General Advertisement Terms and Conditions of NRC Media B.V.

These Terms and Conditions comprise three parts:
I General
II Additional provisions pertaining to advertisements in printed publications
III Additional provisions pertaining to advertisements in digital publications

I General

Article 1. Definitions
The following list gives definitions of what is meant by the various terms used in these Terms and Conditions.

Advertiser: the actual person or legal entity that enters into an Advertising Agreement with the Publisher, either directly or through the intervention or authority of a media agency.
Advertisement: any commercial or promotional message that is submitted for placement in one or more publications.
Advertising Contract: a contract, within the terms of which the Client undertakes to spend a minimum amount through the placement of one or more Advertisements, starting from an agreed date and for an agreed duration, which then entitles the Client to receive the agreed advertising space in the agreed publication(s) for the agreed tariff.
Advertising Material:  the materials that are necessary for the production and placement of the Advertisement.
Advertising Order: an order to place one or more advertisements, either inside or outside the framework of an Advertising Contract.
Advertising Agreement: an Advertising Order or Advertising Contract, including these Terms and Conditions.
Advertising Space:  the agreed media value made available to the Client for the purpose of advertising, expressed in units of the applicable Publication(s).
Advertorial: an Advertisement with an informative character, whereby it is clearly evident that the source is an Advertiser.
Authorised Person:  a Client that is granted authority (temporary or otherwise) by Stichting ROTA (ROTA Foundation).
KOAG/KAG Stamp: all commercial messages, that relate to medication and health products and that are targeted at the public, fall under the jurisdiction of the KOAG/KAG Inspection Board and should be stamped accordingly.
Media agency: the actual person or legal entity that acts in the interests of its Client, either in a professional or business capacity, either in its own name or the name of its Client, by entering into an Advertising Agreement or by procuring Advertising Space from the Publisher.
Client: the Advertiser and/or media agency with which the Publisher enters into an Advertising Agreement with or sells Advertising Space to.
Plus Proposition: Plus Proposition is understood to mean, among other things, additional expenditures (such as for an insert) in the Publication, or exceptional forms of advertising that are not listed on the regular tariff card.
Regulations: advertising Regulations, such as those most recently defined by Stichting ROTA (ROTA Foundation).
Deadline: the latest time and date, as determined by the Publisher (this information is available at www.nrcmedia.nl) by which the advertising material must be delivered to the Publisher.
NRC Media B.V. the parent company of the Publisher.
Publication:  the printed or digital Publication in which the Advertisement will be placed.
Publisher: NRC Media BV.
Terms and conditions: these General Advertisements Terms and Conditions.

 

Article 2. Applicability

  1. The General Advertisement Terms and Conditions of NRC Media B.V. are applicable to all agreements with and orders submitted to the Publisher (and business units thereof) that relate to Advertisements, see also www.nrcmedia.nl and the Regulations (“Regulations”) that are applicable to advertising, see www.stichtingrota.nl. The terms defined and used in the Regulations also apply to the agreement(s) between the Client and the Publisher. In the event that the Advertisement Terms and Conditions differ from the Regulations, the former will prevail. The Advertisement Terms and Conditions have been filed with the Amsterdam Chamber of Commerce (under number 24280642) and the Regulations for Advertisements have been deposited with the registry of the district court of Amsterdam.
  2. Part I of these Terms and Conditions is applicable to, and forms an integral part of, all Advertising Agreements that are entered into by, or for the purpose of, the Publications of a Publisher, unless it is explicitly stipulated that these Terms and Conditions are not applicable or that other Terms and Conditions apply.
  3. Depending on the nature of the Advertisement and/or the nature of the Publication(s), in addition to Part I, Part II and/or Part III of these Terms and Conditions are also applicable to the Advertising Agreement. In the event of any contradictions between one or more of the applicable parts, the section with the highest number will prevail.
  4. In addition to these Terms and Conditions, all Advertising Agreements are also subject to the Regulations imposed by the Nederlandse Reclame Code (the Netherlands’ Advertising Code). In the event of a disagreement and/or ambiguity with respect to a provision in these Terms and Conditions and a provision in the Regulations or the Nederlandse Reclame Code, what is stipulated in these Terms and Conditions will prevail.
  5. Any (general) terms of the Client are explicitly excluded. If the Client wishes to apply Terms and Conditions of its own, these must be submitted in writing to the Publisher at least one month prior to the placement of an Advertisement. The Publisher has the right to reject these Terms and Conditions (in writing).

 

Article 3. Advertising Agreement – general x

  1. An Advertising Agreement can only be made for the benefit of business units of the Advertiser of which the parent company holds, either directly or indirectly, at least 50 per cent of the shares and/or the control.
  2. The Publisher is only bound by an Advertising Agreement after having provided written confirmation to the Client, or through the placement of an Advertisement of the Client.

 

Article 4. Advertising Contracts 

  1. Notwithstanding what is stated in Article 3, paragraph 2, an Advertising Contract only applies to Advertising Orders that are for the benefit of the Advertiser or, should the Client be a media agency, for the Advertiser on whose behalf the Advertising Contract was entered into.
  2. Unless it is otherwise agreed, in writing, between the Publisher and the Client, an Advertising Contract is entered into for a period of one year, starting on the day stated in the Advertising Contract. The stipulations in Articles 5.6 and 5.7 of the Regulations do not apply.
  3. If, during the lead-time of an Advertising Contract, the Client has not (fully) used the Advertising Space, it can ask the Publisher to extend the lead-time of the Advertising Contract. If the Publisher agrees to this extension, the Advertising Contract will be extended by up to a maximum of two months.
  4. If the Client has still not fully used the Advertising Space after the (extended) lead-time, the remaining Advertising Space will be cancelled and the Client will forfeit any claim to a refund, either in money, Advertising Space or any other means whatsoever. In such a case, the Advertiser is mandatorily obliged to pay for the unused Advertising Space or to pay the supplemental tariff that is applicable to the Advertising Space that has been used, which shall be at the discretion of the Publisher.
  5. At the request of the Client, the Advertising Space can be increased during the lead-time of the Advertising Contract. In such a case the Publisher and the Client will agree on the applicable tariff for the increase. This tariff will not be retrospectively applied to the already placed Advertising Order or Orders, but will apply only to an Advertising Order or Orders placed thereafter.
  6. An Advertising Contract will automatically terminate after the Advertising Space has been fully used or when the agreed lead-time (including a possible extension, as alluded to in paragraph 3) has expired.
  7. An Advertising Contract should be entered into before the first Advertisement is placed, unless, with the permission of the Publisher, it is not possible to retrospectively convert a separate Advertising Order or Orders into an Advertising Contract. What is stipulated in Article 20 of the Regulations is not applicable.

