General Terms and Conditions Subscriptions, Services and Events

These General Terms and Conditions consist of the following parts:

PART I: General provisions

PART II: Additional provisions for consumers

PART III: Additional provisions for business subscribers

PART IV: Additional provisions for the delivery of Products

PART V: Additional provisions for participation in Events

PART I: GENERAL PROVISIONS

Article 1. Definitions.

FD Mediagroep: The private limited liability company FD Mediagroep B.V., as well
as its subsidiaries and/or sister companies, including Het Financieele Dagblad B.V., Business Nieuws Holding B.V., FD Business B.V. and its subsidiaries. N.B. Company.info B.V. is also part of the FD Mediagroep, but these General Terms and Conditions do not apply to the services and products it offers;
General Terms and Conditions: These General Terms and Conditions Subscriptions, Services and Events;
Newspaper: The paper edition of Het Financieele Dagblad, including all supplements and specials;
Media: All media published or to be published by FD Mediagroep, including but not limited to the Newspaper including all supplements and special editions, Publications, the Websites, magazines, audio and/or video programmes and broadcasts, mobile applications, podcasts, RSS feeds, e-paper and other digital formats in which FD Mediagroep publishes media;
myFD: The protected section of the Website, which is only accessible to individual Subscribers or Users of Het Financieele Dagblad;
Offer: A personal offer for a Service, Product or Subscription Agreement that is made by FD Mediagroep specifically to an individual Subscriber or User;
Podcast: An on-demand available audio file that can be downloaded by a Subscriber or User.
Publication: A paper publication of the FD Mediagroep other than the Newspaper.
Service: All current and future electronic or digital services offered by FD Mediagroep that may or may not form part of a Subscription Agreement, such as but not limited to the Websites of FD Mediagroep including the mobile versions thereof and any web shops contained therein, all digital applications, digital news services (such as e-paper and RSS feeds) and archives, as well as all subscriptions offered by FD Mediagroep (such as to the Newspaper and the other Media it publishes), that are used by natural persons or legal entities or to which natural persons or legal entities have subscribed. Certain Services are only accessible to those who have concluded a Subscription Agreement;
Subscriber: The natural person or legal entity with whom FD Mediagroep concludes a Subscription Agreement, to whom FD Mediagroep provides a Service or with whom FD Mediagroep has another legal relationship;
Subscription Agreement: Any agreement between FD Mediagroep and a Subscriber that
gives the Subscriber the right to receive the agreed subscription during the contract period, in return for payment of the applicable subscription rate. This also includes – depending on the Subscription Agreement – the Service(s) offered by FD Mediagroep;
User: The natural person who is entitled to the strictly personal use of the FD Mediagroep subscriptions assigned to him by the Subscriber;
User account: The access key to a Service, consisting of a user name or e-mail address and a password, which may be assigned by the Subscriber exclusively to one permanent User;
Publication: A paper publication of the FD Mediagroep other than the Newspaper.
Website: The website(s) managed by FD Mediagroep or its subsidiaries.

Article 2. General

These General Terms and Conditions apply to all Offers, to all Subscription Agreements and to any use of the Services of FD Mediagroep.
These General Terms and Conditions expressly do not apply to agreements to place an advertisement in any Media published by FD Mediagroep.
In addition to the general PART I of these General Terms and Conditions, the special PART II or PART III also apply, depending on the nature of the Subscriber. In case of a conflict between the various parts, the special part prevails over the general part. PART I only partially applies to PART IV, as indicated in PART IV.
In the event of a conflict between the General Terms and Conditions and the Subscription Agreement, the Subscription Agreement prevails.
By entering into the Subscription Agreement and/or using the Services, the Subscriber declares that he/she is familiar with and agrees to these General Terms and Conditions.
Any general terms and conditions of the Subscriber are expressly rejected and do not apply to the Subscription Agreement, the use of the Services and the relationship between FD Mediagroep and the Subscriber.
Without prior written consent of FD Mediagroep, the Subscriber is not entitled to transfer his rights or obligations under the Subscription Agreement or the use of the Services to third parties.
FD Mediagroep reserves the right to unilaterally amend these General Terms and Conditions. FD Mediagroep will announce a material amendment in the Media to which the amendment relates. Amendments will enter into force 30 days after this announcement. They will then apply to all agreements concluded or extended after that date of entry into force.
These General Terms and Conditions are also available in English, but in the event of conflict or ambiguity, the provisions in the Dutch language will always prevail.

