KOIQUESTION TERMS AND CONDITIONS
Version 1.3
Effective Date: July 31, 2026
Key Points
This summary helps customers quickly understand the key terms. In the event of any discrepancy between this summary and the full terms and conditions, the full text shall prevail.
- KoiQuestion is operated by 321Media B.V., doing business as KoiQuestion.
- A sponsorship agreement is established once the sponsor has completed the application form, accepted the terms and conditions, and KoiQuestion has confirmed the application.
- Payment does not constitute the basis for the formation of the agreement.
- Sponsorship agreements typically last one year. A discount may apply for a two-year agreement.
- Monthly or other installment payments are merely a payment arrangement. This does not make the agreement terminable on a monthly basis.
- In principle, sponsorship fees are due in advance.
- Upon renewal, the price of the relevant sponsorship package in effect at that time will apply, unless otherwise agreed in writing.
- Sponsorship does not entitle the sponsor to positive coverage, editorial influence, exclusivity, reach, revenue, leads, or a guaranteed publication outcome.
- Unused package components expire at the end of the relevant contract year.
- Reminders regarding renewals or remaining package components may be sent as a courtesy. The absence of such reminders does not alter the terms of the agreement.
- KoiQuestion reserves the right to review, edit, delay, reject, or remove submitted content.
- For consumers, mandatory statutory consumer rights always apply.
Article 1 – Identity of KoiQuestion
- KoiQuestion is a trade name under which journalistic, educational, commercial, and multimedia activities related to Nishikigoi are carried out.
- The contracting party is:
321Media B.V.
, doing business as KoiQuestion
Kattegat 6-2
9723 JP Groningen
Netherlands
Chamber of Commerce number: 74774557
VAT number: NL860021579B01
Email: info@koiquestion.com
- In these terms and conditions, 321Media B.V. and KoiQuestion are collectively referred to as “KoiQuestion,” “we,” “us,” or “our.”
- The agreement is entered into with 321Media B.V., doing business as KoiQuestion, unless an individual agreement expressly names a different contracting party.
Article 2 – Definitions
For the purposes of these terms and conditions, the following definitions apply:
Account: a personal or business user account that provides access to a KoiQuestion digital environment.
Content: all text, photos, images, illustrations, logos, trade names, videos, audio recordings, documents, data, files, and other materials.
Consumer: a natural person acting for purposes unrelated to their business or professional activities.
Services: all services, work, access services, and activities offered by KoiQuestion.
Customer: any natural person or legal entity that enters into an agreement with KoiQuestion or accepts an offer from KoiQuestion.
KoiQuestion content: all content, formats, productions, databases, designs, systems, and materials created or made available by or on behalf of KoiQuestion.
Additional work: work or costs that are not covered by the originally agreed-upon assignment, proposal, or sponsorship package.
Commissioned production: a photography, video, audio, podcast, text, or other media production created for a client upon request and in exchange for payment.
Agreement: any arrangement between KoiQuestion and a customer regarding the delivery of products, services, sponsorship, access, or work.
Editorial production: a type of production in which KoiQuestion independently determines the topic, content, angle, format, selection, editing, context, and publication.
Sponsor: a business customer who enters into a sponsorship, partnership, or similar commercial agreement with KoiQuestion.
Sponsor Portal: a digital environment that KoiQuestion can make available to sponsors or business partners.
Business customer: a customer acting in the course of a profession, business, organization, or commercial activity.
Article 3 – Applicability
- These terms and conditions apply to all:
a. Offers and quotes from KoiQuestion;
b. Sponsorship and partnership agreements;
c. Order confirmations;
d. Media productions;
e. Events, tours, workshops, and gatherings;
f. Digital services and knowledge products;
g. Physical products;
h. Accounts and digital environments;
i. Other agreements with KoiQuestion. - The customer’s terms and conditions do not apply unless KoiQuestion has expressly accepted them in writing.
- Any deviation from this agreement is valid only if it has been recorded in writing or electronically.
- Any deviating agreement applies exclusively to the subject matter and the agreement for which it was made.
- In the event of a conflict, the following order of precedence applies:
a. an individually signed agreement;
b. a written confirmation of a deviating agreement;
c. the quote, request, or order confirmation;
d. these general terms and conditions;
e. KoiQuestion’s disclaimer and privacy statement. - If a provision applies exclusively to business customers or consumers, this will be stated in the provision in question.
- These terms and conditions do not limit consumers’ mandatory statutory rights.
Article 4 – Offers and Information
- Information on KoiQuestion’s websites, landing pages, brochures, social media, and other communications is non-binding, unless it is expressly stated that it constitutes a binding offer.
- An offer or quotation is valid for the period specified therein. If no period is specified, the offer is valid for fourteen days.
- Obvious errors, calculation errors, typographical errors, and obvious technical errors are not binding on KoiQuestion.
- Images, examples, descriptions, statistics, visitor numbers, and forecasts are for illustrative purposes only, unless a specific result is expressly guaranteed.
- A composite quotation does not obligate KoiQuestion to perform a portion of the work for a proportionate share of the total price.
- An offer is based on the information provided by the customer at that time. If that information turns out to be incorrect, incomplete, or has changed, KoiQuestion may adjust the offer, schedule, and price.
Article 5 – Formation of the Agreement
- A sponsor submits an application by:
a. Fill out the appropriate application form;
b. Accept the applicable terms and conditions; and
c. Submit the application electronically. - The application constitutes a binding offer by the sponsor to enter into the selected sponsorship agreement.
- The sponsorship agreement is concluded as soon as KoiQuestion confirms the application in writing or electronically.
- Payment is not a condition for the sponsorship agreement to take effect.
- The failure to make a payment, the failure of a payment, or the reversal of a payment shall not affect the agreement entered into or the resulting payment obligations.
- For other services, the agreement is concluded as soon as:
a. KoiQuestion confirms an order or assignment;
b. the customer accepts a quote in writing or electronically;
c. KoiQuestion confirms the customer’s online order;
d. the parties sign an agreement; or
e. KoiQuestion begins performance with the customer’s consent. - KoiQuestion may refuse a request or order if, in our reasonable judgment, it does not align with:
a. our editorial independence;
b. our activities or available capacity;
c. our professional or ethical principles;
d. the security or integrity of the platform;
e. applicable laws and regulations;
f. the interests or reputation of KoiQuestion. - Whenever reasonably possible, KoiQuestion will provide a brief explanation in the event of a rejection.
