A. General provisions
1. Definitions
2. Scope
2.1 These Terms and Conditions apply to all offers, quotations, order confirmations, orders, and agreements of Sijthoff Media, whether or not established in writing.
2.2 These Terms and Conditions consist of general provisions and the special conditions listed below. Multiple sets of special conditions may apply to an Agreement with Sijthoff Media:
B Conditions for advertising
C Conditions for publication
D Conditions for subscriptions
E Conditions for the use of the on-line platform and the on-line portal
F Conditions for participation in events
G Conditions for partners events
H Conditions for training
I Conditions for in-company training
J Complaints procedure
2.3 In case of any discrepancies between the general provisions and the special conditions, the special conditions prevail.
2.4 If one or more of the provisions in these Terms and Conditions are void or were to be annulled, the other provisions of these Terms and Conditions remain fully applicable. Sijthoff Media and the Counterparty will in such case enter into consultations in order to establish (a) new provision(s) to replace the void or annulled provision(s), whereby the purpose and tenor of the original provision(s) are observed as much as possible.
2.5 Derogations from and additions to the Agreement and these Terms and Conditions are exclusively valid if established in writing by Sijthoff Media and the Counterparty.
2.6 By entering into an Agreement with Sijthoff Media, the Counterparty waives any conditions applied by the Counterparty, under any title, and consequently all agreements with Sijthoff Media are exclusively subject to the Terms and Conditions applied by Sijthoff Media.
2.7 Sijthoff Media have the right to modify these Terms and Conditions. Substantive changes become effective one (1) month after announcement and as from that day apply to all Agreements to be concluded between Sijthoff Media and the Counterparty, and to all Agreements that are effective and still ongoing between parties, to the extent these are implemented after the effective date.
3. Offers and adoption and implementation of the Agreement
3.1 All offers made by Sijthoff Media are non-committal, unless expressly stated otherwise in the quotation or offer; offers are made on the basis of availability, and subject to intermediate price changes. Offers and quotations do not automatically apply to future Agreements.
3.2 Quotations are based on such information as may have been provided by the Counterparty upon application. The Counterparty guarantees to have provided all essential and relevant information.
3.3 Without prejudice to the preceding, Sijthoff Media’s quotations and offers are effective for 30 days from the day the offer or quotation sent or any time sooner as indicated in the offer or quotation.
3.4 Sijthoff Media can reject an order without stating reasons and in such case is not liable for any damage that arises and/or will arise from such rejection.
3.5 The Agreement is only adopted through Sijthoff Media’s written (order) confirmation or through the factual execution by Sijthoff Media. Changes to orders only bind Sijthoff Media to the extent these changes have been confirmed in writing by Sijthoff Media or have factually been carried out by Sijthoff Media. A combined price quotation does not oblige Sijthoff Media to carry out a part of the order against a corresponding share of the price listed.
3.6 Sijthoff Media shall make an effort to carry out the Agreement to the best of their knowledge and ability and to deliver the established activities within the time frame established.
3.7 Established delivery times shall never be considered strict and fatal deadlines, unless expressly established. Unless established otherwise in writing, an overrun of the stated delivery time does not entitle the Counterparty to rescind the Agreement and/or to obtain compensation of damages. The simple overrunning of a delivery time mentioned or established does not entail Sijthoff Media’s default. In case of late delivery, the Counterparty must declare Sijthoff Media’s default in writing.
3.8 Sijthoff Media are not bound by deadlines, whether final or not, that can no longer be met due to circumstances outside their sphere of influence that have occurred after adoption of the Agreement. Nor are Sijthoff Media bound by a delivery time, whether or not final, if Parties have agreed on a change of the substance or scope of the Agreement. Sijthoff Media have the right to fulfil the performance(s) owed by them in parts. The delivery time submitted by Sijthoff Media will be effective from the moment that all information required for the execution of the order has been received completely by Sijthoff Media.
3.9 All listings and/or statements by Sijthoff Media with respect to their products and/or services (such as print runs, format, publication frequency, printing process, size and nature of the address database, number of subscriptions or print runs respectively, weights, size per number, reach and number of exhibitors, visitors and other participants at events and so on) are made to the best of their knowledge, however, are not binding. Deviations and/or changes of any nature or scope whatsoever are therefore expressly reserved by Sijthoff Media. Sijthoff Media have the right at all times to change the format, the frequency, the manner of offering or distribution respectively, and the editorial/substantive or promotional/commercial content and/or formula at own discretion, while this shall not entitle the Counterparty to change or terminate the Agreement.
3.10 Upon the implementation of the Agreement, Sijthoff Media have the right to make use of third parties selected by Sijthoff Media. The choice for such third parties that may be deployed will, to the extent possible and reasonable, be determined in consultation with the Counterparty. Liability for errors and/or shortcomings of these deployed third parties is hereby excluded. The Counterparty authorises Sijthoff Media to accept terms and conditions and liability limitations from third parties on behalf of the Counterparty.
4. Rates and prices
4.1 Sijthoff Media have at all times the right to change the established rates and/or prices. The rate and/or the price effective at the time of implementation of the Agreement by Sijthoff Media is decisive.
4.2 If the Counterparty is a natural person and not a Party acting in the exercise of a profession or business and Sijthoff Media increase the rate and/or the price within 3 months after conclusion of the Agreement, the Counterparty has the right, within three business days after the date of signing of the notification, to rescind the Agreement by way of an extrajudicial statement by the date on which the adjustment would become effective, unless the price increase is too small to justify the rescission. In case of rescission of the Agreement, the Counterparty is obliged to fully compensate the performances already delivered by Sijthoff Media. With respect to a Counterparty acting in the exercise of a profession or business, this Counterparty has the right referred to in this article if the price increase exceeds 10%.
4.3 All rates and/or prices are listed in Euros, exclusive of VAT and/or other government-imposed levies, as well as exclusive of transport, freight, shipping and delivery costs, or travel and accommodation costs, unless expressly stated otherwise in writing. If factors deciding the price of cost, such as exchange rates, import duties, insurance and freight rates, margin arrangements or purchase prices change, Sijthoff Media have the right to correspondingly adjust the rate and/or the price.
5. Payment
5.1 Sijthoff Media’s invoices must be settled within fourteen days after invoice date on the bank account indicated by Sijthoff Media, unless expressly established otherwise. Any right to offset, suspend, or deduct a payment shall be excluded.
5.2 The Counterparty can only object against an invoice in writing, and on pain of its right lapsing, within the relevant payment term. Contesting the invoice does not suspend the payment obligation of the Counterparty, however.
5.3 If payment is not made timely, the Counterparty shall be in default by law and the total amount owed to Sijthoff Media payable on demand and in full, without any warning or default notice, and regardless of other payment arrangements. Sijthoff Media have the right in such case to suspend their activities for the Counterparty. A payment arrangement in instalments established in writing can be revoked by Sijthoff Media if the Counterparty fails to timely comply with the established payment terms. Without prejudice to its other obligations, the Counterparty shall be due interest on the payments still outstanding of 1.5% per month from the due date of the invoice until the day of general settlement, unless the statutory commercial interest rate applies and is higher, in which case the statutory commercial interest rate is due.
5.4 In case of failed or late payment, all judicial procedural and enforcement costs, as well as the administration costs and extrajudicial collection costs are borne by the Counterparty. The extrajudicial collection costs amount to 15% of the invoice amount, with a minimum of one hundred Euros (EUR 100).
5.5 Payments by or on behalf of the Counterparty successively serve to settle the extrajudicial collection costs owed by him, the legal costs, interest owed, and subsequently, by order of age, the outstanding invoices, regardless of any indication to the contrary by the Counterparty.
5.6 Both before and after adoption of the Agreement, Sijthoff Media shall at all times be entitled to demand security for payment or payment in advance under suspension of the implementation of the Agreement by Sijthoff Media, until the security has been provided and/or the advance payment has been received by Sijthoff Media, without prejudice to Sijthoff Media’s right to compliance, to compensation of damages and/or to the rescission of the Agreement by Sijthoff, in whole or in part, without any court intervention, and without Sijthoff Media being obliged to provide any compensation of damages on such account.
6. Retention of title
6.1 The title to all products delivered and material delivered shall be vested with Sijthoff Media until the moment of receipt of full payment of is the amount owed by the Counterparty to Sijthoff Media with regard to any delivery, also including the interest and costs as referred to in article 5.5 of these Terms and Conditions. The title to the products delivered and to be delivered to the Counterparty is also reserved to Sijthoff Media with regard to any possible future claims on the Counterparty on account of the sale and transfer of products under the Agreement.
6.2 The Counterparty must immediately notify Sijthoff Media if:
a) third parties make claims or attempt to take control of products falling under the retention of title, or to levy an attachment on such products, or assert rights to these products in any other respect;
b) (provisional) suspension of payments or a debt-restructuring scheme is requested by or granted to Counterparty, also under the law on the debt restructuring of natural persons (‘Wet Schuldsanering Natuurlijke Personen’), or any (payment) arrangement is made with the creditors of Counterparty;
c) an attachment (or garnishment) under warrant of execution is levied against Counterparty or a preservation order against Counterparty is not lifted within 30 days after the attachment and/or
d) the Counterparty’s bankruptcy is filed for or the Counterparty is declared bankrupt.
6.3 The Counterparty grants permission to Sijthoff Media to enter at all hours (i.e. also outside the regular working hours of Counterparty) the area(s) where the products are located so as to take possession, under appeal to their retention of title, of the products and to recover them.
6.4 The Counterparty must properly insure, at its own expense, the products falling under the retention of title of Sijthoff Media against normal business risks.
6.5 The Counterparty is obliged to keep the material and/or products delivered under retention of title with all due diligence, and as the recognisable property of Sijthoff Media.
6.6 For as long as the property of the material and/or products delivered has not passed to the Counterparty, the Counterparty shall not be allowed to transfer the title to the materials and/or products to third parties, to pawn the same, or to encumber these in any other manner, dispose of them or assign the use of them to third parties, under any title whatsoever, unless established otherwise in writing.
6.7 If the Counterparty acts as a reseller, Counterparty may resell and deliver the materials and/or products that are subject to the retention of title of Sijthoff Media, but only to the extent customary in the ordinary course of its business..
6.8 Upon the first written request of Sijthoff Media, the Counterparty must provide sufficient security for full compliance with all its (payment) obligations towards Sijthoff Media.
