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General Terms and Conditions for Subscriptions, Services and Registrations.

These General Terms & Conditions consist of four parts:

PART I : General provisions
PART II : Additional provisions for consumers
PART III : Additional provisions for business subscribers

PART I: GENERAL CONDITIONS

Article 1. Subscription types

All subscription types used by FD Mediagroep are further specified in Appendix 1.

  1. Offer
    Any offer with regard to a Subscription Agreement made by FD Mediagroep through publication in the Media;
  2. Subscriber
    The natural person or legal entity with whom FD Mediagroep enters into a Subscription Agreement, to whom FD Mediagroep provides a Service or with whom FD Mediagroep has a different legal relationship;
  3. Subscription Agreement
    Any agreement between FD Mediagroep and a Subscriber that gives the Subscriber the right to receive the agreed subscription (as specified in Article 1) during the agreement term, subject to payment of the applicable subscription rate. This includes – depending on the Subscription Agreement – the Service(s) that FD Mediagroep offers;
  4. General Terms & Conditions
     These General Conditions for Subscriptions, Services and Registrations;
  5. Dagblad
    The paper edition of Het Financieele Dagblad, including all supplements and special editions;
  6. Service
    All current and future electronic or digital services offered by FD Mediagroep whether or not they form part of a Subscription Agreement, such as, but not limited to, FD Mediagroep Websites including the mobile versions thereof and any webshops 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 the newspaper and the other media that it publishes), which are used by natural persons or legal entities or to which natural persons or legal entities are subscribed. Certain Services are only accessible to persons who have signed up for a Subscription Agreement;
  7. FD Mediagroep
    The 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., and FD Business B.V.;
  8. User
    The natural person who is exclusively entitled to the strictly personal use of the User Account assigned to him by the Subscriber;
  9. User Account
    The login details for a Service, consisting of a user name or email address and a password, which may be assigned by the Subscriber exclusively to one regular User;
  10. Media
    ll media published or to be published by FD Mediagroep, such as the Dagblad including all supplements and special editions, the Websites, magazines, radio and/or television programmes, podcasts, mobile applications, RSS feeds, epaper and other digital formats in which FD Mediagroep releases media;
  11. mijnFD
    The protected part of the Website;
  12. Quotation
    A personal offer that is made by FD Mediagroep specifically to an individual Subscriber ;
  13. Website
    The Website(s) managed by FD Mediagroep or its subsidiaries.

Article 3. General

  1. These General Terms & Conditions apply to all Offers, to all Subscription Agreements and to any use of the Services provided by FD Mediagroep.
  2. These General Terms & Conditions expressly do not apply to agreements to put an advertisement in any Media issued by FD Mediagroep.
  3. In addition to PART I of these General Terms & Conditions, PART II or PART III also apply depending on the type of Subscriber. In case of conflict between the different parts, the clauses in the special part (PART II and III) prevail over the general part (PART I). PART I is only partially applicable to PART IV, as indicated in PART IV. In the event of a conflict between the General Terms & Conditions and the Subscription Agreement, the Subscription Agreement prevails.
  4. By entering into the Subscription Agreement and/or using the Services, the Subscriber declares being aware of and agreeing to these General Terms & Conditions.
  5. Any General Terms & Conditions of the Subscriber are explicitly not applicable to the Subscription Agreement, the use of the Services nor the relationship between FD Mediagroep and the Subscriber.
  6. Without the prior written consent of FD Mediagroep, the Subscriber is not entitled to transfer his rights or obligations arising under the Subscription Agreement or arising from use of the Services to third parties.
  7. FD Mediagroep reserves the right to change these General Terms & Conditions unilaterally. A substantial change will be announced by FD Mediagroep in the Dagblad and on the Websites. Changes will take effect 30 days after this announcement.
  8. If any conflict arises between the Dutch and English text of these General Terms and Conditions the clauses in Dutch will prevail.