Article 6 – Consumers and the Right of Withdrawal
- Sponsorship, commercial partnerships, and corporate media productions are, in principle, offered exclusively to business customers.
- There is no general statutory cooling-off period for business contracts, unless otherwise agreed in writing.
- A consumer who enters into a contract remotely has a statutory right of withdrawal to the extent that such right applies to the contract in question.
- KoiQuestion provides consumers, before or at the time of entering into the agreement, with the information required by law regarding:
a. the cooling-off period;
b. how the consumer can withdraw;
c. any return costs;
d. legal exceptions;
e. the model withdrawal form. - If the consumer requests that the provision of a service begin during the cooling-off period, a proportional fee may be due for the portion of the service already provided in the event of cancellation.
- The right of withdrawal may lapse upon full performance of a service if:
a. the consumer has expressly requested that performance begin during the cooling-off period;
b. the service has been fully performed; and
c. the consumer has acknowledged in advance that the right of withdrawal expires upon full performance. - For digital content that is not delivered on a physical medium, the right of withdrawal may lapse if the consumer:
a. expressly agrees to immediate delivery; and
b. acknowledges that, by doing so, he waives his right of withdrawal. - The legal exceptions to the right of withdrawal remain in effect, including exceptions for custom-made items, personalized products, and certain time-sensitive services or events.
Article 7 – Provision of Services
- KoiQuestion performs the agreed-upon services professionally, diligently, and to the best of its ability.
- Unless a specific result has been expressly guaranteed in writing, KoiQuestion has an obligation to use its best efforts and not an obligation to achieve a specific result.
- Under the terms of the agreement, KoiQuestion determines the methodology, schedule, staffing, design, technology, and practical implementation.
- KoiQuestion may use the following in its implementation:
a. employees;
b. freelancers;
c. volunteers;
d. suppliers;
e. subcontractors;
f. partners. - Stated deadlines, publication dates, and delivery dates are approximate, unless it has been expressly agreed in writing that a deadline is strict.
- The customer shall provide, in a timely manner, all information, materials, access, permissions, and cooperation that are reasonably necessary.
- If the customer fails to cooperate in a timely manner or in full, KoiQuestion may:
a. suspend the work;
b. adjust the schedule;
c. reschedule the work;
d. omit the relevant component;
e. charge for additional work and extra costs. - The obligation to pay remains in effect if performance is not possible or cannot be performed on time due to circumstances attributable to the customer.
- KoiQuestion may modify non-essential aspects of its services when necessary for quality, safety, technical reasons, scheduling, or efficient operation.
Article 8 – Journalistic and Editorial Independence
- KoiQuestion is an independent journalistic and educational platform.
- KoiQuestion decides independently:
a. which topics are investigated or published;
b. which sources are used;
c. which journalistic angle is chosen;
d. the content, title, tone, format, and context of publications;
e. which companies, individuals, products, or events are covered;
f. when, where, and through which channel content is published;
g. whether content is modified, supplemented, corrected, archived, or removed. - Sponsorship, payment, or commercial collaboration does not entitle you to:
a. positive or favorable coverage;
b. editorial influence;
c. prior approval of journalistic content;
d. removal of a legitimate journalistic publication;
e. modification of journalistic conclusions;
f. a certain amount of editorial attention;
g. priority over non-sponsors;
h. influence over publications about competitors. - KoiQuestion is permitted to publish posts about sponsors, non-sponsors, and direct or indirect competitors of sponsors.
- Commercial content may be clearly identified as:
a. advertisement;
b. sponsored content;
c. partner content;
d. company news;
e. News from the Specialty Retail Sector;
f. another appropriate commercial designation. - KoiQuestion reserves the right to edit submitted commercial content to ensure clarity, quality, legal compliance, and brand recognition.
- Any attempts to influence editorial independence through pressure, threats, payments, or conditions may result in the suspension or termination of the collaboration.
- When making journalistic decisions, KoiQuestion independently weighs factors such as:
a. newsworthiness;
b. reliability of sources;
c. right to be heard;
d. proportionality;
e. societal and sectoral relevance;
f. interests of the individuals and organizations involved.
Article 9 – Sponsorship Packages
- The terms of a sponsorship agreement are determined by:
a. the selected sponsorship package;
b. the offer in effect at the time of the request;
c. the request or order confirmation;
d. any additional written agreements. - A sponsorship package may include, among other things:
a. a sponsor or company profile;
b. a listing in directories or listings;
c. company news or trade news;
d. calendar and event listings;
e. advertisements or other commercial visibility;
f. photography, video, audio, or podcasts;
g. participation in panels, meetings, or knowledge-sharing activities;
h. market information or analyses;
i. access to the sponsor portal. - Within the agreed-upon package, KoiQuestion determines the exact format, placement, schedule, layout, technical presentation, and publication channel.
- Sponsorship does not guarantee:
a. a specific number of visitors;
b. reach or impressions;
c. clicks, leads, or revenue;
d. a specific search engine ranking;
e. a specific commercial result;
f. publication of every submitted contribution;
g. participation in every event or project;
h. journalistic or editorial coverage. - If a sponsorship package includes a specific number of publications, contributions, productions, or other components, that number applies per contract year.
- Unused package components expire at the end of the relevant contract year.
- Unused package components are not:
a. paid out;
b. credited;
c. offset;
d. automatically carried over to the next contract year. - The expiration of a package component does not apply if the failure to use it is primarily due to an attributable failure on the part of KoiQuestion.
- As an additional service, KoiQuestion can send a reminder about package items that are still available.
- KoiQuestion is not required to send such reminders.
- Failure to receive a reminder, or failure to receive it on time:
a. does not extend the period of use;
b. does not prevent the expiration of package components;
c. does not entitle the user to a refund, credit, or compensation.
- The sponsor remains responsible for timely planning, delivery, and utilization.
- Terms such as “unlimited” refer to reasonable and normal professional use within the scope and limits of the selected package.