7. Suspension, termination, and rescission
7.1 Without being obliged on such account to provide any compensation of damages, with immediate effect and without court intervention, Sijthoff Media may suspend compliance with all their contractual obligations and/or terminate their Agreement with the Counterparty in whole or in part, or rescind it, if:
a) the Counterparty requests suspension of payments, its bankruptcy or a debt-restructuring scheme, or is declared bankrupt, or offers a settlement outside of bankruptcy, or an attachment is levied on any part of its property and/or assets;
b) the Counterparty ceases its activities, stops pursuing the purpose stipulated by its articles of incorporation, decides to liquidate, forfeits its legal personality otherwise, or transfers or merges its company;
c) the Counterparty does not, does not timely, or does not properly comply with one or more obligations arising from the relevant Agreement and it has not eliminated this shortcoming within seven calendar days after having been urged to do so in writing by Sijthoff Media;
d) the Counterparty is placed under forced administration or in receivership, or in case of the Counterparty’s death;
e) Sijthoff Media ceases the publication of the relevant product or the provision of the relevant service.
The provisions above in section a, b, and c shall not affect the other powers accruing to Sijthoff Media by law in case the Counterparty fails to comply, such as the power to demand compliance and/or full compensation of damages.
7.2 If the Agreement is terminated pursuant to one of the situations referred to in this article, or it is rescinded, Sijthoff Media’s claims on the Counterparty will be instantly payable. If Sijthoff Media suspend compliance with the obligations, they shall retain their entitlements pursuant to the law and the Agreement.
7.3 In case of the cancellation, rescission, or intermediate termination of the Agreement, the provisions that by their nature survive the end of the Agreement remain effective between the Parties, even after termination, also including, though not limited to, provisions regarding Intellectual Property, confidentiality, applicable law, and dispute settlement.
8. Force majeure
8.1 If according to the reasonable judgment of Sijthoff Media, compliance, as a result of Force Majeure, which refers to a circumstance outside its sphere of influence of both a permanent and temporary nature, by Sijthoff Media is or will not be possible without shortcomings, they have the right to terminate the Agreement in whole or in part, or to temporarily suspend the implementation of the Agreement, without being obliged to provide any indemnity in any manner. In case a situation of force majeure has continued for more than thirty days, Sijthoff Media have the right to rescind the Agreement in writing in whole or in part.
8.2 If, upon the occurrence of Force Majeure, Sijthoff Media have already partially fulfilled their obligations, or are only able to fulfil their obligations in part, they have the right to separately invoice the part already delivered or the deliverable part respectively, and the Counterparty will be obliged to settle this invoice as if it were related to a separate contract.
9. Intellectual property rights
9.1 The IP rights and similar rights are exclusively vested with Sijthoff Media and/or their licensors. The delivery of products and/or services does not entail any transfer of rights of Intellectual Property. Nothing from the publications, material, training, or products of Sijthoff Media may be multiplied and/or disclosed in any manner without the express prior written consent of Sijthoff Media and/or their licensors.
9.2 Sijthoff Media reserve the right to shorten (parts of) publications and other information or commercial products, to give them a different form, combine them, or lay them out and distribute them in a different way, in the widest sense of the term.
9.3 The Counterparty declares and guarantees in respect of Sijthoff Media that all the materials supplied by it to Sijthoff Media, including, however, not limited to text, imagery, film footage and speech recordings do not violate any right of Intellectual Property or any other third-party right. Sijthoff Media also have the right to (re-)use these materials in whole or in part on all of their media. The Counterparty safeguards Sijthoff Media against all costs and damages arising from a claim by a third party regarding the unlawful use of or respectively infringements on rights of intellectual property of third parties.
9.4 Sijthoff Media have the right to use the knowledge accumulated through the execution of the activities for different purposes to the extent no confidential information is thereby brought to the knowledge of third parties. In addition, Sijthoff Media have the right to use the results of their activities for their own publicity on their websites, in showreels, for prize festivals, and for editorial and museum purposes.
9.5 Any possible Intellectual Property Rights that are vested with the Counterparty before the start of the Agreement and during its implementation, shall continue to vested with the Counterparty.
10. Complaints
10.1 Sijthoff Media must be notified of any complaints against the (order) confirmation in writing prior to the implementation of the Agreement by Sijthoff Media, and in any event within eight days after the date of sending of the (order) confirmation.
10.2 Sijthoff Media must be notified of any complaints against the implementation of the Agreement by Sijthoff Media as soon as possible in writing, though in any event within eight days after the time of discovery of a defect in the performance, or alternatively within eight days after the moment when the defect in the performance should have been discovered, after which all rights of the Counterparty in respect of Sijthoff Media lapse.
10.3 The Counterparty is obliged to check (the proper functioning of) the delivered materials at the moment of delivery.
10.4 Complaints do not confer the right to the Counterparty to suspend its payment obligation(s).
10.5 The Counterparty does not have the right to refuse to accept the products and/or the material, or to return them, unless Sijthoff Media have agreed to this in writing. In case the Counterparty believes that the products by Sijthoff Media does not correspond to the products sold to the Counterparty, it must give Sijthoff Media the opportunity to inspect the delivered material/the delivered products and to form an opinion.
10.6 If Sijthoff Media have established that a complaint is valid, Sijthoff Media will at own discretion either (1) pay compensation of damages up to the amount of the invoice value of the products and/or services concerned, or (2) replace the products concerned for free or respectively restore the service provided. Sijthoff Media are not obliged to provide any further compensation of damages or to compensate indirect damage.
10.7 If Sijthoff Media find a complaint unfounded, the Counterparty has the right to follow the complaint procedure, described in chapter J of these Terms and Conditions. The Counterparty must start this procedure within fourteen days after Sijthoff Media have found the complaint unfounded and has notified the Counterparty accordingly in writing.
11. Liability
11.1 Sijthoff Media’s liability, liability of its staff members and of the persons for whom Sijthoff Media are responsible and/or liable, for direct damage that is attributable to Sijthoff Media is limited in all cases per event, whereby a coherent series of events is considered a single event, to a maximum of no more than the invoice value of the part of the Agreement causing the liability, barring the event that this damage can be attributed to wilful intent or deliberate recklessness. In case of an Agreement with a term of more than one year, the stipulated compensation is set at the total of fees, stipulated for the respective year at the moment the default occurs. Under no circumstance will the total compensation for direct damage exceed the amount paid in such case on account of the liability insurance taken out by Sijthoff Media or, if and to the extent for whatever reason no payment is made, exceed a maximum of five thousand Euros (EUR 5,000) per event.
11.2 Sijthoff Media’s liability in respect of the Counterparty lapses in any event if the Counterparty has not informed Sijthoff Media within eight (8) days after discovery of the defect or after the moment that the defect could reasonably have been discovered, by way of registered mail, of the existence of the defect. Any claim for the compensation of damages against Sijthoff Media lapses through the simple expiry of six (6) months after delivery of the product, material, or service.
11.3 Sijthoff Media’s liability, liability of staff members of Sijthoff Media, and of the persons for whom Sijthoff Media are responsible and/or liable for indirect damage, also including consequential damage, damage for delays, lost turnover and/or lost profit, loss of data and immaterial damage is excluded in all cases. Any further claims, of any nature and by whomsoever, are excluded.
11.4 The Counterparty is responsible for the timely provision to Sijthoff Media of the materials, data, decisions and any relevant changes required for the implementation of the Agreement. Sijthoff Media shall not be liable for damage, of any nature whatsoever, that has occurred due to Sijthoff Media’s reliance on incorrect and/or incomplete information provided by the Counterparty upon the implementation of the Agreement.
11.5 All (editorial) information, including advice, ideas, opinions and/or instructions have been prepared in a diligent manner, and to the best of their knowledge, however, Sijthoff Media and authors cannot guarantee in any manner the accuracy or completeness of the information. Sijthoff Media and authors therefore do not accept any liability for damage, of any nature whatsoever, arising from actions and/or decisions based on said information. It is emphatically recommended to the Counterparty not to use this information in isolation, but to base itself on its professional knowledge and experience and to personally control the information to be used, for example by consulting different sources. The content of advertisements and other commercial communications were prepared by or on behalf of advertisers and are not assessed by Sijthoff Media for appropriateness, completeness, and their legitimacy. Sijthoff Media therefore do not accept any liability for the content and design of advertisements and other commercial communications.
11.6 The Counterparty safeguards Sijthoff Media against any liability in respect of third parties arising from the Agreement as well as against any liability in respect of third parties with respect to the use or the inability of the Counterparty to use publications and other products and/or services issued or provided by Sijthoff Media
12. Privacy
12.1 Sijthoff Media respect the Counterparty’s privacy and its personal data therefore are treated with the greatest possible care and are secured.
12.2 Upon the conclusion and implementation of the Agreements, Sijthoff Media may process personal data of the Counterparty. Use of the personal data provided by the Counterparty takes place in accordance with the applicable privacy-related legislation and regulations, including the General Data Protection Regulation and the Telecom Law. Based on the Telecom Law, Sijthoff Media will always offer the Counterparty the right to unsubscribe for the newsletter.
12.3 Sijthoff Media’s privacy policy (see https://www.sijthoffmedia.nl/privacy-policy/) sets out Sijthoff Media’s handling of the Counterparty’s personal data and in how these can be perused and how an objection can be filed.
12.4 The Counterparty’s data are treated with confidentiality and are not provided to third parties without the Counterparty’s permission, subject to any statutory requirements.
13. Miscellaneous provisions
13.1 Sijthoff Media have the right to transfer the rights and obligations arising from the Agreement, without any further permission of the Counterparty, to an enterprise with which they are affiliated in a group or to a third party pursuant to a transfer of (a part of) the enterprise of Sijthoff Media or pursuant to a (partial) transfer of a brand, title, a product and/or a service of Sijthoff Media. By entering into an Agreement with Sijthoff Media, the Counterparty agrees to such a transfer in advance. Sijthoff Media will timely inform the Counterparty regarding a transfer.
13.2 In case of a change of personal details, including name and/or address, the Counterparty must transmit both the old and the new details to Sijthoff Media at least 1 month before the effective date of the change in writing.
13.3 The Counterparty will diligently observe all legislation and regulations applicable to the Counterparty, as well as all codes of conduct, and safeguards Sijthoff Media against claims by third parties on such account.
13.4 Department 6.5.3 of the Dutch Civil Code (BW) applies to Agreements between Sijthoff Media and a Counterparty not established in the Netherlands.
13.5 Parties are obliged to keep secret information of a confidential nature that is provided to the other Party under the Agreement both during the term of the Agreement and after its termination.
