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I. Scope of Validity

  1. These General Terms and Conditions apply between Contentway Group B.V. and the companies (the customer/customers) that participate in the publications of Contentway Group B.V.

  2. Contentway Group B.V. performs all services exclusively based on the general terms and conditions in the version that is valid at the time of the assignment. Customers usually receive these in advance, but at the latest simultaneously with the booking confirmation.

  3. Deviating (oral) agreements, limitations, changes, or additions must be submitted in writing to Contentway Group B.V. and are only applicable if confirmed in writing by Contentway Group B.V.

  4. Deviating general terms and conditions or purchase conditions of the customer are expressly not applicable.

II. Conclusion of the Contract

  1. Offers from Contentway Group B.V. are generally non-binding. They only constitute an invitation for the customer to accept an offer in a legal sense. The order is binding if it is not canceled within three days. Contentway Group B.V. must also confirm this.

  2. By accepting the non-binding offer, the customer shows his interest in participating in one or more publications of Contentway Group B.V. Acceptance can be done orally or in writing (email is sufficient). The contract only becomes legally valid after an oral (e.g., telephone) or written (email is sufficient) booking confirmation from Contentway Group B.V.

III. Products of Contentway Group B.V. (Contribution Options)

  1. Contentway Group B.V. creates special thematic publications in print and digital form. The customer can book one or more contributions in these publications. For this, he can choose from the following forms of contributions (customer contributions):

o Advertising Content: advertising contribution from a company according to the material requirements referred to in the appendix (III clause 2 sub 2). The content is provided by the customer, marked as an advertisement, advertorial, or advertising contribution, and categorized according to the quality requirements (e.g., company portrait, product portrait, or portrait). o Advertisement: classic advertisement designed by the customer, marked as an advertisement, and surrounded by editorial contributions.

  1. The characteristics of the respective forms of the contribution(s) and further details can be found in the currently valid material requirements, which are sent as an appendix (1) to the offer [and/or] General Terms and Conditions and expressly form part of these General Terms and Conditions.

  2. Orders for other product forms or categories and/or other product names are only binding after consultation and possibly displaying an example and the explicit written confirmation by Contentway Group B.V.

  3. In principle, there is no claim to a specific placement desired by the customer within the booked publication. The promise of a specific placement according to the specific wishes of the customer is only binding after written confirmation by Contentway Group B.V. In that case, a placement surcharge of 20% on the agreed price is calculated.

IV. Right of Refusal by Contentway Group B.V.

  1. Contentway Group B.V. reserves the right to refuse customer contributions that do not meet the product requirements according to Article III GTC, including the material requirements as described in Appendix 1, or to publish them with a different product marking or as a different form of contribution. This applies especially when guest contributions with advertising content are delivered.

  2. In case of refusal of such a contribution, the customer is given a one-time period to provide a contribution that meets the product requirements agreed upon at the time of booking. If the customer does not provide a new contribution that meets the requirements within the specified period, Contentway Group B.V. can either definitively refuse the publication of the contribution or mark and place the contribution as an advertising contribution. This decision lies with Contentway Group B.V., and the customer is immediately informed. The customer has no right to withdraw due to the refusal or a changed designation. The claim to payment, in particular, is not affected.

  3. This also applies to non-compliance with technical standards and/or quality requirements.

  4. Contentway Group B.V. also reserves the right to refuse customer contributions for other important reasons. For example, but not exclusively, a reason for refusal of (placement of) a customer contribution exists if:

o the content violates laws or official regulations, o the contribution contains advertising of or for a third party, o the contribution contains political or religious views, o the content supports the arms industry, o advertising is made for medical substances, or medical substances are described or named.

  1. If Contentway Group B.V. does not exercise its right to refuse customer contributions containing advertising of or for a third party and thus publishes them, it is entitled to charge a suitable surcharge on the agreed costs of the contribution in question.

  2. The refusal of a customer contribution is immediately communicated to the customer. The customer is given a reasonable period within which he can provide a new or modified contribution to possibly avoid the refusal or price increase.

  3. Contentway Group B.V. is not obliged to check every customer contribution for possible reasons for rejection. This applies in particular to the question of whether a contribution is advertising or contains advertising of or for third parties.