- A description such as “unlimited” does not entitle you to unlimited:
a. production capacity;
b. activities;
c. revisions;
d. support;
e. publication frequency.
- Work performed outside the scope of the sponsorship package is considered additional work.
Article 10 – Term and Renewal of Sponsorship
- A sponsorship agreement is entered into for:
a. one year;
b. two years at the rate or with the discount offered; or
c. another period agreed upon in writing. - The term begins on the effective date specified in the confirmation.
- If no specific effective date is specified, the term begins on the date KoiQuestion confirms the application.
- A fixed-term sponsorship agreement cannot be terminated early during the agreed term, except:
a. with the written consent of KoiQuestion;
b. in the event of a material breach that is not remedied after a reasonable period for remedy;
c. when these terms and conditions expressly grant a right of termination;
d. when mandatory law permits termination. - A one-year sponsorship agreement will be automatically renewed for one year upon expiration, unless it is terminated in writing no later than one month before the end of the current contract period.
- A two-year sponsorship agreement will be renewed for one year at a time following the initial two-year period, unless it is terminated in writing no later than one month before the end of the current contract period.
- For each renewal, the price charged by KoiQuestion at the time of renewal for the relevant sponsorship package—or a comparable one—will apply.
- Paragraph 7 does not apply if the parties have agreed in writing on a different price.
- A discount granted based on an initial term of two years applies exclusively to that agreed-upon period, unless otherwise specified in writing.
- During the initially agreed-upon fixed term, the sponsorship fee will not be increased unilaterally, except:
a. in the event of a change in VAT, taxes, or mandatory government levies;
b. when the sponsor agrees to an expansion or modification of the package;
c. when an indexation or price adjustment has been expressly agreed upon in the quote or confirmation.
- As an additional service, KoiQuestion can send a renewal reminder prior to renewal.
- KoiQuestion is not required to send a renewal reminder.
- Failure to receive a reminder, or failure to receive it on time:
a. does not prevent the extension;
b. does not extend the notice period;
c. does not entitle the customer to termination, a refund, or compensation.
- The sponsor remains responsible for providing timely notice of termination.
- Cancellation may be made in writing or by email via info@koiquestion.com.
- A cancellation is not considered received until it has reached KoiQuestion. KoiQuestion will confirm receipt.
- Monthly, quarterly, or other installment payments are solely a payment arrangement.
- Payment in installments does not convert a one- or two-year contract into an agreement that can be terminated on a monthly, quarterly, or payment-term basis.
- No refunds will be issued during the term of a current fixed-term contract, except in cases where KoiQuestion is in material breach and fails to remedy such breach after being given a reasonable opportunity to do so.
Article 11 – No Exclusivity
- A sponsor shall not be granted an exclusive position, industry protection, preferential rights, or territorial exclusivity, unless this has been expressly agreed to in writing.
- KoiQuestion may collaborate simultaneously with:
a. other sponsors;
b. direct or indirect competitors;
c. dealers, producers, and growers;
d. industry organizations;
e. hobbyists and clubs;
f. other commercial and non-commercial parties. - The presence, collaboration, or visibility of a competitor does not entitle one to:
a. termination;
b. price reduction;
c. refund;
d. compensation;
e. damages.
Article 12 – Sponsor Portal and Accounts
- KoiQuestion can grant a sponsor or business customer access to a sponsor portal or other digital environment.
- The sponsor portal can be used for, among other things:
a. onboarding;
b. communication;
c. profile management;
d. content submission;
e. event registration;
f. invoices and payments;
g. analytics and reports;
h. tasks, requests, and support. - Not every feature in the sponsor portal constitutes a separate guaranteed service.
- KoiQuestion may modify, add, move, or replace features whenever reasonably necessary for:
a. development;
b. security;
c. quality;
d. usability;
e. regulatory compliance;
f. integration with other systems. - The customer is responsible for:
a. the individuals granted access on his behalf;
b. the proper granting and revocation of access rights;
c. maintaining the confidentiality of passwords and access codes;
d. ensuring that account information is accurate and up-to-date;
e. actions performed through his account;
f. immediately reporting suspected misuse. - Accounts are personal or organization-specific and may not be shared outside your own organization without KoiQuestion‘s permission.
- KoiQuestion may temporarily restrict access in the following cases:
a. maintenance;
b. a malfunction;
c. a security risk;
d. suspected misuse;
e. a payment in arrears;
f. a violation of these terms and conditions. - KoiQuestion will, whenever reasonably possible, provide an explanation for any restriction or removal.
- KoiQuestion does not guarantee that the sponsor portal will always be available without interruption or error.
- Scheduled maintenance work will be announced in advance whenever reasonably possible.
Article 13 – Permitted Use
- Customers and users may use KoiQuestion’s websites, accounts, services, and digital environments solely for the purpose for which they have been made available.
- Without prior written permission, you are not permitted to:
a. circumvent security measures;
b. gain unauthorized access;
c. disrupt the operation of systems;
d. place or distribute malicious code;
e. systematically scrape, harvest, or copy data;
f. to sell or transfer accounts or access rights;
g. to perform reverse engineering;
h. to send automated requests that place a disproportionate load on systems;
i. to systematically use KoiQuestion content to train AI systems;
j. to collect data for unauthorized competitive analysis;
k. to distribute information from a private portal outside one’s own organization;
l. to impersonate another person or organization. - KoiQuestion may take reasonable technical and organizational measures to prevent misuse.
- In the event of serious or repeated abuse, KoiQuestion may immediately block access.
Article 14 – Submitted Content
- The customer remains responsible for all content provided by or on behalf of the customer.
- The customer warrants that:
a. the information is accurate, up-to-date, and not misleading;
b. he possesses all necessary rights and permissions;
c. publication does not infringe on the rights of third parties;
d. commercial claims are verifiable and legitimate;
e. personal data is processed and provided lawfully;
f. identifiable individuals have given their consent where required;
g. the content does not contain malware, malicious code, or prohibited material. - The customer grants KoiQuestion a non-exclusive, worldwide, royalty-free license to use the content provided for the purpose of providing the service:
a. to store;
b. to process technically;
c. to edit;
d. to abridge;
e. to translate;
f. to design;
g. to publish;
h. to distribute via various media;
i. to preserve in the archive. - The license is valid for the duration of the agreement and thereafter for:
a. previously published materials;
b. historical reports;
c. archival materials;
d. necessary administrative and evidentiary purposes. - The customer retains ownership of their own content.