Article 4. Intellectual and industrial property rights

  1. All content and layout (including but not limited to: texts, photos, logos, drawings, other images, sound clips, audio, films, podcasts, data files, including the layout, and distinctive colour combinations, domain names) of the Media and the Services are vested with intellectual and/or industrial property rights. By entering into a Subscription Agreement or using the Services, the Subscriber does not acquire any such right in any way. The Subscriber also acknowledges this.
  2. Without the prior explicit and written permission of FD Mediagroep, it is not permitted to make public nor reproduce nor otherwise exploit (parts of) the Media, which is understood to include, but not be exclusively limited to: printing, copying, scanning or otherwise duplicating, modifying, editing, translating, archiving, indexing and/or classifying, renting out, lending, sublicensing or otherwise making available to third parties, reciting publicly, embedding or framing (in any way), nor to systematically gather information from (parts of) the Media using automated means (including but not limited to: crawling, spidering, phishing and/or hacking).
  3. With regard to the use of articles, pictures 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 or 15o of the Dutch Copyright Act (‘Auteurswet’), including, but not limited to, the use of content from FD Mediagroep for training generative artificial intelligence (AI) or other AI applications, FD Mediagroep explicitly reserves all rights and therefore this use requires prior written permission from FD Mediagroep. See also : https://fd.nl/copyright and https://fdmg.nl/wp-content/uploads/AV_Abonnementen.pdf
  4. A small part of the contents or some images of the Dagblad or the Websites may be photocopied by companies and institutions, provided a prior payment arrangement has been made with Stichting Reprorecht (<www.reprorecht.nl>). The use of articles in paper clippings is permitted provided 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 writing from FD Mediagroep in advance. A license will always be limited to certain types of use and FD Mediagroep will charge a fee for this.
  5. The occasional (deep) linking or referring in any other way to articles 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 website of the Subscriber. Use of the RSS feeds offered by FD Mediagroep on the Websites is permitted in advance. (Deep) linking to (parts of) the Media on a structural basis is only permitted after a license has been obtained in advance from FD Mediagroep in writing, against payment of an appropriate license fee.
  6. The Media uses various trade and brand names, logos and other signs, which are protected word marks or logos. These relate to trademarks of FD Mediagroep and its affiliates, as well as brands of third parties that FD Mediagroep may use on the basis of an agreement concluded with that party. Any use of these trade names, marks or similar symbols is strictly forbidden, without the prior written consent of the person(s) or entity entitled thereto.
  7. The Subscriber guarantees to FD Mediagroep that it or its User(s) will not breach intellectual and/or industrial property rights of FD Mediagroep. The Subscriber is fully liable for all damage that FD Mediagroep suffers as a result or in connection therewith and indemnifies FD Mediagroep against all damage that third parties suffer through any infringing act by the Subscriber or User(s). The damage suffered by FD Mediagroep is deemed to be at least equal to the license fee that FD Mediagroep stipulates or can stipulate from a party with whom it concludes a licensing agreement with regard to the intended use, over the period of wrongful use, plus all costs incurred by FD Mediagroep, including all legal costs.
  8. Insofar as the provisions of 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 can be regarded as third-party clauses as referred to in Book 6, Article 253 of the Dutch Civil Code.

Article 5. Investment information

  1. The shares, options and other stock market prices that are displayed in the Media, and by email or other messages to be sent automatically to the Subscriber, are provided by third parties and FD Mediagroep is not liable for inaccuracies in this information. Unless explicitly stated otherwise, stock market prices have been delayed in accordance with the conditions of the relevant stock exchange.
  2. FD Mediagroep draws to the attention of the Subscriber that investing involves capital risks. FD Mediagroep is not a broker/trader or registered investment advisor under the laws of The Netherlands, nor according to the law on stock exchange transactions of the United States, nor of any other jurisdiction, and does not give advice on the investment in, the purchase or sale of shares, securities, commodities, currencies or other financial products or services. None of the editorial content published in the Media is regarded as 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 6. Liability

  1.  FD Mediagroep strives to ensure that the information in the Media is current, complete and factually correct. However, the Subscriber accepts that inaccuracies or omissions cannot be completely excluded. 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 by the Subscriber of this information therefore remains entirely at the expense and own risk of the Subscriber.
  2. FD Mediagroep is not liable for information on third-party websites connected in any way with the Websites, for example by means of hyperlinks or meta tags. FD Mediagroep therefore cannot be held liable for damage that has been suffered or is being suffered by the Subscriber due to or in connection with the use (or inability to use) this information, in any way whatsoever. FD Mediagroep is also not liable for (the content of the) services and/or information of third parties that are offered in any way whatsoever via the Websites, for example but not limited to stock market prices. FD Mediagroep is not liable for statements or advice contained in the Media and originating from third parties, including but not limited to advertisements and other (commercial) expressions appearing in the Media of FD Mediagroep
  3. FD Mediagroep will strive to prevent delayed delivery or delayed renewal of Media, which is not (partly) due to force majeure, and if such delay nevertheless occurs, to remedy this as soon as possible.
  4. Damage must be reported immediately after its occurrence by the Subscriber to FD Mediagroep, to enable the latter to limit the damage and (have) carry out a proper expert investigation. If the Subscriber does not comply with the provisions set out in the Subscription Agreement, subsequent increases of the damage, including the costs of prevention, limitation and determination of the damage will not be eligible for compensation. Damage that has not been reported in writing by the Subscriber to FD Mediagroep within four (4) weeks after its discovery will not be reimbursed.

