The following provisions govern the execution of all orders for the placement of advertisements in the broadest sense. Placing an order with the company implies waiving the order conditions of the client. These conditions can only be deviated from with the explicit written agreement of the company.
1. CLIENT AND RESPONSIBILITY
1.1. Advertisements are published at the sole responsibility of the client. The client indemnifies the company against any claim that could be initiated against the company or its respective publisher following the execution of the order, and shall reimburse all costs incurred by the company in this context, such as the space taken up by a right of reply.
1.2. The client may only forward material for which he has obtained all rights (intellectual property rights, portrait rights, etc.).
1.3. If a court order is issued to insert a text, the cost price of the publication will be charged to the person who gave the instruction for placement, at the applicable rate conditions.
1.4. If the client does not have a domicile in Belgium, the company may require that the order be given by a person with domicile in Belgium.
1.5. The company is entitled to include a number or some other indication, or clearly indicate in any other way that this is an advertisement, and always has the right to disclose the identity of the client.
2. RIGHT OF REFUSAL
The company has the discretionary right to suspend, discontinue or refuse the insertion of an order without being obliged to substantiate its decision and without any compensation being due, even after the advertising departments have already accepted this order or have already started its execution. The acceptance of an order is always subject to the suspensory condition of approval by the management of the company.
3. PROHIBITION OF RESALE AND EXPLOITATION
3.1. Advertising space may not be resold in any way whatsoever or be made available to third parties in any other way, unless with the express written agreement of the company.
3.2. The client shall refrain from any exploitation and, in more general terms, any processing of personal data – i.e., any data that identifies physical persons or make it possible to do so – either directly or indirectly, immediate or deferred, that is not strictly limited to the efficient distribution of the advertising he has placed on the website(s) of the company. In the case of non-compliance, the company reserves the right to cancel the order without prejudice to its right to the full payment of the order.
4.1. A higher price in accordance with the rate conditions will be charged for special requests in connection with the placement (specific days, special location or page).
4.2. Insertion in a specific place or on a particular day, or exclusivity on the page, cannot be guaranteed. All instructions of this type will be considered as wishes, which will be taken into account to the extent possible. Under no circumstances can non-compliance with such wishes give rise to any compensation or to a reduced price.
4.3. For technical printing reasons, it may not always be permitted to publish an advertisement exclusively in one specific medium. If a single rate is provided for simultaneous publication in different media, this cannot be split, and the full price will be due, even if publication in a single medium was desired.
5. MATERIAL AND METHOD OF EXECUTION
5.1. Material must be provided in time and comply with the technical specifications.
5.2. The company has the right to adapt material that is not suitable for use, but this cannot be considered to be an obligation for the company. Any costs associated with such adaptations will be charged to the client.
5.3. Under no circumstances can shortcomings that are the result of non-conforming material or late delivery give rise to a price reduction, re-insertion or compensation in any form whatsoever.
5.4. In principle, advertising orders must be communicated in writing or electronically. If an order was communicated by telephone, verbally or by fax, the company cannot be held liable for any alleged errors in the execution.
5.5. The company bears no responsibility for damage to any material provided by the client during the processing.
5.6. The material will be held available for the client for up to one month following the insertion, after which it will be destroyed.
5.7. If the client leaves the layout of an advertisement to the company, the layout costs will be charged to him. If the client does not give any specific instructions, the company cannot be held liable for the manner in which the company has conceived the layout.
The company can refuse advertisements that are provided in a language other than that of the medium.
7.1. The client cannot cancel or interrupt an order or an order that is in progress; the order will be invoiced in full.
7.2. If a volume discount was obtained in anticipation of the placement of a certain number of advertisements and that number is not achieved, either because no new advertising orders are received or because the payment was stopped and further advertisements will not be placed, the company is entitled to charge the amount of the discount that was already granted.
The advertisements are charged at the rate that is applicable at the time of placement. The company has the right to change the advertising rates and/or the format at any time. The current rates can be found on the website of the company.
Deviations with regard to the quality, colours and dimensions of advertisements that are specific to the nature of the reproduction and the (printing) technique used are expressly accepted by the client.
9. PAYMENT CONDITIONS
9.1. The invoices must be paid into the bank account of the company or at the company’s registered office. Any charges and taxes, transaction costs and VAT will be charged to the client. Bills of exchange or cheques are not accepted as payment method.
9.2. The company is always entitled to require advance payment of the invoices. Unless otherwise agreed, the invoices must be paid within 30 days of the invoice date. In case of non-payment of one invoice on the due date, the company has the right to suspend any advertisements that are in progress without further notice, with retention of its rights and without being liable to pay any compensation.
9.3. If an invoice is not paid on the due date at the latest, default interest will automatically be charged on the outstanding invoice amount from the date of the invoice, without any prior notice of default, at the interest rate stipulated by the Law regarding late payment in commercial transactions, as well as a lump sum compensation of 10% on the total amount of the invoice, with a minimum of 50 euro.
9.4. If the client has requested that the invoice be drawn up in the name of a third party, and the company has complied with this request, the company will still be entitled to claim the amount due from the original client if the invoice to the third party is not paid on the due date. The same applies if the company has accepted a request for crediting and invoicing to a third party.
10. COMPLAINTS AND RESPONSIBILITIES
10.1. Complaints regarding the publication must be submitted in writing within five working days following publication.
10.2. Complaints regarding the invoices must be submitted in writing within 14 days of the invoice date, stating the invoice number.
10.3. The company will never be liable for circumstances beyond its control that result in the execution of the order being delayed or becoming impossible, such as a strike, flood, fire, technical problems in the printing plant, distribution issues and other force majeure situations.
10.4. Mistakes, printing errors, poor or unclear reproduction of text and/or images and a smaller volume or reach than usual cannot give rise to compensation or a reduction in price, unless the client can prove an intentional or serious error on the part of the company.
10.5. Without prejudice to what is stipulated above, the company will never be liable to pay more compensation than the countervalue of the price the company could charge for the advertising order, unless evidence of an intentional error is provided.
11. DOMICILIATION OF ADVERTISEMENTS (“ADDRESS OF THE NEWSPAPER”)
If the client who orders the insertion of an advertisement to which a reply is possible wishes to remain anonymous, he can have the responses to the advertisement that he placed addressed to the company. In this case, the responses will be kept available for the client for 15 days following the publication of the client’s last advertisement. If the forwarding of the responses is requested, this will be done at the risk and expense of the client. Once the period of 15 days has expired, the company may destroy this correspondence. Printed advertising matter and mailings will not be forwarded.
12. COMPETENT COURT AND APPLICABLE LAW
12.1. Belgian law is always applicable, to the exclusion of international treaties that would lead to the application of another legal system.
12.2. Only the Courts of Hasselt will have jurisdiction with respect to any dispute concerning the validity, interpretation or execution of this agreement.
These general terms and conditions are applicable from 23/11/2016.