 

Article 5. Advertisements

  1. The Client is responsible for the content of the Advertisements that are submitted.
  2. Advertisements may not communicate messages that violate the law, other Regulations (including those in the Nederlandse Reclame Code), public order or good practices, nor may the content of Advertisements infringe the (intellectual property) rights of third parties. The Client indemnifies the Publisher, both inside and outside the law, for possible third-party claims in this regard and for all resulting damages incurred by the Publisher, either now or in the future.
  3. The Publisher reserves the right to alter the content and form of an Advertisement, in accordance with its own insight and in all reasonableness, without the Client having the right to compensation or refund (in part or whole) of the price associated with said Advertisement.
  4. The Publisher reserves the right to refuse an Advertisement (or Advertising Order) without giving reasons, and without thereafter being liable to the Client in any way. The stipulations in Article 11 of the Regulations apply.
  5. Unless it is explicitly agreed otherwise, in writing, the Publisher does not extend the Client any exclusivity, with regard to the products or services offered in the Advertisement, for example. Furthermore, unless it is explicitly agreed otherwise, in writing, the Publisher, at its own discretion, is free to accept third-party Advertisements and place them anywhere in the same Publication(s).
  6. The Client’s preferences for a specific position in the Publication(s) can only be honoured on the basis of availability, and on condition that the Client pays the applicable surcharge for the position in question.
  7. Unless it is otherwise specified by the Publisher, options for (specific) Advertisement pages, Advertorials or Plus Propositions are valid for two months. If, in the intervening period, a third party shows interest in buying this specific Advertising Space, the Publisher can shorten this period. If the Client has not indicated before the expiration of this period that it wishes to exercise this option, it will automatically be cancelled.

 

Article 6. Advertising Material 

  1. Advertising Material must be submitted to, and in the possession of, the Publisher by the relevant deadline. If Advertisements are delivered after the deadline, the Publisher has the right not to process or place them, without affecting the Client’s obligation to pay an amount that is deemed reasonable by the Publisher, up to a maximum of the full amount payable for the Advertisement (or Advertisement Order) in question.
  2. The advertising Material must be submitted in accordance with the specifications provided by the Publisher. The Client is responsible for the proper delivery of the Advertising Material, irrespective of how it is submitted.
  3. The Publisher will treat the submitted Advertising Material with due care, but cannot accept any liability for possible damage, loss or any other cause that might render the Advertising Material unusable.
  4. The Client must ensure that Advertising Material that is submitted digitally is safe and free from viruses, Trojan Horses, worms or any other programs that might, in any way whatsoever, cause damage to the Publisher’s computer systems, computer programs or websites. Moreover, the Client will also ensure that in the online delivery of Advertising Material, it will not use equipment and/or software that could disrupt the normal operation of the Publisher’s websites, and that it will not transfer data that, by virtue of its size and/or other characteristics, will place a disproportionately high load on the infrastructure of the Publisher’s websites.
  5. The Publisher reserves the right to refuse submitted Advertising Material that does not comply with the requirements listed in this Article. In very exceptional circumstances, the Material will be adapted by third parties and the additional costs will be passed on to the Client. The stipulations in Article 19 of the Regulations apply.
  6. The Publisher will strive to display the Advertising Material as well as possible in the applicable Publication(s). However, the Publisher cannot guarantee an exact reproduction and the Client must accept that there could be printing and colour deviations.
  7. The Publisher cannot guarantee the display quality of an Advertisement in a digital Publication.
  8. If Advertising Material is made available to the Publisher after the deadline but is still placed by the Publisher, the Publisher will be entitled to charge the associated costs to the Client, which is then explicitly excluded from making a complaint pertaining to the quality and/or colour of the reproduction.
  9. After the completion of the Advertising Order or Advertising Agreement, the Publisher is entitled to destroy (or erase in the case of digitally submitted Material) the Advertising Material.
  10. All (intellectual) property rights pertaining to Advertisements produced by or on behalf of the Publisher, remain with the Publisher.
  11. Any corrections to Advertising Materials will be accepted and carried out by the Publisher if, and insofar, that this is considered reasonably possible by the Publisher.

 

Article 7a. Special provisions pertaining to Advertorials

  1. The designation “Advertisement” must always be placed above an Advertorial.
  2. An Advertorial will only be accepted by the Publisher if the Publisher agrees with its content. The Publisher always has the right to refuse the placement of an Advertorial, without having to give a reason, and without the Client having the right to hold the Publisher liable for doing so.
  3. The layout and typography of an Advertorial should deviate from the (page) design and headline and/or copy text fonts of the Publication(s), all of which will be at the discretion of the Publisher.
  4. The (sub) heading and/or logo of the publication(s) or the Publisher may not be used in the Advertisement.
  5. The name of the sender of the Advertorial should be clearly visible.
  6. The Client’s logo and the relevant product must be clearly displayed and visible in a packshot.

 

Article 7b. Special provisions pertaining to Plus Propositions

  1. The designation “Advertising supplement with this publication” must always be placed on the cover of an insert.
  2. A Plus Proposition will only be accepted by the Publisher if the Publisher agrees with its content. The Publisher always has the right to refuse the placement of a Plus Proposition, without having to give a reason, and without the Client having the right to hold the Publisher liable for doing so.
  3. The layout and typography of a Plus Proposition should deviate from the (page) design and headline and/or copy text fonts of the Publication(s), all of which will be at the discretion of the Publisher.
  4. The (sub) heading and/or logo of the Publication(s) or the Publisher may not be used in the insert.
  5. The name of the sender of the Plus Proposition should be clearly visible.
  6. The Client’s logo and the relevant product must be clearly displayed and visible in a packshot.

 

Article 8. Tariffs and payment

  1. The amount payable in the context of an Advertising Agreement will be in accordance with the applicable tariff card and is published on the website nrcmedia.nl, or otherwise made known.
  2. During the lead-time of an Advertising Contract, the Publisher has the right to increase the tariffs on the tariff card by a maximum of 15%. This increase will be passed on to the Client for Advertisements (or Advertising Orders) that have yet to be placed. The Publisher will inform the Client of such tariff changes in writing. The stipulations in Article 7.4 of the Regulations are not applicable.
  3. Unless it is otherwise stated, all tariffs exclude VAT.
  4. Payment of an amount due for an Advertising Agreement must be made within 14 calendar days of the date given on the invoice. Authorised persons must have paid the amount due within 30 calendar days of the invoice date.
  5. A discount on the invoice amount, the magnitude of which will be determined by the Publisher, can be granted by the Publisher to authorised persons if the full invoice amount is paid within the time limit specified by the Publisher. The Publisher always has the right to change or cancel this discount, whereby the Publisher will inform the authorised person in writing and in a timely manner.

 

Article 9. Transparency

  1. The Publisher can extend fixed and variable discounts to a media agency, which include bonus discounts, the magnitude of which will depend on the net annual turnover realised through Advertising Agreements that are entered into with the media agency or with the involvement of the media agency.
  2. The media agency, acting in the capacity of an agent or intermediate for an Advertiser, must inform the Advertiser, in advance and on its own initiative, about any personal interest that it might have, financially or otherwise, in the realisation of an Advertising Agreement with the Publisher. In so doing, the media agency must adequately meet its obligations to be transparent towards the Advertiser(s) on whose behalf it is acting.

