GENERAL CONDITIONS OF SALE

GENERAL CONDITIONS OF SALE - SANOMA ADVERTISING
1. Parties
1.1. In these terms and conditions of sale, “Sanoma” should
be understood to mean the public limited company (“n.v.
/ s.a.”) Sanoma Media Belgium, Stationsstraat 55 in 2800
Mechelen (Belgium) (CBE: 0404.802.477), the n.v. / s.a.
Sanoma Regional Belgium, Stationsstraat 55 in 2800
Mechelen (Belgium) (CBE: 0404.802.774) or the private
limited company (“b.v.”) Uitgeverij WVM Euro Publinet,
Bijsterhuizen 1158, 6546AS Nijmegen, the Netherlands
(KVK: 17077716), depending on with which company an
order is placed. The “Client” refers to the company or the
physical person or the organisation that has placed an
order with Sanoma.
2. Scope
2.1. The present terms and conditions are, together
with any supplementary conditions that are stated on
an additional agreement or on Sanoma invoices, solely
applicable to all sales, deliveries and/or services performed
by Sanoma, with the exception of all previous conditions of
Sanoma and all other conditions of the Client, except for if
deviating conditions are explicitly accepted by Sanoma in
writing or electronically. Any deviation only applies to the
specific sale, delivery and/or service for which this was
agreed.
2.2. By placing an order, the Client effectively confirms to
have acquainted itself with the present terms of sale and
the supplementary conditions, and to accept these in full
and unconditionally.
2.3. In the event that a separate agreement or purchase
order was signed with the Client, the stipulations of this
agreement or purchase order, should these still apply on
the invoicing date, always have priority over the terms
and conditions stated on the invoice in the event of any
contradictions. For the rest, the terms and conditions on
the invoice remain fully valid.
3. Quotations and rates
3.1. Sanoma shall respond to all quotation requests
from the Client as swiftly as possible. In order to that
the quotations requests are dealt with efficiently, it is
recommended that the Client supplies as much information
as possible immediately (including campaign type, which
visuals, in which medium and/or on which websites,
special conditions, etc.). The Client undertakes to respond
to any questions from Sanoma as swiftly as possible so as
to allow the latter to draw up a suitable quotation.
3.2. Once Sanoma has received all of the information
required, it shall draw up a quotation with the proposed
content of the campaign, the various media in which the
campaign is to be performed, the timeframes and the price.
3.3. Except if stipulated otherwise, quotations are valid for
thirty (30) working days after having been sent. Once this
period has expired, a new quotation must be requested.
3.4. Sanoma is at all times entitled to adjust writing errors
and other material omissions in its quotations, and is not
bound by these.
3.5. Sanoma reserves the right not to draw up any
quotations for certain campaigns. This applies among other
things but is not restricted to campaigns (I) that violate
the rights of others; (II) that are offensive, insulting and/
or shocking; (III) that conflict with any legislation, with
public order or common decency; (IV) that have already
been subject to a legal prohibition; (V) for products and/
or services that enter into competition with Sanoma’s own
products or services; (VI) if accepting that campaign would
entail any infringement on a contractual commitment that
Sanoma has entered into with a third party. Sanoma shall
inform the Client or its decision.
3.6. Advertisements are inserted and campaigns conducted
at the applicable rate, subject to entry errors, at the
moment the advertisement or campaign is inserted. Any
rate alteration that has been made known three months
in advance may be applied to assignments in progress.
The duration of a contract may in no instance exceed one
year from the date of first placing the advertisement or the
launch of the campaign.
4. Order
4.1. In order to place an order validly, the Client must return
to Sanoma a fully completed purchase order signed by the
person authorised.
4.2. With regard to online campaigns, the purchase order
must be returned at the latest fifteen (15) working days
prior to the start date of the campaign or, with regard to
print campaigns, at the latest on the reservation deadline
as stated at cs.sanomamedia.be.
4.3. Before signing a contract for several insertions, the
Client accepts that its previous advertisement is used again
if it does not deliver any new material to Sanoma or provide
new instructions in accordance with the present conditions,
without Sanoma having to request confirmation for each
insertion.
5. Intellectual property rights
5.1. By delivering material for a campaign to Sanoma, the
Client automatically grants Sanoma the right to use this
material in various media for the campaign.
