These KCI General Terms and Conditions are translated from the original (and binding) Dutch language version that is deposited at the Chamer of Commerce Veluwe and Twente, The Netherlands under number 2062. For the original Dutch verion of these general terms, please feel free to contact Thijs Elshof at +31 575 585 270 /
t.elshof@kci-world.com.
General Terms and Conditions - Online Advertising
KCI Publishing b.v.
Zutphen, The Netherlands
DEFINITION
5.1 Online advertisements (webvertising / E-Publishing) are all announcements and advertising on websites and in email newsletters.
APPLICABILITY
5.2 All agreements, quotations, offers, and tenders concerning online advertisements are also subject to the General Terms and Conditions of KCI Publishing.
ADVERTISING AGREEMENTS
5.3 Unless otherwise specifically mentioned in the advertising agreement, its period shall be for twelve consecutive months.
Unless otherwise specifically mentioned in the advertising agreement, the contract specifies the advertising space, but KCI is entitled to exceed the contracted space within the contract period.
Cancellation of a advertising contract must be by written notice to KCI, in which case KCI is entitled to payment of 75% of the value of the cancelled contract. Advertising cancellation becomes effective with the second month following written notification.
CANCELLATION OF ADVERTISING
5.4 KCI has the right to refuse, cancel, or delay the advertisement without requirement to provide reasons. KCI shall not be liable for any damages, in accordance with the advertising contract, when partial activity has been completed. The General Terms and Conditions are also applicable.
MATERIALS PROVIDED TO KCI
5.5. The customer must ensure prompt delivery of digital advertising materials in accordance with the requirements of KCI. If, in the opinion of KCI, the advertising materials are not delivered on schedule; are otherwise unusable; are incomplete or otherwise damaged; KCI is not obligated to place the material. The customer remains financially liable for payment.
5.6. In the event KCI agrees that an advertisement is partially illegible, incorrect, or poorly published, the customer is entitled to a discount from the agreed price, or a make good advertisement in a future edition.
RESPONSIBILTY WITH RESPECT TO MATERIAL
5.7. KCI shall observe usual due care with regard to material made available by the customer, including, but not limited to, certified PDF’s, diagrams, working plans, lay-outs and other materials. KCI accepts no liability for loss or damages to such materials. KCI reserves the right to destroy all digital materials after expiration of a twelve (12) month period.
5.8. When the advertiser or other source delivers the materials, the rights of the photos, text, software, typefaces, etc. belong to the advertiser or other source.
5.9. When the material is delivered in a digital or electronic format, the advertiser is responsible for providing a hard copy of the material. If a hard copy is not provided, the customer is responsible for any errors.
5.10. When incomplete materials are provided by the customer, the cost of composition for the advertisement shall also be charged.
5.11. When incomplete materials are provided by an advertising agency or other intermediary, 15% may be added to the cost of the task.