Article 7. Force majeure

  1. FD Mediagroep is not liable for damage suffered by the Subscriber in the event of force majeure, which includes, in the context of these General Terms & Conditions, cases where FD Mediagroep cannot or has not been able to meet its contractual obligations as a result of power failures, network failures, computer viruses, failure of servers, loss of Ip or other transits, hotspots, pandemics, evictions and evacuations in the company or the business environment of FD Mediagroep and strikes or other industrial actions by the personnel of FD Mediagroep, or its suppliers and distributors.
  2. If the period of force majeure lasts longer than one month, each of the parties is entitled to cancel the Subscription Agreement with immediate effect and without notice of default, however without any entitlement to claim damages from FD Mediagroep.
  3. In addition, during the period of force majeure, the parties are entitled to suspend their obligations under the Subscription Agreement (or where applicable: to suspend the Services) until the moment when performance of the obligations is reasonably considered possible again.

Article 8. Offers and subscription rates

  1. All Offers from FD Mediagroep that are aimed at a specific person or specific company are always one-off, without obligation and only valid during the period stated in the Offer. If no explicit deadline is mentioned, an Offer is valid for 14 days.
  2. Unless otherwise stated by FD Mediagroep, Offers can only be used if a Subscriber was not a Subscriber during the three-month period prior to his acceptance of this Offer.
  3. FD Mediagroep is entitled to unilaterally adjust the subscription rates annually based on, but not limited to, the Consumer Price Index figure (CPI) set by the Dutch Central Bureau of Statistics (CBS). Any planned increase in the subscription rates will be published in the Dagblad no later than one calendar month prior to coming into force as well as on the Websites; this increase only applies to new Subscription Agreements or renewed Subscription Agreements.
  4. The rates stated in Offers do not apply to Subscription Agreements that are already pending or to be renewed, unless FD Mediagroep expressly states otherwise in the Offer.

Article 9. Start date

  1. The Subscription Agreement is concluded in writing, by telephone or digitally, as soon as FD Mediagroep has confirmed the Subscription Agreement in writing or by email to the Subscriber. In the confirmation, the Subscriber is informed, inter alia, of the subscription rates, the duration of the Subscription Agreement, the possibility of obtaining information about the term of the subscription and how to submit complaints. The Subscription Agreement commences on the agreed start date. FD Mediagroep is entitled to refuse a request to enter into a Subscription Agreement without stating reasons.
  2. The provision 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 moment when delivery is possible.

Article 10. Payment

  1. Payment will be made in advance within 14 days of the invoice date and in the manner indicated in the Offer. If different payment methods are offered by FD Mediagroep, payment will take place in accordance with the payment method chosen by the Subscriber.
  2. Payments of invoices will in the first place be allocated towards any legal or extrajudicial costs, then allocated towards the interest still due and finally allocated toward the principal sum and the accrued interest, whereby payment will always be allocated to the oldest outstanding debt, regardless of the order or ranking that the Subscriber indicates in or with his payment.

Article 11. Address and delivery details

  1. The Subscriber will ensure that all information that FD Mediagroep has indicated as being necessary or which the Subscriber should reasonably understand as being necessary for the performance of the agreement, is provided to FD Mediagroep in a timely manner.
  2. The risk of the correctness and completeness of the information provided by the Subscriber is entirely at the expense and own risk of the Subscriber.
  3. Address changes must be forwarded to the FD Mediagroep subscription administration department no later than ten working days before the change takes place.
  4. FD Mediagroep may assume that the billing address provided as well as the delivery address are correct, until the Subscriber has communicated a new address in writing.
  5. The Subscriber must co-operate with the delivery service provided by FD Mediagroep, by ensuring there is a letterbox at the delivery address that meets the requirements as laid down in the 2009 Postregeling.
  6. If the Subscriber fails to comply fully or in time with an obligation arising from this article, or if the delivery address provided by the Subscriber is incorrect or the Subscriber’s mailbox does not meet the condition referred to in paragraph 5 of this article, FD Mediagroep is entitled to suspend the delivery of the Dagblad until the Subscriber has rectified this default. In that case, the Subscriber is not entitled to receive back copies of editions already published.