13.6 Only Sijthoff Media, the affiliated enterprises, third parties engaged by Sijthoff Media, and the Counterparty can derive rights from and appeal to is the provisions established in these Terms and Conditions. Barring where expressly established otherwise, third parties cannot derive any rights from these Terms and Conditions and these Terms and Conditions do not comprise a third-party clause as referred to in Book 6, Section 253 ff. BW (Dutch Civil Code).
14. Applicable law and disputes
14.1 All Agreements concluded with Sijthoff Media are subject to Dutch Law, to the exclusion of the Vienna Commercial Convention in accordance with article 6 of this treaty.
14.2 All disputes between Sijthoff Media and the Counterparty are exclusively settled by the competent court of law of Amsterdam, subject to where Sijthoff Media, in the capacity of claiming or requesting party, opts for the competent court of law of the place of residence or establishment of the Counterparty, without prejudice to the parties’ right to apply for interim relief.
B. Conditions for advertisements and sponsoring
1. Definitions and scope
1.1 In these conditions for advertisements, the terms below are defined as follows:
1.2 All of Sijthoff Media’s Agreements, offers and/or quotations regarding Advertisements are, besides the general provisions, subject to the present Conditions for Advertisements.
2. Implementation of the Agreement
2.1 Upon conclusion of an Agreement, Sijthoff Media will place, in accordance with the provisions of that Agreement, the Advertisements supplied by the Counterparty in the agreed Magazines and/or on the agreed Websites, and/or communicate the agreed other Communications in the established manner.
2.2 The Counterparty bears the risk of the timely, complete, and proper provision of the Advertisements, regardless of how they are supplied. The Counterparty thereby observes the instructions/guidelines provided by Sijthoff Media.
2.3 Sijthoff Media do not provide any guarantees regarding a specific result of their provision of services, in particular the results that the Counterparty achieves by distributing a Communication.
2.4 Sijthoff Media have the right at all times, at their own discretion and within reason, and without the obligation of any compensation of damages in respect of the Counterparty, to refuse distribution of a Communication or to change the content and form of a Communication with respect to certain parts. In case the content of a Communication is changed or a Communication is removed, Sijthoff Media will consult with the Counterparty.
2.5 Sijthoff Media have the right to make use of the Counterparty’s name and/or logo for marketing and/or promotional purposes of Sijthoff Media (e.g. by including these in an (on-line) portfolio or summary of clients).
3. The form and content of the Communication
3.1 The Counterparty will supply the content of a Communication that it wishes to have placed in the format and file type established by Sijthoff Media.
3.2 The Communication will be supplied by the Counterparty through the appropriate channels and in accordance with the specifications and requirements set by Sijthoff Media, also including requirements with respect to the content of a Communication. If the Communication does not meet the requirements set by Sijthoff Media, Sijthoff Media reserve the right to reject the Communication and therefore not to distribute it.
3.3 The Counterparty will under no circumstance supply a Communication that is racist, sexist, offensive, or polarising in nature. The Counterparty will not supply an Advertisement in the house style of the Magazine in which or of the Website on which the Counterparty wishes to have the Advertisement placed.
3.4 Sijthoff Media shall place a Communication supplied by the Counterparty in the agreed Magazine(s) and on the agreed Website(s), or distribute it in other manners agreed upon only upon Sijthoff Media’s approval. If the content of the Advertisement does not meet all requirements, Sijthoff Media will notify the Counterparty within two weeks and give them the opportunity to supplement or change the Communication.
3.5 The Counterparty itself is fully responsible for the accuracy and topicality of the (content of) a Communication.
Publication
3.6 Sijthoff Media have the right to effect an editorial adaptation and/or shorten a Communication – following prior consultation with the Counterparty –in order to achieve that the (changed) Communication meets the (editorial) requirements set for it by Sijthoff Media, the house style of Sijthoff Media and/or the effective legislation and regulations. Sijthoff Media may adapt or mirror the photo in a Communication.
3.7 Sijthoff Media have at all times the right to change the layout of and the content on a Website and/or in a Magazine at their own discretion, also including, but not limited to, changes to classification in groups and categories, its classification in the whole, and search options.
3.8 Sijthoff Media furthermore have the right for any reason whatsoever to discontinue or cancel a Magazine and/or Website published by them and/or an Event organised by them at any moment. Sijthoff Media are not obliged in such case to nevertheless implement the Agreement and they can cancel it without being due to compensate relevant damages. The Counterparty is entitled in such case to a refund of the money regarding advertisements not yet placed at such time, or with respect to the sponsoring of Events that have not (yet) taken place.
Website
3.9 If a Communication is published on a Website, it will be automatically removed after eight weeks, unless it is established otherwise in the Agreement.
3.10 If and to the extent established in the Agreement, Sijthoff Media will periodically supply statistics with respect to (the number of pageviews of and interactions with) a Communication placed on a Website. Sijthoff Media make an effort to the best of their abilities to provide such statistics properly and completely, however, the Counterparty cannot derive any rights from these statistics and their use is at the Counterparty’s own risk.
3.11 The Counterparty acknowledges that Sijthoff Media only provide the Website to users and that they therefore are not involved in the transaction between the Counterparty and a purchaser. Sijthoff Media will therefore never be a party to an agreement between the Counterparty and a purchaser.
3.12 Sijthoff Media are not obliged to verify or to check the content of a Communication or the authority of the Counterparty to be effectively able or allowed to sell the products and/or services offered.
3.13 The Website contains links (e.g. by way of a hyperlink or banner) to the websites of third parties. These links can also be placed within or next to a Communication. Sijthoff Media have no control or influence whatsoever over or on, and is not responsible for the functioning of, a link, nor for the content and the policy of the website of a third party.
3.14 Sijthoff Media have the right at any time, without stating reasons, to remove a Communication from one or more Website(s), without being due to compensate damages in respect of the Counterparty. Sijthoff Media will do so, for example, if a Communication is not in accordance with Sijthoff Media’s advertising policy or these Conditions for advertisements, may possibly violate IP rights or other rights of third parties, (possibly) breaches legislation or regulations, or is (potentially) harmful to Sijthoff Media’s reputation.
Magazine
3.15 If an Advertisement is published in one or more Magazines, the Advertisement will – unless established otherwise – be published in the next edition of the Magazine after receipt of the application for being published in the Magazine. Sijthoff Media nevertheless reserve the right – without being due to compensate damages in respect of the Advertiser – to place the Advertisement in a later edition of the Magazine.
4. Fee
4.1 Upon the conclusion of the Agreement, regardless of the date on which the Communication will be distributed or the date on which the sponsored Event will take place, the Counterparty will receive an invoice for 100% of the established rate. The provisions in article 5 of the Terms and Conditions apply.
4.2 Unless established otherwise, in case of payment per click-through and/or per 1,000 (in words: one thousand) impressions, the following provision applies. Sijthoff Media submit an invoice after adoption of the Agreement. After the end of the Agreement, an outline of the results measured by Sijthoff Media is provided to the Advertiser. In case the measured results show that the established number of click-throughs or impressions was not achieved, Sijthoff Media will send the Advertiser a credit note for the part of the click-throughs or impressions not achieved, or alternatively, at the option of Sijthoff Media, compensate this difference in another manner, for example by offering the Advertiser an alternative advertising option.
4.3 If the failed achievement of the established number of click-throughs or impressions can be attributed to the Advertiser, no compensation is provided.
4.4 The number of click-throughs or impressions shall be determined on the basis of Sijthoff Media’s measurement results. The measurement results of the Advertiser or a third party are not taken in consideration.
5. Term and termination
5.1 The Agreement is adopted for the term stated in the Agreement. The Agreement ends by law after the established Communication(s) has/have been distributed in accordance with the agreed specifications.
5.2 When sponsoring an Event, the Counterparty has the right to cancel the Agreement with due observance of the following:
5.3 If the use of a Communication is restricted or prohibited, or if it violates the effective legislation or regulations or the present Conditions for Advertisements, or it infringes on the IP rights of a third party, Sijthoff Media have the option, at their discretion, to rescind the Agreement in writing without refunding any fee, after which the Counterparty will compensate Sijthoff Media for the reasonable costs already incurred by Sijthoff Media with regard to the Communication, without prejudice to Sijthoff Media’s right to claim additional compensation of damages. Sijthoff Media bears no liability whatsoever for damage arising from such actions under any circumstance whatsoever.
6. Guarantees
6.1 The Counterparty guarantees that:
a. the information in a Communication is appropriate, complete, accurate, and up to date;
b. a Communication does not violate any third-party rights, including IP rights;
c. a Communication meets all requirements established in applicable legislation and regulations, self-regulatory codes including the Dutch advertising code, and the standards set in trade and transactions;
d. a Communication is not in conflict with the present Conditions for Advertisements;
e. the Communication will not harm the interests and/or Sijthoff Media’s rights.
6.2 The Counterparty guarantees that it is fully entitled and authorised to (cause to) place the Communication.
6.3 Sijthoff Media do not provide any warranty with respect to the completeness, accuracy, currency, suitability, availability, or functioning of a Website operated by them.
7. Indemnification
7.1 The Counterparty safeguards Sijthoff Media against all damage, claims, demands or actions by third parties, including consumers and competitors of the Counterparty, including interest and costs, as well as all extrajudicial expenses, with respect to a Communication.
C. Conditions for publication
1. Definitions and scope
1.1 In these Conditions for publication, the terms below are defined as follows:
1.2 All of Sijthoff Media’s Agreements, offers and/or quotations regarding the Order are, in addition to the general provisions, subject to the present Conditions for publication.
2. The Order
2.1 The Counterparty accepts the Order in accordance with the Agreement and thereby accepts full responsibility for properly carrying out the agreed activities.
2.2 Considering the specific, creative nature of the activities, the Counterparty carries out the Order personally. The engagement of third parties is exclusively permitted following prior consultation with Sijthoff Media, whereby the Counterparty remains personally liable for the execution of the Order and the Counterparty safeguards Sijthoff Media against claims by such third parties with respect to the Rights of third parties to the Contribution.
2.3 If the Counterparty is a legal entity, Sijthoff Media and Counterparty will determine upon adoption of the Agreement in mutual consultation who will be deployed on behalf of the Counterparty to carry out the Order.
2.4 Sijthoff Media provide the Counterparty with all powers and information required for the proper execution of the Order.
2.5 If and to the extent the Counterparty makes use in or upon the Contribution of (visual) material of third parties, the Counterparty must make sure that these third parties agree to the use of the (visual) material in or with the Contribution in accordance with these Conditions for publication and the Agreement.