- KoiQuestion may refuse, modify, shorten, delay, unpublish, or remove submitted content if, in our reasonable judgment:
a. is inaccurate or cannot be adequately verified;
b. is or may be unlawful or misleading;
c. is technically unsuitable;
d. does not fit within the relevant format;
e. is disproportionately promotional;
f. may harm the rights or legitimate interests of third parties;
g. may compromise the independence, security, or reputation of KoiQuestion;
h. is contrary to our professional or editorial principles. - Whenever reasonably possible, KoiQuestion provides a brief explanation for any rejection or removal.
- The customer shall indemnify KoiQuestion against any third-party claims arising directly from content that is unlawful, inaccurate, or provided without authorization, to the extent that the cause can be attributed to the customer.
- KoiQuestion‘s privacy policy applies to personal data.
- Special legal rules and journalistic exceptions may apply to journalistic publications.
Article 15 – Intellectual Property
- All intellectual property rights to KoiQuestion content remain with KoiQuestion or the respective rights holder.
- These include, among other things, rights to:
a. texts;
b. photos and videos;
c. audio and podcasts;
d. logos and design;
e. websites and software;
f. databases;
g. formats and concepts;
h. training courses and knowledge products;
i. analyses and reports;
j. illustrations and infographics. - Payment by the customer does not transfer any intellectual property rights.
- The customer is granted only the right of use described in the quote, the sponsorship package, the order confirmation, or these terms and conditions.
- Without written permission, you may not use KoiQuestion content:
a. republish or sell for commercial purposes;
b. sublicense;
c. systematically copy;
d. substantially modify;
e. use outside the permitted context;
f. use for AI training;
g. to use it as if KoiQuestion were recommending a product, company, or point of view. - Sharing a link to a public KoiQuestion post is generally permitted.
- A sponsor badge, partner logo, or designation such as “Official Sponsor” may only be used:
a. during an active sponsorship period;
b. in accordance with any brand guidelines;
c. without any misleading alterations;
d. without giving the impression of editorial endorsement. - Upon termination of the sponsorship relationship, the use of sponsor badges and similar designations must be discontinued within a reasonable period of time.
Article 16 – Commissioned Works and Licenses to Use
- For commissioned projects, KoiQuestion creates content based on an agreed-upon briefing.
- Unless otherwise agreed in writing, upon full payment, the customer will receive a non-exclusive and non-transferable right to use:
a. publication on the company’s own website;
b. organic publication on the company’s own social media channels;
c. internal use within the company;
d. standard presentations about the company. - The standard right of use does not automatically include:
a. paid advertisements;
b. sponsored social media campaigns;
c. television, movie theater, or outdoor advertising;
d. high-volume print materials;
e. packaging and product labels;
f. merchandising;
g. international campaigns outside the agreed-upon territory;
h. use by dealers, distributors, franchisees, or other third parties;
i. sale or sublicensing;
j. independent exploitation of the production;
k. use as training data for AI systems. - Prior written permission from KoiQuestion is required for extensive commercial use.
- KoiQuestion may charge an additional license fee for extensive use.
- An external marketing or advertising agency may technically process or publish the production on behalf of the client, provided that such use remains within the scope of the license granted to the client.
- The external agency does not acquire an independent right of use.
- The customer remains responsible for use by agencies and other third parties engaged by the customer.
- The permitted media, countries, languages, campaigns, and duration of use may be specified in more detail in the quote or order confirmation.
- The right of use is granted only after all amounts for the production in question have been paid in full.
- Credit must be given to KoiQuestion or the creator if this is specified in the quote, order confirmation, or upon delivery.
- Unless otherwise agreed in writing, KoiQuestion may use its own productions and excerpts thereof:
a. in their own portfolio;
b. on their own website;
c. on social media;
d. to promote their own work;
e. in presentations and award submissions.
- In doing so, KoiQuestion takes into account the customer’s reasonable confidentiality and privacy interests.
Article 17 – Media Productions, Revisions, and Acceptance
- KoiQuestion distinguishes between editorial content and commissioned content.
- In the case of editorial content, a sponsor or client does not have the right to approve or revise the content.
- For commissioned projects, KoiQuestion takes the agreed-upon briefing into account while maintaining professional and creative freedom.
- Unless otherwise agreed in writing, a commissioned production includes a maximum of two reasonable rounds of revisions.
- The customer provides feedback after each revision cycle:
a. complete;
b. specific;
c. coordinated;
d. in writing;
e. compiled into a single document, email, or set of responses. - Isolated, sequential, or conflicting comments from multiple individuals may be considered separate rounds of review or additional work.
- A review round does not include:
a. a new concept;
b. a fundamental change to the briefing;
c. reshoots;
d. a new production or shooting day;
e. a different target audience or campaign objective;
f. a completely new version;
g. correction of incorrect information provided by the client. - Additional work is considered extra work.
- A business customer inspects the production immediately after it is made available.
- The production is deemed accepted if the business customer has not raised a specific objection in writing within fourteen days of its availability.
- Use, publication, distribution, or posting of the work shall also be deemed acceptance.
- The acceptance provision does not apply to a hidden defect that could not reasonably have been discovered within fourteen days.
- A hidden defect must be reported in writing as soon as possible after it is discovered.
- For consumers, there is no contractual complaint or acceptance period that limits their mandatory statutory rights.
- Raw footage, RAW files, unedited footage, source files, project files, and unselected material will be provided only if this has been agreed upon in writing.
- The customer is responsible for the secure storage and backup of the delivered files.
- KoiQuestion is not required to retain production, project, and source files indefinitely.
Article 18 – Cancellation of Productions
- A reserved date for production, recording, interviews, photography, video, or a podcast keeps KoiQuestion’s capacity—and possibly that of third parties—exclusively available.