Article 12. Delivery and handover of the Dagblad

  1. FD Mediagroep will take the utmost care to ensure timely and correct delivery and delivery of the Dagblad.
  2. FD Mediagroep reserves the right to change the Dagblad at any time it wishes in terms of adding, replacing or substantially changing content, appearance, headings, specials and/or supplements, or changing the frequency of publication or ceasing publication, as well as changing the distribution method. FD Mediagroep also reserves the right to do anything not expressly described in the Subscription Agreement according to its own technical and creative insight.
  3. 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 concerning the delivery of the Dagblad. With respect to delivery, FD Mediagroep remains liable vis-à-vis the Subscriber, unless the Subscriber himself has engaged a third party for the delivery.
  4. The Dagblad is delivered to the Subscriber by or on behalf of FD Mediagroep from Monday to Saturday. No delivery takes place on Sundays and public holidays.
  5. The Subscriber is obliged at the time of delivery of the Dagblad, but in any case within 12 days to determine whether the newspaper has been delivered in good condition and in the correct quantity. The risk of loss or damage of the Dagblad is transferred to the Subscriber at the time when it is delivered at the delivery address by or on behalf of FD Mediagroep, at least at the time when the Dagblad was offered for delivery by or on behalf of FD Mediagroep, but delivery was not possible for reasons that are attributable to the Subscriber.
  6. Complaints about delivery can be reported to FD Mediagroep by telephone or via the Website in the manner stated in the Dagblad and on the Websites. Delivery times of the Dagblad mentioned in Offers, the Dagblad, on the Websites or elsewhere are always indicative and are therefore never binding deadlines. The Subscriber must give notice of default to FD Mediagroep in writing in the event of a consistent breach of a delivery time.
  7. It is not possible to take out a subscription with a delivery address outside the Netherlands.

Article 13. Services

  1. The Subscriber is responsible for the purchase and management of equipment, connections and software for reception and use of Services (such as computers, internet connection, tablets) and is aware that FD Mediagroep is partly dependent on the manufacturers and developers of that equipment and software. If a manufacturer or developer changes its conditions, guidelines or exploitation options for a particular medium significantly, or changes the equipment or software substantially, FD Mediagroep will endeavor to continue the provision of Services as much as possible. However, if this is not reasonably possible, or the costs are substantially increased, the Subscription Agreement can be partially cancelled by both parties in respect of the Service(s) affected by this, while the other Services are continued under the Subscription Agreement. Cancellation has no retroactive effect and FD Mediagroep will not owe any compensation due to this cancellation.
  2. Certain connections, such as data or internet connections, may be required for use of Services. The Subscriber must ensure he has a working connection and bears the costs of this.
  3. FD Mediagroep provides no guarantee whatsoever regarding unhindered use, absence of impediments, absence of infringement of the intellectual property rights of third parties, uninterrupted or unhindered access to the Services, nor any other guarantee that is not expressly included in these General Terms & Conditions.
  4. FD Mediagroep will maintain and secure the Services with care. However, it cannot guarantee that damage cannot be caused in any way whatsoever to equipment or software of the Subscriber. FD Mediagroep is not liable for such damage.
  5. The Subscriber or the User must refrain from any use of the Services that is unlawful or harmful to the interests of FD Mediagroep, the companies belonging to FD Mediagroep, suppliers, service providers or other users of the Services. In particular, the Subscriber will not use the Services in a way that could disable, overburden or impair the Services and all associated networks, or that could negatively affect the user experience of any user of the Services.
  6. FD Mediagroep reserves the right at any time it wishes for whatever reason, to change or suspend its Services, to add, replace, substantially change or cease certain features or functionalities, sections, services and/or suppliers.
  7. FD Mediagroep is entitled to carry out maintenance activities and to make changes to the manner of using and accessing the Services, including procedural and/or technical changes and/or changes to the provision of the Services, as well as changes to the content and external appearance of the Services.
  8. FD Mediagroep is entitled to deny the Subscriber or User access to Services with immediate effect and without 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 contrary to the provisions set out in the General Terms & Conditions, the law or to socially acceptable use.
  9. A User Account may be assigned by the Subscriber to only one User and only for strictly personal use. The User Account may not be shared with nor be transferred to a third party. The Subscriber remains at all times liable vis-à-vis FD Mediagroep for the User’s use of a User Account.