Article 3. Intellectual and industrial property rights

All content, design and layout (including, but not limited to: texts, photos, logos, drawings, other images, sound fragments, audio recordings, films, data files, including the layout and characteristic color combinations, domain names) of the Media and the Services are subject to intellectual and/or industrial property rights. By entering into a Subscription Agreement or using the Services, FD Mediagroep does not in any way transfer any of these rights to Subscriber, as Subscriber acknowledges.
It is not permitted to make public and/or reproduce and/or otherwise exploit (parts of) the Media without the prior express written permission of FD Mediagroep, including, but not limited to: printing, copying, scanning or otherwise duplicating, changing, editing, translating, archiving, indexing and/or classifying, renting, lending, sublicensing or otherwise making available to third parties, publicly presenting, embedding or framing (in any way whatsoever), or systematically collecting information from (parts of) the Media using automated means (including, but not limited to: crawling, spidering, phishing and/or hacking).
With regard to reproduce and/or use of articles, images or other content of FD Mediagroep by media with a news function and with regard to text and data mining of content of FD Mediagroep, as referred to in article 15 c.q 15o of the Dutch Copyright Act, including but not limited to the use of content of FD Mediagroep for the training of generative artificial intelligence (AI) or other AI applications, FD Mediagroep expressly reserves all (author’s) rights and therefore, prior written permission from FD Mediagroep is required. See also: https://fd.nl/copyright and https://fdmg.nl/wp-content/uploads/AV_Abonnementen.pdf.
Companies and institutions may make photocopies of a small part of the content or of some images from the Newspaper, a Publication or from the Websites, provided that a payment arrangement has been made in advance with Stichting Reprorecht (www.reprorecht.nl ). The use of articles in paper clipping newspapers is permitted provided that prior written permission has been obtained from, and a payment arrangement has been made with, FD Mediagroep. Permission for other paper reuse and for digital reproductions and/or digital reuse must be obtained in advance in writing from FD Mediagroep. A license will always be limited to certain types of use and FD Mediagroep will charge a fee for this.
Incidental (deep)linking or otherwise referring to articles, Media or Services of FD Mediagroep (for example in social media) is only permitted under the condition that only the title of the article is displayed on the Subscriber’s website. Use of the RSS feeds offered by FD Mediagroep on the Websites is permitted. (Deep)linking to (parts of) the Media on a structural basis is only permitted after prior written license from FD Mediagroep, against payment of an appropriate license fee.
Various trade and brand names, logos and other signs are used in the Media, which are protected word or figurative marks. This concerns all brands of FD Mediagroep and companies affiliated with it in a group, as well as brands of third parties that FD Mediagroep is allowed to use on the basis of an agreement concluded with that party. Any use of these trade names, brand signs or similar symbols is strictly prohibited without the prior written permission of the rightful owner(s).
Subscriber guarantees FD Mediagroep that it (and its Users) will not violate any intellectual and/or industrial property rights of FD Mediagroep. Subscriber is fully liable for all damage that FD Mediagroep will suffer as a result of or in connection therewith and indemnifies FD Mediagroep against all damage that third parties suffer as a result of any infringing act or omission by Subscriber and/or Users. The damage suffered by FD Mediagroep is deemed to be at least equal to the license fee that FD Mediagroep stipulates or may stipulate from a party with whom it concludes a license agreement with regard to the intended use, over the period of the unlawful use, plus all costs incurred by FD Mediagroep, including the full legal costs.
Insofar as the provisions in this article relate to intellectual property rights of third parties, such as suppliers of FD Mediagroep or advertisers, the provisions and stipulations of this article are to be regarded as third-party stipulations and as referred to in article 6:253 of the Dutch Civil Code.

Article 4. Investment information

The shares, options and other stock prices and currency rates displayed in the Media, and by e-mail or other automatic notifications to be sent to the Subscriber, are provided by third parties. FD Mediagroep is not liable for inaccuracies in this information. Unless expressly stated otherwise, the stock prices are delayed in accordance with the conditions of the relevant stock exchange.
FD Mediagroep points out to the Subscriber that investing involves financial risks. FD Mediagroep is not a broker/dealer or registered investment advisor under Dutch law, nor under the law on stock exchange transactions of the United States, nor of any other jurisdiction, and does not provide advice on investing in, buying or selling shares, securities, commodities, currencies or other financial products or services. None of the editorial content published in the Media is considered an offer or recommendation for the purchase or sale of securities, investment advice, nor are certain products or services mentioned in the Media endorsed or recommended by FD Mediagroep.