 

Article 10. Cancelling an Advertising Order

    1. With the explicit exclusion of what is stipulated in Article 8.2 of the Regulations, in the event of the cancellation of an Order by the Client, the following will apply:
      a) if the Advertisement is cancelled three days or more before the relevant deadline, no charges will be levied by the Publisher;
      b) if the Client cancels less than three days before the applicable deadline, the Publisher is entitled to charge 50% of the amount due for the applicable Advertisement (or Advertising Order).
    2. Cancellations should always be made in writing.
    3. Any costs incurred by the Publisher for specific requirements in conjunction with an Advertisement or in connection with a Plus Proposition will, in the event of a cancellation, always be the responsibility of the Client

 

Article 11. Shortcomings, liability, force majeure and bankruptcy

  1. If the Client fails to meet its obligations under the Advertising Agreement, the Publisher has the right to suspend the execution of the Advertising Agreement until such time that the Client once again meets these obligations.
  2. If, after being informed by the Publisher in writing that it is in default, the Client still fails to meet its obligations within the time limit set by the Publisher, the Publisher has the right to terminate the Advertising Agreement in part or completely. In the event that a strict deadline, such as a payment period, is exceeded, the Client will automatically be considered to be in default, without there being a need for the Publisher to give notice of default.
  3. The suspension or termination of the Advertising Agreement by the Publisher does not relinquish the Client from its obligation to pay full compensation as defined by the Advertising Agreement. Suspension, termination, or any other means of ending the Advertising Agreement, will not affect the Publisher’s right to be compensated by the Client for the resulting or associated damages incurred by the Publisher.
  4. The Client is liable to pay all costs or damages incurred or suffered by the Publisher resulting from or in connection with the Client’s failure to meet its obligations under the Advertising Agreement. The costs or damages to be paid by the Client comprise, among other things, direct and indirect damages already suffered and yet to be suffered by the Client, as well as costs incurred by the Publisher for legal assistance.
  5. The Client indemnifies the Publisher, both in and out of court, for all third-party claims in connection with the non-compliance or non-timely compliance with its obligations to the Publisher, whereby it is expressly understood to include claims relating to the (improper) content of an Advertisement.
  6. The Publisher can only be held liable for damages suffered by the client in the event of deliberate or gross negligence on the part of the Publisher.
  7. With the explicit exclusion of what is stipulated in Article 23.1 of the Regulations, every instance of liability on the part of the Publisher will, at all times, be limited to the amount payable by the Client for the Advertisement or Advertising Order in question. Liability on the part of the Publisher for indirect damages (including, but not limited to, consequential loss, delay and loss of profit) is expressly excluded. For repeat placements of an Advertisement, the Publisher can only be held liable for errors that are communicated after the first placement of the Advertisement, provided that this is communicated by the Client in good time before the second placement.
  8. If the Publisher finds itself in circumstances that are beyond its control, or in the event of force majeure, the Publisher has the right to suspend the execution of the Advertising Agreement for as long as the situation continues or, at the discretion of the Publisher, to partly or completely terminate the Advertising Agreement. In such a case, the Publisher will not be required to compensate the Client for any form of damage. Force majeure is understood to at least include the failure of the Publisher’s suppliers or other business relations to meet their obligations, industrial action such as strikes, (unforeseen) government measures, terrorist attacks or tangible threats thereof, war, fire, natural disasters, the temporary unavailability or inadequate availability of hardware, software and/or internet or other telecommunications connections that are necessary for the placement of an Advertisement by the Publisher, as well as any other situation in which the Publisher is unable to exercise decisive control.
  9. In the event that the Client is granted (provisional) suspension of payments, or if the Client is declared bankrupt, the Publisher has the right to terminate the Advertising Agreement, with immediate effect, by sending a registered letter, without in any way lessening the Client’s obligation to fully meet the financial obligations placed on it by virtue of the Advertising Agreement. If an Advertising Contract has been closed on behalf of a third party and this third party is declared bankrupt during the lead-time of the contract, instead of having to pay the amount that is still due, the Client has the right to pay the difference between any discount due to it and the discount that, according to the relevant tariff card, is applicable to the amount that has already been spent.

 

Article 12. Third parties

  1. The Client is responsible for meeting all the obligations placed upon it through the Advertising Agreement. A Client that enters into an Advertising Agreement under its own name but on behalf of a third party is responsible for ensuring that this third party accepts and meets the terms of the Advertising Agreement.
  2. If an intermediary, such as an advertising or media agency, closes an Advertising Agreement in the name of and on behalf of a third party, this intermediary must, on being asked by the Publisher, demonstrate that it is authorised to act in the name of and on behalf of said third party. If this cannot be demonstrated to the satisfaction of the Publisher, the intermediary will be deemed to have acted in its own name and on its own behalf.

 

Article 13. Editorial independence 

  1. The editorial staff of the Publication(s) in which the Advertisement is placed are fully autonomous in decisions concerning content in the Publication(s). Based on the Advertising Agreement, the Publisher cannot, in any way, be held responsible for any costs or damages incurred or suffered by the Client as a result of editorial coverage in the Publication(s).

 

Article 14. Complaints

  1. The Client accepts that, as a result of various causes, the display or reproduction of the Advertisement in the Publication(s) may deviate from the Advertising Material that is delivered and/or possible print proofs.
  2. On penalty of the cancellation of the applicable claim, any complaints about the execution of an Advertisement Agreement, including complaints pertaining to the reproduction of an Advertisement, its placement or colour quality, must be submitted to the Publisher in writing within 14 days of the Advertisement in question first appearing in the Publication(s). Complaints about the execution of handwritten orders, or those communicated by telephone, will not be accepted.
  3. Complaints about (the execution of) an Advertisement or Advertising Agreement do not exempt the Client from complying with its obligations, including the timely payment of the agreed fee for the relevant Advertisement or Advertising Agreement.

 

Article 15. Deviations and revisions to the Terms

  1. Any deviations or additions to the Advertising Agreement and these Terms are only valid if they are confirmed by the Publisher, in writing.
  2. NRC Media BV has the right to unilaterally change the Terms. Unless it is otherwise stated, the revised Terms will be effective on the date they are published on the website of the Publisher and/or the website of NRC Media BV (www.nrcmedia.nl). Furthermore, as of said date the revised terms will also automatically apply to all existing Advertising Agreements.

 

Article 16. Miscellaneous

  1. The Publisher has the right to run Advertisements in digital or non-digital editions of the relevant Publication(s).
  2. The Client extends advance permission for its rights and obligations ensuing from the Advertising Agreement to be transferred by the Publisher through a third party.
  3. The ineffectiveness or non-applicability of any of the provisions in these Terms does not affect the applicability of the remaining provisions.
  4. In cases not covered by these Terms, the Publisher will decide.

 

Article 17. Privacy

The Publisher will record the Client’s data for the purpose of carrying out the Advertising Agreement and to keep the Client informed about (other) products and services offered by NRC Media BV and the concern to which it belongs. In recording this data NRC Media BV’s privacy statement, which can be found at www.nrcmedia.nl, is applicable.