- If a business customer cancels or reschedules an agreed-upon production day, KoiQuestion may charge the following cancellation fee:
a. More than 30 calendar days before the production date: 25% of the agreed-upon production fee;
b. 15 through 30 calendar days before the production date: 50%;
c. 8 through 14 calendar days before the production date: 75%;
d. 7 calendar days or fewer before the production date: 100%. - The deadline is calculated based on the date KoiQuestion received the written cancellation.
- A rescheduling requested by the customer is considered a cancellation, unless KoiQuestion agrees in writing to a rescheduling at no charge.
- External costs that have already been incurred or can no longer be canceled remain fully payable, including costs for:
a. locations and studios;
b. freelancers;
c. equipment;
d. permits;
e. travel and transportation;
f. lodging;
g. catering;
h. music, image, and other licenses. - KoiQuestion does not charge for the same service twice.
- Verifiable cost savings will be deducted to the extent that they were already included in the cancellation fee.
- If KoiQuestion is able to use the reserved capacity for a comparable paid assignment, KoiQuestion may take this into account when determining the final compensation.
- A circumstance on the customer’s part does not constitute force majeure for KoiQuestion.
- For consumers, a cancellation fee applies only to the extent that it is permitted by law and is reasonable in relation to the costs incurred and the capacity reserved.
Article 19 – Additional Work and External Costs
- Work is considered additional work if it:
a. are not included in the quote, order confirmation, or sponsorship package;
b. exceed the agreed-upon number of hours, days, deliverables, or revision rounds;
c. arise from a change in the briefing;
d. arise from late, incomplete, or incorrect delivery;
e. are necessitated by additional requests from the client;
f. must be redone due to circumstances on the client’s side. - Additional work is billed at:
a. the rate specified in the quote; or
b. if no rate is specified, KoiQuestion’s hourly, daily, or production rate in effect at the time of performance. - KoiQuestion informs the customer in advance, whenever reasonably possible, of any substantial additional work.
- The absence of a prior price quote does not mean that reasonable and necessary additional work will be performed free of charge if such additional work arose due to a request or circumstance on the part of the customer.
- The following costs may be charged separately, unless it is expressly stated that they are included:
a. travel and mileage expenses;
b. parking, toll, and transportation expenses;
c. lodging expenses;
d. location and studio expenses;
e. equipment rental;
f. expenses for freelancers and other third parties;
g. permits;
h. catering;
i. shipping;
j. music, image, stock, and other licenses;
k. international transaction and production costs. - External costs may be charged in advance.
Article 20 – Artificial Intelligence, Analytics, and Statistics
- KoiQuestion may use artificial intelligence, automation, analytics, and statistical systems.
- These systems can be used for, among other things:
a. translation;
b. transcription;
c. summary;
d. proofreading and language editing;
e. editorial support;
f. text and image suggestions;
g. categorization and search;
h. analyses and dashboards;
i. recommendations and market insights. - Analyses, forecasts, scores, statistics, and recommendations are provided for reference.
- They are not binding:
a. legal advice;
b. financial advice;
c. veterinary advice;
d. medical advice;
e. technical advice;
f. commercial advice. - Measurement results may vary or change due to:
a. other data sources;
b. settings and filters;
c. cookies and privacy options;
d. platform changes;
e. different measurement methods;
f. incomplete or delayed data. - No guaranteed results can be derived from analyses and statistics.
- The user remains responsible for verifying and applying automatically generated information.
- KoiQuestion applies human editorial review where appropriate, given the nature and importance of the publication.
- When applicable laws require a clear disclosure that a user is communicating with an AI system or that content has been generated or manipulated by AI, KoiQuestion will provide an appropriate label.
- Limited AI support, such as spell-checking, translation, transcription, structuring, or text suggestions under human editorial oversight, is only disclosed separately when required by law or when transparency is appropriate under the circumstances.
- The customer must not enter any confidential, special, or sensitive data into an AI feature if they are not authorized to do so or if it is not necessary.
- You may not use KoiQuestion content to train, fine-tune, or evaluate generative AI models without written permission.
Article 21 – Events and Activities
- Programs, locations, times, speakers, routes, and other event details are subject to change.
- KoiQuestion may modify, reschedule, or cancel an event for reasons including, but not limited to:
a. safety;
b. weather conditions;
c. insufficient number of participants;
d. illness or absence;
e. loss of a venue;
f. organizational or logistical circumstances;
g. circumstances beyond KoiQuestion’s control. - In the event of cancellation by KoiQuestion, KoiQuestion will, in good faith:
a. an alternative date;
b. an equivalent activity;
c. a credit; or
d. a refund of the participation fee paid. - Travel, lodging, and other incidental expenses will not be reimbursed, unless otherwise required by mandatory law.
- The participant:
a. follows reasonable safety instructions;
b. behaves respectfully;
c. shows consideration for third-party locations and property;
d. does not cause danger or disruption;
e. treats animals, attendees, and materials with care. - Activities may take place near water, ponds, animals, traffic, wet surfaces, uneven ground, and in varying weather conditions.
- The participant must take these normal and foreseeable circumstances into account.
- KoiQuestion may refuse or remove a participant if they:
a. seriously disrupts safety or order;
b. fails to follow reasonable instructions;
c. harms animal welfare;
d. violates the privacy of others;
e. makes normal operations impossible. - In cases of serious culpable conduct, there is no right to a refund.
- During events, candid photos may be taken.
- KoiQuestion will inform participants of this whenever reasonably possible.
- For specific portraits and other uses that require permission, permission will be requested.
- Further information about personal data and images can be found in the privacy statement.
Article 22 – Physical Products and Digital Services
- Product specifications, prices, delivery times, and shipping costs are listed in the product description.
- Images, colors, examples, and sizes are for illustrative purposes only.
- Minor deviations that do not substantially affect normal use do not constitute a defect.
- Consumers are entitled to the following legal rights:
a. Delivery;
b. Conformity;
c. Warranty;
d. Repair and Replacement;
e. Right of Withdrawal. - For business customers, the risk associated with a physical product passes when the product is handed over to the carrier, unless otherwise agreed in writing.
- For consumers, the risk passes in accordance with mandatory legal provisions.
- For international shipments, import duties, customs fees, local taxes, and similar charges are the responsibility of the customer, unless otherwise stated.
- Digital services and products can be further developed.