2.6 If the Counterparty (or third parties engaged by the Counterparty) distributes material through social-media channels with respect to the Order that can be qualified as commercial messaging (such as sponsored communications), the Counterparty will observe the Dutch advertising code, the advertising code for social media of the advertising code commission ‘Stichting Reclame Code’ and other applicable legislation and regulations. This means, among other things, that advertising through social media must be recognisable as such, that the Counterparty must state that it receives compensation in cash or kind for the communications, and that the communications may not be misleading. In addition, the distribution of such material by the Counterparty may only occur in consultation with and following the written approval of Sijthoff Media.
3. Acceptance, placement, and returns
3.1 A Contribution will be accepted by Sijthoff Media in case it is supplied within the established term and it meets the agreed conditions and the quality requirements that can reasonably be expected. If the Contribution is accepted by Sijthoff Media, the agreed fee shall be due. Sijthoff Media are never obliged to publish the Contribution(s).
3.2 If the Counterparty offers a Contribution or a developed idea to editors of Sijthoff Media upon own initiative, the Counterparty itself must contact the editor (in chief) regarding the possible placement or use of the Contribution or the developed idea.
3.3 In case the Contribution has not been published within 3 months after acceptance by Sijthoff Media, the exclusivity stipulated in article 5 of these Conditions for publication lapses, unless established otherwise in the Agreement. If the Contribution was supplied upon the Counterparty’s own initiative, this exclusivity lapses if it is not published within 4 weeks after acceptance by Sijthoff Media. The license granted by the Counterparty to Sijthoff Media pursuant to article 5 of these Conditions for publication in said cases lapses as well, unless Sijthoff Media have paid the fee for the relevant Contribution prior to expiry of the relevant period.
3.4 The Counterparty grants Sijthoff Media permission to apply the (visual or textual) adaptations considered necessary for the Contribution by the relevant editor(s), such as the so-called ready-for-printing preparation and processing by the editor in chief, also including the adaptation and/or shortening of the Contribution with respect to the type of Medium, provided no harm is done to the good name and reputation of the Counterparty by publication of the Contribution adapted by Sijthoff Media. In case of far-reaching (material) changes to the Contribution, consultations will be held with the Counterparty prior to publication of the Contribution.
3.5 Sijthoff Media determine the place and the layout of the Contribution in case of publication.
3.6 Unless agreed otherwise, Sijthoff Media exclusively accept Contributions supplied in digital form, including digitally supplied text, photo, audio, and video material.
3.7 The Contribution or associated information carriers or materials are only returned to the Counterparty if relevant arrangements have been made beforehand. Sijthoff Media are not obliged to keep the Contribution (and associated information carriers or materials).
4. Independence and nature of the relationship
4.1 The Counterparty will perform activities for Sijthoff Media through the independent performance of its profession or otherwise on a freelance basis. The Counterparty thereby is at liberty to carry out the activities at their own discretion and without the supervision or direction of Sijthoff Media, without prejudice to Sijthoff Media’s right to give instructions regarding the nature and content of the Order, the editorial formula, the supply of copy and pages, as well as the planning, including deadlines, to specify the activities to be conducted by the Counterparty. The Counterparty and Sijthoff Media exclusively enter into a contract with each other on the basis of an assignment agreement in the sense of Book 7, Section 400 ff. BW (Dutch Civil Code). Sijthoff Media and the Counterparty expressly do not intend to enter into an employment contract in the sense of Book 7, Section 610 ff. BW (Dutch Civil Code).
4.2 Sijthoff Media may grant the Counterparty an Order, but is never obliged to grant Orders. In its turn, the Counterparty always has the right to refuse an Order of Sijthoff Media.
4.3 To the extent necessary for the execution of the Order, coordination with Sijthoff Media takes place in case of collaboration with others, to ensure the most effective progress. If necessary for the activities, the Counterparty complies with Sijthoff Media’s the working hours.
4.4 Sijthoff Media declare to expressly agree that the Counterparty carries out activities for other clients as well.
5. License
Without an additional fee being due to the Counterparty through the use referred to in this article other than the fee agreed in the Order Confirmation, the Counterparty grants a license to Sijthoff Media by signing the Order Confirmation and/or by supplying the Contribution, in whole or in part, whether or not in combination with works from third parties, as a translation, in an altered or shortened form, to use the Contribution:
5.2 The rights stated in article 5.1 of these Conditions for publication also comprise the right to grant sub-licenses to third parties for the purpose of the use intended, for example to other operators of platforms and databanks which include Publications of Sijthoff Media and external publishers, without Sijthoff Media owing an additional fee for this, unless different arrangements have been made between Sijthoff Media and the Counterparty to such effect.
5.3 During the period when the Contribution is supplied up to and including six months after publication of the Contribution, the rights referred to in this article are granted to Sijthoff Media on the basis of exclusivity, unless jointly established otherwise by Parties. After this period, the license continues to exist on a non-exclusive basis for the duration of the copyright and the Counterparty will be at liberty to utilise the Contribution (including residual material) itself or to grant licenses to third parties, to the extent no violation of Rights of Sijthoff Media or third parties is made by the Counterparty as a result, and unless established otherwise in the Order Confirmation.
5.4 After placement of the Contribution in a Publication, the continuous inclusion of the Contribution (whether or not against payment) in a databank that is accessible to the public is considered sufficient utilisation to maintain the non-exclusive license.
5.5 During the period that Sijthoff Media have exclusive rights regarding the Contribution, the Counterparty is not allowed to publicly disclose the same work or a practically identical work independently or by way of a third party and/or to multiply it, nor to be of assistance to such effect in any manner, subject to the prior written permission of Sijthoff Media. Sijthoff Media will not withhold their permission on unreasonable grounds. During that period the Counterparty may ask permission from the editors of the Publication for which the Contribution is intended to (cause to) use the Contribution for a different purpose, for example for own promotional purposes. This permission will not be refused on unreasonable grounds.
5.6 The Counterparty retains the copyrights to the Contribution.
6. Rights, guarantees, indemnification, and credits
6.1 The Counterparty guarantees in respect of Sijthoff Media that it holds the full Rights to the Contribution and that it has the right to grant Sijthoff Media the Rights in accordance with the provisions in article 5 of these Conditions for publication and that through publication of the Contribution(s) by Sijthoff Media no third-party Rights are violated, unless it has stated in writing to be unable to (fully) guarantee this upon the supply of the Contribution(s). Counterparty safeguards Sijthoff Media against all claims by or through third parties with respect to the content or the use of the Contribution(s).
6.2 The Rights granted in these Conditions for publication to Sijthoff Media comprise all the (visual) material delivered bythe Counterparty, unless it derives from third parties, and, upon supplying the Contribution, the Counterparty stated in writing that it only obtained permission from such third parties for certain forms of publication as further specified.
6.3 The Counterparty will inform Sijthoff Media timely and in any event prior to (the decision for) publication of the Contribution of all facts and circumstances under which the Contribution was realised and which in case of use of the Contribution by Sijthoff Media might lead to claims by third parties.
6.4 The Counterparty hereby irrevocably and unconditionally grants permission to Sijthoff Media to conduct any judicial and extrajudicial procedure in case of any violation by third parties of the Intellectual Property Rights regarding the Contribution for the account of Sijthoff Media, subject to any deviating agreements in writing. Sijthoff Media are not obliged to conduct a procedure. In case of a (judicial) procedure against Sijthoff Media in relation to its Contribution, the Counterparty undertakes to render all assistance that is required to defend the interests of Sijthoff Media and the Counterparty.
6.5 The name of the Counterparty is listed in a Publication upon publication, unless otherwise agreed or otherwise evidenced by the use with or the rules for the relevant Issue.
7. Fee, expenses, and payment
7.1 Sijthoff Media and the Counterparty will establish the fee for the Contribution and any possible expense allowances in mutual consultation and record the same in the Order Confirmation. The agreed fee comprises the total and sole compensation for all use of the Contribution as referred to in article 5 of these Conditions for publication. Sijthoff Media and the Counterparty hereby establish that this fee must be considered a fair compensation for the established use. The Counterparty is not entitled to an additional fee such as royalties, profit sharing, or compensation of expenses with respect to the Contribution(s) or a re-use fee, unless Parties have made different arrangements in writing with respect to this.
7.2 Payment of the fee takes place upon delivery and acceptance of the Contribution on the basis of an invoice presented by the Counterparty and approved by Sijthoff Media. Unless established otherwise, the Counterparty must invoice at the latest within three months after delivery of the Contribution.
7.3 If the Counterparty can claim entitlement to an additional fee pursuant to mandatory legal provisions, Parties will consult with respect to this. This is based on the principle that for utilisation in a manner that was unknown at the time of conclusion of the Agreement, an additional fee can only be due to the extent the resulting additional income exceeds the reduction of income from forms of utilisation that were known already.
7.4 Sijthoff Media exclusively owe the fee as established in article 7.1 of these Conditions for publication if and to the extent the Contribution is accepted by Sijthoff Media.
7.5 Payment of the fee for the accepted Contribution will take place in the month following the month of first publication of the Contribution, if and to the extent the invoice was submitted timely and in accordance with Sijthoff Media’s guidelines, unless established otherwise. The invoice must otherwise meet the statutory requirements established with respect to this.
7.6 Any compensation for expenses and costs takes place on the basis of costs statements, exclusively following the prior written permission of the editors-in-chief of the Publication for which the Contribution is intended. Also travel expenses are compensated in accordance with the guidelines drawn up for the purpose.
7.7 The fee established between parties is a gross amount, that is, exclusive of VAT. In the unexpected event that an employment relationship was/has been created, Sijthoff Media have the right to adapt the fee to that situation and to claim all resulting damage from the Counterparty, to the extent legally permitted. The wage taxes and social security contributions are included in such damage.
8. Insurances
8.1 The Counterparty is obliged to take out the (liability) insurances it deems necessary with respect to the Order itself and to diligently pay all the usual (insurance) fees for the purpose, as is customary in the sector.
8.2 Upon Sijthoff Media’s first written request, Counterparty must provide Sijthoff Media with a copy of the (liability) insurance taken out by the Counterparty.
8.3 The Counterparty will carry out the Order as much as possible using its own equipment, including PC and means of mobile communication. Counterparty is responsible for this equipment and must make sure that it is has a functioning Anti-Virus Scanner with the latest update.
D. Conditions for subscriptions
1. Definitions and scope
1.1 In these Conditions for Subscriptions, the terms below are defined as follows:
1.2 Besides the general provisions, these Conditions for subscriptions apply, to all Agreements, offers and/or quotations of Sijthoff Media regarding an Order for a Subscription.
