1. Welcome to Freshplaza.com!

Welcome to www.freshplaza.com (the "Website") under Freshplaza B.V. (“Freshplaza”) and thank you for your booking.

These terms and conditions of delivery (the "Terms of Delivery") apply with effect from 13 July 2022 on any use of the website (whether via your computer or via mobile devices or any other software application), on all services offered by Freshplaza and all agreements that Freshplaza enters into for the use of the Website and the services.

By visiting our Website you agree to these Terms of Delivery. Freshplaza recommends anyone using the Website or one of these services (an "Advertiser") to read these Terms of Delivery beforehand. Freshplaza may change these Terms of Delivery from time to time. We therefore recommend that you read them regularly.

Advertisements may be placed on the Website by an Advertiser against payment to Freshplaza (the "Advertisement"). An Advertisement can be placed in different ways and positions.

Freshplaza is a news platform where an Advertiser can place Advertisements and a visitor (a “Visitor”) can view these Advertisements.

2. General rules for placing an Advertisement on the Website

Advertisements placed on the Website by an Advertiser must comply with a number of rules.

1. The Advertisement must comply with the rules applicable at that time with regard to dimensions, format and type of file. You can request this information from your account manager and man change the Advertisement from time to time.
2. The Advertisement may not be misleading or inaccurate.
3. In all instances, an Advertisement may not contain discriminatory, pornographic, abusive or threatening or inflammatory content. The content may also not contain political messages and personal data of third parties or be contrary to public order or morality.
4. Freshplaza is entitled to refuse Advertisements, in addition to what is mentioned under paragraph c, that are contrary to the company values.
5. It is forbidden to offer products that are illegal, unlawful or whose trade is prohibited. It is also forbidden to offer services whose performance is illegal or unlawful.
   
   

3. Disputes between Visitor and Advertiser

Freshplaza does not mediate agreements between Visitors and Advertisers. Disputes that arise between Visitor and Advertiser must be resolved mutually.

4. Ranking of Ads

There are several positions related to multiple ad ranking. Freshplaza works in most positions with a ranking according to the time of booking.

5. Payment

5.1. The Advertiser pays Freshplaza the agreed amount in the agreed terms. The invoice will be sent at the beginning of the month for the agreed term by e-mail to the e-mail address provided by the Advertiser. The Advertiser must pay the invoice within a period of thirty (30) days after the invoice date in the manner indicated by Freshplaza. All prices quoted are exclusive of VAT (if applicable).

5.2. All payments by the Advertiser will be deducted from the invoice number stated at the time of payment. If no invoice number is stated, the payment will be deducted from the oldest outstanding invoice of the Advertiser.

5.3. Complaints about the invoices must be agreed with the account manager within two (2) months after the invoice date. After the expiry of this period, the Advertiser is deemed to have approved the invoice. A complaint does not suspend the Advertiser's payment obligation.

5.4. If the payment term is exceeded, Freshplaza is entitled to charge statutory interest. In the event that the relevant Advertiser fails to pay the full amount after a reminder, Freshplaza is entitled to engage a collection agency. The judicial and extrajudicial costs of the collection will be borne by the Advertiser.

5.5. Any reliance on set-off or suspension by the Advertiser is not permitted.

6. Protecting your privacy

Our Privacy Statement explains how we handle your personal information and how we protect your privacy when you use our Website.

7. Unauthorized use of the Website

The content of the Website may not be copied, reproduced and/or made public by the Advertiser. The Advertiser is not permitted to change the content of the Website, other than as described in these Terms of Delivery.

It is not permitted to place or publish Advertisements made by Freshplaza elsewhere, unless Freshplaza has given permission for this.

8. We make no guarantees

We cannot guarantee that our services will always meet your expectations. Nor can we guarantee that the Website will function without error and/or that continuous and/or secure access to the Website or parts thereof can be obtained.

All information and numbers on the Website are subject to spelling or typing errors.

