These Advertisement Terms and Conditions apply to the provision of the advertisement services detailed in the quotation or invoice by European Chamber of Digital Commerce (“We”, “Us” or “Our”), a company registered in The Netherlands under number 40530763, whose registered office is at Beechavenue 54-62 Poortgebouw), Schiphol-Airport, 1119 PW to the person or business buying the advertisement services (you or “Advertiser”).
You are deemed to have accepted these Advertisement Terms and Conditions when you accept our quotation or pay our invoice or from the date of any performance of the services (whichever happens earlier) and these Advertisement Terms and Conditions and our quotation or invoice are the entire agreement between us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf.
“ECDC” shall refer to European Chamber of Digital Commerce and to each and any of the owners of web sites represented by ECDC; “Advertiser” shall refer to the Advertiser and its Advertising Agency or Agent, if there is one.
The Advertiser represents that it is the owner or is licensed to use the entire contents and subject matter contained in its advertising and collateral information, including: (a) the names and/or pictures of persons; (b) any copyrighted material, trademarks, and/or depiction of trademarked goods or services; (c) any testimonials or endorsements contained in any advertisement submitted to ECDC and published. In consideration of ECDC’s acceptance of such advertisements and information for publication, the advertiser and its agency will indemnify and save harmless ECDC against all loss, liability, damage and expense of any nature (including reasonable attorney’s fees) arising out of the copying, printing distribution or publishing of its advertisements.
Advertiser and its agency acknowledges that all copyright interests in the published or distributed material shall remain with ECDC. If the Advertiser possesses any preexisting copyright interests in the advertisements, it grants ECDC the right to use, reproduce and distribute the advertisements.
The Advertiser will, at its sole cost and expense, create and deliver all advertising materials required for any advertising materials according to technical specifications provided by ECDC. If the delivered advertising materials do not conform to ECDC’s technical specifications or do not arrive timely enough to deliver the ad on any agreed dates, then ECDC, in its sole discretion, may (a) reject such ad and refund any applicable amounts paid in advance; or (b) postpone running such ad.
ECDC does not give refunds for cancelled advertising or services. If payments are not timely made, ECDC at its option, may terminate or postpone its activities.
Publication of any advertisement material is subject to the copy being acceptable to ECDC and sufficient space being available in its media.
The Advertiser represents and warrants that no part of the ad, advertising materials or linked content will: (a) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (b) violate any law, statute, ordinance or regulation, including, without limitation, laws and regulations governing export control, false advertising or unfair competition; (c) be defamatory or libelous; (d) be pornographic or obscene; or (e) contain viruses or other similar harmful or deleterious programming routines. ECDC may reject or cancel an advertisement that we may consider to be contrary to these terms. We may also refuse to publish any advertisement if there are outstanding invoices that remain unpaid by the required deadline. The Advertiser may still be held liable for any outstanding charges.
ECDC shall not be held liable for errors in content or omissions. Should an error appear in an advertisement, ECDC’s liability will be limited to the cost of the advertisement (prorated for that portion of the schedule that has been completed). Under no circumstances will ECDC be liable for loss of income or profits or any consequential damages.
ECDC will not be liable for any delays in delivery and/or non-delivery in the event of a force majeure, action by any (semi-) government entity, transportation, strike, network difficulties, electronic malfunction, weather conditions, et cetera, or any condition beyond the control of ECDC affecting production or delivery in any manner.
No conditions other than those set forth herein shall be binding on ECDC unless specifically agreed to in writing by ECDC. ECDC will not be bound by conditions printed or appearing on order blanks or copy instructions submitted by or on behalf of the Advertiser.
Parties agree that they shall attempt to resolve any dispute arising from this Agreement through mediation using one mediator, appointed by the President of the Court of Arbitration of the European Chamber of Digital Commerce. If mediation is not successful, the dispute shall be exclusively and finally settled under the UNCITRAL Arbitration Rules by one arbitrator, appointed by the President of the Court of Arbitration of the European Chamber of Digital Commerce. The language to be used in the arbitral proceedings shall be English. This Agreement shall be governed by the UNIDROIT Principles of International Commercial Contracts (2016) and, with respect to issues not covered by such Principles, by generally accepted principles of international commercial law.