1.1 These General Terms and Conditions govern the rights and obligations between MKT Hup s.r.o., operating under the marketing brand Marketinghup, and its clients in connection with the provision of marketing, advertising, creative, strategic, analytical, consulting and related services.

1.2 A Client means any natural or legal person who enters into a contract, order, framework agreement, service agreement, work agreement, price offer, proposal, statement of work or any other agreement for the provision of services with Marketinghup.

1.3 These Terms apply in particular to services in the field of PPC advertising, performance marketing, social media management, creative production, graphic design, web design, website development, analytics, tracking, reporting, marketing strategy, consulting and project support.

1.4 These Terms are primarily intended for business-to-business relationships with entrepreneurs and legal entities. If the Client is a consumer, these Terms shall apply only to the extent that they do not conflict with mandatory consumer protection laws.

1.5 Any provisions agreed individually in a contract, order, price offer, proposal document, e-mail confirmation or statement of work shall prevail over these Terms.

3.1 An agreement between Marketinghup and the Client may be concluded in writing, electronically, by signing a contract, confirming a price offer, approving an order, confirming by e-mail, approving a proposal document or by commencing the provision of Services based on the parties’ agreement.

3.2 Acceptance of an offer shall also include a situation where the Client expressly confirms the scope of Services, price or start date of cooperation by e-mail, through a project management tool or by any other demonstrable means.

3.3 Marketinghup is not obliged to commence the provision of Services before the agreement has been concluded, the advance payment or first invoice has been paid, or the necessary Client Materials and access credentials have been provided, if such provision is required for the start of cooperation.

3.4 In the event of a conflict between these Terms and an individually agreed contract, the individually agreed contract shall prevail.

4.1 Marketinghup provides Services within the scope agreed with the Client. The scope of Services may be defined in particular by a contract, order, price offer, proposal document, statement of work, e-mail agreement or project brief.

4.2 The Services may include, in particular:
a) marketing strategy and consulting,
b) PPC campaign management,
c) management of advertising accounts on Google, Meta, LinkedIn, TikTok, YouTube and other platforms,
d) campaign structure, setup, launch and optimization,
e) creation of creatives, graphic assets, banners, videos, advertising copy and visual concepts,
f) social media management and content planning,
g) copywriting, content strategy and advertising texts,
h) landing page creation, web design, UX design and web-related work,
i) analytics setup, tracking, conversion measurement, GA4, GTM, pixels and dashboards,
j) reporting and performance evaluation,
k) project management, supplier coordination and consulting.

4.3 Specific deliverables, number of revision rounds, deadlines, responsibilities and pricing shall be determined by an individual agreement between Marketinghup and the Client.

4.4 Unless expressly agreed otherwise, Marketinghup does not provide legal, tax, accounting, financial, investment, medical or other regulated advisory services.

5.1 As part of PPC and performance marketing, Marketinghup in particular designs campaign structures, sets up campaigns, manages advertising accounts, optimizes performance, prepares advertising copy and creatives, sets up measurement and provides reporting.

5.2 Marketinghup shall manage campaigns professionally, with care appropriate to the nature of the Services, taking into account available data, the Advertising Budget, the Client’s business objectives and the current status of advertising platforms.

5.3 The Client acknowledges that the performance of advertising campaigns is affected by many factors that are not fully under Marketinghup’s control. These include, in particular, the Client’s offer, competition, seasonality, market conditions, advertising costs, website quality, website speed, the Client’s sales process, product, pricing, brand reputation, product availability, tracking, approval by advertising platforms and algorithm changes.

5.4 Marketinghup does not guarantee any specific number of leads, sales, revenue, ROAS, CPA, CPC, CPL, conversion rate, ad position or other specific business results unless expressly agreed in writing.

5.5 Marketinghup may recommend changes to budgets, targeting, creatives, landing pages, offers, websites or the Client’s sales process. The Client is responsible for implementing such recommendations on its side unless agreed otherwise.