Article 5. Liability

FD Mediagroep strives to ensure that the information in the Media is up-to-date, complete and factually correct. However, the Subscriber accepts that inaccuracies or omissions cannot be completely ruled out. FD Mediagroep is therefore not liable for damage suffered by the Subscriber in the event of any inaccuracies or omissions, unless there is intent or gross negligence on the part of FD Mediagroep. Any use of this information by the Subscriber therefore remains entirely at the expense and risk of the Subscriber.
FD Mediagroep is not liable for information on third-party websites that are in any way connected to the Websites, for example by means of hyperlinks or metatags. FD Mediagroep can therefore not be held liable for damage suffered or to be suffered by the Subscriber due to or in connection with the use (or the impossibility thereof) of this information, in any way whatsoever. FD Mediagroep is also not liable for (the content of) services and/or information from third parties that are offered in any way vi a the Websites, including, but not limited to, stock and currency rates. FD Mediagroep is not liable for statements or advice included in the Media and originating from third parties, including, but not limited to, advertisements and other (commercial) statements included in the Media of FD Mediagroep.
FD Mediagroep will make every effort to prevent delayed delivery or delayed renewal of Media that is not (partly) due to force majeure, and if this does occur, to remedy it as soon as possible.
Damage must be reported to FD Mediagroep by the Subscriber immediately after it has occurred or discovered, so that the latter is given the opportunity to prevent any expansion of the damage and can (have) a proper assessment carried out in a timely manner. If Subscriber does not comply with the provisions of the Subscription Agreement, subsequent extensions of the damage, including costs to prevent, limit and determine the damage, will not be eligible for compensation. Damage that is not reported in writing by Subscriber to FD Mediagroep within four (4) weeks after discovery thereof will not be compensated.

Article 6. Force Majeure

FD Mediagroep is not liable for damage suffered by Subscriber in the event of force majeure, including, but not limited to, cases in which FD Mediagroep cannot or has not been able to meet its contractual obligations as a result of power failures, network failures, computer viruses, ransomware, server failures, internet hotspot failures, evacuations and evacuations in the company or the business environment of FD Mediagroep, epidemics, strikes or other actions by the staff of FD Mediagroep, including its suppliers or distributors.
If the period of force majeure lasts longer than one month, each of the parties is entitled to terminate the Subscription Agreement with immediate effect and without notice of default, but without being able to claim compensation from FD Mediagroep or FD Mediagroep being obliged to pay such compensation.
During the period of force majeure, the parties also have the right to suspend their obligations under the Subscription Agreement (or, if applicable, the Services) until such time as the performance of the obligations is reasonably deemed possible again.

Article 7. Offers and subscription rates

All Offers from FD Mediagroep that are aimed at a specific person or specific company are always one-off, non-committal and only valid for the period stated in the Offer. If no period is explicitly stated, an Offer is valid for 14 days.
If the specific Offer is only available to Subscribers who meet specific conditions, FD Mediagroep can terminate the Subscription or convert it into another type of subscription if the Subscriber no longer meets the specific conditions. FD Mediagroep reserves the right to verify compliance with those specific conditions if it desires.
Unless otherwise stated by FD Mediagroep, Offers can only be used if the Subscriber was not a Subscriber for three (3) months prior to accepting this Offer.
FD Mediagroep is entitled to unilaterally adjust the subscription rates annually, including (but not limited to) on the basis of the Dutch Consumer Price Index figure (CPI) determined by the Central Bureau of Statistics (CBS) in the Netherlands. Any proposed increase in the subscription rate will be published in the Newspaper, in the Publication to which the increase of the rate applies and/or on the Websites no later than one calendar month before it comes into effect, and will only apply to new Subscription Agreements or renewals of Subscription Agreements.
The rates stated in Offers do not apply to existing or to be renewed Subscription Agreements, unless FD Mediagroep has expressly stated otherwise in the Offer.

Article 8. Commencement

The Subscription Agreement is concluded in writing, by telephone or digitally, as soon as FD Mediagroep has confirmed the Subscription Agreement to the Subscriber in writing or by email. In the confirmation, the Subscriber is informed of, among other things, the subscription rate, the duration of the Subscription Agreement, the possibility of obtaining information about the term of the subscription and submitting complaints. The Subscription Agreement commences on the agreed starting date. FD Mediagroep is entitled to refuse a request to enter into a Subscription Agreement without stating reasons.
The delivery of Services that are only accessible to those who have concluded a Subscription Agreement with FD Mediagroep commences at the same time as the Subscription Agreement. The delivery of Services that are not part of a Subscription Agreement commences at the time that delivery is possible.

Article 9. Payment

Payment by Subscriber is made in advance, within 14 days after the invoice date and in the manner indicated in the Offer. If various payment options are offered by FD Mediagroep, payment will take place in accordance with the option chosen by the Subscriber.
Payments of invoices will first be deducted from any judicial or extrajudicial costs owed, then from the accrued interest and finally from the principal sum and the current interest, whereby the payment will always serve to settle the oldest outstanding debt, regardless of the order or ranking that the Subscriber indicates in or with his payment.
Any refund of any fee paid to FD Mediagroep will be made to the account number that the Subscriber provided to FD Mediagroep when entering into the subscription agreement.