 

Article 18. Applicable law and competent court

  1. The Advertising Agreement and these Terms and Conditions are subject to Dutch law.
  2. Any disputes arising from the Advertising Agreement will, in the first instance, be submitted exclusively to the competent court in Amsterdam.

 

 

IIADDITIONAL PROVISIONS PERTAINING TO ADVERTISEMENTS IN PRINTED PUBLICATIONS

Article 19. Special provisions for Plus Propositions

  1. The number of Plus Propositions per Publication is limited. The Publisher will decide how many Plus Propositions are honoured per Publication.
  2. With regard to Plus Propositions, formats and other details specified by the Publisher and made known to the Client are applicable.
  3. The price of a Plus Proposition is partly determined by the additional production, printing and postage costs that will be incurred by the Publisher.
  4. A Plus Proposition may not contain gases or harmful or hazardous substances. Exceptional formats, such as a sachet containing liquid, are not possible.
  5. If the Plus Proposition comprises a stick-on insert, the Publisher cannot guarantee that the insert will be placed exactly in the specified position in the Advertisement. The Client must allow for a certain amount of positional deviation.
  6. The Publisher cannot guarantee that every copy of the relevant edition of the Publication will be provided with the insert. The Client should make reasonable allowance for a certain deviation.
  7. The Publisher cannot guarantee that the specified print circulation is correct and is not liable for a possible shortfall or excess of inserts.
  8. The Client indemnifies the Publisher, both inside and outside the law, for possible third-party claims with regard to the distribution and content of the Plus Proposition.

 

Article 20. Number letters

  1. The Publisher has the right to open the number letters associated with Advertisements, insofar as this is necessary for forwarding these letters to the Client.
  2. Number letters that, in the opinion of the Publisher, are not genuine responses to the content of the relevant Advertisement, will be destroyed.
  3. Brochures, prints, samples, parcels, etc. that are submitted under a number will not be forwarded.

 

Article 21. Proof copies

    1. At the request of the Client, the Publisher will make a proof copy of the Publication available in digital form. Proof copies of NRC Media are made available through the ePublisher, a collaborative venture with the independent party, Ebiquity.
    2. What is stated above does not apply to classified advertisements or Advertisements sold through third parties

 

 

III ADDITIONAL PROVISIONS PERTAINING TO ADVERTISEMENTS IN DIGITAL PUBLICATIONS 

Article 21. General, impressions

  1. These provisions only apply to online display Advertisements in digital Publications, such as buttons, rectangles, banners, skyscrapers, etc.
  2. The tariffs for Advertisements in digital Publications are based on the cost-per-thousand impressions (CPM), as is given in the applicable tariff card.
  3. Advertising Agreements for which the agreed number of impressions is not realised within the agreed time, will, in consultation with the Client, be extended until such time that the agreed CPM is realised.

 

Article 22. Premium Display Advertising

  1. Premium Display Advertising is understood to mean the exclusive right of an Advertiser to advertise on a website or internet page of the Publisher’s portfolio. This exclusivity only applies to the fixed display positions and in no instance to text links.
  2. With Premium Display Advertising, the use of frequency capping is made available free-of-charge from cap 3. A supplement will be charged for a cap 1 or 2.
  3. With Premium Display Advertising the Advertiser has the right to enrich the Advertisement with sound and imagery at no additional cost, on the understanding that the Publisher has the right to reject these additional enhancements, without having to give a reason for doing so.
  4. Reporting on Premium Display Advertising is provided at order, site, and day level.
  5. With Premium Display Advertising, the Publisher has the right to change the Advertising Material on a weekly basis, without additional costs. The Advertising Material must be submitted in accordance with the relevant delivery specifications.

 

Article 23. Fixed Position Advertising

    1. Fixed Position Advertising is understood to mean the right to advertise in a fixed position on an internet site or internet page of the Publisher’s portfolio.
    2. Reporting for Fixed Position Advertising is provided at order, site, and day level.
    3. If, due to current circumstances, the Advertiser’s fixed position is not available, the Publisher has the right to suspend the placement of the Advertisement, after consultation to place it in another section or to cancel it, without the Advertiser having the right to be compensated for the incurred costs and/or damage suffered.

 

Article 24. Additional costs

  1. Possible additional costs associated with digital Advertisements, including production costs and external hosting costs in connection with display advertising, will be charged to the Advertiser.
  2. If the Advertiser refuses to pay the costs alluded to in paragraph 1, the Publisher has the right to terminate the Advertising Agreement immediately and without being under any obligation to pay the Advertiser compensation for any costs whatsoever.

 

Article 25. Cookies, scripts at el.

  1. The Advertiser is permitted to collect the following anonymous metadata via cookies, scripts or otherwise: how often the advertisement has been viewed (impressions) and the number of clicks with the following additional data: used screen resolution, used browser, used operating system and which part of the ad has been viewed.
  2. Subject to the foregoing, the Advertiser is not permitted to collect information via cookies, scripts or in any other way, to store information in or to access information in the peripherals of users of the websites or apps of NRC Media B.V.. More specifically, collecting information for retargeting, audience targeting and behavioural targeting, information about the behaviour of users on the websites or apps of NRC Media B.V. is not permitted without prior permission from NRC Media B.V.
  3. NRC Media B.V. applies to the Cookie and Privacy Statement which is available on https://www.nrc.nl/cookies/. Advertiser informs NRC Media B.V. always as timely as (technically) possible which cookies are used, by which party these cookies are used, from which domain the cookies are placed as well as the lifetime of the cookies, after which NRC Media B.V. is committed to filling its Cookie and Privacy Statement with these cookies.
  4. NRC Media B.V. does not accept any liability for any damage suffered by third parties that arises because of and / or in any way related to non-compliance with the use of cookies, to the applicable laws and regulations. Advertiser is liable for the on NRC Media B.V. regulatory penalties imposed by supervisory authorities.
  5. Advertiser indemnifies NRC Media B.V. for any liability towards third parties which in any way relate to and / or arise from non-compliance with laws and regulations in the field of cookies when placing or delivering Advertisements.

These Terms and Conditions comprise three parts:
I General
II Additional provisions pertaining to advertisements in printed publications
III Additional provisions pertaining to advertisements in digital publications

I General

Article 1. Definitions
The following list gives definitions of what is meant by the various terms used in these Terms and Conditions.