5.6 Advertising campaigns may be subject to approval by advertising platforms. Marketinghup is not liable for rejection, restriction, blocking, suspension or changes in the rules of third-party advertising platforms.

6.1 The Advertising Budget shall be paid by the Client separately and is not included in Marketinghup’s Fee unless expressly agreed otherwise.

6.2 The Client is responsible for ensuring that sufficient funds are available in advertising accounts, payment cards or billing profiles of advertising platforms in a timely manner.

6.3 If campaigns are stopped due to an insufficient budget, invalid payment method, rejected payment, account block or any other issue on the Client’s side or on the side of a third-party platform, Marketinghup shall not be liable for any damage or lost profit.

6.4 If Marketinghup pays the Advertising Budget on behalf of the Client based on an agreement, the Client is obliged to reimburse Marketinghup in full according to the issued invoice. Marketinghup is entitled to request an advance payment.

6.5 Fees for third-party tools, licences, hosting, domains, paid plugins, stock photographs, fonts, software or other external costs are not included in Marketinghup’s Fee unless expressly agreed otherwise.

7.1 As part of creative and design services, Marketinghup prepares, in particular, advertising banners, social media graphics, visual concepts, presentations, landing page designs, web design, graphic materials, videos, motion graphics, UGC concepts, brand materials and other creative deliverables.
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7.2 For membership, retainer or ongoing creative services, the scope, capacity, delivery speed and number of active tasks shall be governed by an individual agreement, price offer or the currently agreed package.
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7.3 If a service is described as “unlimited” or similar, this means that the Client may submit an unlimited number of requests during the agreed period. It does not mean unlimited immediate capacity, an unlimited number of simultaneously processed tasks or guaranteed same-day delivery of all requests unless agreed otherwise.
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7.4 Marketinghup processes Client requests according to priorities, available capacity and the complexity of individual tasks. More complex deliverables may require a longer delivery time.
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7.5 The Client is obliged to submit clear requests and provide the necessary materials, brand manuals, texts, dimensions, technical specifications, examples and other information required for the preparation of the deliverable.

7.6 If the Client does not provide a clear brief, Marketinghup is entitled to proceed based on its professional judgment, previous communication, brand materials or standard industry practice.

8.1 Website services may include, in particular, wireframes, UX designs, web design, website development, landing pages, implementation in WordPress, Elementor or other tools, basic technical adjustments, form integrations, analytics, tracking and website launch.
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8.2 The specific scope of website services, number of pages, functionalities, integrations, deadlines, revisions, technical requirements and price must be agreed individually.
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8.3 Marketinghup is not liable for defects caused by hosting, servers, domains, plugins, templates, APIs, external systems, changes made by third parties or interventions by the Client or any other person not under Marketinghup’s control.
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8.4 If the Client requests substantial changes after the approval of a wireframe, design or another project phase, such work may be considered additional work and charged separately.
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8.5 Marketinghup is not responsible for ongoing updates, security, maintenance, backups or website administration after handover unless such service has been expressly agreed.

9.1 The Client is obliged to provide Marketinghup with proper and timely cooperation necessary for the provision of the Services.
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9.2 The Client is, in particular, obliged to:
a) provide truthful and complete information,
b) provide the necessary materials, access credentials and documents,
c) provide access to advertising, analytics, website, CRM and other necessary systems,
d) approve deliverables, campaigns, creatives and texts in a timely manner,
e) inform Marketinghup about changes to products, prices, availability, terms and conditions, legal restrictions or internal processes,
f) ensure that the provided materials do not infringe third-party rights or applicable laws.
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9.3 If the Client fails to provide the necessary cooperation, delivery deadlines shall be extended by the period of the Client’s delay. Marketinghup shall not be liable for delays or their impact on campaign performance in such cases.
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9.4 If the Client fails to provide cooperation for more than 14 days, Marketinghup is entitled to suspend the provision of Services. This does not affect Marketinghup’s right to payment of the agreed Fee.

