Financial Investigator Publishers B.V.
KvK-number: 58.05.21.19
1: Definitions
In these general terms/conditions the concepts listed below have the following meaning:
-Client: the (legal) person commissioning the order;
-Publisher: Financial Investigator Publishers B.V., domiciled in Amstelveen;
-Contract: the contract, by which Financial Investigator Publishers B.V. commits itself to perform the agreed activities for the client.
2: Applicability
2.1: These general terms/conditions do apply to all contracts and/or special offers from the publisher with regard to advertisements, special covers, interviews, (sponsored) articles, translations, participations in Round Table-conferences and Seminars, unless the publisher has explicitly deviated from this in writing.
2.2. A contract can only be changed in writing.
2.3. The general terms/conditions of the client are explicitly rejected.
3: Annulment
3.1. The publisher has the right to annul the contract if the client does not give the publisher the opportunity to carry out the assignment, or if the client does not fulfill the obligations of the contract, regardless of force majeure. Under no conditions the publisher will be held accountable for the restitution of the costs, but her right to demand compensation will remain in full force.
4: Term of payment and collection fee
4.1. The publisher will send an invoice, after the publication of the edition of Financial Investigator which carries the contribution. This invoice will be accompanied by a copy of the respective issue of Financial Investigator.
4.2. The amount agreed on will be paid within 20 days of the date of invoice.
4.3. If the client does not pay in time, he will be in default and will have to pay the legal interest. The publisher will then be entitled to demand payment of a collection fee, amounting to 15% of the principal amount, with an absolute maximum of €250.
4.4. The publisher is entitled to postpone performance as long as the client does not fulfill his obligations towards her.
5: Liability
5.1. The publisher is not liable for any damage, including indirect damage and collateral damage, which is caused by the non-observance of the contract by the publisher. Whenever the publisher has failed demonstrably in her duties by the non-publishing or incorrect publishing of contributions, she is only accountable for the amount stated in the contract – respectively the part of the contract that was carried out incorrectly. Apart from that the publisher is not liable for damage an account of printing or writing faults, if these are attributable to material which is not delivered conform the instructions from the publisher as meant in article 6.1.
5.2. The publisher is not liable for any damage to the client on account of force majeure on the part of the publisher, among which - but not limited to – strikes, which may cause the entire or partial obstruction or prevention of the publication of advertisements, or the distribution thereof.
5.3. All claims from the client on the publisher will expire after a year has passed since the client became aware of or could reasonably have been aware of the existence of these claims.
6: Delivery of material
6.1. The client sees to the timely delivery of (technically) usable, complete and undamaged material, in accordance with the directions of the publisher (including directions regarding technical specifications, if digitally delivered). If the publisher decides that the material has not been delivered correctly, the client loses the right to placement, 24 hours after the publisher allowed him to review the material. In that case the agreed price is still due.
6.2. The publisher handles this material with the usual care.
6.3. The material will be returned by the publisher only if the client requests her to do so.
7: Refusal of material
7.1. The publisher has the right to refuse a contract or a contribution, to cancel these or to postpone the execution thereof. This will not lead to claims upon the publisher, if this occurs on account of:
a. technical objections;
b. infringement of the editorial integrity;
c. content, nature, purpose or form of the contribution concerned;
d. the reasonable anticipation of default;
e. any other fundamental reason.
8: Safeguarding
8.1. The client safeguards the publisher against claims concerning rights of intellectual property and other rights, from third parties or others, on material which is delivered by the client.
9: Final clauses
9.1. All disputes of any kind between parties will be taken to the competent judge in Amsterdam.
9.2. Dutch law is applicable on all contracts and these general terms/conditions.
9.3. The Publisher is entitled to amend or supplement the general terms and conditions. Minor changes of minor importance can always be made.
Thus laid down and deposited on the 15th of May 2019 in Amsterdam with the Chamber of Commerce of Amsterdam, no. 58.05.21.19