Advertiser: the actual person or legal entity that enters into an Advertising Agreement with the Publisher, either directly or through the intervention or authority of a media agency.
Advertisement: any commercial or promotional message that is submitted for placement in one or more publications.
Advertising Contract: a contract, within the terms of which the Client undertakes to spend a minimum amount through the placement of one or more Advertisements, starting from an agreed date and for an agreed duration, which then entitles the Client to receive the agreed advertising space in the agreed publication(s) for the agreed tariff.
Advertising Material:  the materials that are necessary for the production and placement of the Advertisement.
Advertising Order: an order to place one or more advertisements, either inside or outside the framework of an Advertising Contract.
Advertising Agreement: an Advertising Order or Advertising Contract, including these Terms and Conditions.
Advertising Space:  the agreed media value made available to the Client for the purpose of advertising, expressed in units of the applicable Publication(s).
Advertorial: an Advertisement with an informative character, whereby it is clearly evident that the source is an Advertiser.
Authorised Person:  a Client that is granted authority (temporary or otherwise) by Stichting ROTA (ROTA Foundation).
KOAG/KAG Stamp: all commercial messages, that relate to medication and health products and that are targeted at the public, fall under the jurisdiction of the KOAG/KAG Inspection Board and should be stamped accordingly.
Media agency: the actual person or legal entity that acts in the interests of its Client, either in a professional or business capacity, either in its own name or the name of its Client, by entering into an Advertising Agreement or by procuring Advertising Space from the Publisher.
Client: the Advertiser and/or media agency with which the Publisher enters into an Advertising Agreement with or sells Advertising Space to.

 

Data Protection Law: the data privacy laws including the General Data Protection Regulation (“GDPR”) that applies as of 25 May 2018.
Cookie: all (personal) data stored in a file, pixel, script or similar technology on a User its computer or other devices, which is given to a web browser by a web server in order to identify Users and prepare customized content for them.

Media: the communication platforms used by NRC Media to show (customized) Advertisements to the public, for example through a website or an app.

Plus Proposition: Plus Proposition is understood to mean, among other things, additional expenditures (such as for an insert) in the Publication, or exceptional forms of advertising that are not listed on the regular tariff card.
Regulations: advertising Regulations, such as those most recently defined by Stichting ROTA (ROTA Foundation).
Deadline: the latest time and date, as determined by the Publisher (this information is available at www.nrcmedia.nl) by which the advertising material must be delivered to the Publisher.
NRC Media B.V. the parent company of the Publisher.
Publication:  the printed or digital Publication in which the Advertisement will be placed.
Publisher: NRC Media BV.

User(s): the user(s) of the Media.

Terms and conditions: these General Advertisements Terms and Conditions.

 

Article 2. Applicability

  1. The General Advertisement Terms and Conditions of NRC Media B.V. are applicable to all agreements with and orders submitted to the Publisher (and business units thereof) that relate to Advertisements, see also www.nrcmedia.nl and the Regulations (“Regulations”) that are applicable to advertising, see www.stichtingrota.nl. The terms defined and used in the Regulations also apply to the agreement(s) between the Client and the Publisher. In the event that the Advertisement Terms and Conditions differ from the Regulations, the former will prevail. The Advertisement Terms and Conditions have been filed with the Amsterdam Chamber of Commerce (under number 24280642) and the Regulations for Advertisements have been deposited with the registry of the district court of Amsterdam.
  2. Part I of these Terms and Conditions is applicable to, and forms an integral part of, all Advertising Agreements that are entered into by, or for the purpose of, the Publications of a Publisher, unless it is explicitly stipulated that these Terms and Conditions are not applicable or that other Terms and Conditions apply.
  3. Depending on the nature of the Advertisement and/or the nature of the Publication(s), in addition to Part I, Part II and/or Part III of these Terms and Conditions are also applicable to the Advertising Agreement. In the event of any contradictions between one or more of the applicable parts, the section with the highest number will prevail.
  4. In addition to these Terms and Conditions, all Advertising Agreements are also subject to the Regulations imposed by the Nederlandse Reclame Code (the Netherlands’ Advertising Code). In the event of a disagreement and/or ambiguity with respect to a provision in these Terms and Conditions and a provision in the Regulations or the Nederlandse Reclame Code, what is stipulated in these Terms and Conditions will prevail.
  5. Any (general) terms of the Client are explicitly excluded. If the Client wishes to apply Terms and Conditions of its own, these must be submitted in writing to the Publisher at least one month prior to the placement of an Advertisement. The Publisher has the right to reject these Terms and Conditions (in writing).

 

Article 3. Advertising Agreement – general x

  1. An Advertising Agreement can only be made for the benefit of business units of the Advertiser of which the parent company holds, either directly or indirectly, at least 50 per cent of the shares and/or the control.
  2. The Publisher is only bound by an Advertising Agreement after having provided written confirmation to the Client, or through the placement of an Advertisement of the Client.

 

Article 4. Advertising Contracts 

  1. Notwithstanding what is stated in Article 3, paragraph 2, an Advertising Contract only applies to Advertising Orders that are for the benefit of the Advertiser or, should the Client be a media agency, for the Advertiser on whose behalf the Advertising Contract was entered into.
  2. Unless it is otherwise agreed, in writing, between the Publisher and the Client, an Advertising Contract is entered into for a period of one year, starting on the day stated in the Advertising Contract. The stipulations in Articles 5.6 and 5.7 of the Regulations do not apply.
  3. If, during the lead-time of an Advertising Contract, the Client has not (fully) used the Advertising Space, it can ask the Publisher to extend the lead-time of the Advertising Contract. If the Publisher agrees to this extension, the Advertising Contract will be extended by up to a maximum of two months.
  4. If the Client has still not fully used the Advertising Space after the (extended) lead-time, the remaining Advertising Space will be cancelled and the Client will forfeit any claim to a refund, either in money, Advertising Space or any other means whatsoever. In such a case, the Advertiser is mandatorily obliged to pay for the unused Advertising Space or to pay the supplemental tariff that is applicable to the Advertising Space that has been used, which shall be at the discretion of the Publisher.
  5. At the request of the Client, the Advertising Space can be increased during the lead-time of the Advertising Contract. In such a case the Publisher and the Client will agree on the applicable tariff for the increase. This tariff will not be retrospectively applied to the already placed Advertising Order or Orders, but will apply only to an Advertising Order or Orders placed thereafter.
  6. An Advertising Contract will automatically terminate after the Advertising Space has been fully used or when the agreed lead-time (including a possible extension, as alluded to in paragraph 3) has expired.
  7. An Advertising Contract should be entered into before the first Advertisement is placed, unless, with the permission of the Publisher, it is not possible to retrospectively convert a separate Advertising Order or Orders into an Advertising Contract. What is stipulated in Article 20 of the Regulations is not applicable.