Article 10. Address and delivery details

The Subscriber shall ensure that all details that FD Mediagroep indicates are necessary, or that the Subscriber should reasonably understand are necessary for the performance of the Subscription Agreement, are provided to FD Mediagroep in a timely manner.
The risk of the accuracy and completeness of the information provided by the Subscriber is entirely at the expense and risk of the Subscriber.
Changes of address must be reported to the subscription administration of FD Mediagroep no later than ten working days before the change takes effect.
FD Mediagroep assumes that the invoice address provided as well as the delivery address are correct, until the Subscriber has provided a new address in writing.
The Subscriber must cooperate with the delivery by FD Mediagroep by using a letterbox at the delivery address that meets the requirements as set out in the Dutch Postal Regulations 2009.
If the Subscriber fails to fully or timely fulfil an obligation arising from this article, or if the delivery address provided by the Subscriber is incorrect or if the Subscriber’s letterbox does not meet the condition stated in paragraph 5 of this article, FD Mediagroep is entitled to suspend the delivery of the Newspaper or Publication until the Subscriber fulfils his obligations under this article. In that case, the Subscriber is not entitled to subsequent sending or crediting of already published editions of the Newspaper or Publication.

Article 11. Delivery and provision of the Newspaper, Publication or Podcast

FD Mediagroep will exercise the utmost care to ensure timely and correct delivery and provision of the Newspaper, Publication or Podcast.
FD Mediagroep reserves the right to change the content or appearance of the Newspaper, Publication or Podcast at any time it so wishes, to add, replace, substantially change, have it appear at a different frequency or have it discontinued, as well as to change the distribution method. FD Mediagroep also reserves the right to carry out that which is not expressly described in the Subscription Agreement according to its own technical and creative insight.
FD Mediagroep is entitled to engage third parties in the performance of the Subscription Agreement for the purpose of delivery. The Subscriber must contact FD Mediagroep in connection with issues regarding the delivery of the Newspaper, Publication or Podcast. FD Mediagroep remains the liable party towards the Subscriber with regard to the delivery, unless the Subscriber has engaged a third party for the delivery.
The Newspaper will not be delivered on Sundays and public holidays.
The Subscriber is obliged to examine (or have examined) at the time of delivery of the Newspaper, Publication or Podcast, but in any case within 21 days, whether it has been delivered or made available in good condition and in the correct quantity. The risk of loss or damage to the Newspaper or Publication is transferred to the Subscriber at the time it is delivered to the delivery address by or on behalf of FD Mediagroep, or at least the time at which the Newspaper or Publication was offered for delivery by or on behalf of FD Mediagroep, but delivery was not possible for reasons that must be borne by the Subscriber.
Complaints about the delivery can be reported to FD Mediagroep by telephone or via the Website in the manner stated in the Newspaper, Publication or on the Websites. Delivery times of the Newspaper stated in Offers, the Newspaper, on the Websites or elsewhere are always indicative and are therefore never a fatal term. In the event of frequent exceeding of a term, the Subscriber must give FD Mediagroep written notice of default.
It is not possible to take out a subscription with a delivery address abroad or with a PO Box number.

Article 12. Services

Subscriber is responsible for the purchase and management of equipment, connections and software for receiving and using Services (such as computers, internet connection, tablets, mobile devices/telephones) and is aware that FD Mediagroep is partly dependent on the manufacturers and developers of that equipment and software. If a manufacturer or developer significantly changes its conditions, guidelines or exploitation possibilities for a specific medium, or significantly changes the equipment or software, FD Mediagroep will make every effort to continue the delivery of Services as much as possible. However, if this is not reasonably possible, or if the costs are significantly increased, the Subscription Agreement may be partially terminated by both parties with regard to the Service(s) affected by this, while maintaining the other Services from the Subscription Agreement. The termination will not have retroactive effect and FD Mediagroep will not be liable for any compensation for this termination.
Certain connections, such as data or internet connections, may be required for the use of Services.

The Subscriber must ensure a working connection and bear the costs thereof.