- KoiQuestion may modify the technical implementation, provided that the essential agreed-upon functionality is maintained or replaced with a reasonably equivalent alternative during a paid fixed term.
- Technical requirements may apply to digital services. The customer is responsible for providing suitable equipment, software, and Internet access.
Article 23 – Retention of Title
- All physical products delivered to a business customer remain the property of KoiQuestion until the business customer has paid all amounts due in full.
- The retention of title also applies to amounts owed for:
a. the products delivered;
b. related services;
c. interest and collection costs;
d. other claims that may legally be subject to the retention of title. - Until ownership has been transferred, the business customer may not:
a. pledge;
b. provide as security to a third party;
c. dispose of outside the normal course of business;
d. process in such a way that identification becomes reasonably impossible. - The business customer shall store the products with care and, to the extent reasonably possible, ensure they are identifiable as the property of KoiQuestion.
- In the event of a payment delay, KoiQuestion may repossess the products delivered under retention of title.
- To the extent permitted by law, the business customer grants KoiQuestion access to the location where the products are located.
- Normal resale in the ordinary course of business is permitted, unless KoiQuestion notifies you otherwise in writing following a payment delay.
- For consumers, the retention of title applies only to the extent that it is consistent with mandatory consumer law.
Article 24 – Prices and VAT
- Business prices do not include VAT or other taxes, unless expressly stated otherwise.
- Consumer prices are shown inclusive of VAT and mandatory fees.
- All prices and payments are in euros, unless another currency has been agreed upon in writing.
- For international business services, VAT is only reverse-charged or treated differently if the legal requirements are met.
- To that end, the business customer must provide:
a. accurate business information;
b. the correct country of establishment;
c. a valid VAT number, if required;
d. other tax information reasonably necessary. - If the tax information provided by the customer is incorrect or incomplete, any additional VAT, interest, penalties, and reasonable costs incurred by KoiQuestion as a result may be charged to the customer, to the extent that the customer is responsible for them.
- KoiQuestion reserves the right to change prices for future agreements and renewals.
- A price change does not apply retroactively to a fixed period that has already been agreed upon, except in the case of changes in taxes or mandatory government levies.
Article 25 – Advance Payment and Installment Payments
- Sponsorship fees and other fixed periodic payments are, in principle, due in advance for the entire agreed-upon contract period.
- KoiQuestion may allow a fee:
a. monthly;
b. quarterly;
c. in installments; or
d. according to another payment arrangement. - Installment payments are solely a payment option.
- Installment payments:
a. does not change the total payment obligation;
b. does not change the contract term;
c. does not grant the right to terminate the agreement early;
d. does not make the agreement terminable on a monthly basis;
e. makes each installment separately due and payable on the agreed due date. - KoiQuestion may charge a surcharge for an installment payment plan if this surcharge is clearly stated before the agreement is concluded.
- KoiQuestion may invoice external costs and significant production costs in advance.
- The customer is responsible for ensuring that the specified payment method remains valid, sufficient, and usable.
Article 26 – Billing and Payment
- Payment can be made via the following methods, among others:
a. Stripe;
b. credit card;
c. SEPA or direct debit;
d. bank transfer;
e. invoice. - Invoices must be paid within fourteen days of the invoice date, unless a different payment term has been agreed upon in writing.
- Any objection to an invoice must be reported as soon as possible and must be sufficiently substantiated.
- An objection does not suspend the obligation to pay the undisputed portion.
- Bank fees, currency conversion fees, and international transaction fees are the responsibility of the customer, unless otherwise agreed in writing.
- The payment must ensure that KoiQuestion receives the full net invoice amount.
- The customer may not deduct any foreign taxes, withholding taxes, bank fees, or other deductions from the invoice amount without prior written consultation.
- If the customer is legally required to withhold an amount, the customer shall provide:
a. prior written information regarding the legal basis;
b. official supporting documents;
c. reasonable cooperation regarding an exemption, reduction, or offset. - To the extent permitted by law, the amount payable will be increased so that, after the required withholding, KoiQuestion receives the net amount originally due.
Article 27 – Set-off and Suspension by Business Customers
- A business customer is not authorized to:
a. to suspend;
b. to set off;
c. to reduce;
d. to make it contingent upon a counterclaim. - Paragraph 1 does not apply when:
a. KoiQuestion has agreed in writing to the set-off or suspension;
b. the counterclaim has been irrevocably established by a competent court; or
c. mandatory law does not permit the exclusion. - KoiQuestion may suspend its obligations if the business customer fails to fulfill its payment or cooperation obligations.
Article 28 – Late Payments by Business Customers
- A business customer is in default upon the expiration of the payment term without any further notice of default.
- Statutory commercial interest is due as of the due date.
- In addition, for each invoice not paid on time or each overdue recurring payment, the business customer is liable to pay a fixed collection fee of at least €40.
- If the actual reasonable out-of-court collection costs incurred exceed €40, the business customer will also be responsible for the additional reasonable costs, to the extent permitted by law.
- In the event of a late payment, KoiQuestion may:
a. suspend further work;
b. postpone publications;
c. restrict access to the sponsor portal;
d. revoke an installment payment plan;
e. require additional security;
f. terminate the agreement after a reasonable grace period. - If a business customer fails to pay even after a reasonable written grace period, KoiQuestion may declare the outstanding amount due and payable over the fixed contract term.
- In the event of early termination, any demonstrable costs that KoiQuestion saves as a result of the early termination will be deducted to the extent required by law.
- Payments from the customer are first allocated to:
a. collection costs;
b. interest;
c. the oldest outstanding principal amount.
Article 29 – Late Payments by Consumers
- Consumers are subject to the legal rules regarding late payments, statutory interest, payment reminders, and collection fees.
- A consumer is liable to pay statutory interest once he has defaulted in accordance with the statutory rules.
- Out-of-court collection fees will be charged only after:
a. the consumer has received a legally required payment reminder at no cost; and
b. the fourteen-day period specified therein has expired without action being taken. - The amount of the collection fees is determined in accordance with the applicable legal provisions.
- This provision does not limit consumers’ statutory rights to protection.