Article 14. Privacy

FD Mediagroep will treat personal data as referred to in the General Data Protection Regulation in a confidential manner in accordance with the Privacy Statement published on the Website. The Subscriber declares to have taken notice of the Privacy Statement.

Article 15. Confidential data

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

Article 16. Forum & governing law

The law of The Netherlands applies exclusively to every Subscription Agreement between FD Mediagroep and the Subscriber and every provision of Services. Any disputes ensuing from or related to the Subscription Agreement or the provision of Services will in the first instance be brought exclusively before the competent court in Amsterdam, unless imperative law prescribes otherwise.

Identity of FD Mediagroep

FD Mediagroep B.V.
Visiting address : Prins Bernhardplein 173, 1097 BL Amsterdam
Postal address : PO Box 216, 1000 AE Amsterdam, The Netherlands
General telephone number : ++31 (0)20-5928888

Customer service contact

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
The General Terms & Conditions Subscriptions, Services and Registrations of FD Mediagroep are also available at www.fdmg.nl, www.fd.nl, www.energeia.nl, www.esb.nu, www.pensioenpro.fd.nl, & https://impact-investor.com/

 

PART II: ADDITIONAL PROVISIONS FOR CONSUMERS

The term ‘consumer’ is defined as: 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:

  1. The Subscription Agreement is entered into for the agreed term, but at most for two (2) years. If the agreement is entered into for the duration of more than one (1) year, then the Subscriber has the right to cancel the Subscription Agreement after one (1) year at any time with a notice period of one month. A Subscription Agreement is tacitly renewed on reaching its expiry date for an indefinite period of time, at the currently prevailing subscription rate. The Subscriber can cancel the renewed Subscription Agreement at any time with a notice period of (ne (1) month. FD Mediagroep can cancel a subscription any time, provided that it gives a one (1) month notice.
  2. For renewed Subscription Agreements, FD Mediagroep invoices in advance and on the basis of the duration of the initial agreement, at the subscription rate applicable at the time of renewal.
  3. 3. Notice is given in writing, by email, by telephone, or in the same manner in which the Subscription Agreement was concluded. If a renewed Subscription Agreement is cancelled, FD Mediagroep will refund the excess paid by the Subscriber. FD Mediagroep then charges the subscription rate
    applicable for the period in which the renewed Subscription Agreement was in force (to avoid ambiguity: for example, in the context of a renewed Subscription Agreement paid in advance based on the price of an annual subscription, FD Mediagroep charges the price for a monthly subscription if the Subscriber cancels the renewed subscription within one month. If the Subscriber cancels after a quarter, FD Mediagroep charges the rate for a quarterly subscription, etc.). The amount owed is then deducted by FD Mediagroep from the amount to be refunded.
  4. In the event that one of the parties fails to comply with the obligations under the Subscription Agreement or does not comply with the obligations on time or in full, the other party will be entitled to dissolve the Subscription Agreement extrajudicially, after having served notice and
    subject to a reasonable period for performance.
  5. 5. If the Subscriber dies, the Subscription Agreement is deemed to have ended at the time when the death of this person was notified to FD Mediagroep in writing. The subscription fee for the unexpired subscription period at the time of said notification will only be reimbursed if the amount exceeds €15.
  6. If FD Mediagroep has stated in the Offer that there is a trial subscription, then the Subscription Agreement ends when the agreed period expires by operation of the law.
  7. If the Subscriber is in default, he will owe late payment interest to FD Mediagroep at the statutory interest rate on outstanding amounts, without further summons or notice of default. The interest on the amount due will be calculated from the moment of default until full settlement of the amount owed.
  8. The subscription rates stated by FD Mediagroep include VAT and – if applicable – include delivery of the Dagblad to the Subscriber’s address within The Netherlands, unless explicitly stated otherwise.
  9. The right to make use of the Services, as offered under various Subscription Agreements, and to make use of the information contained therein is limited to the Subscriber personally and may not be transferred, given in use, rented out or otherwise relinquished to third parties or shared with third parties. If the Subscriber acts contrary to the provisions of this article, he forfeits 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 SUBSCRIPTIONS