FD Mediagroep does not provide any guarantee regarding unhindered use, absence of obstructions, absence of infringement of intellectual property rights of third parties, uninterrupted or unhindered access to the Services, nor any other guarantee that is not explicitly included in these General Terms and Conditions.
FD Mediagroep will maintain and provide the Services with care. However, it cannot guarantee that no damage can be caused to the Subscriber’s equipment or software in any way. FD Mediagroep is not liable for such damage.
The Subscriber or the User must refrain from any use of the Services that is unlawful or could be harmful to the interests of FD Mediagroep, the companies belonging to the FD Mediagroep, suppliers, service providers or other Users of the Services. In particular, Subscriber shall not use the Services in a manner that could disable, overload, or impair the Services and any associated networks, or that could negatively impact the user experience of any User of the Services.
FD Mediagroep reserves the right to change, interrupt, add or remove, materially alter, replace or discontinue certain functions or functionalities, sections, services and/or suppliers at any time and for any reason.
FD Mediagroep is entitled to perform maintenance work on and make changes to the manner of use of and access to the Services, including procedural and/or technical changes and/or changes to the delivery as well as to the content and appearance of the Services.
FD Mediagroep is entitled to deny the Subscriber or User access to the Services with immediate effect and without being liable for any compensation, if and as soon as it has reasonable grounds to suspect that the Subscriber or User is using the Services in a manner that is contrary to the provisions of the General Terms and Conditions, any law or what is appropriate in social intercourse.
A User account may be assigned by the Subscriber to one User for strictly personal use. The user account may not be shared with and/or transferred to a third party. The Subscriber remains liable to FD Mediagroep at all times for the use by the User of a User account.

Article 14. Privacy

FD Mediagroep will treat personal data as referred to in the General Data Protection Regulation confidentially in accordance with the Privacy Statement published on the Website. The Subscriber declares that he/she is familiar with and has read that Privacy Statement.

Article 15. Confidential data

All information and data exchanged between FD Mediagroep and Subscriber or of which Subscriber otherwise becomes aware, including agreed rates and discounts thereon, preparatory materials, (innovation) developments, company data, documentation, formats, concepts, designs, images, sales data, know-how, software, figures, strategy, marketing and promotion plans, and other data related thereto of a confidential nature, or of which Subscriber should reasonably be aware of the confidentiality, will be treated as confidential by Subscriber. Subscriber undertakes not to disclose such information and data to third parties without prior written permission from FD Mediagroep.

Article 16. Forum & Choice of Law

Every Subscription Agreement between FD Mediagroep and the Subscriber and every delivery of Services are exclusively governed by Dutch law. All disputes arising from or related to the Subscription Agreement or the delivery of Services will initially be brought exclusively before the competent court in Amsterdam, the Netherlands, unless mandatory law prescribes otherwise.

Identity FD Mediagroep

FD Mediagroep B.V.

Visiting address: Prins Bernhardplein 173, 1097 BL Amsterdam Postal address: Postbus 216, 1000 AE Amsterdam, The Netherlands General telephone number: ++31 (0)20-5928888

Contact customer service: the department can be reached by telephone, see the Website for opening hours. Telephone number: 0800 - 666 666 7 (free) Email address: klantenservice@fd.nl

PART II: ADDITIONAL PROVISIONS FOR CONSUMERS

The term ‘consumer’ here means: the natural person who does not act in the exercise of a business or

profession.

In addition to PART I, the following additional conditions apply to consumers:

The Subscription Agreement is entered into for the agreed term, but for a maximum of two (2) years. If the Subscription Agreement is entered into for a term of more than one (1) year, the Subscriber has the right to terminate the Subscription Agreement at any time after one (1) year, with a notice period of one month. A Subscription Agreement is tacitly extended for an indefinite period upon reaching its expiration date, at the subscription rate applicable at that time. The Subscriber can terminate the extended Subscription Agreement at any time with a notice period of one (1) month. FD Mediagroep can terminate a Subscription Agreement at any time, with a notice period of one (1) month.
For the extended Subscription Agreement, FD Mediagroep will invoice in advance and based on the duration of the initial agreement, at the subscription rate applicable at the time of the extension.
Termination can take place in writing, by email, by telephone, or in the same manner as the Subscription Agreement was concluded. If an extended Subscription Agreement is terminated, FD Mediagroep will refund any excess payment made by the Subscriber. FD Mediagroep will then charge the subscription rate applicable for the period for which the (possibly extended) Subscription Agreement existed (to avoid ambiguity: if, for example, an extended Subscription Agreement is paid in advance based on the price of an annual subscription, FD Mediagroep will charge the price for a monthly subscription if the Subscriber cancels the extended subscription within one month. If the Subscriber cancels after a quarter, FD Mediagroep will charge the rate for a quarterly subscription, etc.). FD Mediagroep will offset this against the amount to be refunded.
If either party fails to fulfil the obligations under the Subscription Agreement, fails to fulfil them on time or fails to fulfil them in full, the other party is entitled, after notice of default and granting a reasonable period for fulfilment, to terminate the Subscription Agreement extrajudicially.
If the Subscriber dies, the Subscription Agreement is deemed to have ended at the time at which the death of this person is notified in writing to FD Mediagroep. Refund of the subscription fee for the subscription period that has not expired at the time of the aforementioned notification will only take place if the amount is more than €15.-.
If FD Mediagroep has stated in the Offer that this is a trial subscription, the Subscription Agreement will end by operation of law upon expiry of the agreed term.
If the Subscriber is in default, he is liable to pay default interest on outstanding amounts to FD Mediagroep without further notice or notice of default, at the statutory interest rate. The interest on the amount due will be calculated from the moment the default occurs until the moment of payment of the full amount due.
The subscription rates stated by FD Mediagroep are inclusive of VAT and - if applicable - inclusive of delivery of the Newspaper or Publication to the Subscriber’s address within Netherlands, unless expressly stated otherwise.
The right to use the Services, as offered under various Subscription Agreements, and to use the information contained therein is personally bound to Subscriber and may not be transferred to third parties, given into use, rented or otherwise assigned to third parties, or shared with third parties. If Subscriber acts in violation of the provisions of this article, he shall forfeit an immediately due and non - refundable fine of € 250, without prejudice to the right of FD Mediagroep to claim full compensation.