V. Delivery of Contributions and Printing Data

  1. Contentway Group B.V. informs the customer when the print material must be received at the latest (print deadline).

  2. The customer is solely responsible for the timely delivery before the deadline and the impeccable quality of the delivered print material (especially print data in digital form). This applies to both texts (e.g., in Word format) and images and graphics, as well as for the complete advertisements provided. The print material provided by the customer must contain all data necessary for the final print of the contribution.

  3. If contributions (especially specially designed advertisements) are delivered incomplete or without the required properties according to the material requirements (Appendix 1), the customer is obliged, at the request of Contentway Group B.V., to immediately provide a corrected version. If the customer does not fulfill this obligation, Contentway Group B.V. has the right to make the necessary adjustments itself, possibly using third-party services. In this case, the customer bears the costs for the resulting additional expenses.

  4. The customer does not have to send a proof. If the customer still sends proofs to Contentway Group B.V., they are not passed on to the printing company nor are they decisive for the final appearance. Only the digital print data provided by the customer are decisive.

  5. Print material and/or proofs are only returned at the explicit request of the customer.

  6. Contentway Group B.V. is not obliged to keep the print material. Usually, the print material is kept for a month after the first publication of the customer contribution and then disposed of.

VI. Approval by the Customer

  1. Contributions in text form, such as guest contributions, are placed by Contentway Group B.V. in the layout of the respective publication (production). The contributions with the finished layout are sent to the customer in PDF format for approval and, if necessary, correction.

  2. A maximum of two approved PDF files is sent free of charge. From the third request of the customer for a PDF file, the publisher can charge the customer the additional costs of €50. A total of up to 5 PDF files are created.

  3. The approval process is carried out on the production days of the publication in which the customer has booked a contribution. The customer is informed in advance about the production date. The customer is obliged to appoint a contact person for Contentway Group B.V. for the approval process in due time.

  4. If a contribution is not returned corrected or approved by the customer immediately, it is considered approved.

  5. If the customer wishes to make changes after the fifth approved PDF file, these are taken into account but considered approved without being sent to the customer.

  6. Contributions delivered in a finished layout, such as advertisements, are not sent to the customer for approval after being placed in the layout of the publication.

VII. Usage Rights

  1. The buyer declares that he holds all copyrights, trademark rights, and other patent rights necessary for the publication of the customer contribution in question and that neither the texts nor the layout or other design infringe the rights of third parties.

  2. The customer grants Contentway Group B.V. the required usage rights to copyrights and related rights, trademark rights, and other patent rights for the use of all customer contributions sent to Contentway Group B.V. in print and online media of all kinds, including the internet, unlimited in time, place, and content. This includes in particular the right to reproduction, distribution, exhibition, broadcasting, public access, and disclosure.

  3. In addition to supplementing the publication in newspapers and distributing it at events such as trade fairs, the granting of rights also includes all other conceivable marketing and distribution forms as well as (still) unknown forms of use.

  4. Contentway Group B.V. also has the right to store customer contributions in databases or have them stored by third parties and make them available for retrieval and offer them to third parties.

  5. Contentway Group B.V. also has the right to keep the publication or individual contributions from it available in digital form (e.g., as PDF documents) or offer them as downloads for any end devices and with any technology.

  6. Contentway Group B.V. has the right to archive all publications in which customer contributions are included or only the relevant customer contributions and make this archive publicly available indefinitely and spatially.

  7. Contentway Group B.V. has the right to further transfer all rights granted to third parties or grant simple usage rights to third parties.

  8. The customer agrees in advance to the editing of all material sent to Contentway Group B.V. and the corresponding use of the new copyrights that may arise from the editing.

  9. The customer is solely responsible for the content and legality of the text and image material and all provided components, layouts, etc., made available for publication.

  10. The customer indemnifies Contentway Group B.V. from all claims of third parties that they may assert against Contentway Group B.V. due to violations of rights by customer contributions. Furthermore, Contentway Group B.V. is indemnified by the customer from the costs of an effective legal defense that may arise as a result of these claims/claims of the aforementioned third parties. The customer is obliged to support Contentway Group B.V. in good faith with information and documentation in the legal defense against third parties.

VIII. Usage Terms and Intellectual Property Rights

  1. The usage terms apply to all content and other materials published by Contentway Group B.V., regardless of whether they are of editorial or commercial nature.

