Terms & conditions

Terms of delivery of publications

January 2020

1. Definitions

In these terms and conditions, the terms referred to have the following meanings.

Publication: any commercial or promotional expression submitted for placement in the Open Data Base.

Material: the material required for the production and placement of the Publication.

Client: the party with whom IntoNijmegen enters into an agreement for the placement of a Publication.

Privacy Legislation: the applicable privacy legislation including the General Data Protection Regulation ("AVG") applicable from 25 May 2018.

IntoNijmegen: a joint initiative of the following parties:

The public-law legal entity Municipality of Nijmegen, having its registered office in Nijmegen, validly represented for this purpose by H. Berends (Department Head Urban Development) duly authorised by virtue of the provisions of the Mandate Decree Municipality of Nijmegen 2019, section all departments, adopted by the Municipal Executive and the Mayor on 2 April 2019, agenda item 4.10 and published in the Municipal Gazette under number gmb-2019-81066;
Stichting Huis van de Binnenstad, registered in the Chamber of Commerce under number 41057876, validly represented by T. Tankir;
Visit Arnhem Nijmegen B.V. , registered in the Chamber of Commerce under number 70348723, validly represented by H.M. Dijkema;
Stichting Culturele Evenementen Nijmegen, registered in the Chamber of Commerce under number 09220411, lawfully represented by A.A.M. Tax.
Conditions: the present general terms and conditions.

2. Publications

2.1 The Client is responsible for the content of the Publications offered.

2.2 Publications may not contain statements which are contrary to the law, other regulations (including the Dutch Advertising Code), public order or decency, nor may their content infringe the (intellectual property) rights of third parties. The Client indemnifies IntoNijmegen both in and out of court for claims by third parties in this regard and all damage suffered or to be suffered by IntoNijmegen as a result or in connection with this.

2.3 IntoNijmegen aims to post a Publication within 3 working days.

2.4 IntoNijmegen reserves the right to change the content and form of Publications at its own discretion and within reason without the Client being entitled to any (damage) compensation or refund.

2.5 IntoNijmegen is entitled to refuse a Publication without giving reasons, without being liable to the Client in any way in this regard.

2.6 IntoNijmegen does not grant exclusivity to the Client, for example with regard to the events or services offered in the Publication. IntoNijmegen is free at its own discretion to accept Publications from third parties and place them in any place in the Open Data Platform.

2.7 Any additional costs associated with digital Publications, including production costs and external hosting costs, shall be borne by the Client.

3. Material

3.1 The Material must be delivered in accordance with the specifications published by IntoNijmegen. The Client bears the risk of correct delivery of the Material, regardless of the method of dispatch.

3.2 IntoNijmegen shall treat the received Material with care, but is not liable for any damage, loss or otherwise rendering the Material unusable.

3.3 The Client guarantees that digitally submitted Material is safe and does not contain any viruses, Trojan horses, worms or other programmes which may in any way damage IntoNijmegen's computer systems, computer programmes or websites. The Client also guarantees that, when delivering online, it does not use equipment and/or software that could disrupt the normal operation of IntoNijmegen's websites, nor does it send data that, due to their size and/or properties, disproportionately burden the infrastructure of IntoNijmegen's websites.

3.4 IntoNijmegen is entitled to refuse Material that is not submitted in accordance with the requirements mentioned in this article.

3.5 IntoNijmegen is entitled to delete the Material after completion of the agreement.

3.6 All (intellectual) property rights to the Material produced by or on behalf of IntoNijmegen belong to IntoNijmegen.

3.7 Corrections are accepted and executed by IntoNijmegen if and as far as this is reasonably possible in the opinion of IntoNijmegen.

4. Shortcoming, liability, force majeure and bankruptcy

4.1 The Client shall indemnify IntoNijmegen both in and out of court for all claims by third parties in connection with the non or non-timely fulfilment of its obligations towards IntoNijmegen, expressly including claims in connection with the (unlawful) content of a Publication.

4.2 Any liability of IntoNijmegen shall be limited per event to the fee paid by the Client in respect of the relevant Publication.

4.3 IntoNijmegen's liability for indirect damage (including but not limited to consequential damage, delay damage and loss of profit) is expressly excluded.

4.4 Not excluded is the liability of IntoNijmegen for damage resulting from intent or deliberate recklessness of IntoNijmegen or its managing subordinates.

4.5 If unforeseen circumstances or force majeure occur on the part of IntoNijmegen, IntoNijmegen shall be entitled to suspend the execution of the agreement for as long as this situation continues or, at the discretion of IntoNijmegen, to dissolve the agreement completely or partially. In such a case IntoNijmegen shall not be obliged to compensate the Client for any damages. Force majeure shall in any case include failures by suppliers or other business partners of IntoNijmegen, strikes, (unforeseen) government measures, terrorist attacks or concrete threats thereof, war, fire, natural disasters, the temporary unavailability or inadequate availability of hardware, software and/or internet or other telecommunications connections necessary for the placement of a Publication by IntoNijmegen as well as any other situation over which IntoNijmegen cannot exercise decisive control.

4.5 If the Client is granted a (provisional) suspension of payment or if the Client is declared bankrupt, IntoNijmegen is entitled to terminate the agreement with immediate effect by registered letter, without prejudice to the obligation of the Client to pay the entire remuneration associated with the agreement.

5. Privacy

IntoNijmegen records the data of the Client for the execution of the agreement as well as to inform the Client about (other) products and services of IntoNijmegen. This recording is subject to the privacy statement of IntoNijmegen, which can be found at www.intonijmegen.com/privacy-cookies.

6. Applicable law and competent court

6.1 Dutch law shall apply to the agreement and these terms and conditions.

Any disputes arising from the agreement shall in the first instance be submitted to the competent court in Arnhem.