PART III: ADDITIONAL PROVISIONS FOR BUSINESS SUBSCRIBERS

In addition to PART I, the following additional conditions apply to Subscribers acting in the exercise of a business or profession:

Where PART III refers to ‘User’, this means: the natural person who – whether or not employed by Subscriber – is authorised by that Subscriber as an employee or worker of the (business) Subscriber to use the Subscription and, if applicable, a User Account.
Unless an Offer expressly specifies a different term, the Subscription Agreement will apply for a period of two (2) years, after which the Subscription Agreement will be tacitly extended each time by one (1) year. The Subscription Agreement can be terminated in writing three (3) months before the end of the current period by registered mail or email, but cannot be terminated in the meantime by Subscriber. After termination, FD Mediagroep is never obliged to refund a paid subscription fee; the subscription will be terminated as of the next billing period.
If the Subscriber is in default in fulfilling any obligation under the Subscription Agreement, all costs of judicial and extrajudicial collection of the amount due will be borne by the Subscriber and he will owe FD Mediagroep default interest on outstanding amounts without further notice or notice of default at the statutory commercial interest rate plus 2 percent. The interest on the amount due will be calculated from the moment the default occurs until the moment of payment of the full amount due.
FD Mediagroep is only liable for direct damage to the Subscriber or the User, arising as a result of a failure to comply with any obligation under the Subscription Agreement, including exclusively replacement compensation, reasonable costs incurred to prevent or limit such damage, reasonable costs to determine such damage, as well as reasonable costs to obtain satisfaction out of court. The liability of FD Mediagroep in the event of damage resulting from non-compliance with any obligation or on any other grounds is limited to the gross amount of the most recent invoice paid by the Subscriber under the Subscription Agreement. FD Mediagroep is never liable for indirect damage, including, but not limited to, consequential damage, loss of turnover and/or profit, missed savings, missed investment opportunities, investment losses, damage due to business stagnation, reduced goodwill in the company, claims by third parties and financial loss other than property damage or physical injury.
The subscription rates stated by FD Mediagroep are exclusive of VAT and – if applicable – inclusive of delivery of the Newspaper or Publication to the Subscriber’s address within the Netherlands, unless expressly stated otherwise.
FD Mediagroep may terminate the Subscription Agreement at any time in writing, observing a notice period of one (1) month, without being liable for any damages.
Without prejudice to the powers that FD Mediagroep is entitled to under the law and without being liable for any compensation, FD Mediagroep is entitled to terminate a Subscription Agreement or the provision of Services with immediate effect, and without prejudice to the right to claim repayment of amounts already paid and/or compensation, without judicial intervention if:
1. The Subscriber, even after notice of default (if required), fails to fulfil his obligations under the Subscription Agreement;
2. The Subscriber is placed under guardianship
3. The Subscriber applies for or obtains bankruptcy or a debt restructuring scheme or an event occurs or a situation arises that is comparable to one of the aforementioned events or situations; or;
4. a change in circumstances occurs that no longer justifies maintaining the Subscription Agreement.
If the relationship and/or the Subscription Agreement between FD Mediagroep and Subscriber is terminated, for whatever reason or on whatever grounds, all claims of FD Mediagroep on Subscriber are immediately due and payable and Subscriber will immediately pay all outstanding claims to FD Mediagroep, for which he will be held liable in the absence thereof.
If the Subscription Agreement is terminated for whatever reason or on whatever grounds, all provisions of the General Terms and Conditions regarding confidentiality and intellectual and industrial property will remain in force.
Subscriber waives all rights to terminate and dissolve the Subscription Agreement, unless mandatory legal provisions oppose this.
If a Subscription Agreement is concluded by two or more (legal) persons jointly, each of them is jointly and severally liable for the fulfilment of obligations arising from the Subscription Agreement.
The right to use the Services, as provided under various Subscription Agreements, and to use the information contained therein is reserved for and limited to the number of Users agreed with Subscriber and cannot be transferred, given into use, rented or otherwise assigned to third parties or other employees or workers of Subscriber, or shared with third parties. Subscriber guarantees FD Mediagroep that no other employees or workers of Subscriber other than the Users will use the Services as agreed under the Subscription Agreement or have the User Account or have access to the Services via the User Account. Login accounts are strictly personal and must be in the name of the User, whereby the login name must be the same as the business email address of the User (unless SSO is used, see below). User accounts may therefore not be on general email addresses, such as department email addresses. If a department wants full access to one or more of the services, this is not possible with one user account, but the Subscriber must conclude a license for this, whereby a User account is provided for each employee. The access data to a User account may not be shared with others, only the User himself may use the access data to gain access to the Services. The Subscriber will take sufficient measures to prevent unauthorized use by the User(s). If the Subscriber acts in violation of the provisions of this article, he will forfeit an immediately due and non-refundable fine of €10,000 (in words: ten thousand euros), without prejudice to the right of FD Mediagroep to claim full compensation. If the Subscriber acts in violation of the provisions of this article, FD Mediagroep is entitled to suspend its obligations under the Subscription Agreement without further notice. Subscriber may only assign a User account to a User after prior written permission from FD Mediagroep, which permission FD Mediagroep will not withhold from Subscriber on unreasonable grounds.
FD Mediagroep will, if Subscriber so wishes, allow Subscriber to give Users automated access to the available content by means of Single Sign On (SSO). To this end, Subscriber provides FD Mediagroep with the User’s first name, last name and business email address. Subscriber only provides data of Subscriber employees and in the case of the email address only the business email address. Subscriber is responsible for the accuracy of this data provided. The use of Single Sign On is at Subscriber’s own expense and risk. FD Mediagroep is not liable for any damage resulting from this technology.
FD Mediagroep will provide Subscriber with aggregated usage data of Services if desired, but not in such a way that specific use in any way can be traced back to an individual User or a small group of Users.
A subscription may also include regular information provision on relevant topics by parties other than FD Mediagroep in relation to the specific Publication or Service.
Subscriber agrees on behalf of Users that FD Mediagroep sends service emails (not being commercial messages) to User for the purpose of activating User and increasing User engagement.
Complaints other than about the delivery of the Newspaper or Publication must be submitted in writing (to the postal address or email address stated in the colophon of the Newspaper or Publication) or by telephone by the Subscriber within eight (8) days after discovering the relevant defect. This is a fatal term, upon expiration of which the right to complain lapses. Subscriber is not entitled to suspend the payment obligations arising from the Subscription Agreement in connection with any complaint.
If the number of Users increases during the Subscription Agreement, the Subscription Agreement will be adjusted and the fee will be increased by the number of ‘new users’.
The parties will not offset any claims they have against each other due to the automated accounting of FD Mediagroep.

