| Company address |
| Contact forms |
| Mission |
| Values |
| Providers |
| Media |
| Newsletters |
| Web Design |
| General |
| Strength of advertising on TUR |
| Monthly advertising |
| Examples and formats |
| Brochure (pdf) |
| Privacy policy |
| Editorial policy |
| Terms of use |
| Job opportunities |
| Advertising Terms & Conditions |
1. Definitions 1.1. Customer: a natural or legal person who enters into an agreement with TUR.1.2. General terms and conditions: these general terms and conditions of sale and delivery of TUR b.v. 1.3. TUR: the company that declares these general terms and conditions to be applicable to the agreement – TUR b.v. or any other company which is part of TUR b.v. 1.4. Services: the services which TUR provides to the customer pursuant to the agreement. These services shall at any rate be deemed to include the offer of advertising space on a website, the insertion of links to websites on a website, the offer of an opportunity to sponsor or be involved in a website or part thereof. 1.5. Agreement: any agreement concluded by TUR and the customer for the provision of services. 1.6. Party: any party to the agreement. 1.7. Privacy statement: a privacy statement drawn up by TUR, which is available on the website. 1.8. Website: a website offered by TUR. 2. Application of these general terms and conditions 2.1. These general terms and conditions shall apply to the offer and provision of services by TUR and shall constitute an integral part of the agreement entered into by TUR and the customer.2.2. TUR shall be entitled to amend these general terms and conditions unilaterally. The customer shall receive timely notice in writing of any amendment of these general terms and conditions. An amendment of these general terms and conditions shall apply to any existing agreement. By continuing to procure services following the amendment of these general terms and conditions, the customer shall be deemed to have assented to such amendment. 2.3. It shall only be permissible to deviate from these general terms and conditions or one or more of the provisions thereof pursuant to a written agreement entered into by TUR and the customer. 3. Conclusion of agreement 3.1. An agreement shall be concluded when TUR provides written confirmation of a verbal or written order placed by the customer, or if the latter accepts in writing a written offer made by TUR.3.2. Any agreement shall be entered into subject to the condition precedent that adequate services are available and that TUR accepts the customer. 3.3. If so requested by the customer, TUR may provide a written quotation for the provision of services. This quotation shall be valid for the term stipulated in it. In the event that no term is specified in a quotation, the latter shall be valid for a period of thirty (30) days. 3.4. Any statement made by TUR in relation to the services on a website or otherwise, shall be deemed to be an offer free of obligation, and shall be subject to amendment and availability. 4. Fees and payment 4.1. The customer shall pay the fees stipulated in the agreement for the services which TUR provides, and shall do so in the manner provided for in that agreement. The parties shall be entitled to agree that all the fees payable for the provision of the services shall be paid in advance. The customer must submit to TUR the fees for the amount specified in the Advertising Order and before the specified due date. In the event of any failure by Customer to make timely payment, the Advertising Order will be suspended until payment is received and the Customer will be responsible for all reasonable expenses (including attorneys' fees) incurred by TUR in collecting such amounts.4.2. All fees referred to in the agreement shall be stated exclusive of Dutch VAT. 4.3. In the event of late payment TUR shall be entitled (a) to suspend the provision of the services without the need to give notice of this or of default, and (b) to charge the legally permissible interest plus three percent (3%) over the entire amount that is due, as of the date on which payment should have been made, until that on which TUR receives the sum it is owed, including the costs of legal aid, legal proceedings and extra judicial expenses, which costs shall amount to no less than fifteen per cent (15%) of the amount owed, subject to a minimum of €150.00. 4.4. Contrary to the provisions of Article 4.3, the parties shall be entitled to agree that the customer shall pay any amount he owes, by means of a direct debit facility subject to conditions referred to in the agreement. 4.5 All prices at the time of sale will be honoured throughout the duration of the Advertising Order and the dates specified within it. However, TUR reserves the right to change future prices without prior notice. 5. Duties of TUR 5.1. TUR undertakes to offer the services subject to the provisions of the agreement, and to execute what is agreed in such agreement, to the best of its ability.5.2. TUR reserves the right to suspend all or part of the services it provides to the customer, in the event that the latter fails to fulfil any of his duties pursuant to the agreement. 5.3. TUR undertakes to offer and provide the services without any warranty of uninterrupted availability, security, suitability, the absence of viruses, reliability or otherwise. 5.4. The agreed date on which the services are to commence, shall be a target. TUR reserves the right to postpone the provision of the services on the grounds of unforeseen circumstances, which shall include and shall not be confined to any of a technical nature. In the event that TUR postpones the date of commencement, the only compensation available to the customer shall consist in TUR providing the services for a period equal to the agreed term or to the provision of replacement services to the customer, such in proper consultation with the latter. 