General Terms
The following clauses are part of the general terms of Mediafin plc, later referred to as Trustmedia. The general conditions are provided to client/instructing party on request.
General
1.1 The general conditions apply to the agreement for publication of advertisements made between Trustmedia and its client/instructing party. Departures from these conditions are possible with explicit written consent of Trustmedia.
1.2. On simple request an English language version of the general terms and conditions mentioned below can be sent to the client/instructing party. However, should there be a dispute, the Dutch language version of these general terms and conditions will prevail.
Article 2: Material
2.1. The client/instructing party must deliver completely ready-to-use material conform the lay-out conditions demanded by Trustmedia. Trustmedia has the right to refuse material which is unsound or not esthetical, or material inconsistent with the formal or content vision of its medium.
2.3. Mistakes or inadequacies as a result of incomplete, unsound or incorrect material or late delivery can by no means lead to damages, price reduction or re-insertions.
Article 3: Specifications
3.1. Insertions on a specific place or day, or exclusiveness on a page can not be guaranteed. Such instructions will be regarded as wishes, which will be taken into account whenever possible. When these wishes are denied, it can by no means be a reason for damages or price reduction.
Article 4: Tariffs
4.1 Unless written agreement, the tariffs for the advertisements are those vigilant at the moment of publication. Trustmedia reserves the right to change the advertisement tariffs at any given moment.
Article 5: Terms of payment
5.1. Unless written agreement, the invoices of Trustmedia are to be paid in cash at the registered office. If the payment is not done on the expiry date, Trustmedia reserves the right to stop the present publications, without cancellation or compensation, and maintaining all rights.
Unless agreed on differently no bills of exchange will be accepted. Bills of exchange do not induce renewal of debt.
5.2. All rights and taxes, of various kind, taking into account potential rights and taxes adopted while executing the agreement, will be to the account of the client/ instructing party. All expenses belonging to the recovering of invoices by Trustmedia ( costs of banks, bills and others) are also at the account of the client/instructing party.
5.3. The instructing party always remains responsible for the payment, also if Trustmedia accepted to make out the invoice to a third party.
5.4 Without prejudice to the stipulations in article 9, in case of dispute the invoice should be protested by motivated registered letter to Trustmedia, posted within 14 days after invoice date. When in default, the invoice is considered definitely accepted by the client/instructing party. The protest should contain the document number of the invoice involved.
5.5. Each invoice which is not settled by the expiry date, will be legally and without proof of default be increased with an interest of 12 % annually starting from the expiry date, and with a lump sum of 15% on the amount due. The compensation will be not be less than 50 euro. When the payment of one invoice is not settled on the expiry date, the sum due of all others, even not expired invoices will be claimable at call.
5.6. Trustmedia reserves the right to execute advertisement only after receiving advance payments.
Article 7: Responsibility
7.1. Trustmedia reserves the right to place a number or other sign, or make clear in any other manner that it is an advertisement.
7.2. The advertisements are published under exclusive responsibility of the client/instructing party. Trustmedia always has the right, when requested, to reveal the identity of the client/instructing party.
Article 8: Limited liability
8.1. When publishing advertisements, Trustmedia always takes into account the normal care of reasonable advertisement direction and publishing. Every liability for late, incomplete or incorrect publishing of advertisements and for damages, loss or lacking profit as a result is explicitly excluded.
Article 9: Complaints
9.1. Complaints must be entered by registered letter within 8 calendar days after the publication at the address of Trustmedia. Complaints will be dismissed:
- when the client/instructing party has approved the design or proofing of the advertisement,
- when the order has been placed orally, by telephone or via fax,
- when the text is unreadable or badly written.
9.2. Obvious mistakes, poor or unclear reproduction of the text/image, unless deliberate faults, can not be the cause of compensation or price reduction.
9.3. Possible responsibility of Trustmedia, whatever the cause and reason might be, are limited to the price of the advertisement.
9.4. No complaint gives the client/instructing party the right to suspend the financial obligation.
Article 10: Supremacy
10.1 In case of supremacy, the obligations of Trustmedia are suspended. In this case, they have to comply with agreements if possible. Trustmedia does not have to prove the inevitable or unexpected circumstances making the publication impossible or delay it.
10.2 Supremacy is made equal to: the unexpected circumstances with people/material which Trustmedia uses to execute the agreement are of the nature that circumstances are extremely awkward or expensive. Trustmedia can not be held responsible for not complying with the agreement.
10.3 When supremacy takes longer then three months, both Trustmedia and the client/instructing party, without any damage claim, can mutually end the agreement which has not yet been executed, by notifying the opposing party by registered letter.
Article11 : Right to refuse
11.1. Trustmedia reserves the right, without any obligation or motivating her decision, to stop or refuse the publication without any compensation.
Article 16: Applicable law - Authorized courts
16.1. The Belgian law will be applied to the legal relation between Trustmedia and its client/instructing party.
16.2 All disagreements will be under the exclusive jurisdiction of the courts of Brussels.
Article 17: Final Clause
17.1. The general terms may not contain any deletions and have priority to the possible general terms of the client/instructing party.
17.2. The possible ineffectiveness of a clause of the general terms does not detract the validity of the remaining general terms which remain valid.