PART IV: DELIVERY OF PRODUCTS

The term ‘Product’ is understood here to mean: the tangible object, not being a subscription to Media or the subject of a Subscription Agreement, which FD Mediagroep delivers to a customer (hereinafter: ‘Customer’) in the context of a purchase agreement (hereinafter: ‘Purchase Agreement’).

Article 1. Applicability

PART IV applies to both the business Customer and the consumer Customer.
In addition, only articles 1, 2.4 to 2.7, 3.7, 6, 9, 10, 13 and 15 of PART I apply accordingly. For the Purchaser acting in the exercise of a profession or business, article 4 of PART III also applies accordingly.
Part IV of these General Terms and Conditions applies to all offers regarding Purchase Agreements and to all Purchase Agreements (whether or not containing a distance contract as referred to in article 6:230g of the Dutch Civil Code) between FD Mediagroep and a Purchaser.

Article 2. The offer, prices and payment

If the offer of a Product has a different or limited period of validity or is made under additional Conditions, this will be explicitly stated in the offer.
FD Mediagroep is at all times entitled to change its prices, provided that FD Mediagroep is not entitled to change the price of a Product after a Purchase Agreement has been concluded.
The price owed by the Purchaser must be paid at the time of purchase, unless otherwise agreed in the Purchase Agreement. If the Purchaser has not paid the price due, has not paid it on time or has not paid it in full, he will be in default immediately from the moment that the full price should have been paid, whereby the business Purchaser will immediately owe the extrajudicial and judicial costs actually incurred by FD Mediagroep.