5.5. TUR reserves the right to refuse ads that are: a. of a sexual or violent nature or that may be deemed to perpetuate sexual or racial stereotypes; b. fraudulent or criminal in nature; c. contrary to the individual laws of the country in which they are to be posted; d. deemed by us to be lacking in usefulness to our users. e. determined to be spam. 5.6 TUR reserves the right to be the final judge of what is considered appropriate. 6. Duties and limitations on the part of the customer 6.1. The customer shall obtain the services subject to the provisions of the agreement.6.2. In the event that the customer notifies TUR of any defects in the services, the latter undertakes to do all in its power to remedy such defect as soon as possible. 6.3. The customer shall not be permitted to use the services contrary to the provisions of the agreement, these general terms and conditions, the relevant, applicable provisions of the law, the Nederlandse Reclame Code [Netherlands Advertising Code], and a duty of care which accords with generally applicable standards. 6.4. Amongst other things, the customer shall not be permitted to use the services for the following: a. the duplication and/or publication and/or modification of software or other materials where such duplication and/or publication and/or modification infringes on the rights of any third party, including intellectual property rights; b. to make unlawful statements; c. to approach people in a nuisance-like manner, to threaten them or to inconvenience them in any other way; d. to transmit large quantities of e-mail messages (including spam) to any third party for commercial purposes or otherwise; e. to transmit e-mail messages or to upload files which contain viruses or similar software applications, which may damage the services offered by TUR, the Internet, or the computers and/or software of any third party; f. to assume a false identity; g. to restrict the ability of any third party to make use of the services offered by TUR and/or the Internet. 6.5. The customer shall himself be responsible for ensuring that he has and will continue to have any software, hardware (including peripheral equipment) and/or connections (to the Internet or otherwise) which is or are required in order to use the services. 6.6. In so far as the services pertain to the placement of advertisements and/or links, the customer shall acknowledge that he assumes full liability for the content of such advertisements and links and/or that of the web sites to which these advertisements and links refer. The customer shall indemnify TUR against any liability in respect of a third party in relation to the content of these advertisements and links and/or that of the web sites to which these advertisements and links refer. 6.6 The customer understands that all ads on the TUR website are placed on a first come first received manner. 7. Privacy 7.1 TUR undertakes to offer the services and to deal with the customer's details in accordance with its privacy statement . The customer shall assent to TUR dealing with his personal details in accordance with its privacy statement.8. Term, termination and cancellation 8.1. The agreement entered into by TUR and the customer shall be concluded for the term stipulated in it. In the event that no term is agreed, the agreement shall be concluded for a term of one (1) month.8.2. TUR shall be entitled to cancel the agreement in writing with immediate effect and without citing any reasons for doing so in the event that (a) TUR deems that the customer is not creditworthy, and/or (b) if the customer fails to fulfil any of his duties pursuant to the agreement or to do so entirely. 9. Intellectual property 9.1. The intellectual property rights to all the services which TUR provides or makes available pursuant to the agreement, shall continue to vest in TUR or its licensers. In so far as may be required for the customer to use the services, TUR shall grant the customer a limited, non-exclusive, non-transferable license to use the intellectual property rights to the services.9.2. Any intellectual property rights to materials and information which the customer provides to TUR for the purposes of the agreement, shall continue to vest in the customer or his licensers. In so far as may be required for the customer to use the services, TUR shall grant the customer a limited, non-exclusive, non-transferable license to use these intellectual property rights. The customer shall indemnify TUR against any liability in respect of a third party and any claim made by such party pursuant thereto, which pertains to the use by TUR of any materials and information provided to it by the customer and the intellectual property rights to it. 10. Miscellaneous 10.1. The contents of the agreement and these general terms and conditions shall together govern the legal relationship between the parties and shall replace all previous agreements entered into by the parties in respect of the subject of the agreement.10.2. TUR shall be entitled to assign its rights and duties pursuant to the agreement to a third party without the customer's prior written permission. TUR undertakes to notify the customer in writing of any such assignment of these rights and duties. 11. Governing law and competent court of law 11.1. This agreement, these general terms and conditions and/or the provision of the services shall be governed by and construed in accordance with the law of the Netherlands.11.2. Any dispute arising pursuant to the agreement, these general terms and conditions and/or the provision of the services, shall be brought before a competent court of law in Amsterdam, the Netherlands, in the event that TUR and the customer are unable to settle such dispute amicably. |