  2. The published content, including publisher, author, trademark, and trade name rights, is exclusively subject to the (intellectual) property rights of Contentway Group B.V. and/or its licensors. The (right to) use does not result in any form of transfer, license, or other usage right concerning these rights to the user.

  3. Contentway Group B.V. has expressly reserved all (copyright and other) rights concerning the published content. As a result, it is not permitted to reproduce, reuse, request, or otherwise duplicate these in whole or in part without the express and written consent of Contentway Group B.V., except for personal non-commercial use.

  4. Text and data mining is expressly not allowed, except for retrieval and reproduction for scientific research as referred to in Article 15n of the Copyright Act.

  5. If the user infringes on the rights of Contentway Group B.V., the user is liable for all damages suffered by Contentway Group B.V., including research and legal costs.

IX. Liability of Contentway Group B.V.

  1. Contentway Group B.V. uses various subcontractors for printing and distributing the publication. The customer agrees to this in advance.

  2. To the extent that Contentway Group B.V. is liable due to an attributable shortcoming, incorrect execution of the assignment, from tort, or any other legal basis, the following provisions apply:

o Contentway Group B.V. is only liable for direct damage, except in cases of intent, gross negligence, or willful recklessness, and limited to an amount that is reasonably proportional to the amount of the given assignment and the seriousness of the possible shortcoming/failure. o Contentway Group B.V. is not liable for consequential damage or indirect damage, such as (but not limited to) lost profit, missed opportunities, business interruption, or other damage not reasonably foreseeable.

  1. For claims under the Product Liability Act, as well as in case of injury to life, body, or health, the above limitations do not apply, but Contentway Group B.V. is liable according to the statutory provisions.

  2. All claims against Contentway Group B.V. (and/or subcontractors engaged by her) due to attributable shortcomings or incorrect execution of the assignment lapse within one year after the statutory limitation period unless they are based on intentional behavior.

  3. In case of operational disruptions or in the event of force majeure, illegal strikes, unlawful seizures, traffic obstructions, general shortages of raw materials or energy, etc. - both in the publisher's company and in external companies that Contentway Group B.V. uses to meet its obligations - the invoice amount is reduced in the same proportion as the promised circulation compared to the actually distributed circulation. Further liability is excluded - for such cases of force majeure and/or abnormal unforeseen situations where execution by Contentway Group B.V. becomes practically impossible or unreasonably burdensome.

  4. Contentway Group B.V. maintains a margin of error up to 5% for specials not included; the responsibility lies with our distribution partners.

X. Cancellation by the Customer 1. The cancellation of a contribution by the customer must be done in writing and is only accepted after written confirmation by Contentway Group B.V. Cancellation costs amount to 25% of the agreed contribution costs if canceled before the editorial meeting. The customer contribution is not published in that case.

  1. In case of cancellation after the start of the editorial meeting, the cancellation costs amount to 100%. This means that the right to compensation from Contentway Group B.V. remains fully valid. In that case, Contentway Group B.V. strives to remove the customer contributions from the publication as far as still possible.

  2. Cancellation is not possible after the start of production.

  3. Cancellation is not possible if there has been no participation in the fairs. Contentway Group B.V. reserves the right to adhere to the concluded agreement.

  4. Contentway Group B.V. is in no way liable for dissatisfaction with the service of a third party fulfilling the assignment and can, if desired - if Contentway Group B.V. deems it possible - replace the third party. The claim to payment, in particular, is in no way affected.

XI. Cancellation by Contentway Group B.V.

  1. Contentway Group B.V. can cancel the publication at any time and withdraw from this contract if there are important reasons, such as (but not limited to) lack of financing of the publication due to insufficient companies participating with customer contributions or inconvenient timing related to the subject of the planned publication. In this case, the contribution costs lapse 100%. Any amounts already paid are refunded to the customer. The obligations of Contentway Group B.V. under the contract thus fully lapse.

  2. Instead of cancellation, Contentway Group B.V. can postpone the originally planned publication date. The customer is informed about this.

  3. Contentway Group B.V. has the right to change or cancel the name of the publication as well as the themes, subjects, and experts included in the publication. The themes, subjects, and experts can only be chosen from the options provided by Contentway Group B.V.