10.1 The Client is obliged to review and approve deliverables within a reasonable period. Unless agreed otherwise, the period for comments or approval is 5 business days from the delivery or availability of the deliverable.
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10.2 If the Client does not provide comments within the period under Article 10.1, the deliverable shall be deemed approved.
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10.3 The Client’s comments must be specific, clear and related to the originally agreed brief.
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10.4 A revision means an adjustment of the deliverable within the original brief. A substantial change of the brief, concept, scope or a request for a new deliverable shall not be considered a revision and may be charged as additional work.
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10.5 The number of revision rounds shall be governed by the individual agreement. If the number of revisions is not agreed, 2 rounds of revisions per deliverable are included in the price.

11.1 Delivery deadlines are indicative unless expressly marked as binding.
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11.2 Deadlines may be extended especially in case of Client delay, change of brief, failure to provide materials, waiting for approval, third-party intervention, technical issues, force majeure or other circumstances outside Marketinghup’s control.
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11.3 Marketinghup is not liable for delays caused by advertising platforms, software providers, hosting, Client suppliers or other third parties.

12.1 The price of Services shall be governed by the contract, price offer, order, proposal document or other agreement between the parties.
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12.2 Prices are stated exclusive of VAT unless expressly stated otherwise. VAT shall be added according to applicable legal regulations if Marketinghup is a VAT payer.
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12.3 Marketinghup is entitled to invoice Services monthly, as a one-off payment, after the completion of a project phase, in advance or in another agreed manner.
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12.4 Unless agreed otherwise, invoices are payable within 14 days from the date of issue.
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12.5 In the event of late payment, Marketinghup is entitled to charge statutory default interest and suspend the provision of Services until all outstanding amounts have been paid in full.
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12.6 Suspension of Services due to the Client’s payment delay does not affect the Client’s obligation to pay the agreed Fee.
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12.7 If the Client fails to pay an invoice within 15 days after its due date, Marketinghup is entitled to withdraw from the agreement or terminate it with immediate effect.

13.1 For ongoing services, retainers, monthly packages and membership services, the Fee is paid monthly in advance unless agreed otherwise.
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13.2 Unused capacities, hours, deliverables or requests do not roll over to the following period unless expressly agreed otherwise.
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13.3 For monthly Services, the price is paid for available capacity, project management, know-how, ongoing work, optimization, communication and fulfilment of the agreed scope. It is not merely a price for individual deliverables.
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13.4 If the Client does not provide sufficient cooperation or does not submit a sufficient number of requests in a given month, this does not affect the Client’s obligation to pay the agreed monthly Fee.

14.1 Additional work means any work beyond the agreed scope of Services.
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14.2 Additional work includes, in particular:
a) substantial change of brief,
b) additional deliverables outside the agreed scope,
c) additional revisions beyond the agreed number,
d) urgent work outside the standard schedule,
e) work caused by incorrect or incomplete Client Materials,
f) interventions in systems that were not part of the original agreement,
g) solving issues caused by a third party or by the Client’s intervention.
14.3 Additional work shall be charged according to an individually agreed hourly rate or a separate price offer.
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14.4 Marketinghup is entitled to request approval of additional work before commencing it. In urgent cases, approval may be given by e-mail, a message in a project management tool or another demonstrable method.

15.1 The Client is responsible for the truthfulness, completeness and legality of information, claims, offers, prices, discounts, product features, testimonials, health claims or other professional claims that Marketinghup uses in the provision of Services based on the Client Materials.
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15.2 The Client is responsible for ensuring that its products, services, business model, website, terms and conditions, advertising and communication comply with applicable legal regulations.
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15.3 Marketinghup is not obliged to legally verify the Client’s claims, legality of products, health claims, regulatory restrictions, discount campaigns, competitions, terms and conditions or website content unless expressly agreed otherwise.
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15.4 If Marketinghup warns the Client of a possible risk in communication, a campaign or content, the Client is obliged to assess such warning and decide on the next steps. If the Client insists on using risky content, it does so at its own responsibility.
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15.5 Marketinghup is entitled to refuse to implement any campaign, deliverable or content that, in its opinion, may violate legal regulations, rules of advertising platforms, good morals or damage Marketinghup’s reputation.

