These terms and conditions apply for sponsorship to KoiQuestion and an advertisement on the website of KoiQuestion .com. If these terms and conditions refer to "website" or "service" and / or "services", the provisions are applied to the Dutch-language implementation of the website.
Article 1: Applicability.
These general terms and conditions apply to the relationship between the sponsor and advertiser on the one hand and the Dutch-language implementation of the website (s) of KoiQuestion unless explicitly stated otherwise.
Article 2: Contract agreement .
Parties enter into an assignment agreement for the duration of a full calendar year per sponsorship and paid advertisement, provided otherwise (in writing) agreed. The agreement connects one party, KoiQuestion , to perform work towards the other party, the advertiser, in the form of a sponsorship and where agreed upon an advertisement on the website (s) of KoiQuestion .
Article 3: Maintaining the website (s).
3.1 KoiQuestion makes reasonable efforts to protect its website (s) against loss and / or against any form of unlawful use of visitors.
3.2 KoiQuestion however, is not liable for loss of data, damage to files, unauthorized access to computers or files, viruses spread through advertisements or other unlawful programs or files or any other consequence of the use made of the website (s).
Article 4: Registration advertiser profile and Geographical Map.
4.1 The advertiser is responsible for the correct provision of his company data, as well as for the fact that this will correspond to reality and is therefore correct and complete, so that KoiQuestion can ensure the creation of a correct advertiser profile on the website (s).
4.2 Ask for an advertiser profile KoiQuestion a fee to be specified, which lapses when an advertisement on the website is agreed, which explicitly does not mean a mention on the geographical map and an advertiser profile.
Article 5: The advertisement (depending on the advertising format)
5.1 The advertiser ensures that the description of the advertisement corresponds to reality and is therefore correct and complete.
5.2 The advertiser ensures that the advertisement is delivered in the correct format and file type as to be determined.
5.3 KoiQuestion reserves the right, without giving any reason, to remove advertisements prematurely, to shorten or change the texts of advertisements and / or to remove hyperlinks or photo material if it appears that this does not fit within the character of the website, this it the image and quality of the service seems to harm or harm or when a text or image belonging to the advertisement can be experienced as offensive.
5.4 The advertiser will not be entitled to a refund or any form of compensation in any of the cases referred to in the previous paragraph.
5.5 The website (s) and advertisements may contain references (for example by means of a hyperlink, banner or button) to third-party websites. KoiQuestion has no control over these websites, is not responsible for the content of these websites and can therefore not be held liable for this.
5.6 The advertisement can be displayed on the website in a fixed position, a rotating position or a combination thereof. Wears this way KoiQuestion ensure that the effectiveness of the advertisement is increased.
5.7 KoiQuestion ensures that the advertisement will be visible as much as possible and will be visible in at least 80 percent of the duration of the agreement, except for the cases mentioned in articles 14 and 15 of these conditions.
Article 6: Advertisement and placement
6.1 By placing an advertisement on the website (s), the advertiser has taken note of these terms and conditions advertising as described here.
6.2 By offering an advertising space the advertiser gives KoiQuestion permission to place the information contained in the advertisement, including any photo material and / or hyperlinks, on the website (s) as agreed.
6.3 KoiQuestion wants and will make every effort to keep its website (s) accessible to every visitor as much as possible, as well as by making a categorization to keep it attractive and to bring it to the attention of the website (s) as a whole or parts thereof.
7.5 The advertiser ensures that for every blog content taken over and published as mentioned in article 7.1, a hyperlink to the relevant complete blog on the website (s) of KoiQuestion will be placed, as well as a correct reference to the source.
Article 8: Visitors
Article 9: Extension
9.1 Unless there are compelling reasons, KoiQuestion .com, after the agreed time commitment, automatically display the advertisement for a new period of the same duration, unless at least a whole (1) calendar month before the end of the current agreement is indicated that the advertiser waives extension.
Article 10: Rate
10.1 The rate is a cost per advertisement, excluding the sales tax due, including all further tax and premium obligations and reimbursements.
10.2 Adjustment of the applicable rate is possible after mutual consultation.
10.3 Annually will KoiQuestion present the advertising costs to its advertisers again, in which possible price changes are incorporated.
10.4 These General Terms and Conditions as well as the prices and rates can continue at any time KoiQuestion are being changed.
Article 11: Payment
11.1 The invoice serves as an order confirmation. If the advertiser does not agree with the information stated on the invoice, he will make this known to within five working days after the invoice date KoiQuestion .
11.2 All invoices have a payment term of 14 days, unless explicitly agreed otherwise and stated on the relevant invoice. If the advertiser does not pay on time, he will be in default, without further notice of default or demand, and will owe default interest of 2,5 (two and a half) percent per month or part thereof. In addition, the advertiser will meet KoiQuestion collection costs are due, without prejudice to the right of KoiQuestion to immediately remove the advertisement or banner from its site.
11.3 Invoicing is performed on a one-off basis based on the requested advertising costs per agreed duration of three months (a quarter), half a year or an entire year, respectively.
11.4 In the case of a paid advertisement, KoiQuest will ensure that the advertisement is placed on the website (s) after the advertiser has fully paid his payment and KoiQuest has been notified of this.
11.5 The advertiser receives a digital invoice by e-mail.
11.6 KoiQuest is entitled to immediately exclude the advertiser from the use of its website (s) if the advertiser acts contrary to the intended payment procedure.
11.7 If payment is not made, KoiQuest is forced not to place the advertisement and / or remove it on / from the website (s).