2. Adoption and implementation of the Agreement
2.1 Acceptance of an Order by Sijthoff Media takes place in writing (which includes electronically) in a confirmation or on account of the fact that Sijthoff Media start with the implementation of an Order. An Agreement is adopted through the simple acceptance of the Order by Sijthoff Media.
2.2 An Order can be placed at any time, both by phone, electronically, and in writing. Sijthoff Media have the right, without stating reasons, to reject an Order. Even after acceptance of an Order, Sijthoff Media have the right to cancel it without stating reasons.
2.3 The Subscriber must check the confirmation for completeness and accuracy and must report any deviations he identifies immediately to Sijthoff Media.
2.4 Changes to an Order must be timely transmitted by the Subscriber and at the latest within 7 days, in writing, to Sijthoff Media and are only effective if expressly accepted by Sijthoff Media.
2.5 Discount offers or offers with a Welcome Gift only apply if, during the preceding period of 6 months, the new Subscriber did not have a Subscription for the relevant Publication. If this was the case or in case abuse is suspected (which includes excessively taking out Subscriptions), the entitlement to a discount or Welcome Gift lapses and Sijthoff Media have the right to claim the Welcome Gift or the discount back from the Subscriber.
2.6 The representations of the Products offered on-line are displayed as accurately as possible by Sijthoff Media. Sijthoff Media cannot guarantee, however, that the colours displayed on the illustrations for these Products are the exact true colours of the Products to be delivered.
3. Digital Publication(s)
3.1 A Digital Publication of certain titles released by Sijthoff Media that the Subscriber has a Subscription for may be received, whether or not against payment.
3.2 The Subscriber may exclusively download and/or print the Digital Publication for personal use. The Subscriber is not allowed to copy, alter, or lend Digital Publications and/or to provide them to third parties in any other manner.
3.3 The Subscriber only acquires a personal, non-exclusive, and non-transferable right to use the Digital Publication.
3.4 The Subscriber is responsible for any use of his/her login data and for all actions conducted through his/her account. In case unlawful use has been established and/or in case of the suspicion of unlawful use of the login data, the Subscription may be (temporarily) discontinued by Sijthoff Media, without entitlement to compensation of damages for Subscriber.
3.5 Sijthoff Media have the right to take technical measures to protect the (Intellectual Property) Rights that Digital Publication(s) are subject to. The Subscriber is not allowed to remove or circumvent the safeguards applied by Sijthoff Media or their licensors on their secured Digital Publication(s) and Products.
4. Questions and change of address
4.1 Questions regarding the Subscription, an Order, or related invoices can be submitted in writing to Customer Services.
4.2 In case of changes to the name and/or address details, the Subscriber must communicate the new information at least 14 days prior to the effective date of the change in writing to Sijthoff Media. The Subscriber is responsible for transmitting the accurate and current contact and address details. The failure of delivering a Publication or Order (at the right address) due to Subscriber’s falling short in meeting this obligation is at the Subscriber’s own expense and risk.
5. Welcome Gift
5.1 If an offer comprises a Welcome Gift, this offer applies on the basis of availability. In the unexpected case where a specific Welcome Gift no longer is in stock, Sijthoff Media will offer an alternative in the form of a substitute Welcome Gift or a discount on the subscription rate, which is at the discretion of Sijthoff Media.
5.2 Sijthoff Media make every effort to send the Welcome Gift within 6 weeks after adoption of the Agreement to the Subscriber. If delivery within this term is not possible, Sijthoff Media will inform Subscriber accordingly. The non-timely delivery of the Welcome Gift to the Subscriber shall never confer a right to (additional) compensation of damages to the Subscriber.
6. Shipping and delivery
6.1 During the term of the Subscription, Sijthoff Media will make an effort for the timely delivery of the Publication.
6.2 If a Subscriber requests the delivery of a Publication abroad, Sijthoff Media are only obliged to meet the request if Sijthoff Media deliver in the relevant country at such time. The Subscriber accepts that additional costs and delays (may be) involved in delivery abroad, which Sijthoff Media will communicate as much as possible to the Subscriber prior to delivery.
6.3 Sijthoff Media are not liable for any damage whatsoever as a result of late delivery.
6.4 When carrying out the Orders, Sijthoff Media observe the greatest possible diligence and for the delivery of Orders they make use of carefully selected logistic service providers. They will send the Order to the address submitted by the Subscriber to Sijthoff Media.
6.5 Sijthoff Media will carry out the accepted Order at the latest within 30 days, unless established otherwise, for example if a Publication is released less frequently than once a month. If the delivery unexpectedly encounters delays, or if an Order cannot or can only partially be carried out, the Customer is informed accordingly at the latest 15 days after the Order was placed. In that case, the Customer has the right to rescind the Agreement without charges and Sijthoff Media will refund the amount paid by the Customer as soon as possible.
7. Term, extension, and cancellation of the Subscription
7.1 A Subscription is taken out for the established period or for a number of editions that is agreed upon beforehand. If no specific term is established, the initial term for the Subscription is one year. A Subscription is automatically extended after the established period – barring cancellation as provided for in article 7.2 of these Conditions for subscriptions – for an indefinite time, unless stated otherwise in the offer. Within the first subscription term, the Subscription can only be cancelled by the end of the current subscription term. This can be done by phone or e-mail via Customer Services. Sijthoff Media will confirm cancellation upon receipt, stating the definitive end date of the Subscription.
7.2 Free Subscriptions can be cancelled monthly after the first year. Monthly subscriptions can be cancelled with a notice period of one month. Paid Subscriptions for Publications which are released less frequently than once a month must be cancelled 3 months before the end of the subscription term. After the first subscription term, the Subscription can be cancelled monthly.
7.3 A gift Subscription for a third party is entered into for a fixed term and is not extended automatically. An extension of the gift Subscription is considered a new Subscription.
7.4 If the Subscriber is a party acting in the performance of a profession or business, a Subscription for a fixed term is extended after the initial term each time by the same term as the initial one. After extension of the Subscription, the Subscriber can cancel the Subscription by the end of the term effective at such time, with due regard for a one-month notice period. A possible refund of the subscription fee is made after deduction of administration costs on the bank account submitted by the Subscriber.
7.5 In the unexpected case of the decease of a Subscriber, the Subscription ends on the day Sijthoff Media are notified of this person’s decease. In that case, part of the subscription fees for the subscription period that has not yet elapsed yet may be refunded, provided that the amount exceeds € 10 (ten Euros).
7.6 Sijthoff Media have the right at all times to cancel a Subscription, with due regard for a one-month notice.
8. Rates, price changes, and payment
8.1 The rates and prices applied by Sijthoff Media apply exclusively for Subscriptions in the Netherlands and are inclusive of shipping costs and VAT, unless expressly stated otherwise.
8.2 Payment of the subscription fees must take place prior to such period as agreed with the Subscriber in a manner accepted by the Subscriber upon entering into the Subscription (e.g., direct debit). The payment terms and rates that apply in case of extension of the Subscription can be found in the masthead or the service page of the Publication and are billed by invoice (by e-mail or regular mail), unless direct debit was agreed.
8.3 If the Subscriber has authorised Sijthoff Media to debit the fee owed automatically, the Subscriber guarantees that at the time of the debit, the balance is sufficient to meet the payment obligation. In case of late payment, e.g. through the reverse payment of sums debited or due to insufficient balance on the account indicated, Sijthoff Media have the right to bill costs for the reminder. If the payment of the Subscription is not received after the reminder either, Sijthoff Media have the right to unilaterally terminate the Subscription with immediate effect, as well as to claim possible compensation of damages and outstanding payments.
8.4 The reverse payment of a sum (automatically) collected by Sijthoff Media does not relieve the Subscriber of his payment obligation.
8.5 Upon termination of the Subscription after termination of the first subscription term, the Subscriber is entitled to a refund of the balance between the amount ultimately owed for the Subscription enjoyed and the amount already paid, whereby Sijthoff Media have the right to deduct administration and processing charges.
8.5 Sijthoff Media have the right to change the rates for the Subscription, for example (but not limited to) on the basis of the Consumer Price Index (CPI) for the preceding year. A change to the subscription price is published at the latest two weeks before it becomes effective, in the masthead or on the website of the relevant Publication, or it is mentioned in the newsletter.
9. Content, cancellation or change of a Publication
9.1 Sijthoff Media are entirely at liberty to determine the content of a (Digital) Publication at their own discretion, including the various sections, advertisements, and possible appendices.
9.2 Sijthoff Media have the right at all times to change the size, the number of editions, content, appearance, moment and/or frequency of release, and the lay-out of their (Digital) Publications at their own discretion, whereby Sijthoff Media will make sure that the relevant Publication, even after the changes, will be in reasonable proportion, both as to quality and to quantity, to the price of the subscription.
9.3 If Sijthoff Media decide to cease a (Digital) Publication, a refund of the subscription price already paid on the remaining payment period from the date of cancellation of the (Digital) Publication will be made. In case a Publication is replaced by a different one, or the Publication is changed in such a manner that it is materially different from the performance committed to by Sijthoff Media under the Subscription, the Subscriber has the right to rescind the Subscription within four (4) weeks after announcement of the replacement, or within four (4) weeks after receipt of the first replacement or modified (Digital) Publication, depending on which moment will be earlier, by way of a statement in writing or by phone to Customer Services.
10. Reflection period and right of revocation by the Subscriber/Counterparty
10.1 In case the Subscriber acts as a natural person, he may rescind an Agreement regarding the on-line purchase of a Product or Subscription during a reflection period of 14 days without stating reasons. This term becomes effective on the day after receipt of the relevant Product by the Subscriber, or
10.2 During the reflection period referred to in article 10.1, the Subscriber shall handle the Product, the packaging, labels, and coding with due care. The Subscriber will only unwrap or use the Product to the extent required to assess whether he/she wishes to keep the Product.
10.3 As soon as possible, though within 14 days from the day following the notification referred to in article 10.1, the Subscriber sends the Product purchased on-line back to Sijthoff Media or he/she hands it over to (an authorised representative of) Sijthoff Media. The Product must be sent back with all enclosed accessories, if reasonably possible in the original state and packaging, and in accordance with such reasonable and clear instructions as Sijthoff Media may have provided. The risk and the burden of proof for the proper and timely exercise of the right of revocation lies with Subscriber. The Subscriber will have observed the return term in any case if the Product was returned before the reflection period has expired.
10.4 In case the right of revocation is exercised as referred to in this article, the costs of returning are borne by the Subscriber.
10.5 Sijthoff Media will proceed with a refund of the purchase price plus the original shipping costs at the latest within 14 days after the Product ordered on-line is received. The amount is refunded on the account from which the purchase was paid. If the Subscriber does not return a part of the Order, the original shipping costs will not be refunded.