Article 30 – Additional Payment Security
- KoiQuestion may require additional payment security before or during the term of the agreement if there is reasonable cause to do so.
- Reasonable grounds may include, among other things:
a. doubts about the customer’s creditworthiness;
b. an existing payment arrears;
c. a failed direct debit;
d. a deteriorated financial position;
e. an increased international payment risk;
f. a large order;
g. significant external cost obligations. - KoiQuestion may, among other things, require:
a. full or partial prepayment;
b. payment by direct debit;
c. a security deposit;
d. a bank guarantee;
e. a credit card authorization;
f. a group guarantee;
g. another reasonable form of security. - Until the requested security has been provided, KoiQuestion may suspend performance.
- If the customer fails to provide the requested security within a reasonable period of time, KoiQuestion may terminate the agreement.
Article 31 – Complaints and Remedies
- A complaint must be reported as soon as possible after it is discovered, in a clear and sufficiently specific manner, via info@koiquestion.com.
- The customer enables KoiQuestion to:
a. investigate the complaint;
b. request relevant information;
c. implement a reasonable corrective measure. - KoiQuestion generally responds to a complaint within fourteen days.
- If more time is needed, the customer will receive a confirmation of receipt and information about the next steps within that timeframe.
- If a complaint is valid, KoiQuestion may, at its reasonable discretion:
a. restore the service;
b. perform the service again;
c. offer a reasonably equivalent alternative;
d. apply a proportionate price reduction;
e. refund the relevant portion of the fee. - For business customers, visible defects must be reported within fourteen days of delivery or acceptance.
- A business customer must report hidden defects within a reasonable period of time after their discovery.
- The time limits set forth in this article do not limit consumers’ statutory rights.
- A complaint does not suspend the obligation to pay the undisputed portion.
Article 32 – Liability to Business Customers
- KoiQuestion is liable to business customers only for direct damages that are the foreseeable and direct consequence of an attributable breach by KoiQuestion.
- KoiQuestion’s total liability arising out of or in connection with an agreement is limited, for each contract year, to the amount of fees that the business customer has paid or owes to KoiQuestion for that agreement during that contract year.
- For a contract with a term of less than one year, the total agreed-upon compensation for that contract shall serve as the maximum amount.
- In the case of multiple related events, the liability limit applies collectively and not separately to each event.
- A payment made by a liability insurer does not increase the liability limit agreed upon in this article.
- KoiQuestion is not liable to business customers for indirect damages, including:
a. consequential damages;
b. loss of revenue;
c. loss of profits;
d. lost savings;
e. lost opportunities;
f. reputational damage;
g. loss or damage to data;
h. loss of reach, leads, or search engine rankings;
i. claims by customers or other third parties. - KoiQuestion is not liable for damages resulting from:
a. incorrect or incomplete information provided by the customer;
b. unauthorized use of submitted content;
c. decisions based on journalistic, educational, analytical, or AI-supported information;
d. disruptions to external hosting, payment, internet, email, or social media platforms;
e. acts or omissions by independent locations, carriers, or third parties;
f. loss of files for which the customer has not retained a backup copy;
g. changes to the algorithms, technology, or policies of search engines and third-party platforms. - The limitations of liability do not apply:
a. in the event of willful misconduct or gross negligence on the part of KoiQuestion’s management;
b. when liability may not be excluded or limited under mandatory law. - The business customer must report an incident resulting in damage as soon as possible and cooperate reasonably to limit further damage.
Article 33 – Liability to Consumers
- KoiQuestion is liable to consumers in accordance with applicable mandatory law.
- Nothing in these terms and conditions limits or excludes liability for:
a. death or bodily injury, to the extent that exclusion is not permitted by law;
b. willful misconduct or gross negligence;
c. statutory rights of conformity;
d. obligations or liability that may not be limited by law. - KoiQuestion is not liable for damages resulting solely from a consumer:
a. provides incorrect or incomplete information;
b. fails to follow reasonable safety instructions;
c. uses informational or educational content as individual professional advice;
d. uses a product or service in a manner for which it is clearly not intended. - The consumer shall take reasonable measures to prevent and limit damage.
- This provision does not affect the statutory rights of consumers.
Article 34 – Third-Party Services and Information
- KoiQuestion may refer to or use third-party services, websites, platforms, locations, products, and information.
- Third parties may have their own terms and conditions, privacy policies, and technical limitations.
- KoiQuestion is not responsible for the actions, omissions, policies, or availability of any independent third party.
- A reference, mention, or hyperlink does not automatically mean that KoiQuestion:
a. recommends the third party;
b. guarantees the accuracy of all information;
c. is responsible for the third party’s services. - This provision does not limit any liability that remains with KoiQuestion under mandatory law.
Article 35 – Confidentiality
- The parties shall treat non-public information as confidential when they know or should reasonably understand that it is confidential.
- The duty of confidentiality does not apply to information that:
a. was already lawfully in the public domain;
b. was lawfully obtained from a third party;
c. was independently developed without the use of confidential information;
d. must be disclosed pursuant to law, a court order, or a regulatory authority. - A party that is required to disclose confidential information shall notify the other party in advance, provided that doing so is permitted by law.
- KoiQuestion is not required to disclose journalistic sources, internal editorial deliberations, unpublished research, or internal editorial documents to sponsors or commercial clients.
- Confidential information may be shared within the organization only with individuals who need this information to perform the agreement.
Article 36 – Privacy and Communication
- KoiQuestion processes personal data in accordance with applicable privacy laws and KoiQuestion’s privacy policy.
- The privacy policy is separate from these terms and conditions, but can be accessed from within these terms and conditions.
- KoiQuestion may send messages that are necessary for the performance of the agreement, including:
a. application and order confirmations;
b. onboarding;
c. account and security notifications;
d. invoices and payment reminders;
e. requests for content or information;
f. information about sponsorship packages;
g. practical information about events;
h. information about renewal and cancellation. - Commercial newsletters and other marketing communications are subject to the privacy statement and applicable laws.
- The recipient can unsubscribe using the unsubscribe option provided.
- The customer is responsible for keeping their contact information up to date.
- A message sent to the last known email address is considered to have been sent correctly, unless KoiQuestion knew that the address was no longer valid.