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

  1. Where in PART III reference is made to ‘User’, this means: the natural person who – whether or not in the employment of the Subscriber – as a staff member or an employee of the Subscriber is authorised by the Subscriber to make use of the Subscription Agreement and, if applicable, to make use of a User Account.
  2. If a different period is not explicitly stipulated in an Offer, the Subscription Agreement will run for a period of two (2) years, after which the Subscription Agreement will each time be tacitly renewed for one (1) year. The Subscription Agreement can be cancelled in writing three (3) months before the end of the current period by registered mail, but cannot be cancelled early by Subscriber.
  3. If the Subscriber is in default in the fulfilment of 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 default interest to FD Mediagroep without further notice or notice of default on outstanding amounts, in the amount of statutory commercial interest plus 2 percent. The interest on the amount due will be calculated from the moment of default until full settlement of the amount owed.
  4. FD Mediagroep is only liable for direct damage suffered by the Subscriber or the User, arising as a result of a shortcoming in the fulfilment of any obligation under the Subscription Agreement, understood to be only replacement compensation, the reasonable costs incurred to prevent or limit such damage, the reasonable costs to determine such damage, as well as reasonable costs to obtain payment out of court. The liability of FD Mediagroep 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 consequential loss, loss of turnover and/or loss of profit, missed savings, lost investment opportunities, investment losses, damage due to business stagnation, reduced goodwill in the company, claims by third parties and financial loss not being property damage or physical injury.
  5. The subscription rates stated by FD Mediagroep are exclusive of VAT and – if applicable – include delivery of the Dagblad to the address of the Subscriber in The Netherlands, unless expressly stated otherwise.
  6. FD Mediagroep can cancel the Subscription Agreement in writing at any time with due observance of a notice period of one month without being obliged to pay any compensation.
  7. Without prejudice to the powers that FD Mediagroep is entitled to by virtue of the law and without being obliged to pay any compensation, FD Mediagroep is entitled to dissolve a Subscription Agreement or the provision of Services with immediate effect, and without prejudice to the right to claim a refund of amounts already paid and/or compensation, without judicial intervention if:a. The Subscriber, even after notice of default (if required), fails to comply with his obligations under the Subscription Agreement;
    b. Subscriber is placed under guardianship;
    c. The Subscriber applies for or obtains a bankruptcy order or a debt rescheduling or a circumstance takes place that is comparable to one of the aforementioned events or conditions;
    d. A change in circumstances occurs that no longer warrants preservation of the Subscription Agreement.
  8. If the relationship and/or the Subscription Agreement between FD Mediagroep and the Subscriber is cancelled, for whatever reason or on any grounds whatsoever, all claims of FD Mediagroep against the Subscriber are immediately claimable and the Subscriber will pay all outstanding debts to FD Mediagroep, failing which the Subscriber will be held liable.
  9. Upon cancellation of the Subscription Agreement for any reason or on any grounds whatsoever, all provisions of the General Terms & Conditions regarding confidentiality and intellectual and industrial property will remain in force.
  10. The Subscriber waives all rights to cancellation and dissolution of the Subscription Agreement, unless there are mandatory legal provisions to the contrary.
  11. If a Subscription Agreement is entered into 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.
  12.  The right to make use of the Services, as offered under various Subscription Agreements, and to make use of the information contained therein is reserved and limited to the number of Users agreed with Subscriber and cannot be and may not be transferred, given in use, rented out or otherwise relinquished to third parties or shared with third parties. The Subscriber guarantees to FD Mediagroep that no other employees or workers of the Subscriber other than the Users will use the Services as agreed under the Subscription Agreement nor have access to the User Account nor have access to the Services via the User Account. Log-in accounts are strictly personal and must be in the name of the User, whereby the login name must be the business email address of the User. Therefore, the login name for User Accounts should not be general email addresses, such as departmental email addresses. If a department wishes to have full access to one or more of the Services, this is not possible with one User Account; in this case, it is necessary to obtain a license under which a User Account is provided for each employee. The login details for a User Account may not be shared with others; only the User may use the login details data to gain access to the Services.
  13. The Subscriber will take adequate measures to prevent unauthorised use by the User(s). If the Subscriber acts contrary to the provisions in this article, he forfeits an immediately due and non-refundable penalty of € 5,000, without prejudice to the right of FD Mediagroep to demand full compensation. If the Subscriber infringes any of the provisions of this article, FD Mediagroep is entitled to suspend its obligations under the Subscription Agreement without further notice. The Subscriber may only assign a User Account to another User after prior permission in writing from FD Mediagroep, which permission FD Mediagroep will not unreasonably withhold from the Subscriber.
  14. On request, FD Mediagroep allows Subscriber to provide its Users access to the content through a Single Sign On-tool (SSO). For that, Subscriber will provide FD Mediagroep with the first name, surname and email address of the User. Subscriber will only provide these data of its employees and, as far as the email address is concerned, only the professional email address. Subscriber is responsible for the correctness of these data. The use of any SSO-tool is the own responsibility of the Subscriber and FD Mediagroep is not in any way liable for the damage this use may cause.
  15. If desired, FD Mediagroep will provide the Subscriber with aggregated usage data of the Services, but not in such a way that this use can in any way be traced back to an individual User or a small group of Users.
  16. The Subscriber agrees on behalf of Users that FD Mediagroep sends administrative emails (not being commercial communications) to the User for the purpose of activating the User and increasing the User’s commitment.
  17. Complaints other than the delivery of the Dagblad must be submitted in writing (at the postal address stated in the colophon of the Dagblad) or by telephone by the Subscriber within eight (8) days after discovery of the defect in question. This is a binding deadline; when it expires, the right to complain expires. The Subscriber is not entitled to suspend the payment obligations arising from the Subscription Agreement in connection with any complaint.
  18. If the number of Users increases during the Subscription Agreement, the Subscription Agreement and the fee will be increased in accordance with the number of ‘new users’.
  19. Any claims that the parties have against each other according to the automated accounting system of FD Mediagroep, will not be set off against each other.