16.1 The Client acknowledges that part of the Services depends on third-party platforms, their rules, availability, technical possibilities and decisions.
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16.2 Marketinghup is not liable for outages, feature changes, algorithm changes, price changes, ad rejections, account blocks, reach limitations, data loss, integration failures or other interventions by third-party platforms.
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16.3 If a change on the side of a third-party platform affects the provision of Services, Marketinghup shall propose a reasonable solution. Additional work may be charged as additional work.
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16.4 The Client is obliged to comply with the terms of use of third-party platforms. A breach of such terms by the Client may affect Marketinghup’s ability to provide the Services.

17.1 The Client is obliged to provide Marketinghup with the necessary access to advertising, analytics, website, CRM, e-commerce, social media and other systems.
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17.2 Unless agreed otherwise, the Client remains the owner of the advertising accounts, website accounts, analytics accounts and Client data.
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17.3 Marketinghup is entitled to create, set up or manage the Client’s accounts only to the extent necessary for the provision of Services.
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17.4 The Client shall not interfere with campaigns, tracking, ad sets, analytics or website elements without prior agreement if such interference could affect Marketinghup’s work. If the Client makes such interference, Marketinghup shall not be liable for its consequences.
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17.5 After termination of cooperation, Marketinghup shall, at the Client’s request, hand over or remove access permissions to a reasonable extent. Marketinghup is not obliged to provide training, exports, reconstruction or additional technical work after the termination of cooperation unless agreed otherwise.

18.1 Marketinghup provides reporting in the scope and frequency agreed with the Client.
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18.2 Reports may include, in particular, data from advertising platforms, analytics tools, CRM, dashboards and other systems.
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18.3 The Client acknowledges that individual platforms may report different data due to different attribution models, cookies, consent mode, time zones, measurement methodologies or technical limitations.
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18.4 Marketinghup is not liable for data inaccuracies caused by incorrect settings on the Client’s side, tool outages, consent management, cookie blocking, browser changes or limitations of third-party platforms.
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18.5 Reports and recommendations provided by Marketinghup serve as professional marketing evaluation and do not constitute an accounting, tax, financial or legal audit.

19.1 Deliverables created by Marketinghup may constitute copyright works or other intellectual property.
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19.2 Unless agreed otherwise, the Client receives a non-exclusive, time-unlimited and territorially unlimited licence to use final approved and fully paid deliverables for the purposes of its business and marketing communication.
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19.3 The licence to the deliverables is granted to the Client only after all amounts related to the relevant deliverable or Service have been paid in full.
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19.4 The Client is not entitled to modify, sell, transfer, license or provide source files to third parties without Marketinghup’s consent unless agreed otherwise.
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19.5 Source files, working files, know-how, internal processes, templates, strategies, concepts, rejected designs, moodboards, draft versions, accounts, settings and internal Marketinghup documentation are not automatically included in the handover unless expressly agreed otherwise.
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19.6 Rights to materials supplied by the Client remain with the Client. The Client grants Marketinghup the right to use such materials to the extent necessary for the provision of Services.
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19.7 If Marketinghup uses third-party materials in the deliverables, such as stock photos, fonts, templates, plugins or music, their use shall be governed by the licence terms of the respective providers.

20.1 Marketinghup is entitled to list the Client as a reference and use the Client’s name, logo and general description of cooperation in its portfolio, on its website, in presentations, business materials and on social media, unless the Client states in writing that it does not wish this.
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20.2 Marketinghup is entitled to present created deliverables, case studies, campaign results or work samples, provided that it does not breach confidentiality, trade secrets or another individual agreement with the Client.
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20.3 Specific sensitive business results, internal data, budgets or non-public Client information may be published by Marketinghup only with the Client’s consent.