 

Article 5. Advertisements

  1. The Client is responsible for the content of the Advertisements that are submitted.
  2. Advertisements may not communicate messages that violate the law, other Regulations (including those in the Nederlandse Reclame Code), public order or good practices, nor may the content of Advertisements infringe the (intellectual property) rights of third parties. The Client indemnifies the Publisher, both inside and outside the law, for possible third-party claims in this regard and for all resulting damages incurred by the Publisher, either now or in the future.
  3. The Publisher reserves the right to alter the content and form of an Advertisement, in accordance with its own insight and in all reasonableness, without the Client having the right to compensation or refund (in part or whole) of the price associated with said Advertisement.
  4. The Publisher reserves the right to refuse an Advertisement (or Advertising Order) without giving reasons, and without thereafter being liable to the Client in any way. The stipulations in Article 11 of the Regulations apply.
  5. Unless it is explicitly agreed otherwise, in writing, the Publisher does not extend the Client any exclusivity, with regard to the products or services offered in the Advertisement, for example. Furthermore, unless it is explicitly agreed otherwise, in writing, the Publisher, at its own discretion, is free to accept third-party Advertisements and place them anywhere in the same Publication(s).
  6. The Client’s preferences for a specific position in the Publication(s) can only be honoured on the basis of availability, and on condition that the Client pays the applicable surcharge for the position in question.
  7. Unless it is otherwise specified by the Publisher, options for (specific) Advertisement pages, Advertorials or Plus Propositions are valid for two months. If, in the intervening period, a third party shows interest in buying this specific Advertising Space, the Publisher can shorten this period. If the Client has not indicated before the expiration of this period that it wishes to exercise this option, it will automatically be cancelled.

 

Article 6. Advertising Material 

  1. Advertising Material must be submitted to, and in the possession of, the Publisher by the relevant deadline. If Advertisements are delivered after the deadline, the Publisher has the right not to process or place them, without affecting the Client’s obligation to pay an amount that is deemed reasonable by the Publisher, up to a maximum of the full amount payable for the Advertisement (or Advertisement Order) in question.
  2. The advertising Material must be submitted in accordance with the specifications provided by the Publisher. The Client is responsible for the proper delivery of the Advertising Material, irrespective of how it is submitted.
  3. The Publisher will treat the submitted Advertising Material with due care, but cannot accept any liability for possible damage, loss or any other cause that might render the Advertising Material unusable.
  4. The Client must ensure that Advertising Material that is submitted digitally is safe and free from viruses, Trojan Horses, worms or any other programs that might, in any way whatsoever, cause damage to the Publisher’s computer systems, computer programs or websites. Moreover, the Client will also ensure that in the online delivery of Advertising Material, it will not use equipment and/or software that could disrupt the normal operation of the Publisher’s websites, and that it will not transfer data that, by virtue of its size and/or other characteristics, will place a disproportionately high load on the infrastructure of the Publisher’s websites.
  5. The Publisher reserves the right to refuse submitted Advertising Material that does not comply with the requirements listed in this Article. In very exceptional circumstances, the Material will be adapted by third parties and the additional costs will be passed on to the Client. The stipulations in Article 19 of the Regulations apply.
  6. The Publisher will strive to display the Advertising Material as well as possible in the applicable Publication(s). However, the Publisher cannot guarantee an exact reproduction and the Client must accept that there could be printing and colour deviations.
  7. The Publisher cannot guarantee the display quality of an Advertisement in a digital Publication.
  8. If Advertising Material is made available to the Publisher after the deadline but is still placed by the Publisher, the Publisher will be entitled to charge the associated costs to the Client, which is then explicitly excluded from making a complaint pertaining to the quality and/or colour of the reproduction.
  9. After the completion of the Advertising Order or Advertising Agreement, the Publisher is entitled to destroy (or erase in the case of digitally submitted Material) the Advertising Material.
  10. All (intellectual) property rights pertaining to Advertisements produced by or on behalf of the Publisher, remain with the Publisher.
  11. Any corrections to Advertising Materials will be accepted and carried out by the Publisher if, and insofar, that this is considered reasonably possible by the Publisher.

 

Article 7a. Special provisions pertaining to Advertorials

  1. The designation “Advertisement” must always be placed above an Advertorial.
  2. An Advertorial will only be accepted by the Publisher if the Publisher agrees with its content. The Publisher always has the right to refuse the placement of an Advertorial, without having to give a reason, and without the Client having the right to hold the Publisher liable for doing so.
  3. The layout and typography of an Advertorial should deviate from the (page) design and headline and/or copy text fonts of the Publication(s), all of which will be at the discretion of the Publisher.
  4. The (sub) heading and/or logo of the publication(s) or the Publisher may not be used in the Advertisement.
  5. The name of the sender of the Advertorial should be clearly visible.
  6. The Client’s logo and the relevant product must be clearly displayed and visible in a packshot.

 

Article 7b. Special provisions pertaining to Plus Propositions

  1. The designation “Advertising supplement with this publication” must always be placed on the cover of an insert.
  2. A Plus Proposition will only be accepted by the Publisher if the Publisher agrees with its content. The Publisher always has the right to refuse the placement of a Plus Proposition, without having to give a reason, and without the Client having the right to hold the Publisher liable for doing so.
  3. The layout and typography of a Plus Proposition should deviate from the (page) design and headline and/or copy text fonts of the Publication(s), all of which will be at the discretion of the Publisher.
  4. The (sub) heading and/or logo of the Publication(s) or the Publisher may not be used in the insert.
  5. The name of the sender of the Plus Proposition should be clearly visible.
  6. The Client’s logo and the relevant product must be clearly displayed and visible in a packshot.

 

Article 8. Tariffs and payment

  1. The amount payable in the context of an Advertising Agreement will be in accordance with the applicable tariff card and is published on the website nl, or otherwise made known.
  2. During the lead-time of an Advertising Contract, the Publisher has the right to increase the tariffs on the tariff card by a maximum of 15%. This increase will be passed on to the Client for Advertisements (or Advertising Orders) that have yet to be placed. The Publisher will inform the Client of such tariff changes in writing. The stipulations in Article 7.4 of the Regulations are not applicable.
  3. Unless it is otherwise stated, all tariffs exclude VAT.
  4. Payment of an amount due for an Advertising Agreement must be made within 14 calendar days of the date given on the invoice. Authorised persons must have paid the amount due within 30 calendar days of the invoice date.
  5. A discount on the invoice amount, the magnitude of which will be determined by the Publisher, can be granted by the Publisher to authorised persons if the full invoice amount is paid within the time limit specified by the Publisher. The Publisher always has the right to change or cancel this discount, whereby the Publisher will inform the authorised person in writing and in a timely manner.

 

Article 9. Transparency

  1. The Publisher can extend fixed and variable discounts to a media agency, which include bonus discounts, the magnitude of which will depend on the net annual turnover realised through Advertising Agreements that are entered into with the media agency or with the involvement of the media agency.
  2. The media agency, acting in the capacity of an agent or intermediate for an Advertiser, must inform the Advertiser, in advance and on its own initiative, about any personal interest that it might have, financially or otherwise, in the realisation of an Advertising Agreement with the Publisher. In so doing, the media agency must adequately meet its obligations to be transparent towards the Advertiser(s) on whose behalf it is acting.

