subscription via the MailBlue Hub. This is done by means of a debit from your bank account or credit card. You provide a mandate for this at the time of the first payment.
  4. In other cases, payment shall be made within fourteen (14) days of the invoice date.
  5. During the term of the agreement, you may switch to a more expensive subscription on any day. The remaining amounts will then be set off. Downgrades are implemented at the end of the term of your subscription; no refund is given in respect of these.
  6. Invoicing and payment take place digitally.
  7. If you have objections to the amount of the invoice, you must report them to MailBlue in writing within seven (7) days of receipt of the invoice.
  8. You may not set off any payment owed by you against amounts owed by MailBlue.
  9. Any objections to an invoice (or its amount) do not suspend your obligation to pay the invoice or the undisputed part thereof.
  10. Pay on time. Otherwise, you will be in default from the expiry of the payment term. MailBlue is not required to serve you with a further notice of default for this purpose.
  11. From the moment you are in default, MailBlue is entitled to:
    1. interest of 1% per month, unless the statutory interest rate is higher, from the due date until you have paid the full amount;
    2. the extrajudicial costs as provided for in the Dutch Extrajudicial Collection Costs (Fees) Decree (Besluit Vergoeding voor Buitengerechtelijke Incassokosten, as referred to in Section 6:96(4) of the Dutch Civil Code);
    3. the costs actually incurred, where MailBlue has incurred higher collection costs that were reasonably necessary;
    4. any judicial and enforcement costs incurred;
    5. interest on the collection costs owed.
  12. MailBlue has the right to suspend and/or temporarily block the use of the Services if:
    1. you withdraw the (SEPA) direct debit mandate;
    2. you (repeatedly) fail to pay the invoices sent by MailBlue on time;
    3. there is a deterioration in your solvency giving rise to reasonable doubt as to your ability to pay and your creditworthiness;
    4. misuse or improper use (of the Services) has been identified;
    5. you act in breach of your obligations under the Agreement.
  13. MailBlue may decide to freeze your subscription and/or account activities in the event of non-payment.
  14. MailBlue charges an administration fee of €50 exclusive of VAT for reactivating your account. Reactivation takes place after your overdue payments have been made. MailBlue is not responsible for the retention of data after termination of the agreement, save for the obligations laid down in the Data Processing Agreement.

Article 13. Force majeure

  1. If MailBlue is hindered or prevented from performing, MailBlue shall not be obliged to fulfil any obligation whatsoever towards you. Force majeure shall also include:
    1. force majeure affecting MailBlue’s suppliers;
    2. the improper performance of obligations by MailBlue’s suppliers;
    3. network attacks;
    4. (D)DoS attacks;
    5. attacks by malware or other malicious software;
    6. defects in equipment, software or materials of the Client or third parties;
    7. government measures;
    8. power failures;
    9. failures of the internet, or failures in computer network or telecommunications facilities not under MailBlue’s control;
    10. war;
    11. flooding;
    12. fire;
    13. strikes and general transport problems.
  2. In the event of force majeure on MailBlue’s part, MailBlue shall inform you as soon as possible via status.mailblue.io. In doing so, MailBlue shall inform you of:
    1. the cause,
    2. the nature,
    3. the likely expected duration of the force majeure, and
    4. the provisions of the agreement which, as a result, cannot be performed.
  3. MailBlue shall make reasonable efforts to provide you with an alternative solution if desired.
  4. MailBlue may suspend its obligations under the agreement for the duration of the force majeure. If this period lasts longer than two months, either you or MailBlue may rescind the agreement. In that event, neither party shall be obliged to compensate the other for any loss.
  5. MailBlue may invoice you separately for the part of the agreement already performed or still to be performed. MailBlue shall only do so if, after the force majeure arose, it has already (partially) performed its obligations under the agreement or will be able to perform them. You shall then be obliged to pay this invoice as if it related to a separate agreement.

Clause 14. Termination when purchasing software, email marketing, support, academy

  1. At MailBlue, you can in any event always terminate the agreement early where you have purchased software, email marketing, support or academy services. Where this concerns our main product, the agreement ends at the next renewal date.
  2. A notice period of at least 1 business day before the expiry of your Service does apply.
  3. Termination is effected via the Account on the MailBlue Hub and, where this is not possible, via the email address: info@mailblue.nl.  Where termination is given by email, it must be sent from the Client’s email address known to MailBlue.

Article 15. Other cancellation terms (rescission and cancellation of trainings)

  1. Both you and MailBlue have the right to rescind the agreement immediately, in whole or in part, in writing (whereby all amounts owed to MailBlue become immediately due and payable), where, in respect of the other party, an application is filed for:
    1. bankruptcy;
    2. (provisional) suspension of payments;
    3. or statutory debt restructuring;
    4. or where the other party’s activities are dissolved or liquidated.
    In such a case, MailBlue shall have no obligation to pay any damages or compensation.
  2. Rescission may only be effected by email.
  3. In the event of rescission, amounts already invoiced for work performed shall remain due, without any obligation to undo performance already rendered. In the event of rescission by you, you may only rescind that part of the agreement that has not yet been performed by MailBlue.
  4. Rescission takes effect once MailBlue has confirmed receipt thereof.
  5. The moment of rescission shall be the date and time of receipt of the confirmation email.
  6. No refunds are given for trainings.
  7. It is, however, possible, subject to MailBlue’s approval, to have someone else attend in your place. If you (or your replacement) fail to attend on the day of the training without notice, this will be regarded as a cancellation. It will then no longer be possible to attend on another date or to attend a different training.
  8. MailBlue has the right to cancel or reschedule an appointment where the agreement cannot be properly performed or where there is force majeure.
  9. For individual or one-off appointments that you wish to cancel or reschedule within 48 hours, MailBlue has the right to charge cancellation costs.
  10. Should MailBlue be in attributable breach of the agreement, this shall not give rise to a refund of the agreed price and/or compensation for loss. MailBlue shall make every effort to still perform, without additional costs.
  11. If MailBlue suspends performance of its obligations, it shall retain its rights and claims under the law and the agreement, including its right to payment for the services that have been suspended.
  12. Upon termination or expiry of the agreement, MailBlue offers you the opportunity to export your data at any time during the contract period. You are yourself responsible for exporting your data in good time before the end of the contract period. After the expiry date of the subscription, you can still retrieve your data by reactivating the subscription for a minimum period of 1 month. Reactivation is possible until no later than 6 months after the expiry date. After this period, all submitted or generated data will be permanently deleted no later than 12 months after the expiry date, unless a statutory retention obligation requires longer storage. In that case, the relevant data will be retained solely for the duration of that statutory obligation. The processing of personal data after termination is governed by the provisions of the Data Processing Agreement (Annex 1).