21.1 The parties undertake to maintain confidentiality with respect to all confidential information exchanged in connection with the cooperation.
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21.2 Confidential information includes, in particular, business strategies, budgets, know-how, access credentials, passwords, pricing information, business results, customer data, internal documents, non-public campaigns, product plans and other information that is not publicly available.
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21.3 The confidentiality obligation shall continue even after the termination of cooperation.
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21.4 The confidentiality obligation does not apply to information that is publicly known, was obtained independently without breach of confidentiality or must be disclosed under applicable law or a decision of a public authority.

22.1 Each party is responsible for complying with its obligations under personal data protection laws.
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22.2 If Marketinghup processes personal data on behalf of the Client during the provision of Services, such as data of leads, customers, website visitors or CRM contacts, the Client usually acts as the controller and Marketinghup as the processor.
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22.3 In such case, the parties undertake to enter into a separate data processing agreement or include data processing provisions in the main agreement.
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22.4 Marketinghup processes personal data only to the extent necessary for the provision of Services and according to documented instructions of the Client, unless legal regulations provide otherwise.
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22.5 The Client is responsible for having a legal basis for personal data processing, properly informing data subjects, and ensuring that the use of cookies, pixels, analytics, remarketing and marketing tools complies with applicable legal regulations.
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22.6 Marketinghup is not liable for the setup of cookie banners, consents, privacy policies, the Client’s terms and conditions or legal wording on the Client’s website unless this service has been expressly agreed.

23.1 Marketinghup shall be liable to the Client only for damage caused by a breach of its contractual obligations.
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23.2 Marketinghup shall not be liable for indirect damage, lost profit, loss of business opportunities, data loss, reputational harm, penalties imposed by third-party platforms, decline in campaign performance, advertising account outages or consequences of the Client’s decisions.
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23.3 Marketinghup’s total liability for damage arising in connection with the agreement is limited to the amount corresponding to the Fee paid by the Client to Marketinghup for the last 3 months of Services before the damage occurred, unless applicable law provides otherwise.
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23.4 The limitation of liability does not apply to damage caused intentionally or through gross negligence, where such limitation is not permitted by law.
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23.5 The Client is obliged to take reasonable steps to prevent damage and minimize any damage incurred.

24.1 The Client is obliged to notify Marketinghup of defects in deliverables without undue delay, no later than 5 business days from their delivery or availability.
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24.2 A defect claim must include a specific description of the defect and the requested method of resolution.
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24.3 Subjective dissatisfaction with the creative direction shall not be considered a defect if the deliverable corresponds to the approved brief.
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24.4 Lower campaign performance shall not be considered a defect if Marketinghup provided the Services professionally and in accordance with the agreed scope.
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24.5 If a defect claim is justified, Marketinghup shall remove the defect within a reasonable period or propose another suitable solution.

25.1 The agreement may be terminated by mutual agreement, expiry of the agreed term, notice of termination or withdrawal from the agreement for reasons set out in the agreement or applicable law.
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25.2 For monthly Services, retainers and membership services, either party may terminate the agreement with a notice period of 1 month unless agreed otherwise. The notice period begins on the first day of the calendar month following delivery of the notice.
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25.3 If a service is agreed as “cancel-anytime”, the Client may terminate it at the end of the current billing period unless agreed otherwise.
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25.4 Marketinghup is entitled to terminate the cooperation with immediate effect if the Client:
a) is in payment delay,
b) does not provide the necessary cooperation,
c) breaches the agreement or these Terms,
d) requests the implementation of illegal, unethical or reputationally risky content,
e) repeatedly behaves towards Marketinghup or its team in an inappropriate, offensive or unprofessional manner,
f) interferes with campaigns or systems in a way that prevents proper provision of the Services.
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25.5 Termination of the agreement does not affect the Client’s obligation to pay for already provided Services, work in progress, additional work, external costs and other amounts due.