 

Article 10. Cancelling an Advertising Order

    1. With the explicit exclusion of what is stipulated in Article 8.2 of the Regulations, in the event of the cancellation of an Order by the Client, the following will apply:
      a) if the Advertisement is cancelled three days or more before the relevant deadline, no charges will be levied by the Publisher;
      b) if the Client cancels less than three days before the applicable deadline, the Publisher is entitled to charge 50% of the amount due for the applicable Advertisement (or Advertising Order).
    2. Cancellations should always be made in writing.
    3. Any costs incurred by the Publisher for specific requirements in conjunction with an Advertisement or in connection with a Plus Proposition will, in the event of a cancellation, always be the responsibility of the Client

 

Article 11. Shortcomings, liability, force majeure and bankruptcy

  1. If the Client fails to meet its obligations under the Advertising Agreement, the Publisher has the right to suspend the execution of the Advertising Agreement until such time that the Client once again meets these obligations.
  2. If, after being informed by the Publisher in writing that it is in default, the Client still fails to meet its obligations within the time limit set by the Publisher, the Publisher has the right to terminate the Advertising Agreement in part or completely. In the event that a strict deadline, such as a payment period, is exceeded, the Client will automatically be considered to be in default, without there being a need for the Publisher to give notice of default.
  3. The suspension or termination of the Advertising Agreement by the Publisher does not relinquish the Client from its obligation to pay full compensation as defined by the Advertising Agreement. Suspension, termination, or any other means of ending the Advertising Agreement, will not affect the Publisher’s right to be compensated by the Client for the resulting or associated damages incurred by the Publisher.
  4. The Client is liable to pay all costs or damages incurred or suffered by the Publisher resulting from or in connection with the Client’s failure to meet its obligations under the Advertising Agreement. The costs or damages to be paid by the Client comprise, among other things, direct and indirect damages already suffered and yet to be suffered by the Client, as well as costs incurred by the Publisher for legal assistance.
  5. The Client indemnifies the Publisher, both in and out of court, for all third-party claims in connection with the non-compliance or non-timely compliance with its obligations to the Publisher, whereby it is expressly understood to include claims relating to the (improper) content of an Advertisement.
  6. The Publisher can only be held liable for damages suffered by the client in the event of deliberate or gross negligence on the part of the Publisher.
  7. With the explicit exclusion of what is stipulated in Article 23.1 of the Regulations, every instance of liability on the part of the Publisher will, at all times, be limited to the amount payable by the Client for the Advertisement or Advertising Order in question. Liability on the part of the Publisher for indirect damages (including, but not limited to, consequential loss, delay and loss of profit) is expressly excluded. For repeat placements of an Advertisement, the Publisher can only be held liable for errors that are communicated after the first placement of the Advertisement, provided that this is communicated by the Client in good time before the second placement.
  8. If the Publisher finds itself in circumstances that are beyond its control, or in the event of force majeure, the Publisher has the right to suspend the execution of the Advertising Agreement for as long as the situation continues or, at the discretion of the Publisher, to partly or completely terminate the Advertising Agreement. In such a case, the Publisher will not be required to compensate the Client for any form of damage. Force majeure is understood to at least include the failure of the Publisher’s suppliers or other business relations to meet their obligations, industrial action such as strikes, (unforeseen) government measures, terrorist attacks or tangible threats thereof, war, fire, natural disasters, the temporary unavailability or inadequate availability of hardware, software and/or internet or other telecommunications connections that are necessary for the placement of an Advertisement by the Publisher, as well as any other situation in which the Publisher is unable to exercise decisive control.
  9. In the event that the Client is granted (provisional) suspension of payments, or if the Client is declared bankrupt, the Publisher has the right to terminate the Advertising Agreement, with immediate effect, by sending a registered letter, without in any way lessening the Client’s obligation to fully meet the financial obligations placed on it by virtue of the Advertising Agreement. If an Advertising Contract has been closed on behalf of a third party and this third party is declared bankrupt during the lead-time of the contract, instead of having to pay the amount that is still due, the Client has the right to pay the difference between any discount due to it and the discount that, according to the relevant tariff card, is applicable to the amount that has already been spent.

 

Article 12. Third parties

  1. The Client is responsible for meeting all the obligations placed upon it through the Advertising Agreement. A Client that enters into an Advertising Agreement under its own name but on behalf of a third party is responsible for ensuring that this third party accepts and meets the terms of the Advertising Agreement.
  2. If an intermediary, such as an advertising or media agency, closes an Advertising Agreement in the name of and on behalf of a third party, this intermediary must, on being asked by the Publisher, demonstrate that it is authorised to act in the name of and on behalf of said third party. If this cannot be demonstrated to the satisfaction of the Publisher, the intermediary will be deemed to have acted in its own name and on its own behalf.

 

Article 13. Editorial independence 

  1. The editorial staff of the Publication(s) in which the Advertisement is placed are fully autonomous in decisions concerning content in the Publication(s). Based on the Advertising Agreement, the Publisher cannot, in any way, be held responsible for any costs or damages incurred or suffered by the Client as a result of editorial coverage in the Publication(s).

 

Article 14. Complaints

  1. The Client accepts that, as a result of various causes, the display or reproduction of the Advertisement in the Publication(s) may deviate from the Advertising Material that is delivered and/or possible print proofs.
  2. On penalty of the cancellation of the applicable claim, any complaints about the execution of an Advertisement Agreement, including complaints pertaining to the reproduction of an Advertisement, its placement or colour quality, must be submitted to the Publisher in writing within 14 days of the Advertisement in question first appearing in the Publication(s). Complaints about the execution of handwritten orders, or those communicated by telephone, will not be accepted.
  3. Complaints about (the execution of) an Advertisement or Advertising Agreement do not exempt the Client from complying with its obligations, including the timely payment of the agreed fee for the relevant Advertisement or Advertising Agreement.

 

Article 15. Deviations and revisions to the Terms

  1. Any deviations or additions to the Advertising Agreement and these Terms are only valid if they are confirmed by the Publisher, in writing.
  2. NRC Media BV has the right to unilaterally change the Terms. Unless it is otherwise stated, the revised Terms will be effective on the date they are published on the website of the Publisher and/or the website of NRC Media BV (www.nrcmedia.nl). Furthermore, as of said date the revised terms will also automatically apply to all existing Advertising Agreements.

 

Article 16. Miscellaneous

  1. The Publisher has the right to run Advertisements in digital or non-digital editions of the relevant Publication(s).
  2. The Client extends advance permission for its rights and obligations ensuing from the Advertising Agreement to be transferred by the Publisher through a third party.
  3. The ineffectiveness or non-applicability of any of the provisions in these Terms does not affect the applicability of the remaining provisions.
  4. In cases not covered by these Terms, the Publisher will decide.

 

Article 17. Privacy

  1. The Publisher will record the Client’s data for the purpose of carrying out the Advertising Agreement and to keep the Client informed about (other) products and services offered by NRC Media BV and the concern to which it belongs. In recording this data NRC Media BV’s privacy statement, which can be found at www.nrcmedia.nl, is applicable.

 

Article 18. Applicable law and competent court

  1. The Advertising Agreement and these Terms and Conditions are subject to Dutch law.
  2. Any disputes arising from the Advertising Agreement will, in the first instance, be submitted exclusively to the competent court in Amsterdam.

