Contact General conditions

General

1.1. These general conditions are applicable to the advertisement publication contracts signed by Trustmedia and its client and/or instructing party. They may not include deletions and have priority over the possible general conditions of the client and/or instructing party. Deviations from these conditions are only possible given an explicit written agreement by Trustmedia. The possible inefficacy of a clause of these general conditions does not devalue the validity of the other general conditions, which remain fully in effect.

1.2. Trustmedia is part of Mediafin nv.

1.3. Upon simple request, an Dutch / French 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 and/or instructing party must deliver material that is fully ready-for-use and that complies with the conditions for use as set by Trustmedia. Trustmedia holds the right to refuse faulty or unaesthetic material, or material that is conflict with the formal or content direction of its media.

2.3. Errors or shortcomings that are the result of incomplete, faulty or non-conform material, or of a late delivery, cannot result in any compensation for damages, reductions or re-insertion.

Article 3: Specification

3.1. Insertion in a specific place or on a specific day, or exclusivity on the page cannot be guaranteed. All instructions along those lines are regarded as requests, which will be taken into account in as far as possible. In no case can failing to implement these requests result in any compensation for damages or reductions.

Article 4: Rates

4.1. Unless an explicit written agreement that states differently, the advertisement will be charged at the rate that is in effect on the moment of publication. Trustmedia holds the right to change the advertisement rate at any given time.

4.2. Cancellation cost:
- Newspapers: within 24 hours before the planned publication: 50% of the rate – after 5 PM on the day before the planned publication: 100% of the rate – special formats (panoplus, pano and half-pano): cancellation term of 1 week;
- Special newspaper dossiers: from 4 weeks before publication: 50% - from 2 weeks before publication: 100% of the rate;
- Magazines: from 8 weeks before publication: 50% of the rate – from 4 weeks before publication: 100% of the rate. Cancellation of cover position, prima posta or special formula is not possible;
-  Internet: see “Sales Guidelines IAB Belgium” (http://www.iab-belgium.be/toolbox/nl/sales-guidelines.aspx)

Article 5: Payment Conditions

5.1. Unless an explicit written agreement that states differently, the invoices of Trustmedia have to be paid in cash at the registered offices. Upon non-payment on the expiry date, Trustmedia holds the right to cancel the execution of the ongoing publication projects, without prior notice of cancellation or compensation, and whilst maintaining all its rights.
Unless agreed differently, no changes are accepted. Changed do not result in novation.

5.2. All rights and taxes, of any kind, including possible new rights and taxes that are introduced during the execution of the agreement are at the expense of the client and/or instructing party. All costs related to the collection of the invoices by Trustmedia (bank, exchange rates and other) are also at the expense of the client and/or instructing party.

5.3. In all cases, the instructing party remains co-responsible for the payment, also if Trustmedia accepts to send out the invoices to a third party.

5.4. Without prejudice to the provisions of article 9, in case of dispute, the invoice must be protested by means of a motivated registered letter to Trustmedia sent within fourteen days from the invoice date. The absence of this results in the absolute acceptance of the invoice by the client and/or instructing party. The protest must include the document number of the specific invoice.

5.5. Every invoice that has not been paid, or not completely paid, on its expiry date, will be increased legally and without proof of default, with an interest of 12 % per year starting from the expiry date, and with a fixed compensation of 15 % of the outstanding amount, with a minimum compensation of 50 Euros. The non-payment on the expiry date of a single invoice will result in the legal claiming of the outstanding amounts of all outstanding invoices, even those that haven’t expired yet.

5.6. Trustmedia holds the right to execute advertisement projects only after pre-payment.

5.7. Per insertion of an advertisement, a maximum of one invoice will be composed. No division can be made.

Article 7: Responsibility

7.1. Trustmedia holds the right the place a number or any other sign, or to indicate clearly in any other way that it is an advertisement.

7.2. The advertisements are published under the exclusive responsibility of the client and/or instructing party. Trustmedia always holds the right, when asked to do so, to give away the identity of the client and/or instructing party.

Article 8: Limitation of Liability

8.1. For the execution of the projects, with regards to the publication of the advertisements, Trustmedia takes the normal precautions that can be expected from a reasonable media sales house and publisher. However, there will be no possible liability for the late, incomplete or incorrect publication of an advertisement and for the resulting damage, loss or lost profit.

Article 9: Complaints

9.1. Complaints must be submitted by registered letter within 8 calendar days starting from the publication, and must be addressed to Trustmedia. Complaints are not admissible:
- if the advertisement corresponds with the design or the proof, and when the client and/or instructing party has approved the design or the proof,
- if the project was given by telephone or verbally,
- if the text is illegible or poorly composed.

9.2. Obvious errors, poor or unclear reproduction of text and/or image cannot result in any compensation for damages or price reduction.

9.3. Possible responsibility of Trustmedia, as a result of whatever cause or whatever reason, is always limited to the price of the advertisement.

9.4. No complaint entitles the client and/or instructing party to cancel his payment obligation.

Article 10: Force majeure

10.1. In case of force majeure, the obligations of Trustmedia are cancelled. In this case, it only has to execute its commitments as soon as this is reasonably possible. Trustmedia will not have to prove the unforeseen or inevitable character of the circumstances that have delayed the execution of the publication, or that have it impossible.

10.2. Force majeure is in effect in case of unforeseen circumstances with regards to persons and/or material used or needed by Trustmedia for the execution of the agreement, which are of such nature that the execution of the agreement becomes impossible, or that are compromising and/or disproportionately expensive, so the immediate observance of the agreement cannot be demanded of Trustmedia in any reasonable way.

10.3. If the force majeure lasts longer than three months, then both Trustmedia and the client and/or instructing party are entitled, without any form of compensation for damages, to end the agreement for the non-executable part by informing the other party by registered letter.

Article 11: Right to Refuse

11.1. Trustmedia holds the right, without having to motivate its decision, to stop or refuse the advertisement, without this resulting in any form of compensation for damages.

Article 16: Applicable Law – Authorised Court

16.1. The Belgian law applies to the legal bond between Trustmedia and its client and/or instructing party.

16.2. All disputes are solely the responsibility of the courts of Brussels.