Article 12: Confidentiality
Article 13: Quotation
13.1 KoiQuestion only sends offers via e-mail.
13.2 Offers made by KoiQuestion , have a validity of 14 days, unless explicitly agreed otherwise.
Article 14: Limitation of liability
14.1 In the event that one of the parties fails to meet one or more of its obligations under these General Terms and Conditions, the other party will declare it in default, unless compliance with the relevant obligations is already permanently impossible, in which case the negligent party is immediately in default.
14.2 KoiQuestion is not liable for shortcomings in the layout (corporate identity) of the website (s) on which the advertisement is placed, insofar as these are the result of incompetence, a lack of craftsmanship and / or carelessness.
14.3 KoiQuestion is not liable for the failure or malfunctioning of the hosting provider, of which the website (s) KoiQuestion is placed on.
14.4 KoiQuestion is not liable for damage that directly or indirectly results from the use that advertisers or users make of the website (s).
14.5 KoiQuest is not liable for the behavior of advertisers or users, or for the content of advertisements that are offered.
14.6 The information provided by KoiQuestion has been placed on the website (s) with great care. Nevertheless KoiQuestion not liable for inaccuracies or omissions occurring therein.
14.7 The liability of KoiQuestion for its obligations under the agreement concluded with the advertiser is furthermore limited to the amount that the advertiser has paid or is due for the placement of the advertisement.
14.8 Any liability for indirect damage of advertisers or users, including consequential damage, lost profit, damage due to business interruption and damage due to loss of data, is explicitly excluded.
14.9 KoiQuestion is not liable for any damage of any kind whatsoever with the advert placed (advertisements are only placed on the website (s) with the advertiser's approval).
14.10 If the advertiser fails to pay the invoices due to the circumstances mentioned here KoiQuestion passes KoiQuestion the right to remove or not to place the advertisement.
Article 15: Force majeure
15.1 In the event of force majeure, the fulfillment of the obligations arising from or related to the implementation of these general terms and conditions is wholly or partially suspended for the relevant party for the duration of such force majeure, without the parties being mutually liable for any compensation in this regard. taken into account.
15.2 In the event of force majeure, the other party will be notified of this by e-mail, together with the necessary supporting documents. This will also continue KoiQuestion be assessed by nature and duration.
15.3 Force majeure explicitly does not mean non-compliance or late fulfillment of payments for the advertising costs incurred with the corresponding payment term.
15.4 Force majeure expressly means the unavailability of the website due to malfunctions and / or technical errors of the server and / or hosting manager or of the internet itself.
Article 16: Premature termination of the advertisement (agreement)
16.1 Each of the parties has the right to terminate the advertisement, in whole or in part, with immediate effect, without the need for a written notice of default or intervention by the court. Each party, if the other party appeals to force majeure and the period of force majeure has lasted longer than three months or as soon as it has been established that this period will last longer than three months; each party, in the event that the other party has applied for a moratorium on payments or the other party has been declared bankrupt.
16.2 Furthermore, each of the parties has the right to prematurely terminate the advertisement, in whole or in part, with immediate effect, in whole or in part, if the other party fails to fulfill any obligation arising from and / or related to these general terms and conditions, which non-compliance is of such a serious nature that the other party cannot reasonably be expected to continue to advertise these general terms and conditions and the renouncing party, after being notified by registered letter, remains negligent in complying with this obligation or taking appropriate steps to correct this.
16.3 Premature termination of the advertisement as referred to in this article must be made by registered letter, stating the reasons.
16.4 In the event that one of the parties wishes to terminate the advertisement prematurely, a written cancellation period of an entire (1) month will be observed.
16.5 KoiQuestion Paid advertisements (so after approval of the advertiser and functional on the website (s)) cannot be returned financially with an interim termination, because the design and placement of the advertisement are the invoiced costs.
Article 17: Retention of rights
Failure by one of the parties to enforce any provision of this agreement and / or assignment at any time does not in any way affect the rights of one party to demand full compliance by the other party. The submission by one party of a breach of an obligation of the other does not imply the waiver of the rights arising from that obligation by the first-mentioned party.
Article 18: Invalidity
In the event of the invalidity of one or more provisions of this agreement, the remaining provisions remain in force. Parties then undertake to consult with each other about new provisions to replace the invalid provision (s), whereby the scope of the agreement and the invalid provision (s) is retained as far as possible.
Article 19: Applicable law and disputes
19.1 On this agreement between KoiQuestion and the advertiser is governed by Dutch law. All disputes arising from these General Terms and Conditions that cannot be resolved by mutual agreement will be submitted to the competent court for settlement.
19.2 These terms and conditions can continue KoiQuestion are being changed. The amended conditions are immediately available on the website (s). Amended terms and conditions apply immediately.
19.3 Disputes must be made known to the other party by registered letter.
Article 20 Use of personal data
20.1 If use is made of the advertising possibilities on the website (s), the data of the advertiser, including, but not limited to, name, address, place of residence data, e-mail address and bank account number, must be complete, correct and current. to be. The advertiser guarantees to be legally authorized to advertise on the website (s).
20.2 Personal data and company data will never be provided to third parties, provided that the advertiser includes this data in the advertisement.
Article 21 Intellectual property
All intellectual property rights with regard to the website (s), including the texts, images, design, photos, image and / or sound material, formats, brands and domain names belong to KoiQuestion . In cases where this is not the case, maintain KoiQuestion as much as possible a correct reference to the source.