1. Reference to "material" in these terms and
conditions, include all content supplied to the client
by International Feature Agency Amsterdam (IFA).
2. Material supplied to the client by IFA may not be reproduced,
used or distributed to a third party in any manner or form
without the express permission of IFA. The client guarantees
that it shall not copy, loan, transfer, further license,
sell or otherwise deal with, nor permit any third party to
use the material.
3. The client shall make no use of any material supplied
by IFA until availability of the material has been checked,
the license fee relating to the material and any other terms
and conditions relating to the material have been agreed
with IFA. The delivery to the client of material for consideration
does not imply consent to reproduce such material.
4. The client has a maximum of three days to come to a decision
with regard to the purchase of the material sent. After this
period, unless otherwise agreed, IFA is free to offer the
same material to other clients in the same territory without
informing the client.
5. IFA will send to the client a confirmation of purchase
by way of invoice confirming the agreed license fee and agreed
use which grants the client a licence to use the material
on the following basis:
5.1 Publication of the material shall be made once, in
the agreed publication in the agreed territory.
5.2 Publication of the material shall be made with the
credit line as set out in the material purchased. Failing
to publish the creditline will entitle IFA to a compensation
of € 500,-.
6. Texts and pictures are for print use only, not for electronic
use unless otherwise agreed. For electronic use separate
and/or additional fees apply.
7. The client acknowledges that intellectual property rights
are the property of IFA or its suppliers.
8. The client will make payment by electronic transfer within
twentyone (21) days of the date of the invoice supplied by
IFA to the client.
9. All payments are to be made in the original currency
invoiced. All bank charges for all payments are borne by
the client. When no double taxation treaty is in force all
withheld tax, local taxes, VAT or any other duties will be
payed by the client. Unless otherwise agreed all courier,
postage and reproduction charges will be payed by the client.
10. All sales are final regardless of whether or not the
client publishes the purchased material. For a period of
24 hours from the date of confirmation by the client, the
client has the right to cancel its licence to use the material,
in writing to IFA, without further payment. When cancelling
after this 24 hours period the client is obligated to pay
a kill-fee of 50% of the agreed licence fee.
11. IFA accepts no liability for any inaccuracy within the
feature’s text or captions provided by the supplier.
Whilst all reasonable care is taken in supplying information
it is the clients responsibility to ensure that published
information is correct. IFA accepts no liability arising
directly or indirectly from the supply or non-supply of any
material or other information in relation to the material.
If any exclusion or limitation of liability should be held
invalid by a court of competent jurisdiction for any reason,
the client agrees that IFA’s liability shall be limited
to the amount of the licence fee paid by the client. IFA
can not guarantee that material supplied in translation is
free from inaccuracies and does not accept any loss or damage
suffered by the client or by any third party arising from
the use of translated material.
12. IFA may terminate the licence to use the material granted
to the client if the client commits a material breach of
these terms and conditions.
13. The client will supply IFA with two copies of all publications
of material, free of charge, within two weeks of publication.
14. No changes of these terms and conditions will be valid
unless agreed in writing by both parties. The failure or
delay by either party to enforce any of its rights under
these terms and conditions will not relinquish such rights
or any other rights. In case of any conflict Dutch law will
always apply and all disputes arising from this agreement
shall be settled by the competent court in Amsterdam, Holland.
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