Article 3. Revocation

During fourteen days after receipt of the Products by or on behalf of the Purchaser, the Purchaser has the right to dissolve the Purchase Agreement without stating reasons, upon return of the Products. The costs for returning the Product shall be borne by the Purchaser. FD Mediagroep shall refund the price paid by the Purchaser to the Purchaser as soon as possible and in any case within 30 days.
The Purchaser is obliged to exercise all due care with regard to the Product and the packaging during this period. The Purchaser is permitted to open the packaging to the extent necessary to assess the Product.
If the Purchaser returns the Product on the basis of this article, he shall return the Product with all accessories and materials supplied and insofar as reasonably possible in the original condition.
This right of withdrawal and the other provisions of this article do not apply to Products that have been created in accordance with the Purchaser’s specifications, Products that are clearly personal in nature, Products that cannot be returned due to their nature, can spoil or age quickly, newspapers, magazines or journals, audio and video recordings and computer software, if the Purchaser has broken the seal.
This article does not apply to the Purchaser acting in the exercise of a business or profession and article 4 of PART III takes precedence in all cases.

Article 4. Warranty and conformity

FD Mediagroep guarantees that the Products will comply with the Purchase Agreement for one year (unless the nature of the Product precludes this), the specifications stated with the Product, and the requirements that can reasonably and normally be imposed on such Products.
The warranty scheme offered by FD Mediagroep leaves the other rights and claims that the Purchaser can assert against FD Mediagroep in respect of a failure to comply with the obligations of FD Mediagroep under the law intact.
The Purchaser can no longer rely on the rights stated and referred to in this article if he does not notify FD Mediagroep of the complaint within a reasonable time after discovering the alleged failure, whereby notification within a period of two months after discovering the failure is timely.

Article 5. Delivery

The delivery address specified by the Purchaser shall be considered the place of delivery.
Delivery of Products shall take place within 30 days after the conclusion of the Purchase Agreement, unless expressly agreed otherwise. This is the case if a longer delivery period is stated in the offer of the Product. If the delivery is delayed or cannot be carried out in full, the Purchaser shall be informed of this as soon as possible.
If, as a result of a delay referred to in paragraph 2, the delivery period exceeds 30 days and no longer period has been agreed, the Purchaser shall be entitled to terminate the Purchase Agreement free of charge, subject to immediate repayment by FD Mediagroep, but no later than within 30 days, of the amount already paid by the Purchaser.
Until the moment of delivery, the risk (for damage and/or loss) of the product lies with FD Mediagroep.

Article 6. Third parties

FD Mediagroep shall be entitled to use third parties in the performance of the Purchase Agreement.
These third parties may take care of the handling, payment and/or delivery, without prejudice to the liability for correct performance of FD Mediagroep towards the Purchaser.

PART V: GENERAL TERMS AND CONDITIONS FOR PARTICIPATION IN EVENTS

‘Attendee’ is defined as: a natural person who participates in an Event organized or partly organized by FD Mediagroep, other than as a Sponsor or employee of FD Mediagroep;

‘Event’ here means: a physical or virtual meeting (co-)organized by FD Mediagroep in which Attendees can also participate.

Article 1. Access

FD Mediagroep reserves the right to deny an Attendee access to an Event (co-) organized by FD Mediagroep.
FD Mediagroep reserves the right to remove displays from the Event which, in the opinion of FD Mediagroep, are detrimental to the interests of FD Mediagroep or Sponsors of the Event.

Article 2. Compensation

FD Mediagroep will not provide the Attendee with any other compensation for costs incurred by or for him in relation to the visit to the Event than those agreed in advance in writing.

Article 3. Liability

FD Mediagroep is not liable for damage that an Attendee suffers as a result of visiting an Event that FD Mediagroep (co-)organizes, unless the damage is caused by intent or deliberate recklessness on the part of FD Mediagroep.
FD Mediagroep is not responsible for any damage, in whatever form, that an Attendee suffers as a result of changes or cancellations of travel and/or accommodation facilities in connection with the visit to the Event insofar as these are provided by third parties and FD Mediagroep has no influence on this.

Article 4. Personal data

Unless the Attendee explicitly indicates otherwise in advance, personal data that the Attendee provides to FD Mediagroep in connection with the Event may be used freely by FD Mediagroep and may also be provided to third parties, including sponsors of the Event.
Image and sound recordings are generally made during Events. Unless the Attendee explicitly indicates otherwise in advance, the Attendee agrees in advance that he will be recorded in those recordings and will not object to any use and/or distribution and/or publication of those recordings by FD Mediagroep