10.6 The right of revocation as referred to in this article does not apply to the delivery of single copies of Publications and furthermore not for Products:
E. Conditions for the use of the on-line platform and the on-line portal
1. Definitions and scope
1.1 In these Conditions for the use of the on-line platform and the on-line portal, the terms below are defined as follows:
1.2 The present Conditions for the use of the On-line Platform and the On-line Portal apply whenever they are used by the User.
2. License
2.1 The On-line Platform/the On-line Portal grants the User a non-exclusive, personal, and non-transferable right to view, consult, and share the Data, and to use the same with respect to the functionalities of the On-line Platform/the On-line Portal in accordance with the provisions of these Conditions.
2.2 The License for the Data is limited to the purpose of the On-line Platform/the On-line Portal and the services offered. The User agrees not to use the Data in any manner that is in conflict with the effective laws, with third-party rights, or with the provisions of these Conditions.
2.3 Sijthoff Media reserve the right, at all times and at their own discretion, to change access to certain Data, to suspend it, restrict it, or terminate it, without any prior notification to the User.
2.4 The User acknowledges that Sijthoff Media are not responsible for the accuracy, completeness, or reliability of the Data. The use of the Data is at the User’s own risk.
2.5 By making use of the On-line Platform/the On-line Portal, the User agrees with and accepts the conditions set forth in this chapter Conditions regarding the License.
3. User contributions
3.1 Through User contribution(s) on the On-line Platform/the On-line Portal, the User grants Sijthoff Media a non-exclusive, royalty-free, worldwide, transferable, sub-licensable license to use, reproduce, adjust, distribute, display, and carry out the User contributions with respect to the On-line Platform/the On-line Portal and the associated services.
3.2 The User confirms and guarantees that he/she is the legal proprietor of all rights, including IP rights, related to the User Contributions, or that he/she has the permits, rights, and licenses required to provide them to Sijthoff Media and to grant the relevant rights set forth in these Conditions.
3.3 Sijthoff Media reserve the right to reject, adapt, remove, or suspend User Contributions at their own discretion if these User Contributions are in conflict with the effective laws, violate the rights of third parties, are in conflict with these Conditions, or are otherwise deemed inappropriate.
3.4 The User understands and agrees that he/she is fully responsible for the content of the User Contributions and the possible negative effects of submitting the same.
3.5 The User acknowledges that the User Contributions may be publicly available to other users of the On-line Platform/the On-line Portal and may possibly be viewed and shared by third parties. Sijthoff Media do not accept any confidentiality obligations with respect to the On-line Platform/the On-line Portal regarding the User Contributions.
3.6 By submitting User Contributions on this On-line Platform/the On-line Portal, the User agrees to the provisions of this article regarding User Contributions.
4. Intellectual Property
4.1 The User acknowledges that Sijthoff Media possess the Intellectual Property or other rights regarding the On-line Platform/the On-line Portal, as well as in relation to the Data. Nothing in this clause grants the User any right or stake in such Intellectual Property or rights, otherwise than the specific License that is set forth in these Conditions.
5. Responsibilities of the User
5.1 The User acknowledges and agrees that he/she is solely responsible for his/her actions, conduct on and use of the On-line Platform/the On-line Portal, as well as for all User Contributions that he/she submits, uploads, places, or provides otherwise.
5.2 The User agrees to safeguard and protect Sijthoff Media, the affiliated enterprises, administrators, officials, employees, and representatives against all claims, liabilities, costs, damage, and publications (including reasonable legal costs) arising from or related to his/her use of the On-line Platform/the On-line Portal, the violation of these Conditions, infringements on legislation and regulations or third-party rights, or the submission of User Contributions.
5.3 The User acknowledges that the On-line Platform/the On-line Portal is not responsible for the content, accuracy, or legitimacy of User Contributions or the actions of other users.
5.4 The User undertakes to immediately notify Sijthoff Media of unauthorised use of his/her account, breaches of security, or other beaches of safety.
5.5 Sijthoff Media reserve themselves the right to take measures at their own discretion against Users who act in violation of these Conditions, effective legislation and regulations, or act in manners that are otherwise deemed harmful or inappropriate, including the termination of access to the On-line Platform/the On-line Portal and the removal, adaptation, suspension, or restriction of User Contributions without prior notification.
5.6 In case of termination of access to the On-line Platform/the On-line Portal, for any reason whatsoever, the provisions regarding the IP rights, liability, responsibility of users, and other relevant clauses continue to be effective.
6. Liability
6.1 The User acknowledges and understands that Sijthoff Media offers an On-line Platform/the On-line Portal to users to submit User Contributions, to share and display the same, and that the On-line Platform/the On-line Portal does not have any control over the content of these User Contributions. Sijthoff Media do not accept any liability for any possible damage, loss, or disputes arising from the use of the On-line Platform/the On-line Portal. Sijthoff Media do not accept any liability either for the content, accuracy, legitimacy, or any other aspects of the User Contributions that are submitted by users.
6.2 To the extent permitted by the law, Sijthoff Media reject all express or implicit guarantees regarding the User Contributions and their use within the On-line Platform/the On-line Portal.
F. Conditions for participation in events
1. Definitions and scope
1.1 In these Conditions for participation in events, the terms below are defined as follows:
1.2 These Conditions for participation in Events apply to the legal relationship between Sijthoff Media and the Counterparty as a visitor to an Event. Unless established otherwise, third parties cannot derive any rights from these Terms and Conditions.
2. Dates, term, and right to cancel
2.1 Sijthoff Media will establish the Location, the price of the Tickets, and the dates on which the Counterparty can visit the Event for each Event.
2.2 Sijthoff Media may alter the scheduled dates in the event of Force Majeure or if they determine that unique that this is warranted by the circumstances. If the Event is rescheduled for a different date, the Ticket remains valid for the new date. In the event the Counterparty were to be unable or unwilling to visit the Event at such time, they have the right to return the Ticket against a refund of the fee stated on the Ticket, or in the absence of such statement the fee that the Counterparty has paid through the Website (with the exception of any possible service charges). If the Event is rescheduled for a later date, the Counterparty cannot claim a refund if it has not handed in the Ticket prior to the rescheduled date.
2.3 If the Event must be cancelled after it has started as a result of or with respect to Force Majeure, Sijthoff Media will only be obliged to refund the part of the fee stated on the Ticket as determined by them, or in the absence of such statement, the fee that the Counterparty has paid through the Website. Any possible other damage will not be compensated. Nor can the Counterparty claim entitlement to (substitute) access to a different Event.
2.4 The Counterparty is not entitled to compensation of damages with respect to the decision described in section 2 of this article or in case of Force Majeure.
2.5 All information about the Event and the availability of the relevant Tickets is non-committal and is provided subject to any possible changes. Sijthoff Media are not liable for any possible errors in announcements, offers, or information and price listing otherwise provided by Sijthoff Media and/or third parties.
2.6 Special wishes, such as (but not solely) with respect to places suitable for wheelchairs and/or assistance from service dogs must be communicated by e-mail prior to the reservation of a Ticket. The possibility of meeting these wishes depends, among other matters, on the availability of spots suitable for wheelchairs and the Location’s possibilities.
3. Tickets, payment, and adoption of the agreement
3.1 The reservation of Tickets by the Counterparty at the cash register on Location or through different channels, such as through the Website, does not constitute adoption of an Agreement. The Agreement is only adopted if and as soon as Sijthoff Media have received (authorisation for) the payment by the Counterparty or if the Counterparty has purchased and paid for a Ticket at the Event’s cash register.
3.2 Unless expressly established otherwise, the rates applied by Sijthoff Media for an Event are exclusive of sales tax, however, inclusive of administration costs. The sum owed by the Counterparty to Sijthoff Media is due in advance and must be credited to Sijthoff Media’s bank account stated on the invoice prior to the start of the Event. Immediately after registration, the invoice stating the registration fee and payment options is sent to the Counterparty.
3.3 Unless expressly established otherwise, the Counterparty must have settled the registration fee due prior to the start of the Event. If the outstanding invoice has not been settled, the Counterparty will not be granted access to the Event.
3.4 Unless expressly established otherwise, the Counterparty cannot cancel the Tickets. If a Counterparty is unable to attend an Event, the Counterparty has the right to let a substitute participate in the Event and to have the Tickets registered in name of the substitute prior to the Event.
3.5 A Ticket may consist of a document provided by or on behalf of the Sijthoff Media or of a barcode provided by or on behalf of Sijthoff Media. The barcode is a unique code. The Ticket is provided once only and grants access to one person only.
3.6 The Tickets are and remain Sijthoff Media’s property. The Ticket grants the holder the right to attend the Event. Only the holder of the Ticket who shows the Ticket first at the start of the Event is granted access. Sijthoff Media may assume that the holder of this Ticket also holds the rights to the Ticket (and therefore is the Counterparty). Sijthoff Media are not liable for admission tickets sold by third parties. From the moment that the Ticket has been provided to the Counterparty, he/she bears the risk of loss, theft, damaging, or abuse of the Ticket.
3.7 A Ticket consisting of a barcode is provided to the Counterparty through electronic means of communication (e-mail).
3.8 The Counterparty is obliged to keep the Ticket for the Event for himself and therefore not to resell it to third parties in any manner, or to offer it for sale or offer or provide it for commercial purposes, unless the parties have made relevant arrangements, for example for the purpose of promotion, where Tickets are given away.
4. Liability
4.1 Sijthoff Media are not liable for damage to, the loss or theft of the Counterparty’s personal belongings in the widest sense of the word. at the Counterparty enters the Location and attends the Event at its own risk, in the sense that Sijthoff Media do not accept any liability for damage that has arisen through said entry or attendance at the Event, such as, for example, damage to hearing, vision, and other physical or psychological disorders.
5. Visual and film recordings
5.1 The Counterparty is aware and agrees that Sijthoff Media will be able to (cause to) make video and/or audio recordings, also possibly including footage of the Counterparty itself, and that Sijthoff Media will be able to (cause to) render these recordings public and/or to (cause to) use these otherwise, also including, but expressly not limited to, the publication in a magazine released by an exhibitor and/or a website operated by him and/or on his social media channels and/or any other publication on any medium whatsoever in the context of promotional purposes of Sijthoff Media, the Event and/or third parties (such as partners, advertisers, or sponsors of Sijthoff Media and the Event).
6. Code of conduct
6.1 The Counterparty is expected to behave respectfully in respect of other visitors, exhibitors, and Sijthoff Media during the Event. Sijthoff Media are not liable for the Counterparty’s actions. In case of misconduct, Sijthoff Media are authorised to instantly exclude the Counterparty from the Event and Sijthoff Media will have the right to claim any possible damage from him/her.