XII. Invoice

  1. The customer is obliged to provide his billing information to Contentway Group B.V. in a timely and correct manner and to notify immediately of any changes.

  2. Contentway Group B.V. invoices its services at the latest on the publication date with a payment term of 30 days.

  3. If the customer disagrees with the invoice, he must notify Contentway Group B.V. in writing of his objections/complaints within 6 weeks after the invoice date, stating the invoice number, otherwise, the customer can no longer invoke the (possible) incorrectness thereof, and the invoice is considered approved.

  4. Contentway Group B.V. has the right to have invoicing and payment transactions carried out by third parties in accordance with Article 3:94 BW and to transfer its claim to payment to third parties. Payment can only be made legally and discharged by payment to the bank account specified on the invoice. The customer naturally agrees upon acceptance of the order.

  5. All prices stated in publications or offers of Contentway Group B.V. are exclusive of statutory VAT.

  6. The customer is responsible for providing the correct invoice information, which cannot be changed afterward without the consent of Contentway Group B.V.

  7. The costs of the fairs as well as the costs concerning the copies are calculated at 50 euros excluding tax and are included in the total amount.

  8. Contentway Group B.V. has the right to conduct a credit check. In case of a negative credit rating, Contentway Group B.V. can inform the customer and request payment of 50% of the agreed amount including VAT in advance. The customer agrees to this and cannot claim cancellation of the assignment and/or the credit check and its results.

XIII. Default

  1. Contentway Group B.V. is entitled, in case of (timely and complete) non-payment and/or other shortcomings on the part of the customer, to suspend further services until the customer has fully met his (payment) obligations. In particular (but not exclusively) the printing of still outstanding already booked contributions. Furthermore, Contentway Group B.V. can demand prepayment for these and other contributions. The suspension of services does not affect the default for such already booked but postponed contributions.

  2. Advertising intermediaries, advertising agencies, or other third parties giving assignments to customers of Contentway Group B.V. are obliged to adhere to the price list of Contentway Group B.V. in their offers, contracts, and settlements with advertisers (customers).

  3. Mediation or other agency commissions must be agreed upon by such intermediaries or agencies with the customer themselves and cannot be deducted from the prices of Contentway Group B.V. This also applies in particular to any customary agency commissions, the deductibility of which is expressly excluded unless such a commission was expressly individually agreed upon.

  4. Discounts granted always apply only to the specific contractor, not to associated companies.

  5. In case of payment default, Contentway Group B.V. is directly entitled to charge statutory interest and extrajudicial collection costs. The payment term is determined by Contentway Group B.V. itself.

XIV. Proof Copies 1. Contentway Group B.V. offers the customer up to five proof copies of the publication on request. This must be explicitly indicated by the customer no later than the print deadline.

  1. Up to 5 copies are sent free of charge. More proof copies are only provided if the customer orders them in time before the print deadline from Contentway Group B.V. or as long as Contentway Group B.V. has sufficient copies available, and a separate print is not required. For the delivery of such additional requested proof copies, Contentway Group B.V. charges the customer a price that must be agreed upon separately.

  2. Providing proof copies is not a condition for payment; this is an additional service provided by Contentway Group B.V.

XV. Data Protection

  1. According to Article 8 sub b of the Personal Data Protection Act, the collection, storage, modification, or transfer of personal data, or the use of such data as a means for fulfilling one's own business purposes, is permitted insofar as the data processing is necessary for the execution of a contract to which the data subject is a party, or for taking pre-contractual measures at the request of the data subject and necessary for concluding a contract.

  2. Contentway Group B.V. in particular collects, processes, and uses the name of the relevant contact person and his/her business email address and telephone number exclusively within the scope of the fulfillment of the obligation. These are also only passed on to third parties used by Contentway Group B.V. to fulfill its contractual obligations (printing, distribution) including invoicing and accounting. These data are not passed on to other third parties.

  3. Correction of the data is possible at any time by simple notification to Contentway Group B.V.

XVI. Competent Court and Choice of Law

  1. Dutch law applies to all disputes arising from the contract.

  2. The competent court for all claims arising from and all disputes related to this contract is the court in Amsterdam, unless mandatory legal provisions designate another competent court.