PART IV: DELIVERY OF PRODUCTS

The term ‘Product’ is herein defined as: the physical item, not being a subscription to Media or subject of a Subscription Agreement, that FD Mediagroep in the context of a purchase agreement (hereinafter: ‘Purchase Agreement’) delivers to a Customer (hereinafter: ‘Customer’).

The following provisions apply to the delivery of Products in the context of a Purchase Agreement:

Article 1. Applicability

  1. PART IV applies to both the business Customer and the consumer Customer.
  2. Additionally, only articles 2, 3.4-3.7, 4.7, 7, 14 and 16 of PART I apply by analogy. For the Customer who acts in the exercise of a profession or business, article 4 of PART III also applies mutatis mutandis.
  3. Part IV of these General Terms & Conditions applies to all offers relating to Purchase Agreements and to all Purchase Agreements (regardless of whether they include a distance agreement as referred to in Book 6, Article 230g Dutch Civil Code) between FD Mediagroep and a Customer.

Article 2. The offer, prices and payment

  1. If the offer of a Product has a different or limited validity period or is made under additional Conditions, this will be explicitly stated in the offer.
  2. FD is at all times entitled to change its prices on the understanding that FD Mediagroep is not entitled to change the price of a Product after the conclusion of a Purchase Agreement.
  3. The price owed by the Customer must be paid at the time of the purchase, unless otherwise agreed in the Purchase Agreement. If the Customer has not paid the price owed or not paid it in time or not paid it in full, the Customer is immediately in default from the moment when the full price had to be paid, whereby the business Customer thereby immediately owes the extrajudicial and judicial costs incurred by FD Mediagroep.

Article 3. Cooling-off period

  1. For fourteen days after receipt of the Products by or on behalf of the Customer, the Customer has the right to cancel the Purchase Agreement without giving any reason, accompanied by return of the Products. The costs for returning the Product are at the expense of the Customer. FD Mediagroep will refund the price paid by the Customer as quickly as possible and will in any event refund the amount to the Customer within 30 days.
  2. The Customer is obliged during this period to exercise all due care with respect to the Product and the packaging. The Customer is permitted to open the packaging to the extent necessary to assess the Product.
  3. If the Customer returns the Product on the basis of this article, he will return the Product with all accessories and materials supplied and as far as reasonably possible in the original condition.
  4. This cooling-down right and the remainder of this article do not apply to Products that have been manufactured in accordance with the specifications of the Customer, Products that are clearly personal in nature, Products that cannot be returned due to their nature, can quickly spoil or become obsolete, newspapers, magazines or audio and video recordings and computer software, if the Customer has broken the seal.
  5. With regard to the Customer who acts in the exercise of a business or profession this article 4 does not apply, and any case PART III takes precedence over the provisions of this article.

