General Terms and Conditions
Retriever Media Informatie B.V.
These General Terms and Conditions apply to all offers and agreements regarding the delivery of services or products by Retriever Media Informatie B.V. Any deviations or supplements to these General Terms and Conditions are only valid if explicitly accepted in writing by Retriever Media Informatie B.V. The applicability of the buying or other conditions of the customer is expressly rejected.
The following are referred to in these General Terms and Conditions:
- RMI: Retriever Media Informatie B.V., with head offices in Amsterdam;
- Retriever Database: the online database operated by RMI, with advertising and editorial data from all media in the Netherlands;
- Subscriber: a natural or legal person/entity who has concluded a User Agreement with RMI;
- Trial Subscriber: a natural or legal person/entity who has concluded a trial subscription (Demo) with RMI, and who may temporarily try out certain services from RMI on the basis of this;
- User Agreement: the agreement between the Subscriber and RMI, on the basis of which the Subscriber has access to and can make use of the Retriever Database or a part thereof against payment and in accordance with the conditions in these General Terms and Conditions.
3. User Agreement
3.1. All intellectual property rights to or in connection with the Retriever Database and its associated software belong to RMI and/or its licensors.
3.2. For the duration of the User Agreement, RMI provides the Subscriber with the non-transferable right to use the Retriever Database or any part thereof. The user rights of the Subscriber solely include the normal use of the Retriever Database within the technical possibilities provided by RMI.
3.3. The Retriever Database may only be used for the private business or professional activities of the Subscriber, but never in a manner that leads or could lead to any form of exploitation – whether commercial or not – of the Retriever Database or any parts thereof by the Subscriber or a third party. The Subscriber is not permitted to provide or make available, in any matter whatsoever, the Retriever Database or licence or user rights thereto or any (other) rights that arise from the User Agreement, in any form whatsoever, to any third party or to (directly or indirectly) make use of them in any joint venture without the prior written agreement of RMI.
3.4. If a department or section of the company of the Subscriber is named in the User Agreement, the user rights of the Subscriber will be limited to this department or section.
3.5. The user rights are granted under the condition of full and timely payment of the agreed fees by the Subscriber.
3.6. The Subscriber is expressly not permitted:
- to make or attempt to carry out changes to the Retriever Database;
- to use technical means to circumvent restrictions in the Retriever Database and its associated software;
- to make any other use of the Retriever Database or to perform any actions other than those expressly permitted in these General Terms and Conditions.
If a Subscriber wishes to use the Retriever Database in any way other than those described in these General Terms and Conditions, he/she must first make contact with RMI.
3.7. If the Retriever Database is used outside the framework of what is expressly permitted in these General Terms and Conditions without the written agreement of RMI, the latter can choose to require the Subscriber to pay the compensation that is normally charged by RMI for this use, or to take action against such use as a breach of contract and a breach of intellectual property, with all the associated legal consequences, including full compensation for damages.
4. Trial subscription (Demo)
4.1. RMI grants the Trial Subscriber the right to make limited use of the Retriever Database for one week, and to thereby try out the services of RMI. The user rights of a Trial Subscriber only include normal use within the limited technical possibilities that RMI thereby offers to the Trial Subscriber in question. This means that, among other things, the number of search results per search query is limited in number, and that the total number of search results that can be obtained can be limited during the trial subscription.
4.2. If the Trial Subscriber uses the Retriever Database contrary to the restrictions of the trial subscription without the written agreement of RMI (as described in more detail in Article 4.1), the provisions of Article 3.7 will apply.
4.3. The provisions of these General Terms and Conditions, with the exception of Article 3.2, shall also apply to the Trial Subscriber, except that where “Subscriber” is stated, “Trial Subscriber” should be read.
4.4. RMI reserves the right at its sole discretion to refuse to provide trial subscriptions and subscriptions without stating a reason, whereby the applicant will be informed as soon as possible.
5. Term, Termination and Suspension
5.1. A User Agreement has a term of one year, unless otherwise agreed in writing.
5.2. At the end of the contract period, the User Agreement will be automatically extended by one year unless it is terminated by either party. Cancellation must be carried out in writing no later than 3 months before the end of the current contract.
5.3. RMI is allowed to terminate the User Agreement at any time, with immediate effect and without compensation, if the Subscriber has made/makes use of the Retriever Database contrary to Article 3.
5.4. RMI may suspend its services (including the provision of access to Retriever Database) at any time if it suspects that the Subscriber has used the Retriever Database in breach of Article 3, or has otherwise made improper use of the services or products of RMI.
6.1. The Subscriber shall pay to RMI the annual subscription fee and any other fees specified in the User Agreement in advance.
6.2. Subscription fees and any other fees must be paid no later than 14 days after the invoice date, unless otherwise agreed in writing.
6.3. If the Subscriber does not pay the due amounts or does not pay them in time, the Subscriber shall also owe the statutory interest on the outstanding amount (without the need for warning or notice). If payment is not made, RMI can transfer the claim. In that case, the Subscriber will be obliged to pay legal and other costs in addition to the owed amount.
6.4 RMI can change the rates and/or other fees. A new rate will apply from the moment the User Agreement is automatically renewed, unless the agreement is terminated (as defined in Article 5.2).
6.5. If an increase in the rates or other fees exceeds 5%, RMI shall inform the Subscriber in good time, so that the Subscriber can terminate the agreement if desired before the increase takes effect. If the notice period has already expired when RMI informs the Subscriber about an increase of more than 5% (and the increase thereby commences within the notice period), the Subscriber is entitled to terminate the contract within two months of being informed. This notice must be provided in writing. The fee that is payable by the Subscriber in this case will be calculated based on the old rate.
7.1. RMI makes every effort at all times to ensure that the data in the Retriever Database is correct and up-to-date, and aims for a good availability of the Retriever Database and the information stored therein. RMI is dependent on the input of publishers and sales houses with regard to the contents of the database, however, and can therefore accept no liability in connection with the contents of the Retriever Database.
7.2. RMI is not liable for:
- the substantive correctness, completeness and topicality of the content of the Retriever Database;
- any damage that may result during or as a result of the use of the information presented in the Retriever Database;
- any damage that could arise from the (temporary) poor availability of the Retriever database, or of its data not being up-to-date.
7.3. If, despite Articles 7.1. and 7.2, RMI should be liable in connection with agreement to which these General Terms and Conditions apply, this liability will be restricted to the total cost of the subscription or other fees that the counter-party has paid to RMI in connection with this during the year prior to the claim, up to a maximum of € 2,500.-.
8.1. RMI will make changes to the General Terms and Conditions from time to time. The General Terms and Conditions therefore always include a release date. The most recent version of the General Terms and Conditions can be found on the Website of RMI.
8.2. The most recent version of the General Terms and Conditions that applied at the time the agreement was made will apply to each agreement. If an agreement is extended in accordance with Article 5.2 after the General Terms and Conditions have been changed, the version of the General Terms and Conditions that was most recent at the moment of the extension will apply.
8.3. RMI reserves the right at all times to change the Retriever Database, the associated software, its functionality, its website or any other products or services, either technically or with regard to content.
9. Disputes and applicable law
9.1. The agreement to which these General Terms and Conditions applies will be exclusively subject to the law of the Netherlands. The Vienna Trade Agreement will be expressly excluded.
9.2. Any disputes regarding the conclusion or implementation of this agreement, or otherwise related to the General Terms and Conditions shall be submitted to the courts of Amsterdam.
General Terms and Conditions of Retriever Media Informatie B.V. – Version: 20 March 2012