5.2. Should Sanoma design and/or further develop (a part
of) the advertisement material (including pictures), it grants
the Client a non-exclusive licence to use (that part of) the
advertisement material during the campaign. The Client
must obtain prior and written permission from Sanoma
before (that part of) the advertisement material may be
used in any other manner.
5.3. Parties acquire no rights on each other’s brands or
logos. Any use thereof therefore requires prior written
approval from the other party. However, Sanoma acquires
the right to include the campaign in its portfolio in order to
promote its services.
6. Executing the campaign
6.1. Sanoma shall engage its best resources in order to
ensure that the campaign shall be executed in the manner
set out in the purchase order.
6.2. Sanoma reserves the right to cease a campaign
for any reason whatsoever. This applies among other
things if (I) it should establish that the campaign does
not correspond with the details stated on the purchase
order; (II) the campaign in question enters into a negative
light; (III) the campaign in any way whatsoever should
become the subject of a dispute, legal or otherwise; (IV)
it should transpire that the Client fails to possess the
permission required to integrate into the campaign the
material it provided; (V) the campaign should violate
certain legislation, public order or common decency;
(VI) the campaign should in any way whatsoever cause
harm to Sanoma. If necessary, Sanoma shall notify the
Client of this. The Client shall anyway continue to owe
the remuneration for the part of the campaign already
executed.
7. Invoicing
7.1. All Sanoma invoices are payable at thirty (30) calendar
days after sending the invoice, net without discount,
unless stated otherwise on the invoice. The date stated on
the invoice itself applies as the date of sending.
7.2. Should the Client fail to pay Sanoma invoices within
the deadlines provided, Sanoma is entitled legally and
without prior notification of default to late interest of ten
per cent (10%) on an annual basis, with a minimum of five
euros (EUR 5), whereby each month commenced shall be
deemed as an expired month. Outstanding invoice amounts
shall furthermore automatically and legally be increased
by fifteen per cent (15%), with a minimum of twenty-five
euros (EUR 25). Moreover, all recovery costs shall be borne
by the Client, and all other amounts still outstanding shall
be owed by the Client immediately and in full. Sanoma also
reserves the right for cease all assignments or orders in
progress immediately, without any prior reminder.
7.3. No reason whatsoever, such as lodging a complaint,
releases the Client from its payment obligations.
7.4. Other conditions apply for non-accredited
advertisement agencies and direct advertisers, which are
available on request.
8. Liability of the Client
8.1. The Client is solely liable for the legality and the
lawfulness of the material it provides, of any nature
whatsoever (logos, brands, visuals, music, photos,
adhesive products, items, samples, etc.)
8.2. The Client is solely liable for the legality, the
lawfulness and the content of the campaign, as well as the
web pages to which the campaign refers.
8.3. The Client is solely liable for observing all relevant
legislation in the event that the campaign contains a
competition, promotion, price reduction, announcement,
offer, remote selling, service, comparative advertisement or
other legal action of any nature whatsoever.
8.4. Should the campaign cover the collection and
processing of email addresses or other personal details,
the Client undertakes strictly to observe the applicable
regulations of personal privacy.
8.5. The Client fully indemnifies Sanoma against any claim,
for any reason whatsoever, should the Client fail to observe
one of the aforementioned commitments, and shall also
compensate Sanoma in full for any damage it might suffer,
irrespective of any overview of the campaign performed by
Sanoma.
8.6. If it is expressly agreed that the Client shall receive
one or more proofs, the Client will have to investigate
these thoroughly for errors and defects and return them,
corrected or approved in writing, by return mail, and in
any case within 48 hours after receipt, to Sanoma. In the
absence thereof, the proofs will be considered approved
by the Client. Approval of the proofs by the Client shall
also be regarded as recognition that Sanoma has executed
the ordered work in a correct manner. Sanoma cannot be
held liable for deviations, errors and defects, which have
remained unnoticed by the Client in proofs corrected or
approved by him. Proofs will be made digitally available to
the Client by Sanoma, after written request of the Client.
The colors displayed on the Client’s screen, can differ
from the colors printed. This shall not be considered an
acountable shortcoming of Sanoma. The Client shall report
the color codes of the colors he desires, to Sanoma.
9. Liability of Sanoma
9.1. Sanoma is not liable for errors and/or omissions that
result from instructions that are dubious, incomplete,
poorly formulated or provided by telephone, and/or those
resulting from incomplete information or the delivery of
print material that fails to meet all technical conditions
and/or omitting, wrongly setting or wrongly placing a
code and/or not checking colour quality 100% and/or, for
advertisements that run over the fold, the fact that text and
illustration on the pages lying opposite each other have not
been placed at the same position.
