This page contains Dutch Powerhouse's standard terms and conditions in respect of all online media activities undertaken by it. Together with the agreement (contract), this document shall constitute the sole agreement between Dutch Powerhouse and you in respect of such agreement.

1. Definitions
The following definitions shall apply to this entire document and all contracts:
1.1 "us", "we", "our", "Dutch Powerhouse" means the Dutch Powerhouse Company, a Dutch company, having registration number 34326695 at the Dutch Chamber of Commerce, which shall have the address Admiralengracht 156-1, Amsterdam, The Netherlands.
1.2 "you", "your", "agency", "publisher", "clients(s)", means the company identified on the contract as the "Media Partner" entering into this agreement with us, having the registration number stipulated on the deal sheet as well as the address stipulated therein for all purposes in connection with this agreement below the heading, "Contact Details: Media Partner".
1.4 "contract" means the online media buying agreement entered into between you and Dutch Powerhouse in terms of the contract and these terms and conditions together and shall not under any circumstances include any prior correspondence whether oral, written or otherwise having gone between you and Dutch Powerhouse.
1.5 "banner" means a portion of a webpage dedicated to advertising/displaying the content; or e-mail containing the content; or hypertext link linked to the content (as the case may be), the type and specifications of such banner being stipulated in the contract under "Campaign Details".

2. Services
2.1 The start and end dates of the services to be provided by you in terms hereof are stipulated in the contract below the respective headings "Campaign: Start Date" and "Campaign: End Date".
2.2 The description entered on the deal sheet below the heading, "Campaign: Description of services" dictates the nature of the deal and the means by which you intend to deliver the services to us. Any delivery of services outside of the scope contemplated may, in our sole discretion, be ignored.
2.3 Any additional or special details in respect of the services to be delivered by you are stipulated below the heading: "Campaign: Additional Details".
2.4 Both parties shall have the right to request a technical report from the other party verifying any figures provided by one party to the other, pertaining to the delivery of the services hereunder. Such report shall be furnished by the one party to the other without delay and in any event no longer than seven (7) days after the request therefor has been made.

3. Payment
3.1 An invoice from Dutch Powerhouse to the client will be send after you have complied all obligations in terms of the deal.
3.2 The dates and the frequency of the payment to Dutch Powerhouse (where applicable) are stipulated in the contract below the heading, "Payment Details".
3.3 You must provide us with a receipt in respect of any payment made by us to you within seven (7) days of receipt of such payment. In the case of a contract requiring repeat payment, no further payments will be made to you until such time as we have received a receipt in respect of all previous payments.

4. Termination
4.1 Dutch Powerhouse reserves the right to cancel this contract at any time, with 24 hours notice. After a cancellation email, banner(s) will be removed and the campaign will be cancelled without further notice provided that, should one be necessary, a make-good will occur without undue delay.
4.2 You may also cancel this contract at any time, however if this is done before a month end the amount paid will be returned as a portion according to the remaining weeks in the month.

5. Warranties
5.1 We warrant that we are fully authorized to publish the banner(s) on the website(s) being stipulated in the contract under "Campaign Details; Location".
5.2 We warrant that the banner(s) does not violate the intellectual property rights of any third party whatsoever and originates from the client.
5.3 You warrant that if you provide the banner(s) hereunder does not violate the intellectual property rights of any third party whatsoever and originates from you.
5.4 You warrant thatto the extent that you make use of e-mail to third parties in delivering the services hereunder, you are in compliance with all relevant spam laws and have qualified all e-mail lists as containing potential recipients who have each opted to receive e-mails, of the nature that you intend to distribute, in accordance with the relevant laws.
5.5 The party providing the warranties above indemnifies and holds the other party harmless from and against any and all loss, liability, and expense (including reasonable attorneys' fees) suffered or incurred by reason of any claims, proceedings or suits based on or arising out of a breach of such warranties.

8. Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE PARTIES HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED. IN THE EVENT OF EITHER PARTY TO THIS AGREEMENT SUCCEEDING IN ANY CLAIM FOR DAMAGES AGAINST THE OTHER, IN NO EVENT WILL THE UNSUCCESSFUL PARTY BE LIABLE TO THE OTHER FOR DAMAGES IN EXCESS OF DOUBLE THE TOTAL AMOUNT ACTUALLY PAID HEREUNDER AT THE TIME THAT THE CAUSE OF ACTION IN RESPECT OF SUCH DAMAGES ARISES. SUCH LIMITATION OF DAMAGES SHALL APPLY AS A CUMULATIVE TOTAL TO BE PAID BY THE UNSUCCESSFUL PARTY IN RESPECT OF ALL DAMAGES CLAIMS BY AGAINST IT BY THE AGGRIEVED PARTY.

9. Confidential Information
9.1 Information that either party discloses to the other and that is marked "confidential", or which under the circumstances ought reasonably to be treated as confidential information (including this documentation), will be treated as confidential by the receiving party. 9.2 Neither party may issue any press release or make any public announcement(s) relating to the deal nor the relationship established by the deal without the express prior written consent of the other.

10. Arbitration and Governing Law
In the spirit of our cooperative approach to doing business, it's our belief that most disputes can be expediently and fairly resolved through the process of arbitration. Accordingly it is our belief that any dispute between us requiring external adjudication should be finally resolved through arbitration.
This Agreement shall be construed and controlled by the laws of The Netherlands and the European Union save that all disputes arising out of or in connection with the contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

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