Terms and Conditions

Article 1 Applicability

1. These General Terms and Conditions apply to all Agreements and email agreements between CITY REPORTS and a Counterparty, the manner in which they are concluded and executed, as well as to all offers, confirmations, commitments, quotations, rates, Technical Regulations, the Procedure, letters of intent, and commitments related to the production and broadcasting of Television products such as commercials, in-script items, billboarding, etc., by CITY REPORTS.
2. These General Terms and Conditions also apply to all agreements between CITY REPORTS and an agency acting as a representative of a Counterparty, the manner in which they are concluded and executed, as well as to all offers, confirmations, quotations, rates, Technical Regulations, the Procedure, letters of intent, and commitments related to the broadcasting of television commercials, in-script items, billboarding, and other non-spot products by CITY REPORTS.
3. Any reference in these General Terms and Conditions to either a Counterparty or an Agency shall also be deemed to refer to both, unless a provision clearly applies to only one of them.
4. Deviations from these General Terms and Conditions are only valid if agreed upon in writing between CITY REPORTS and the Counterparty and apply only to the amended provisions in the relevant agreement and confirmed via email.
5. Any general terms and conditions of the Counterparty shall not apply unless explicitly accepted in writing by CITY REPORTS.
6. If any provision of these General Terms and Conditions is found to be wholly or partially contrary to mandatory law, the remaining provisions shall remain in full force, and the invalid or voided provision shall be replaced by one that aligns as closely as possible with the original intent.

Article 2 Amendments

1. CITY REPORTS is entitled to amend these General Terms and Conditions at any time.
2. Changes in rates or surcharges, pricing, procedures, and technical regulations shall not be considered amendments to the General Terms and Conditions.
3. If CITY REPORTS amends the General Terms and Conditions based on a court ruling or to comply with legal or other governmental regulations, industry guidelines, or other binding rules, CITY REPORTS cannot be held accountable.

Article 3 The Agency

1. CITY REPORTS accepts the mediation of an Agency in concluding agreements if the Agency acts in the name and on behalf of the Counterparty. Upon request, the Agency must provide proof of its authority, as determined by CITY REPORTS.
2. The Agency guarantees that it has obtained authorization or power of attorney from the Counterparty to enter into an agreement and ensures that the Counterparty accepts the applicability of these General Terms and Conditions.
3. If the Counterparty denies granting such authority to the Agency or the Agency was not authorized for any other reason, the Agency shall be deemed to have acted on its own behalf and at its own expense.
4. The Agency and the Counterparty are jointly and severally liable for fulfilling the obligations arising from agreements concluded with CITY REPORTS.
5. If an agreement between the Counterparty and CITY REPORTS is concluded through the intervention of the Agency, CITY REPORTS may grant the Agency a commission fee, which will be announced alongside the applicable rates. CITY REPORTS is only liable to pay the commission if the Counterparty fully complies with its obligations under the Agreement.

Article 4 Force Majeure

1. If CITY REPORTS is unable to fulfill its obligations under the Agreement due to force majeure, performance of those obligations shall be suspended. In such cases, CITY REPORTS shall not be liable for any resulting damages.
2. Force majeure refers to circumstances beyond CITY REPORTS’ control that make it unreasonable to expect CITY REPORTS to fulfill its obligations.
3. When producing and broadcasting non-spot products, CITY REPORTS is always bound by media law and cannot be held liable for any obligation that would require violating regulations in any way.

Article 5 Transferability of Rights

1. The Counterparty is not permitted to transfer or assign rights and obligations from the Agreement, in whole or in part, to third parties without prior written consent from CITY REPORTS.
2. CITY REPORTS may impose conditions on granting such consent. In any case, the Agency must remain jointly and severally liable for fulfilling the obligations arising from the Agreement.

Article 6 Procedure and Technical Regulations

The Agreement is based on an advertorial and/or commercial. In this Agreement, the term “television commercial” includes elements applicable to an advertorial.

1. The Counterparty must deliver the Television Commercial or non-spot information as prescribed by CITY REPORTS in the applicable Procedure at the time of broadcasting. The commercial must meet the Technical Regulations set forth in the Procedure. If CITY REPORTS determines that a commercial does not comply, it has the right to suspend or reject the broadcast without liability for damages.
2. CITY REPORTS is not liable for direct or indirect damages suffered by the Counterparty or third parties due to failure to timely or correctly submit materials in accordance with the Procedure.

Article 7 Other Regulations

1. The Counterparty guarantees that the Television Commercial it submits complies with all applicable Dutch laws, including but not limited to the Media Act, European guidelines, advertising codes, and other government regulations.
2. If CITY REPORTS determines that a commercial violates legal or ethical standards, it may interrupt or cancel the broadcast immediately without prior notice. CITY REPORTS is not liable for damages resulting from this action.
3. If CITY REPORTS is unable to fulfill its obligations due to legal orders or government regulations, it shall not be held liable for any resulting damages. The Counterparty shall be responsible for compensating CITY REPORTS for any damages incurred.
4. If a commercial is not broadcast due to a violation of the General Terms and Conditions, CITY REPORTS may allocate the reserved airtime to third parties.

Article 8 Broadcast Date and Time of Television Commercials

1. Any indication of broadcast date and time provided by CITY REPORTS is approximate and may be changed at any time.
2. If a commercial is not broadcast due to human or technical failure, CITY REPORTS will attempt to reschedule it at a similar rate but is not liable for damages due to rescheduling.

Article 9 Unattributable Failure

1. If CITY REPORTS is unable to fulfill its obligations due to circumstances beyond its control, performance shall be suspended without liability for damages.

Article 10 Liability of CITY REPORTS

1. CITY REPORTS is only liable for damages if gross negligence is proven.
2. CITY REPORTS is not responsible for loss or damage to materials provided by the Counterparty unless due to intent or gross negligence by CITY REPORTS personnel.
3. CITY REPORTS is not liable for business losses, consequential damages, lost profits, or third-party claims.

Article 11 Rates and Surcharges

1. CITY REPORTS periodically announces rates for commercials and non-spot products, which may be adjusted at any time.

Article 12 Payment

1. CITY REPORTS issues an invoice shortly after the contract date. Payment must be made before the broadcast date.
2. Late payments incur interest and collection fees.

Article 13 In-Script Sponsorship

1. Participation is confirmed upon receipt of a signed form or email agreement.
2. After confirmation, CITY REPORTS’ production team will initiate the project and set a recording date.

Article 14 Cancellation

1. Booked airtime cancellations result in:
   • 100% charge if canceled within seven business days before the broadcast.
   • 50% charge for changes exceeding 25% of the budget if canceled more than three days prior.
2. Rescheduling fees apply based on notice period.
3. CITY REPORTS reserves the right to charge full cancellation costs if the alternative package is not used within four months.