9.2. The timeframes stated by Sanoma in the quotation are
not binding. In the event that certain timeframes are not
observed, the parties shall agree new timeframes without
any entitlement to compensation nor price reduction for the
Client.
9.3. The maximum compensation that can be claimed for
poor printing omissions is the cost-free replacement of the
advertisement in question. For inserts, outserts or adhesive
formulas, the maximum compensation is the waiving
of the insertion fee. The liability of Sanoma shall in any
event, irrespective of the basis, always be restricted to the
invoice amount for the campaign and/or advertisement in
question, which the Client explicitly accepts. Sanoma may
in no instance be held liable for general or particular direct
damage not for any consequential claim, of any nature
whatsoever, lodged by the Client or by any third party.
9.4. Unless explicitly agreed otherwise, complaints
concerning invoices and/or the services of Sanoma
must be made known to Sanoma by registered letter,
with an adequate explanation, within seven (7) calendar
days following the delivery or, should the complaint relate
exclusively to the invoice, on the invoice date, under
penalty of inadmissibility.
9.5. The Client is aware and accepts that Sanoma is unable
to offer any guarantee in relation to the quality and the
duration of the services provided by third parties. Sanoma
is therefore in no way liable for the non or inadequate
execution of these third-party services.
10. End of the agreement
10.1 Sanoma is entitled to terminate all orders in progress
with immediate effect, without notice or compensation to
the Client, by sending a registered letter, in the event that:
- fifteen (15) calendar days following after sending a first
registered notice of default, the Client remains in default
of payment of any amount owed, without prejudice to the
right of Sanoma to demand full payment, plus interest and
the amount of the fixed-rate compensation;
- the Client files for bankruptcy, is declared bankrupt,
goes into liquidation or submits a request for judicial
reorganization.
11. Miscellaneous
11.1. Sanoma is not liable for any delay in the execution or
for any non-execution of its commitments in the event
of force majeure. Should Sanoma find itself in a situation
of force majeure, it shall immediately notify the Client in
writing. All of Sanoma’s commitments shall be postponed
during the period of force majeure, without any right to
compensation for the Client.
11.2. All of the Client’s appointed parties, employees and all
other authorised persons are deemed to act on its behalf
and for its account.
11.3. Should any article of these terms and conditions be
declared invalid, this invalidity shall not affect the validity
of the remaining articles.
12. Jurisdiction and applicable law
12.1. In case of an order with the n.v. Sanoma Media
Belgium or the n.v. Sanoma Regional Belgium, only the law
of Belgium is applicable. In case of an order with the b.v.
Uitgeverij WVM Euro Publinet, only Dutch law applies.
12.2. In the event of any dispute between the Client and the
n.v. Sanoma Media Belgium or the n.v. Sanoma Regional
Belgium, the courts and tribunals of the judicial district of
Brussels (Belgium) are exclusively competent. A dispute
with the b.v. Uitgeverij WVM Euro Publinet can only be
submitted to the courts and tribunals of ’s-Hertogenbosch
(the Netherlands).
SPECIFIC CONDITIONS FOR PRINT ADVERTISING
13. Amending or cancelling assignments or options
13.1. Any amendment or cancellation of an advertisement
assignment by the Client must be confirmed in writing and
may only be accepted insofar as the deadlines provided
for the material and/or the cancellation deadline were
observed. Customised formulas, creative formulas, covers
and prima postas are only held in option for the period
indicated by Sanoma. Orders for covers, prima postas,
customised formulas and creative formulas cannot be
cancelled.
13.2. When cancelling between 8 and 4 weeks before
publication, 50% of the insertion price is charged. When
cancelling within 4 weeks before publication, the insertion
is charged for in full. A reservation for a cover or a special
placement is irrevocable.
14. Proof editions
14.1 Three copies of the publication in question are sent to
the Client free of charge on publication. For advertisements
smaller than ¼ page or for high-quality cards, only 1 free
proof edition is provided. Extra copies are charged for and
may be ordered with a discount of 25% off the official retail
price.
15. Advertising material
15.1. The Client is always responsible for creating printready advertising material digitally, unless agreed
otherwise. No agency commission is provided on
production costs, technical costs or costs for creating
advertisement statements.