26.1 After termination of cooperation, Marketinghup shall hand over to the Client the final paid deliverables within the scope agreed in the agreement.
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26.2 Marketinghup is not obliged to hand over source files, working files, internal documentation, know-how, templates, internal processes, rejected designs or draft concepts unless agreed otherwise.

26.3 After termination of cooperation, Marketinghup is not obliged to continue campaign management, monitoring, website maintenance, updates, optimization, repairs, training or technical support unless a separate service has been agreed.

26.4 The Client is responsible for arranging in advance an administrator for advertising accounts, website, analytics, CRM and other systems if it wishes to continue using them after termination of cooperation.

27.1 The Client may request a change to the brief. Marketinghup shall assess the impact of such change on the price, deadlines and scope of Services.
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27.2 If a change to the brief requires additional work, it shall be charged as additional work.
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27.3 If the Client suspends the project or fails to provide cooperation for more than 14 days, Marketinghup is entitled to suspend the project and invoice the work performed to date.
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27.4 Re-activation of a suspended project may be subject to payment of outstanding amounts, a new schedule or a re-activation fee, if agreed.

28.1 Communication between the parties shall take place mainly by e-mail, phone, video calls, project management tools or other agreed communication channels.
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28.2 The official contact e-mail of Marketinghup is info@marketinghup.com, unless another contact e-mail has been agreed with the Client.
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28.3 The Client is obliged to appoint a contact person authorized to submit requests, approve deliverables and make project decisions.
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28.4 Any approval, comments, brief or confirmation sent by the Client’s contact person shall be considered binding on the Client.

29.1 Marketinghup shall not be liable for failure to perform or delay in performing its obligations caused by force majeure.
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29.2 Force majeure includes, in particular, natural disasters, fires, wars, terrorist attacks, epidemics, internet outages, outages of third-party services, cyberattacks, supplier failures, decisions of public authorities or other unforeseeable circumstances outside Marketinghup’s control.
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29.3 During the period of force majeure, performance deadlines shall be extended accordingly.

30.1 During the term of cooperation and for 12 months after its termination, the Client undertakes not to directly or indirectly employ, hire, solicit or enter into cooperation with Marketinghup’s team members, employees, collaborators, freelancers or suppliers with whom the Client came into contact in connection with the cooperation, without Marketinghup’s prior written consent.
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30.2 In the event of breach of this obligation, Marketinghup is entitled to claim a contractual penalty of CZK 250,000 for each individual breach. This does not affect Marketinghup’s right to claim damages exceeding the contractual penalty.

31.1 Marketinghup reserves the right to refuse to provide Services for products, services or communication that are illegal, misleading, discriminatory, unethical, damaging to Marketinghup’s reputation or contrary to the rules of advertising platforms.
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31.2 The Client is obliged to inform Marketinghup of all regulatory restrictions applicable to its products, services or industry.
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31.3 The Client is responsible for ensuring that its marketing communication, offers, discounts, competitions, health claims, financial claims and other commercial communications comply with applicable legal regulations.

32.1 These Terms and all contractual relationships between Marketinghup and the Client shall be governed by the laws of the Czech Republic.
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32.2 The parties undertake to resolve any disputes primarily amicably.

32.3 If a dispute cannot be resolved amicably, it shall be settled by the competent court of the Czech Republic according to the registered office of Marketinghup, unless applicable law provides otherwise.

33.1 Marketinghup is entitled to amend these Terms unilaterally.

33.2 The new version of the Terms shall be published on Marketinghup’s website or communicated to the Client in another appropriate manner.

33.3 For agreements already concluded, changes to the Terms shall apply only if the Client agrees to them or if this follows from the agreement or applicable legal regulations.

34.1 If any provision of these Terms is invalid or ineffective, this shall not affect the validity and effectiveness of the remaining provisions.
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34.2 The parties undertake to replace any invalid or ineffective provision with a valid and effective provision that corresponds as closely as possible to the original purpose.
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34.3 These Terms become effective on 1.1.2026.

In Prague on 1.1.2026
‍For MKT Hup s.r.o.
‍Peter Giezman‍
‍Founder