General Terms and Conditions of de Persgroep Publishing nv (dPP)
1. Bookings and rates
A booking is final only upon receipt of an order form returned by the customer clearly and fully completed and signed for agreement. Bookings depend on the availability per medium.
Discounts and premiums never apply to sponsoring and swap agreements, and are not combinable with other premiums, discounts or package formulas. The customer may not cancel an order or ongoing order in the 14-day period prior to the reservation deadline of the medium concerned; if a cancellation occurs in a period of 28 to 15 days before the reservation deadline, 50% of the budget shall be invoiced. Orders for premium insertions or creative formulas may not be cancelled. Changes in an order campaign may be communicated up to the last 3 working days before the reservation deadline of the medium concerned. dPP may refuse substantial changes.
2. Material and publication
The advertising material to be used shall be provided by the client in good time through the channels mentioned on www.persgroepinternational.com. The client shall bear sole responsibility for the quality of the material, which must meet the conditions of the technical datasheet on www.persgroepinternational.com. The client shall renounce any and all possible claims in this respect. If the material is not ready to use, the costs shall be invoiced to the client. In the event of late delivery or material not ready for use, dPP shall not be held liable for technical errors, and the publication or start date or preferred placement shall no longer be guaranteed.
The client shall bear sole responsibility for the content and form of the supplied advertising material. He shall hold dPP unconditionally harmless, at its expense, for all claims by third parties against dPP and at its request shall intervene without delay in proceedings introduced against dPP by a third party. dPP shall be entitled to claim reimbursement from the client of any legal costs, lawyers’ and experts’ fees and compensation and interest that it is ordered to pay. The client shall be responsible for obtaining the prior consent of holders of intellectual property rights (including portrait rights) of all components of the advertising material.
Advertisements drawn up in a language other than that of the publication concerned may be refused by dPP, and shall not be translated by the latter, except at the express request and expense of the client. dPP may destroy the material after the performance of the agreement.
dPP may decide (supported by reasons) to refuse or postpone the publication, without being liable to claim by or compensation for the client. It may indicate, in such a way as it deems appropriate, that the publication or dispatch concerns an advertisement.
All invoices shall be payable to dPP in cash, and shall accrue, as of right and without prior notice, interest at a rate of 1% per commenced calendar month. In addition, dPP shall be entitled to stop ongoing orders immediately, and to increase the amounts of outstanding invoices by a flat-rate contractual compensation of 1%, with a minimum of €50 by way of administrative costs for non-payment, without prejudice to the right of dPP to claim compensation for all ensuing damages. Failure to pay an invoice when due shall make all other invoices, including those not yet due, payable as of right and without prior notice. Any banking or related costs and VAT shall be borne by the client.
Each person who has placed an advertising order, albeit as an intermediary, shall be jointly and severally liable for said advert and for the payment of the invoice, even when said invoice is sent to a third party.
4. Personal details
Processing, by the client, of personal data to which he gains access under an order, shall be limited to an efficient dissemination of his advertisement in the dPP media. He may not keep, reuse or make these personal data available to third parties.
5. General arrangements
These general terms and conditions shall govern the full contractual relationship between de Persgroep Publishing nv (dPP) and the client, with the exclusion of the latter’s general terms and conditions. Any departure or addition shall be agreed expressly in writing. The non-assertion of its rights arising out of these general terms and conditions by dPP shall not be considered as a waiver of its right to do so in the future.
Programmatic advertising deals shall not be governed by these general terms and conditions.
If the client has his registered office outside Belgium, dPP may require election of address for service in Belgium.
dPP shall not be held liable for force majeure which delays or unreasonably hampers or hinders the performance of this agreement. Cases of force majeure shall include strikes, natural disasters, flooding, fire, sit-ins, extreme weather conditions, government measures, technical defects.
Any and all disputes concerning this agreement shall be governed by Belgian law and shall be settled by the competent Brussels Dutch speaking courts. Complaints or protests concerning the placed advertisement shall be lodged by registered letter addressed to dPP within 8 days of publication or receipt of the invoice. Lodged complaints shall not suspend the obligations of payment. The client acknowledges that dPP’s liability shall in each case be limited to the amount invoiced for the advertisement by dPP.