15.2. Even if no purchase order was signed, presenting the
advertising material creates a binding order on the part
of the Client. This must occur at the latest on the date
provided on the website cs.sanomamedia.be and within the
terms and conditions provided there. In the absence of this,
the Client shall pay for the advertisement statement in full,
even if this has only partially been published.
15.3. The advertising material made available by the Client
is retained at its own risk for a maximum of 12 months.
15.4. In order to be legible, texts should have a minimum
font size of 8 point (semi-bold) in negative print. For fullbleed advertisements, a supplementary trim-edge of a
minimum 8 mm with weekly publications and 12 mm with
monthly publication must be provided on both edges that
run into the spine of the magazine.
16. Editorial form or political or social message
16.1. Advertisements delivered in editorial form (text section
of more than ¼ page) must differ in terms of design from
the editorial pages, and must bear the announcement
“Advertisement” in a font size of at least 12 point.
In no instance may they use the font and the layout of
the magazine in which the advertisement is published.
Advertisements with a political or social message must
always bear the announcement “Advertisement”. In all of
the abovementioned cases, the creation must be presented
to Sanoma for approval at the latest 6 weeks prior to
publication.
17. Preferential placement
17.1. A supplement must be paid for any preferential
placement. The preferential location requested by the
Client is not guaranteed and shall only be accepted subject
to availability, without any right to compensation for the
Client.
17.2. If the Client has undertaken to pay a price increase
in order to obtain a special placement, should its
advertisement instead appear in another location, it will
pay the price corresponding with the placement. This also
applies for the other options provided in the rates. All of
this is without any right to compensation for the Client.
Complaints regarding placements are only accepted if a
supplement for preferential placement was paid.
17.3. Preferential placements can only be approved for
formats smaller than a full page.
17.4. The following conditions apply for the monthly
publications Vitaya, Feeling, Gael, Feeling Wonen, Gael
Maison, Glam*It:
- The first ten placements are reserved for the formats that
occupy 1/1 and 2/1 page. A specific placement on the right
or left cannot be guaranteed for the first ten positions. A
supplement of 35% is charged for the first position, 12.5%
for the tenth position. Further detail in this regard can be
found on pages 83 to 84.
In the March, April, September and October editions,
Feeling, Gael and Glam*it, preferential priority is given to
advertisers from the fashion sector for the prima postas.
- In Feeling Wonen and Gael Maison which are published
in March, April. September and October, decoration
advertisers take priority for prima postas.
17.5. The following conditions apply for the weekly
publications, specials and other monthly publications
Femmes d’Aujourd’hui, Flair (Fr.), Flair (Vl.), Humo, Les
Suppléments de Femmes d’Aujourd’hui, Libelle, Libelle
Lifestyle Magazines, Libelle Mama!, Libelle Lekker!, Marie
Claire, Njam! Story, Moustique, Télé Pocket and TeVe-Blad:
- The first position is reserved for formats that occupy
a 1/1 and 2/1 page. A specific placement to the right or
left cannot be guaranteed for this first position. The
supplement charged for the first position is 20%.
17.6. A reserved order for a preferential placement cannot
be cancelled nor amended.
18. Cover advertisement reservations
18.1. For the monthly publications Feeling, Gael, Marie Claire,
Feeling Wonen, Gael Maison, top-10 advertisers have the
privilege to reserve covers. The Client must contact its
commercial manager at Sanoma in order to verify whether
its turnover for the magazine in which the Client wishes to
advertise comes in the top 10.
A top-10 advertiser has the right to purchase the
number of covers that are in proportion with its
market share. The number of sellable covers for each
magazine in one year represents the number of total
points. This total differs for each magazine through,
among other things, fluctuations in periodicity.
- After having contacted the top-10 clients who have
exercised their right to purchase, the non-reserved covers
are made available to the non-top-10 clients. To find out
about the covers available, the Client must contact its
contact person at Sanoma. A non-top-10 client may only
purchase one cover 2 or 4. An exception applies when
purchasing a third cover, since the purchase of a third cover
provides an additional right to purchase a second or 4th
cover if this is available.
Covers Feeling - Gael reserved for fashion advertisers: the
covers of the March, April, September and October editions
(publication at the end of February, end of March, end of
August and end of September) are the exclusive privilege of
fashion advertisers.
Covers Feeling Wonen - Gael Maison - Marie Claire reserved
for decoration advertisers: the covers of March, April,
September and October are the exclusive privilege of
decoration advertisers.