Article 16. Liability and loss

  1. Before bringing any claim, you must consult with MailBlue with a view to reaching a solution.
  2. MailBlue may be held liable by the Client in the event of direct loss caused by demonstrable intent, gross negligence or deliberate recklessness.
  3. Should MailBlue prove to be liable, such liability shall be limited to what is provided for in this article.
  4. Liability is limited to demonstrable, attributable and direct loss. Consequential loss, loss of profit, lost savings, corrupted or lost data or materials, and loss due to business interruption are excluded.
  5. Liability is further limited to the part paid out by MailBlue’s insurance.
  6. Should the insurer unexpectedly not pay out, MailBlue’s liability shall be limited to the subscription fees paid by you over the three months preceding the event giving rise to the loss, up to a maximum of the subscription fees for one subscription period.
  7. In any event, MailBlue cannot be held liable:
    1. for the fact that you have provided incorrect or incomplete information;
    2. for your acts or omissions;
    3. where you have yourself deviated from advice or suggested approaches, or have failed to comply with conditions or requirements imposed, in the broadest sense of the term;
    4. for verbal advice, statements, etc. that have not been put in writing;
    5. for shortcomings of (engaged) third parties;
    6. for force majeure situations;
    7. for any lost revenue;
    8. for loss due to negligence on your part in respect of overdue payments;
    9. for loss of data due to prolonged inactivity of the Account.
  8. Should a third party hold MailBlue liable on the ground that it suffers loss as a result of the performance of the assignment, you shall indemnify MailBlue in that respect. You shall also assist MailBlue in or out of court, should this be necessary.

Article 17. Complaints

  1. Please know that MailBlue does its best to prevent and resolve complaints. The procedure below has been established for that purpose.
  2. In any event, let MailBlue know as soon as possible, but in any case within 5 business days of discovery, if you have a complaint. This enables MailBlue to respond quickly and resolve your complaint as effectively as possible.
  3. You can submit a complaint by email to info@mailblue.nl, accompanied by a clear description of the complaint. You will receive a substantive response to your complaint within 5 business days.
  4. If MailBlue considers the complaint to be well-founded, MailBlue will resolve it to the best of its ability.
  5. Complaints do not entitle you to suspend or set off payments.
  6. Complaints about services provided can never constitute grounds for claiming a discount, damages or rescission of the agreement.

Article 18. Confidentiality and privacy

  1. We are both obliged to keep confidential everything discussed during or in the context of the performance of the assignment.
  2. Information is deemed confidential if this has been communicated by MailBlue or by you, or if it follows from the nature of the information.
  3. The confidentiality obligation does not apply where:
    1. MailBlue is obliged to disclose the information pursuant to the law or a binding decision of a court or government body;
    2. the information becomes generally known;
    3. MailBlue is acting on its own behalf in legal proceedings in which this information may be relevant.
  4. When the Services are used, MailBlue processes personal data on the Client’s instructions. You are responsible for informing contacts about this processing of personal data and you warrant that a lawful basis exists for the processing of (personal) data instructed to MailBlue.
  5. MailBlue is not responsible where the Client has failed to inform contacts about the processing of personal data, or has done so incorrectly.
  6. Because MailBlue processes personal data on your instructions in the performance of the Agreement, the arrangements laid down in the Data Processing Agreement in Annex 1 to these General Terms and Conditions apply to that processing.

Article 19. Amendment clause and availability

  1. MailBlue may amend or supplement these general terms and conditions at any time.
  2. Any amendments to these general terms and conditions shall accordingly apply at all times.
  3. The most current version of the general terms and conditions can always be found on MailBlue’s website: mailblue.io/legal. 

Article 20. Dispute resolution and applicable law

  1. A dispute exists where either you or MailBlue asserts that this is the case.
  2. We will both do everything we can to ensure that it never comes to a dispute. But should this nevertheless happen, we shall first use our utmost endeavours to resolve the dispute by mutual consultation. If this fails, the matter may then be brought before the courts.
  3. The court in the district in which MailBlue has its registered office has exclusive jurisdiction to hear disputes, unless mandatory law provides otherwise.
  4. MailBlue reserves the right to submit a dispute to another court.
  5. The agreement is governed exclusively by Dutch law, including where you are a foreign client or where the agreement is performed abroad.
  6. The Vienna Sales Convention (the United Nations Convention on Contracts for the International Sale of Goods), which concerns international sales contracts, is excluded.
Annex 1: Data Processing Agreement