6.2 The Counterparty is obliged to observe Sijthoff Media’s regulations and/or instructions, collaborators of the Location, the security services, and other possible competent parties.
G. Conditions for partners events
1. Definitions and scope
1.1 In these conditions for partners events, the terms below are defined as follows:
1.2 All Agreements, offers and/or quotations of Sijthoff Media with respect to Events that are organised by Sijthoff Media as assigned by the Counterparty are, besides the general provisions, subject to the underlying Conditions for partners events.
2. Execution of the activities
2.1 The Counterparty makes sure that all information required by Sijthoff Media or of which the Counterparty should reasonably understand that it is necessary for the implementation of the Agreement is timely provided to Sijthoff Media. The Counterparty guarantees the accuracy and completeness of this information. If the information required for the implementation of the Agreement is not, not timely, and/or not fully provided to Sijthoff Media, Sijthoff Media have the right to suspend the implementation of the Agreement and/or to bill the additional costs arising from the delay to the Counterparty in accordance with the customary rates.
2.2 If the Parties have established that the Agreement will be implemented in several stages, Sijthoff Media may suspend the execution of (parts of) a next stage until the Counterparty has approved the results of the preceding stage in writing and/or has settled any possible (partial) invoices.
2.3 All permits required for the Event must be applied for by the Counterparty. Sijthoff Media bear no responsibility whatsoever for this. The Counterparty bears the costs for the application and/or the retention of the permit(s) required.
2.4 If it has been agreed that, under the implementation of the Agreement, the Counterparty will provide equipment, materials, or data or information carriers to Sijthoff Media, the Counterparty shall be obliged to make sure that these meet the specifications required for the implementation of the Agreement.
3. Third parties
3.1 To the extent Sijthoff Media purchase services from third parties with respect to the implementation of the Agreement with the Counterparty, Sijthoff Media will always do so in the name and for the account of the Counterparty. The third party and the Counterparty are a party to that agreement. Sijthoff Media expressly are not a party to any agreement with any third parties. In the event that Sijthoff Media purchase services or goods from third parties with respect to the implementation of the Agreement in their own name and for own account, or is addressed in this regard, the Counterparty safeguards Sijthoff Media with regard to the settlement of the compensation accruing to the third party and any possible claims for damages and/or costs.
3.2 If and to the extent that, with respect to the implementation of (a part of) the Agreement, Sijthoff Media act in the name and for the account of the Counterparty, the Counterparty is and remains fully responsible for the possible levying and payment of taxes and other (social security) contributions. The Counterparty safeguards Sijthoff Media against any form of liability.
4. Exhibitors/sponsors
4.1 Without prejudice to the other provisions of these Conditions for partners events, the Counterparty shall in any event make sure at its own expense and risk that:
4.2 In case the Counterparty designates a location where the Event must be held, the Counterparty guarantees that this location meets all requirements stated by Sijthoff Media.
4.3 No rights can be derived from registration for an Event. Sijthoff Media have the right at all times to still reject a registration or to change it with regard to certain elements, such as, e.g., the size of a rented stand space, a change to the composition of speakers, etc. If the derogation in the Agreement deviates to such an extent from the original agreement between Sijthoff Media and the Counterparty, they are willing in principle to adjust the invoice amount within reason and in consultation with the Counterparty. The manner in which the invoice amount is adjusted, however, is at the discretion of Sijthoff Media.
4.4 Sijthoff Media reserve the right to refuse registration for participation in an Event without stating reasons or not to process a registration.
4.5 In case of Force Majeure, Sijthoff Media reserve the right to change the date and/or the location of the Event to be organised by them and, if necessary, to cancel the Event entirely. Sijthoff Media are not obliged in such case to compensate any damage whatsoever to the Counterparty. In case of a cancellation, Sijthoff Media will refund the amounts already paid for the rent of the stand and/or for participation in the Event on a bank account indicated by the Counterparty, after deduction of as the costs that have been reasonably incurred by Sijthoff Media.
4.6 The Counterparty is obliged to have completely set up the stand half hour before the start of the Event. It is also obliged to evacuate the stand as soon as possible after termination of the Event and to leave it behind tidy and clean.
4.7 The Counterparty bears the risk for damage and/or theft and/or going lost of its items or that are at or around the location where the Event is held.
4.8 Sijthoff Media are not liable for damage caused by third parties during the Event to the items displayed by the Counterparty.
5. Cancellation
5.1 In case of cancellation of the Agreement by the Counterparty within 8 weeks before the starting date of the Event, the Counterparty owes the full invoice amount to Sijthoff Media.
6. Modification of the Agreement and additional work
6.1 Minor deviations in (the organisation of) an Event, as to the substance, the duration, quality, and finishing do not entitle the Counterparty to reject the Agreement or the Event, or to (cause to) rescind the Agreement, to cancel the Event and/or to claim damages from Sijthoff Media, unless this cannot reasonably be demanded of the Counterparty. Minor deviations also refers to a rescheduling over time of an Event upon the initiative of, though on reasonable grounds, by Sijthoff Media.
6.2 Sijthoff Media are only obliged to (render their assistance to) cancel or modify the Agreement if it was confirmed to them in writing and they have accepted it.
6.3 The Counterparty accepts that, if the Parties agree that the Agreement is expanded or modified, the time of completion of the Agreement may be affected as a result. Sijthoff Media will notify the Counterparty as soon as possible accordingly (in writing).
6.4 Both Sijthoff Media and the Counterparty are obliged to cooperate to a modification of the Agreement if, upon the execution of the order, it transpires that a modification or supplement is necessary for the proper fulfilment of the Agreement. The additional costs associated with a modification or expansion are borne by the Counterparty, unless agreed otherwise.
If the Counterparty wants to change or supplement (parts of) the (implementation of the) Agreement intermediately, this will be immediately discussed with Sijthoff Media. If Sijthoff Media agree with the modifications or additions, the associated additional costs shall be entirely borne by the Counterparty, unless agreed otherwise.
6.5 Modifications are presented for approval to the Counterparty as soon as they can be anticipated and the overrunning exceeds 10% of the price established by Agreement. Sijthoff Media aim to prevent budget overruns as much as possible. Budget overruns are borne by the Counterparty, unless expressly established otherwise in writing.
7. Rates
7.1 The Parties establish (hourly) rates upon adoption of the Agreement regarding (the various parts of) the Agreement. The amounts established in the quotation/the budget issued by Sijthoff Media are indicative, unless agreed otherwise.
7.2 Sijthoff Media will bill all out-of-pocket expenses to be incurred under the Agreement to the Counterparty, such as (but not limited to) travel expenses, delivery costs, translation costs, shipping and administration costs, and generally the costs of third parties engaged in consultation with the Counterparty.
7.3 All costs that are the result of government measures, such as, though not limited to, safety regulations are borne by the Counterparty.
8. Payment
8.1 Sijthoff Media invoice 100% of the agreed total amount in advance, unless agreed otherwise. At the latest on the final business day prior to the Event, the Counterparty is obliged to have settled the entire invoice. In case of late payment of the invoice, Sijthoff Media have the right to terminate the Agreement with immediate effect, whereby Sijthoff Media can claim entitlement to the payment of 100% of the total sum, without prejudice to Sijthoff Media’s entitlement to full compensation of damages, whether or not arising from claims by third parties involved in the Agreement. After termination of the Event, Sijthoff Media have the right to send the Counterparty an invoice for out-of-pocket costs and/or additional work.
9. Delivery
9.1 Material provided to the Counterparty under the Agreement shall be delivered at the address submitted by the Counterparty.
9.2 The delivery term is based on the circumstances effective at the time of conclusion of the Agreement. If a delay occurs without the fault of Sijthoff Media as a result of a change to said circumstances or because material timely ordered for the implementation of the Agreement is not timely delivered to Sijthoff Media, the delivery term is extended where necessary.
10. Liability
10.1 Sijthoff Media are not liable for printing or typing errors in brochures, folders, instructions, manuals, pictures, teaching materials, etc.
10.2 When organising an Event, Sijthoff Media always aim for a minimum number of attending participants, which is communicated for every conference, fair, seminar, study trip, etc. in writing. Sijthoff Media are not liable for the (disappointing) numbers of visitors at Events to be organised by them.
11. Indemnifications
11.1 The Counterparty safeguards Sijthoff Media against all claims and other demands by third parties and the resulting damage with respect to rights of intellectual property to materials or information provided by the Counterparty that are used upon the implementation of the Agreement.
11.2 The Counterparty safeguards Sijthoff Media against all claims and other demands by third parties and the resulting damage, whereby third parties include participants in Events organised by Sijthoff Media as assigned by the Counterparty, which claims are related to the Agreement and the participation in or the execution of an Event.
11.3 If the Counterparty provides Sijthoff Media with information carriers, electronic files, or software etc., it guarantees that the information carriers, electronic files, or software are free from viruses and defects.
11.4 If Sijthoff Media are obliged to make use of equipment and/or infrastructural facilities such as an IT network of the Counterparty, this occurs entirely at the Counterparty’s expense and risk.
H. Conditions for Training
1. Definitions and scope
1.1 In these Conditions for training, the terms below are defined as follows:
1.2 All offers, quotations, and Agreements of Sijthoff Media to/with a Participant with respect to carrying out or causing to carry out services by Sijthoff Media with respect to the Training as well as the assignment of persons, spaces, and materials, etc. are, besides the general provisions, subject to the present Conditions for training.
2. Registration
2.1 A Participant can register using Sijthoff Media’s relevant website, by clicking on the training of his/her choice or through other means of communication (phone, mail, e-mail, etc.). The Agreement between the Participant and Sijthoff Media is adopted through the written or electronic confirmation by Sijthoff Media to the Participant of his/her written or electronic registration.
2.2 Placement on a training takes place by order of arrival of registration. Preferences indicated are taken into account as much as possible, but no rights can be derived from this. If a Participant cannot be placed, the relevant Participant is accordingly notified in writing, electronically, or by phone.
2.3 Registration for Training is possible until one day before the start of the Training. If registration takes place within 10 business days prior to the start of the Training, the timely receipt of the training material cannot be guaranteed.
2.4 The Participant commits himself for the entire duration of the Training.
2.5 Every Participant receives confirmation of participation by e-mail within 2 business days after receipt of the registration.
2.6 Sijthoff Media enters into a contract with the individual Participant, not with the firm or respectively the employer for whom the Participant is working. The Participant naturally is at liberty to have the invoice settled by the firm or the employer respectively, but the participant always remains responsible for full and timely payment.