Reserving a creative formula does not provide any priority
over the normal rules for assigning covers. Should the
client wish to reserve a creative formula, such as a gate
fold, it shall first have to reserve the cover for which the
above rules apply.
18.2. For the weekly publications, specials and other
monthly publications, such as Vitaya, Femmes
d’Aujourd’hui, Flair (Fr.), Flair (Vl.), Humo, Les Suppléments
de Femmes d’Aujourd’hui, Libelle, Libelle Lifestyle
Magazines, Libelle Mama!, Libelle Lekker!, Story,
Moustique, Njam!, Télé Pocket and TeVe-Blad, there are no
applicable rules for the right to purchase covers. In other
words, the client that first takes the option shall be the first
to be able to exercise the option.
In contrast with the monthly publications, creative
formulas that imply a cover do indeed have a right on a
client that reserves a cover without special formula. This
applies in all cases, even if Sanoma has already received an
order for a cover.
19. Creative formulas
19.1. Should the creative formulas fail to correspond 100%
with the approved blanks, or if they are not delivered
in accordance with Sanoma’s conditions of delivery, all
additional costs that might result from this are invoiced
in full to the Client. Furthermore, no compensation
or remuneration whatsoever is owed by Sanoma if the
creative formula can consequently not be published as
anticipated.
19.2. Extra technical costs incurred by the late and/
or incorrect delivery are always borne by the Client.
19.3. Definitive agreement can only be provided after
presenting 20 blanks to the Sales Operations department of
Sanoma Media, at the latest 5 weeks prior to the publication
date.
19.4. The creative formulas must be delivered to the
address stated by Sanoma. Should the Client deliver to an
incorrect address, the extra transport costs are to be borne
by the Client.
20. Advertorial
20.1. Advertorials produced by Sanoma do not receive any
preferential placement and are not published on the cover.
Advertorials produced by Sanoma bear the announcement
‘Advertorial’ in a font size of at least 12 point.
20.2. Advertorials provided do not receive any preferential
placement and are not published on the cover.
Advertisements provided with a large text section of more
than 1/4 page and advertorials provided must bear the
announcement ‘Advertisement’ in a font of at least 12
point. It must be explicitly stated on the purchase order
that it involves an advertorial provided. Should this not
be the case, Sanoma is entitled to add the announcement
‘Advertisement’. The creation provided must be presented
to Sanoma for approval at the latest 6 weeks prior to
publication.
21. Options
21.1. The period indicated by Sanoma concerning validity
periods of options on customised formulas, covers and
prima postas apply for 2 weeks, if the period between the
day of taking the option and the publication date is less
than 3 months.
The options are valid for 4 weeks if the period between the
day of taking the option and the publication date is at least
3 months yet less than 6 months.
The options are valid for 6 weeks if the period between the
day of taking the option and the publication date is less
than 6 months.
21.2. The deadline for an option may never exceed the
normal closing date for reserving an advertisement. After
the validity period of the option has expired, the client is
notified and shall receive 7 calendar days’ time either to
cancel the option or to provide a signed order to Sanoma.
Any new reservation that was preceded by a cancellation
of an option shall only be accepted if the Client immediately
provides a signed order to Sanoma. Should the Client have
the first option right, it receives 48 hours’ time to exercise
the option, should Sanoma have another interested client.
22. Special price conditions
22.1. The price reductions permitted for combinations may
be revised at the start of each year, as well as with the rate
amendment of one of the publications. They are applicable
if the same advertisement appears in the period of one
month.
22.2. Promotions in any form whatsoever can in no
instance be combined.
22.3. In weekly publications, creative formulas on the cover
have priority over all other placements. This does not
apply for monthly publications. National inserts always
take priority over regional, even if the regional insert
was already confirmed. The placement of an advertising
insert in an editorial cannot lead to any complaint or
compensation.
22.4. Any discount or supplement is calculated at the basic
rate.
22.5. The supplement when mentioning several brands
is 15% for each extra brand, with a maximum of 30%. The
supplement is charged if another brand is mentioned in an
advertisement statement in the magazines for a certain
brand, in the form of a logo or photograph of the product
in question. The supplement is not charged (I) when
mentioning the prices to be won in an advertisement that
announces a competition, insofar as the price to be won is
mentioned in a simple manner by means of a logo, name or
photograph, and this being no greater than 10 cm2 (II) when
mentioning the sponsors of an event if the advertisement
comes from the organiser of the event or the exhibition. In
the event of doubt, the advertisement shall be presented
to Sanoma, which takes the final decision in this regard.