9. Limitation of liability Freshplaza

 We exclude, to the extent permitted by law, liability for any damage suffered by an Advertiser from

(i) use of the services of Freshplaza;
(ii) the non-availability or non-secure availability of the Website or parts thereof;
(iii) incorrect information on the Website;
(iv) purchase of services from third parties via the Website;
(v) changes in the services of Freshplaza or changes in or on the Website;
(vi) the Advertiser's actions contrary to the Terms of Delivery and/or applicable laws and regulations.

If, for whatever reason, we are nevertheless liable, our liability will be limited to a maximum of (a) the total compensation paid by the Advertiser to Freshplaza during the 6 months prior to the act giving rise to the liability, or (b) € 1800, whichever is higher.

10. Changes to the Services and the Website

Freshplaza may change the Website or parts thereof at any time. We can also change or terminate our services at any time. We will endeavor to announce such change or termination within a reasonable time before it is implemented.

10.1. Freshplaza may change the Website or parts thereof, including the advertising duration, renewal options, the classification of the categories, the layout of the Website and search options, at any time and at its own discretion. We will endeavor to announce such change within a reasonable time before it is implemented.

10.2. Freshplaza can change the prices of the paid Advertisements at any time. If a price increase occurs during the term of an Advertising Agreement, it will not be implemented. Only when the agreement is extended will the applicable rates be applied. On the Advertising rates page you will find an overview of categories and any costs for placing an Advertisement.

11. Third Party Websites and Services

The Website contains references to the websites of third parties (for example by means of a hyperlink or banner). Freshplaza has no control or influence on the content of these websites. The (privacy) rules of that website apply to these websites. If you have any questions about these rules from third party websites, please refer to their respective websites. This also applies to using the services of external service providers, such as payment services from third parties. The use of these services will then fall under the (privacy) rules of the relevant service provider.

12. Complaints procedure

If you cannot find the answer to your question, please contact your account manager. If you have problems with your account manager and would like to submit a complaint, please contact [email protected]. Complaints about a defect in the service must be submitted in good time after discovery, whereby a term of 2 months would be considered timely. Complaints must be submitted fully and clearly described. We will strive to respond within 14 days of submitting the complaint. If this is not possible, we will give you an indication of the term of response within 14 days of submitting the complaint.

13. Termination of the Agreement

The Advertiser cannot prematurely terminate its agreement with the account manager of Freshplaza.

14. Other provisions

Freshplaza B.V. (“Freshplaza”) is located at Stevinweg 2, 4691 SM in Tholen. Freshplaza has telephone number 0166-698200, VAT number NL808.985.413.B01 and is registered with the Chamber of Commerce under number 22046219.

Freshplaza can change the Delivery Conditions or parts thereof at any time. Freshplaza will endeavor to announce such a change within a reasonable period of time before it comes into effect. The changes will take effect within a reasonable period of time after they have been announced, or after you have made use of the Website and/or the services of Freshplaza again after the change, whichever is earlier.

If we do not enforce a provision in the Terms of Delivery, this does not mean that we waive the right to enforce this at a later date or against another Advertiser. Agreements that deviate from the provisions of the Delivery Conditions are only valid if they have been confirmed in writing by Freshplaza. If one or more provisions of the Terms of Delivery are declared invalid by a competent court, this shall not affect the other provisions of the Terms of Delivery.

Notifications to Freshplaza (other than regarding infringing or otherwise unlawful Advertisements) can be addressed to Freshplaza B.V., Stevinweg 2, 4691 SM in Tholen. Notices to Advertisers will be sent to the email address provided, or by certified mail where appropriate and an address is available. Notices made by certified mail will be deemed to have been received 5 (five) business days from the date of posting.

Freshplaza is at all times entitled to transfer its rights and obligations under the agreements relating to the services of Freshplaza to one of its group companies. Advertisers will be informed about this.

These Terms of Delivery constitute the entire agreement between you and Freshplaza superseding all prior agreements. The agreements resulting from all services of Freshplaza and the Delivery Conditions are governed by Dutch law. In the event of a dispute arising from these agreements or from the Terms of Delivery, only the court in Middelburg will have jurisdiction.