Article 37 – Force Majeure
- KoiQuestion is not required to fulfill an obligation as long as fulfillment is reasonably prevented by circumstances beyond our control.
- Force majeure includes, among other things:
a. serious malfunctions and cyber incidents;
b. outages of hosting services, platforms, the Internet, or suppliers;
c. illness or unexpected absence of key personnel;
d. fire, flooding, and extreme weather;
e. war, terrorism, and civil unrest;
f. strikes;
g. epidemics and pandemics;
h. travel restrictions;
i. government measures;
j. cancellation of venues, events, or carriers;
k. prolonged power or communication outages. - KoiQuestion will notify the customer when force majeure has a material impact on the performance of the contract.
- The parties will first attempt to find a reasonable solution, such as:
a. postponement;
b. modification;
c. digital delivery;
d. replacement;
e. a different location or date. - If the force majeure lasts longer than sixty days, either party may terminate the portion of the agreement that has not yet been performed in writing.
- Payment remains due for services properly performed and expenses already reasonably incurred.
- In the event of force majeure, the parties are not entitled to compensation for indirect or consequential damages.
Article 38 – Suspension and Termination
- KoiQuestion may suspend performance or terminate the agreement in whole or in part if the customer:
a. fails to pay despite a reasonable grace period;
b. acts in material breach of the agreement;
c. misuses systems, accounts, content, or the KoiQuestion name;
d. submits unlawful or misleading content;
e. seriously attempts to influence editorial independence;
f. seriously harms the security, integrity, or continuity of KoiQuestion;
g. goes bankrupt, is dissolved, or ceases its business operations;
h. fails to provide the requested payment security. - Except in urgent, unlawful, or serious situations, KoiQuestion will first:
a. a written explanation; and
b. a reasonable opportunity to remedy the situation. - Termination does not release the customer from obligations that arose prior to the termination date.
- If the agreement is terminated due to a breach attributable to a business customer, the fees for the fixed term remain due.
- Any demonstrable costs that KoiQuestion saves as a result of the early termination will be deducted to the extent required by law.
- Upon termination, KoiQuestion may:
a. Remove commercial sponsor mentions;
b. Revoke badges and partner designations;
c. Close accounts and profile pages;
d. Block access to private areas. - Journalistic publications and archival materials that have already been published do not need to be removed after termination, unless there is a legal basis for doing so.
- Provisions that, by their nature, are intended to remain in effect after termination shall remain in effect.
Article 39 – Changes to Services and Terms and Conditions
- KoiQuestion may modify its services, processes, and these terms and conditions for the following reasons:
a. changes in laws and regulations;
b. security and fraud prevention;
c. technical developments;
d. the introduction or discontinuation of features;
e. changes in the organization or services;
f. clarification or correction of the text. - An amendment may not adversely alter the essential terms or the fixed price of a current fixed-term agreement, unless:
a. the change is required by law;
b. the customer consents to it;
c. the change is of minor significance;
d. KoiQuestion offers a reasonably equivalent alternative. - In the event of a material change, KoiQuestion will notify the customer at least thirty days before the effective date.
- When a material change occurs:
a. is not required by law;
b. demonstrably disadvantages the customer; and
c. the customer does not accept a reasonably equivalent alternative,
The customer may terminate the agreement at no cost as of the effective date of the change.
- The right to terminate does not apply to changes that:
a. are exclusively for the benefit of the customer;
b. have no material effect on the agreement;
c. are necessary to prevent abuse, security risks, or unlawful conduct. - In addition, consumers are subject to the mandatory legal requirements governing amendment clauses.
- The current version of the terms and conditions is published on the KoiQuestion website.
Article 40 – Transfer
- The customer may transfer rights or obligations under the agreement to a third party only with KoiQuestion’s prior written consent.
- KoiQuestion may transfer the agreement to:
a. a group company;
b. a legal successor;
c. a successor operator of KoiQuestion;
d. a party that takes over the relevant business activities. - Any transfer by KoiQuestion must not diminish the customer’s substantive rights.
- KoiQuestion informs the customer about a relevant transfer when reasonably necessary.
Article 41 – Severability and Waiver of Rights
- If any provision of these terms and conditions is found to be invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect.
- If necessary, the parties shall replace the invalid provision with a valid provision that most closely approximates its purpose and intent.
- Failure to exercise a right immediately does not constitute a waiver of that right.
- A waiver of a right is valid only if it is expressly set forth in writing.
Article 42 – Language Versions
- These terms and conditions may be made available in Dutch and in other languages.
- The Dutch-language version is the original and authoritative version.
- In the event of any discrepancy in interpretation, meaning, or wording between the Dutch-language version and a translation, the Dutch-language version shall prevail.
- Paragraph 3 does not apply when:
a. mandatory law provides otherwise; or
b. the parties have expressly agreed in writing that another language version shall prevail. - A translation is provided to help international customers understand the terms and conditions.
Article 43 – Governing Law and Disputes
- All agreements with KoiQuestion are governed by Dutch law.
- The Vienna Sales Convention does not apply to contracts with business customers.
- The parties will first attempt to resolve a dispute through mutual consultation.
- A party wishing to bring a dispute before the court must first provide the other party with a sufficiently specific written description of:
a. the dispute;
b. the relevant facts;
c. the desired resolution. - If the parties are unable to reach a resolution within thirty days, any dispute with a business customer shall be submitted exclusively to the competent court of the District Court of Northern Netherlands, Groningen location.
- Paragraph 5 does not apply if mandatory law designates a different court as having jurisdiction.
- A consumer retains:
a. the right to bring a dispute before the court with jurisdiction under consumer law;
b. the mandatory protections of the country where he habitually resides, to the extent that such protections apply.
Article 44 – Final Provision
- These terms and conditions may be referred to as the “KoiQuestion Terms and Conditions.”
- This version takes effect on July 31, 2026.
- For agreements entered into prior to this date, the version agreed upon at that time shall continue to apply, unless the parties agree in writing that this version shall apply.
- Questions about these terms and conditions can be sent to:
321Media B.V.
doing business as KoiQuestion
Kattegat 6-2
9723 JP Groningen
Netherlands
Chamber of Commerce number 74774557
VAT number NL860021579B01