Should Sanoma notice on publication that the supplement
was owed, but was not reported on the order, the
supplement shall still be invoiced.
22.6. Should Sanoma has to comply with more than one
placement request when placing the advertisement, an
accumulated supplement of 10% shall be charged for each
specific placement request.
22.7. For consecutive pages, a supplement of 10% each time
shall be charged for every consecutive page.
22.8. The supplement for a coupon advertisement is 15%.
An order for a coupon advertisement must state that it
involves a coupon advertisement. The advertisement shall
appear on the left or right as desired, if this is explicitly
stated on the order.
SPECIFIC CONDITIONS FOR ONLINE ADVERTISING
23. Amendments
23.1. The Client is entitled to amend the planning of a
campaign up to at the latest ten (10) working days prior to
the start date initially anticipated. This amendment may
only entail a postponement of at the most three (3) months.
It shall not be possible to put forward not further postpone
the campaign, unless agreed otherwise and providing that
the costs resulting from this are settled. In order to amend
the planning, the Client is obliged to sign a new purchase
order in accordance with article 4.
23.2. An initial amendment of the planning shall occur free
of charge. In the event of a second or further amendment,
each time a re-planning amounting to thirty per cent (30%)
of the amount stated on the purchase order shall be owed.
24. Cancellation
24.1. The cancellation of a campaign is free of charge,
insofar as this occurs at the latest twenty (20) working
days prior to the anticipated start date. The cancellation
must occur in writing.
24.2. If the campaign is cancelled between twenty (20) and
ten (10) working days prior to the anticipated start date, the
Client is obliged to pay 50 per cent (50%) of the amount
stated on the invoice.
24.3. If the campaign is cancelled less than ten (10) working
days prior to the anticipated start date, the full amount
stated on the purchase order is owed.
24.4. Should the campaign be cancelled after the planning
of the campaign was amended in accordance with article
23, the Client is obliged to pay 50 per cent (50%) of the
amount stated on the purchase order, if should the
cancellation occur more than ten (10) working days prior
to the start of the campaign. The Client shall be obliged
to pay the full amount stated on the purchase order, if the
campaign is cancelled less than ten (10) working days prior
to the anticipated start date.
24.5. Irrespective of the time at which the campaign is
cancelled, Sanoma shall always be entitled to the costs
that it incurred in order to prepare the campaign (e.g.
creating special pages, creating logos, site layout, etc.),
charged to the Client.
25. Material provided
25.1. The material provided by the Client, of any nature
whatsoever (brands, photographs, visuals, texts, music,
etc.), must comply with the guidelines to be stated by
Sanoma. Should the material not correspond with this,
the Client shall implement the adjustments requested by
Sanoma as swiftly as possible.
25.2. All of the Client’s material must be provided to
Sanoma at the latest fifteen (15) working days prior to
the start date of the campaign, in accordance with the
aforementioned guidelines. In the absence of this, the
timeframes of the campaign shall have to be postponed.
25.3. All material provided by the Client must be free of any
harmful files (viruses, spyware, Trojan horses, malware,
etc.).
26. Creating the campaign
26.1. If Sanoma partially or wholly have to design and/
or develop the campaign, it shall always do this in
consultation with the Client.
26.2. Sanoma shall provide the Client with a design of the
campaign. The Client is obliged to provide Sanoma with
any comments within two (2) working days. In the absence
of this, the Client is deemed to have approved the design of
the campaign.
26.3. If the campaign is provided by the Client, Sanoma
shall verify whether this corresponds with the applicable
guidelines. Sanoma shall request the agreement of the
Client prior to implementing any amendments to the
campaign. The Client is obliged to provide any comments
in this regard within two (2) working days. In the absence
of this, the Client is deemed to have approved the design of
the campaign.
27. Availability of external website
27.1. Should the campaign refer to a webpage not hosted
by Sanoma, the Client must ensure that this webpage
is available at all times. Should this webpage not be
accessible or provide an error message, Sanoma shall
notify the Client of this as swiftly as possible and refer
to the homepage of the Client’s website, insofar as this
is available, up until the Client has confirmed in writing
that the original webpage is once again available, or has
reported another page.
27.2. If Sanoma has guaranteed a certain number of visitors
to the webpage in question, this obligation shall expire
should the webpage, whether temporarily and for any
reason whatsoever, be unavailable.