 

 

II ADDITIONAL PROVISIONS PERTAINING TO ADVERTISEMENTS IN PRINTED PUBLICATIONS

Article 19. Special provisions for Plus Propositions

  1. The number of Plus Propositions per Publication is limited. The Publisher will decide how many Plus Propositions are honoured per Publication.
  2. With regard to Plus Propositions, formats and other details specified by the Publisher and made known to the Client are applicable.
  3. The price of a Plus Proposition is partly determined by the additional production, printing and postage costs that will be incurred by the Publisher.
  4. A Plus Proposition may not contain gases or harmful or hazardous substances. Exceptional formats, such as a sachet containing liquid, are not possible.
  5. If the Plus Proposition comprises a stick-on insert, the Publisher cannot guarantee that the insert will be placed exactly in the specified position in the Advertisement. The Client must allow for a certain amount of positional deviation.
  6. The Publisher cannot guarantee that every copy of the relevant edition of the Publication will be provided with the insert. The Client should make reasonable allowance for a certain deviation.
  7. The Publisher cannot guarantee that the specified print circulation is correct and is not liable for a possible shortfall or excess of inserts.
  8. The Client indemnifies the Publisher, both inside and outside the law, for possible third-party claims with regard to the distribution and content of the Plus Proposition.

 

Article 20. Number letters

  1. The Publisher has the right to open the number letters associated with Advertisements, insofar as this is necessary for forwarding these letters to the Client.
  2. Number letters that, in the opinion of the Publisher, are not genuine responses to the content of the relevant Advertisement, will be destroyed.
  3. Brochures, prints, samples, parcels, etc. that are submitted under a number will not be forwarded.

 

Article 21. Proof copies

  1. At the request of the Client, the Publisher will make a proof copy of the Publication available in digital form. Proof copies of NRC Media are made available through the ePublisher, a collaborative venture with the independent party, Ebiquity.
  2. What is stated above does not apply to classified advertisements or Advertisements sold through third parties

 

 

III ADDITIONAL PROVISIONS PERTAINING TO ADVERTISEMENTS IN DIGITAL PUBLICATIONS 

Article 21. General, impressions

  1. These provisions only apply to online display Advertisements in digital Publications, such as buttons, rectangles, banners, skyscrapers, etc.
  2. The tariffs for Advertisements in digital Publications are based on the cost-per-thousand impressions (CPM), as is given in the applicable tariff card.
  3. Advertising Agreements for which the agreed number of impressions is not realised within the agreed time, will, in consultation with the Client, be extended until such time that the agreed CPM is realised.

 

Article 22. Premium Display Advertising

  1. Premium Display Advertising is understood to mean the exclusive right of an Client to advertise on a website or internet page of the Publisher’s portfolio. This exclusivity only applies to the fixed display positions and in no instance to text links.
  2. With Premium Display Advertising, the use of frequency capping is made available free-of-charge from cap 3. A supplement will be charged for a cap 1 or 2.
  3. With Premium Display Advertising the Client has the right to enrich the Advertisement with sound and imagery at no additional cost, on the understanding that the Publisher has the right to reject these additional enhancements, without having to give a reason for doing so.
  4. Reporting on Premium Display Advertising is provided at order, site, and day level.
  5. With Premium Display Advertising, the Publisher has the right to change the Advertising Material on a weekly basis, without additional costs. The Advertising Material must be submitted in accordance with the relevant delivery specifications.

 

Article 23. Fixed Position Advertising

  1. Fixed Position Advertising is understood to mean the right to advertise in a fixed position on an internet site or internet page of the Publisher’s portfolio.
  2. Reporting for Fixed Position Advertising is provided at order, site, and day level.
  3. If, due to current circumstances, the Client’s fixed position is not available, the Publisher has the right to suspend the placement of the Advertisement, after consultation to place it in another section or to cancel it, without the Client having the right to be compensated for the incurred costs and/or damage suffered.

 

Article 24. Additional costs

  1. Possible additional costs associated with digital Advertisements, including production costs and external hosting costs in connection with display advertising, will be charged to the Client.
  2. If the Client refuses to pay the costs alluded to in paragraph 1, the Publisher has the right to terminate the Advertising Agreement immediately and without being under any obligation to pay the Client compensation for any costs whatsoever.

 

Article 25. Data Protection Law

  1. The Client solely determines the purposes and means of the processing of data through the use of Cookies and is therefore the sole controller of this data and NRC Media B.V. is neither a processor nor a (joint) controller of this data in the meaning of the Data Protection Law.
  2. The Advertiser undertakes to comply with the applicable laws and regulations (in particular article 11.7a Telecommunications Act (TA) and the Data Protection Law) when using Cookies with the placement or delivery of Advertisements on the Media.

 

Article 26. Cookies, scripts at el.

  1. The Client is solely permitted to collect the following metadata via Cookies:
    • how often, how long and which part of the advertisement is viewed,
    • how often the advertisement has been clicked on, and
    • screen resolution used, browser used, operating system used, version and language, geographical location and IP address,

under the obligation to only use this information to the extent necessary for the bidding process (in case of programmatic advertising) or for the (measurement of the) performance of the advertisement.

  1. Subject to the foregoing, the Client is not permitted to collect information via Cookies or in any other way, to store information in or to access information in the computers or other devices of Users. More specifically, collecting information for retargeting, audience targeting and behavioural targeting, information about the behaviour of users on the websites or apps of NRC Media B.V. is not permitted without prior permission from NRC Media B.V.
  2. NRC Media B.V. applies to the Cookie and Privacy Statement which is available on https://www.nrc.nl/cookies/. Client informs NRC Media B.V. always as timely as (technically) possible which cookies are used, by which party these cookies are used, from which domain the cookies are placed as well as the lifetime of the cookies. In case the Cookies do not comply with the terms of this clause, NRC Media B.V. is entitled to prohibit the use of the Cookie(s) by Client.
  3. NRC Media B.V. shall use reasonable efforts to: a) provide the Users (or have them provided) with clear and comprehensive information in accordance with the GDPR and regarding the purposes for which the Cookies are used, to the extent required by law; and b) receive consent of the Users to place or read the Cookies (or have them placed or read) on behalf of Client, to the extent legally required. To the extent commercially possible, NRC Media B.V. will capture these consents (or have them captured).

 

Article 27. Liability and indemnification

  1. The Client is solely liable for and will indemnify and hold NRC Media B.V. harmless against any third-party claims which are in any way related to and/or arising from non-compliance by Client or by third parties engaged by Client with laws and regulations regarding Cookies with the placement or delivery of Advertisement, including but not limited to article 11.7a TA and the GDPR.

 

Article 28. Audit right

  1. NRC Media BV may at its sole discretion audit or use a reputable accounting firm to audit the compliance of Client with the provisions of the GDPR in connection with the Advertisement Agreement. Client will provide NRC Media B.V. insight in the relevant information, records and data to carry out the audit and provide all necessary cooperation thereto. The costs for the audit will be borne by NRC Media B.V., unless the audit shows that Client has not complied with the provisions of GDPR in connection with the Advertisement Agreement, in which case the costs will be borne by Client.