1.1 Outstanding Media B.V.: The private company with limited liability established at (Marterkoog 7C, 1822 BK Alkmaar), hereinafter referred to as "Outstanding Media".
1.2 Client: Any natural or legal person who concludes or negotiates an agreement with Outstanding Media.
1.3 Agreement: Any mutual acceptance, confirmed in writing, by telephone or e-mail, of delivery of one or more products or services by Outstanding Media to the Client.
1.4 Product: All work to be performed and produced by Outstanding Media for the Client, including but not limited to designs, concepts, advertisements and other materials.
1.5 Supplier: The person, firm or corporation that provides products and/or services to Outstanding Media.
1.6 Advertisement: A commercial or advertisement that the Client wishes to display according to an agreed placement schedule.
2.1 These general conditions apply to all legal relationships between Outstanding Media and the Client, including all work and services as stated in quotations.
2.2 Deviations from these general terms and conditions are valid only if expressly agreed in writing.
2.3 The applicability of general (purchase) conditions used by the Client is expressly rejected.
3.1 All quotations are entirely without obligation and expire after 30 days unless otherwise indicated.
3.2 An agreement is concluded as soon as the offer signed by the Client has been received and confirmed by Outstanding Media or as soon as execution has started with the consent of the Client.
3.3 All quoted prices are exclusive of VAT and other government levies.
4.1 Outstanding Media will execute the agreement to the best of its knowledge and ability in accordance with the requirements of good workmanship.
4.2 If and to the extent required for a proper execution of the agreement, Outstanding Media is entitled to have certain work performed by third parties.
5.1 The Client guarantees that all information provided to Outstanding Media is correct and complete.
5.2 The Client is responsible for the timely delivery of materials and information necessary for the execution of the agreement.
6.1 Payments must be made within 14 days of the invoice date, unless otherwise agreed.
6.2 If the Client fails to pay on time, he/she shall be in default by operation of law and shall be liable for statutory interest.
6.3 All judicial and extrajudicial collection costs shall be borne by the Client.
7.1 Cancellations must always be communicated to Outstanding Media in writing. If the agreement has already been confirmed to/by the Client, the Client will still owe the full amount to be cancelled. To this will be added any additional costs incurred.
8.1 Outstanding Media is not obliged to fulfill any obligation if it is prevented from doing so due to force majeure.
8.2 Force majeure means any circumstance beyond the control of Outstanding Media that permanently or temporarily prevents performance of the agreement.
9.1 Outstanding Media is not liable for indirect damages such as consequential damages, lost profits or damages due to business interruption.
9.2 Outstanding Media's liability is limited to the amount paid by the Client under the agreement.
10.1 All documents provided by Outstanding Media such as reports, advice, designs, concepts, software, etc. shall remain the property of Outstanding Media and may not be reproduced, disclosed or disclosed to third parties by the Client without the prior consent of Outstanding Media.
10.2 The Client is not allowed to make changes to the products delivered by Outstanding Media without Outstanding Media's written consent.
11.1 Both parties are obliged to keep confidential all confidential information obtained from each other or from other sources in the context of the agreement.
11.2 Information is considered confidential if it has been communicated by the other party or if it arises from the nature of the information.
12.1 All legal relationships to which Outstanding Media is a party are exclusively governed by Dutch law.
12.2 Disputes will be submitted exclusively to the competent court in the district where Outstanding Media is located.
13.1 Outstanding Media is entitled to amend these general terms and conditions. Amendments will take effect at the announced time.
13.2 Outstanding Media will send the amended conditions to the Client in a timely manner. If no time of entry into force has been communicated, amendments shall enter into force vis-à-vis the Client as soon as he has been notified of the amendment.
14.1 Outstanding Media is entitled to terminate the agreement with immediate effect if the Client is declared bankrupt, applies for a moratorium or ceases its activities.
14.2 Upon termination of the Agreement, the payments owed by the Client and the obligations of confidentiality and intellectual property shall remain in effect.
15.1 All (delivery) periods stated by Outstanding Media have been established to the best of Outstanding Media's knowledge based on the data known to Outstanding Media at the time the agreement was entered into and they will be observed as much as possible.
15.2 If there is a threat of the delivery date being exceeded, Outstanding Media will notify the Client as soon as possible.
16.1 Complaints about the delivered products or services must be reported in writing to Outstanding Media within 14 days after delivery.
17.1 Outstanding Media will take appropriate technical and organizational measures to secure the Client's personal data against loss or any form of unlawful processing.
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