2.7 Sijthoff Media reserve the right, without stating reasons, to reject individual registrations.
3. Prices and payment conditions
3.1 Unless stated otherwise, all prices are inclusive of sales tax and inclusive of training material and catering. Accommodation is included if and to the extent this is stated under the description of the course.
3.2 Sijthoff Media have the right to change the prices at all times, under the proviso that after confirmation of a Training, the price effective at such time will continue to apply, unless the Training is cancelled upon request of the Participant and is rescheduled for a later date, in which case the price effective at the time of the new confirmation applies, without prejudice to article 5 of these Conditions for Training.
3.3 Discount arrangements and/or promotional offers cannot be combined. The most favourable price for the Participant will be billed.
3.4 Invoices must furthermore be settled at the latest on the final business day preceding the start of the Training.
3.5 If the price of the training owed has not been timely settled, Sijthoff Media have the right not to carry out the Agreement or to terminate it prematurely and to deny the Participant (further) access to the Training. In such case, an Agreement will be considered as if cancelled by the Participant and the cancellation fees as stated in article 4 of these Conditions for training will apply.
4. Cancellation by Participant
4.1 In case a Participant is prevented from attending, a Participant may have himself substituted by someone else without any concomitant costs, unless this is ineffective in the reasonable opinion of Sijthoff Media, considering the professional experience and educational level of the Participant, and provided this has been communicated in writing before the start of the training. The Participant shall continue to owe the full original price for the training.
4.2 The total or partial termination of an Agreement by a Participant must take place in writing or by e-mail.
4.3 The Participant has the right to rescind the Agreement during 14 days after registration for the Training (if the legal reflection period pursuant to Book 6, Section 230o BW (Dutch Civil Code) applies), unless agreed otherwise and unless the Participant has already started the Training.
4.4 If the Participant cancels his participation in Training in writing more than 30 days before the start of the Training, € 100.00 (excl. VAT) in administration costs will be due and the costs that may have already been incurred – and that cannot be refunded – such as costs for accommodation. If the participant cancels less than 30 days before the start of the Training, 100% of the course fee will be billed. With respect to the determination of the cancellation fee, the date of receipt of the letter or e-mail or respectively the date on which the payment term has expired is taken as the criterion.
5. Rescheduling
5.1 The Participant may reschedule his participation in the Training, provided the same program of the relevant Training will be offered again within a period of one year after the start of the Training and provided the program is not fully booked yet. Rescheduling may be done once only. Sijthoff Media confirm to the Participant whether the rescheduling can take place.
5.2 If the Participant wishes to exercise the option to reschedule, he must submit a written request to such effect no later than five business days before the start of the Training. The Participant owes € 100.00 (excl. VAT) in administration costs for rescheduling.
5.3 If the request to reschedule is received within five business days before the start of the Training, or after the start of the Training by Sijthoff Media, the full invoice amount shall be due and the Participant can still exercise the rescheduling option against payment of 25% of the original invoice amount.
5.4 After rescheduling, cancellation by the participant is no longer possible and the original invoice must be paid.
6. Cancellation and/or modification by Sijthoff Media
6.1 Sijthoff Media have the right, without stating reasons, to apply changes (including, but not limited to changes regarding the content, the setup, the teachers, the material, the date, the hour, the location, the place where the training is conducted) to announced Training and to cancel announced Training.
6.2 In case the number of participants for a Training to be conducted is below the minimum number set by Sijthoff Media, Sijthoff Media have the right to cancel the program.
6.3 In case of cancellation, the Participant can be offered the option to register for a different Training. In case the Participant does not accept registration for a different Training, the Participant is entitled to a refund of the full amount paid to Sijthoff Media.
6.4 In case of any changes to the date, the hour, or the location of Training, the Participant shall be notified in writing or electronically. In that case, a Participant, unless agreed otherwise, can cancel within 14 days after the day of signing of the letter or e-mail regarding the change, free of charge by way of a letter or e-mail.
7. Complaints
7.1 For the complaints procedure, reference is made to article 10 of the Terms and Conditions. If Sijthoff Media belief a complaint is valid, they offer the Participant the option to participate in an alternative Training, provided the Participant has registered for an alternative Training within 30 days after being offered the option.
7.2 The option to follow alternative Training can only be exercised if the alternative training starts within one year after this option is offered and on condition the alternative Training has not been fully booked yet. After registration for an alternative Training, it is not possible for the Participant to cancel, reschedule, or to have himself replaced by someone else.
7.3 In case the price of the alternative Training is higher than the price invoiced for the Training already taken, Sijthoff Media will send an invoice for the exceeding costs. In case the price of the alternative Training is lower than the price invoiced for the Training already taken, no refund will take place.
8. Liability
Sijthoff Media shall make every effort to conduct all Training to the highest quality level, both as to substance and as to organisation. In spite of this, it cannot be ruled out that incorrect material information is provided, either by the teacher during the Training, or in the written material that is provided to the Participant as part of the Training. Sijthoff Media exclude any liability for this, subject to wilful intent or deliberate recklessness on the part of Sijthoff Media and/or their management.
9. Force Majeure
9.1 In case Training cannot go ahead physically in-class due to Force Majeure, Sijthoff Media retain the right – where possible – to organise the Training on-line.
10. Permanent education
10.1 Sijthoff Media provide a certificate of participation to a Participant who has taken part in a training if the Participant registered his or her attendance or attendance was communicated by the teacher.
10.2 Unless indicated otherwise, a training is a registered course by a certified permanent education (PE) institution in the sense of the further regulations for permanent education.
I. Conditions for In-company Training
1. Definitions and scope
1.1 In these Conditions for in-company training, the terms below are defined as follows:
1.2 All offers, quotations, and Agreements of Sijthoff Media to/with a Counterparty regarding providing or causing to provide services by Sijthoff Media with respect to In-company Training are, besides the general provisions, subject to the present Conditions for In-company Training.
2. Offers, adoption, and prices
2.1 The exploratory discussions between Sijthoff Media and the Counterparty regarding In-company Training is free of charge.
2.2 An Agreement between Sijthoff Media and the Counterparty is only adopted when a quotation prepared by Sijthoff Media is signed and returned by the Counterparty within the term established for this in the quotation, or written approval is given by the Counterparty to Sijthoff Media by e-mail. Sijthoff Media enters into a contract with the Counterparty, not with individual participants in the In-company Training.
2.3 All prices listed in the quotation comprise the execution of the activities regarding the In-company Training and are inclusive of training material, unless stated otherwise. Prices are exclusive of catering, rent of venues, any possible ancillary items (flipover, beamer, etc.), host(ess), and travel and accommodation costs for participants and teachers, unless established otherwise in the Agreement. These costs will (if applicable) be offered and invoiced separately. Additional work that is not a part of the Agreement will be billed by Sijthoff Media to the Counterparty separately. The Counterparty can only accept the quotation in its entirety, not in part.
3. Cancellation and modifications by Sijthoff Media
3.1 Sijthoff Media have the right, without stating reasons, to apply changes (also including, but not limited to changes with respect to the content, the setup, the teachers, the material, the date, the hour, the location, the place where the In-company Training is given) in announced In-company Training or to cancel announced In-company Training, without being obliged to provide compensation of damages.
3.2 In case of the cancellation of an In-company Training, the Counterparty is entitled to a refund of the full amount paid by the Counterparty to Sijthoff Media.
3.3 In case of changes to the content, setup, date, hour, or location of an In-company Training, the Counterparty will be notified in writing. Sijthoff Media enter into consultations with Counterparty to discuss the relevant change and to agree on a suitable alternative for both parties.
4. Cancellation and modifications by the Counterparty
4.1 Total or partial cancellation of an In-company Training by the Counterparty must be done in writing or by e-mail. With respect to the determination of the cancellation fee, the date of receipt of the letter or e-mail or, as the case may be, the date on which the payment term has expired is taken as the criterion. In the latter case, Sijthoff Media have the right not to execute the Agreement and the Agreement will be deemed to have been cancelled by the Counterparty.
4.2 Unless agreed otherwise, in case of cancellation of the In-company Training, the Counterparty shall be due the following amounts:
Up to 10 weeks prior to the (first) date of the training, the Counterparty shall be due € 150.00 in administration costs plus any costs that may have been incurred, which cannot be refunded.
Within 6 to 10 weeks prior to the (first) date of the training, the Counterparty is obliged to pay 50% of the agreed rate, i.e. is entitled to a refund of 50% of the agreed rate by Sijthoff Media.
Within 6 weeks preceding the (first) training date, the Counterparty is obliged to pay 100% of the established rate.
4.3 The Counterparty is not entitled to a refund and/or compensation of damages in case the Counterparty terminates the In-company Training prematurely or the participants do not partake in the In-company Training in any other respect, subject to differing agreements.
4.4 The Counterparty is not allowed to exceed the number of participants established between the Counterparty and Sijthoff Media.
J. Complaints procedure
Sijthoff Media continuously aim to achieve the best possible experience for all its counterparties. However, situations may occur in which a participant or client feels dissatisfied with (a) certain delivery aspect(s).
In most instances, such an issue will be resolved by addressing it in discussion between the person(s) involved, the relevant faculty member (if applicable), an Sijthoff Media staff member and/or Sijthoff Media’s General Manager.
Formal complaints
If a matter is not resolved satisfactorily through informal means based on article 10 of these Terms and Conditions, a formal complaint should be made in writing within 14 days after Sijthoff Media have found the informal complaint unfounded. Written complaints should state clearly:
Contact details
Sijthoff Media Groep B.V.
Attn.: Team Klachtenprocedures/Complaints
Weesperplein 4A
1018 XA Amsterdam
The General Manager will contact the complainant within 10 business days after filing the formal complaint to outline the steps Sijthoff Media will take, including a timeline and date by which the response will be issued. The response will be issued within a maximum of 30 days.
Should a matter still be unresolved to the participant’s or client’s satisfaction, he/she can refer his/her complaint to one of the mediators at Reuling Schutte:
Contact details
Reuling Schutte
De Lairessestraat 137-143
1075 HJ Amsterdam
E info@reulingschutte.nl
Mediation will be legally binding once the parties have agreed a settlement of their dispute, and it is set down in writing and then signed. A record of the complaint will be kept at Sijthoff Media for a period of 4 years from the date of the written outcome. Should the parties not have reached agreement with respect to their dispute through mediation, either party shall follow the procedure described in article 14 of chapter A of these General Terms and Conditions.
Confidentiality will be observed with regard to all complaints.