Terms and Conditions
Terms and Conditions for Ordering Advertisement Inserts
The present terms and conditions apply to the fulfillment of advertising orders. All other terms and conditions which have not been expressly agreed in writing are excluded.
1. Advertising rates
Orders are invoiced in accordance with the publication rates which the advertiser acknowledges having received before signing the present purchase order, and whose provisions are to be reproduced in their entirety here.
2. Client’s responsibilities
The client, whose identity the publisher is permitted to disclose, is solely responsible for the published advertisements. The client guarantees that they hold the authorizations, copyrights, and intellectual property rights required for the publication of the materials they provide to the publisher. The client guarantees the publisher against all claims from third parties and agrees to fully defend and hold the publisher harmless against any possible conviction or damages, including procedural fees, as well as to reimburse any expenses, damages, fees, loss of profits, etc… as well as fees relating to the publication of a judgment or any right of rebuttal, at the applicable rates, arising from claims from third parties, founded or unfounded, following publication.
3. Right of refusal
As a publisher of opinion journalism, the publisher reserves the right to suspend, stop, or refuse the insertion of advertisements without having to justify this decision. This will not entitle the client to compensation of any kind. The publisher also has the right to indicate, through any appropriate means determined at his sole discretion, that the advertisement is a commercial advertisement.
4. Cancellation – suspension
No cancellation or request for the order to be suspended will be considered unless it is transmitted to the publisher within the format and deadlines indicated in the rate. If the publisher is able to grand such a request, the insertion fees will still be due.
5. Materials and quality
The advertiser must provide the materials necessary for the publication of the advertisement within the format, technical specifications, and deadlines specified in the rate. The materials remain the property of the advertiser, the publisher is not responsible for any damage to these materials other than damage caused intentionally. The publisher will reserve the materials, at the advertiser’s expenses, risks, and perils, for a period of six months following the date of publication, after which the materials will be destroyed at the advertiser’s expense, with no prior notice or other formalities. If the materials provided do not fit the reserved space, the publisher may, at his discretion and depending on availability, adapt the size of the materials to the reserved space or use and bill the space necessary for the publication of the materials provided. If the materials are not published in the agreed location, supplementary fees charged for this specific placement will be waived, to the exclusion of all other damages and compensation. If the materials are not provided or must be adapted, the publisher is not responsible for any errors or defects, or potential translation errors. The publisher shall never be held responsible for any deviations in color, form, or format which are considered normal in daily newspaper publications, nor is the publisher responsible for changes relating to the date of publication, placement, or special conditions. The edition size is provided is solely indicative, and the publisher is not responsible for any reduction in the actual edition size.
Claims will not be accepted unless they are made in writing, within 5 days of the publication of the advertisement, or if the advertiser approved the project, the proof, or the final proof before publication, or declined the invitation to do so, nor will they be accepted if the advertisement was not transmitted in accordance with the technical specifications outlined in the rate. Any obvious defects, printing errors, quality issues, or problems with text or image resolution will only be grounds for damages and compensation if they are the result of gross negligence. In any case, the publisher’s liability for any defects is limited to the amount due or paid for the insertion of the contested advertisement. The publisher is not liable for any circumstances of force majeure or fortuitous events which may impede or limit the performance of his obligations. Strikes, fires, riots, floods, and any mandatory acts of government are all irrevocably considered cases of unforeseeable force majeure.
7. Registered address for replies
The advertiser may choose to have responses addressed to the publication in which the advertisement was inserted, by specifying a digital reference. Responses will be made available to the advertiser for fifteen days following the date of the advertisement’s publication. The publisher is not responsible for the receipt or storage of the responses, and does not guarantee the advertiser against any sorting errors. After the period of fifteen days, the publisher may destroy this mail without notice or any formalities.
8. Payment terms
Invoices are payable to the publisher’s headquarters, in cash. If payment is not received by the due date, the publisher has the right to suspend, in whole or in part, the publication of the ongoing advertisement, without notice or compensation, and this suspension does not suspend the advertiser’s obligation to pay for the reserved space. Furthermore, these invoices will automatically be subject to interest charges of 12% per year, without notice, until their full payment and a fixed surcharge of 15%, with a minimum of €80 and a maximum of €6,200. Any agency or intermediary that places an advertisement order through a third party, in this party’s name or to be invoiced to the third party, acts on their on behalf and will be held responsible for the payment for the requested insert; issuing an invoice to a third party only constitutes a commercial service and shall not be considered a substitution of debt.
9. Applicable jurisdiction and laws
Belgian law always applies. Any litigation is solely under the jurisdiction of the courts of the district of Brussels.
If any of the clause of the present terms and conditions becomes void, this does not affect of the validity of the other clauses. If the publisher agrees to waive any of the provisions in these terms and conditions, even repeatedly, this shall not imply, in any circumstance, the renunciation of these clauses, nor does it constitute a right on the part of the advertiser, and the normal situation can be re-established at any time, with no advance notice, formalities, or compensation.
The personal information you transmit to us is incorporated into a file, you have the right to access this information by contacting the publisher. Law of 8/12/1992 on the protection of privacy.
The client (media agency/advertiser/publicity agency) is prohibited from exploiting, and in general, processing, directly or indirectly, immediately or at a later date, any individualizable information – meaning identifying data or data which allows a physical person to be identified – which would not be strictly limited to the effective dissemination of advertisements which the client places on the website(s) [of the publisher/supplier]. If the client fails to comply, [the publisher/supplier] reserves the right to end the entire order, with no prejudice to his right to receive full payment for said order.