Article 4. Guarantee and conformity

  1. FD Mediagroep guarantees that the Products comply with the Purchase Agreement for one year (unless the nature of the Product conflicts with this), the specifications stated with the Product, and the requirements that can reasonably be set for such Products under normal use.
  2. The guarantee scheme offered by FD Mediagroep has no effect on the other rights and claims that the Customer can enforce against FD Mediagroep in respect of a shortcoming in the fulfilment of the obligations of FD Mediagroep on the basis of the law.
  3. The Customer can no longer rely on the rights referred to in this article if he does not notify FD Mediagroep of the complaint within a reasonable time after discovering the alleged shortcoming, whereby notification within a period of two months after discovery of the shortcoming is considered timely.

Article 5. Delivery

  1. The address of delivery stated by the Customer is the place of delivery.
  2. Delivery of Products takes place within 30 days after conclusion of the Purchase Agreement, unless expressly agreed otherwise. This is the case if a longer delivery period is stated at the time when the Product is offered. If delivery is delayed or cannot be fully fulfilled, the Customer will be informed of this as soon as possible.
  3. If as a result of a delay referred to in paragraph 2 the delivery period exceeds 30 days and no agreement on a longer deadline has been reached, the Customer is entitled to cancel the Purchase Agreement free-of-charge together with immediate reimbursement by FD Mediagroep (but within 30 days at the latest) of amounts already paid by the Customer.
  4. Until the moment of delivery, the risk (for damage and/or loss) of the product lies with FD Mediagroep.

Article 6. Third Parties

  1. FD Mediagroep is entitled to make use of third parties in the performance of the Purchase Agreement.
  2. These third parties can take care of the handling, payment and/or delivery, without prejudice to the liability for correct fulfilment on the part of FD Mediagroep vis-à-vis the Custom

 

APPENDIX 1 Subscription types

Free FDMG account, an FMDG granted access to FD and/or one of the other FMDG-content publications in combination with a subscription

The types of subscriptions offered by FD Mediagroep respectively offer the following specifications/Services:

  1. ‘FD light’
    a. Limited access to the Website, App and MijnFD;
    b. Daily newsletters,
  2. ‘FD Weekend’ consisting of:
    a. Limited access to the Website, App and MijnFD;
    b. The Saturday newspaper FD Weekend including FD personally delivered to each user;
    c. 5 years digital web archive available on the protected part of the Website;
    d. Daily newslettes,
  3. ‘FD Digitaal’:
    a. Unlimited access to the Website, App and MijnFD;
    b. The ‘e-paper’ via the Website, App and via tablets*;
    c. The archive of the newspaper dating up to 5 years back.
  4. ‘FD Digitaal+’ consisting of FD Weekend supplemented with:
    a. Unlimited access to the Website, App and MijnFD;
    b. The ‘e-paper’ via the Website, App and via tablets*;
    c. The archive of the newspaper dating up to 5 years back.
  5. ‘FD Krant’ consisting of:
    a. The daily newspaper (6 times a week) delivered to each User;
  6. ‘FD Totaal’ consisting of FD Digitaal+ supplemented with:
    a. The daily newspaper (5 times a week) delivered to each User;
  7. ‘FD Professional’ and ‘FD Zakelijk’ consisting of FD Digitaal+ supplemented with:
    a. The archive of the daily newspaper from 1985.
  8. ‘Pensioen Pro’ consisting of:
    a. Access to the Website pensioenpro.nl;
    b. Daily and weekly newsletters
    c. A number of times per year Pension Pro magazine delivered at home;
    d. The online archive of the editions of Pensioen Pro Magazine from 2009
    e. Yearbook institutional asset management
  9. ‘Energeia Energienieuws’ consisting of:
    a. Access to the Website energeia.nl;
    b. Daily newsletter.
  10. Impact-Investor
    a. Online access to Impact-Investor and all article
    b. Weekly newsletter.

* the term ‘tablets’ in these General Terms & Conditions is understood to mean the following: common tablet computers that can display and run applications of FD Mediagroep, regardless of the operating system (e.g. iOS, Android, WebOS).
** FD Light also contains FD registratie