Femke de jong – Wetenschapsjournalist

Terms and Conditions of Femke de Jong – Wetenschapsjournalist

Summary in understandable English (not legally valid)

Femke de Jong – Wetenschapsjournlist decides what the terms and conditions are. In summary they are the following: Signing the offer is confirming the assignment. Femke de Jong – Wetenschapsjournalist needs to receive all data on time so she can do her job, failing to receive the data on time will lead to delays or cancellations. Femke de Jong – Wetenschapsjournalist keeps to the agreed tariffs. All tariffs include VAT, and payment needs to occur within 20 days after receiving the invoice. Copyright of the by Femke de Jong – Wetenschapsjournalist created work stays with Femke de Jong – Wetenschapsjournalist, the Client has permission to use the work but not for selling it without permission. Personal data will only be stored and used to complete an assignment.

Now the real thing

Article 1 | Definitions

In these Terms and Conditions, the following definitions with the following meanings are used unless explicitly stated otherwise.

1. Femke de Jong – Wetenschapsjournalist: As defined in Article 2.
2. The Client: The (legal) entity who closes an agreement or is intending to close and agreement with Femke de Jong – Wetenschapsjornalist.
3. In writing: Set in writing: by post or email.
4. Third parties: Person or persons who are not part of the agreement.

 Article 2 | Identity Femke de Jong – Wetenschapsjournalist

Name company: Femke de Jong – Wetenschapsjournalis
Place of business: Hilversum, the Netherlands
Phone number: +31 619213274
KvK-number: 89035127
VAT-number: NL004685737B63

Article 3 | General terms

1. These Terms and Conditions apply for all agreements with Femke de Jong – Wetenschapsjournalist.
2. Deviations of these Terms and Conditions are only binding if Femke de Jong – Wetenschapsjournalist has confirmed those in writing.
3. The Terms and Conditions of the Client only apply if explicitly and in writing agreed that exclusion of these Terms and Conditions is applicable.

Article 4 | Scope of offered services

1. Femke de Jong – Wetenschapsjournalist is offering the following services:
   1. The writing of journalistic articles. This includes supplying the written text, the required revisions, and eventual the asking for and forwarding accompanying images.
   2. With About Academic Writing & Zo I give writing advice to academics. I do this in the form of a newsletter and email course.
   3. With Thesis & Zo I transform PhD theses into a Thesis Glossy, a 12-page magazine about the in the thesis published study in general understandable English and/or Dutch. The Thesis Glossy is delivered as a pdf-file (A4 format, and a minimal resolution of 300 dpi, that is suitable for both printing as digital reading). In addition, can the Thesis Glossy be viewed for a minimal 2 years in the form of a digital flipbook in the website of Femke de Jong – Wetenschapjournalist [link] , on request can this be done with a private link.

Article 5 | The agreement

1. All released offers are without obligation and do not obligate Femke de Jong – Wetenschapsjournalist to the closing of an agreement.
2. The agreement between Femke de Jong – Wetenschapsjourlaist and the Client comes about when the Client signs or otherwise in writing confirms the by Femke de Jong – Wetenschapsjournalist released offer or assignment confirmation.
3. Potential additional agreements or changes after closing of the agreement are only valid if Femke de Jong has confirmed those in writing.
4. All agreed delivery dates are always indicative dates. These delivery dates are not fatal date, and exceedance of these dates does not give the Client the right on a compensation.

Article 6 | Obligation of withdrawal

1. The Client has the right to withdraw without additional cost for the agreed services up to 48 hours in advance of the first appointment of the agreement.
2. Within 48 hours of the first appointment the Client has no longer the right to withdraw and is the agreement binding.

Article 7 | General obligations of Femke de Jong – Wetenschapsjournalist

1. Femke de Jong – Wetenschapsjournalist is obligated to execute the agreement to the best of her insight and abilities following the demands of good craftmanship.
2. Femke de Jong – Wetenschapsjournalist is only obligated to (continue to) execute the agreement if the Client delivers the agreed data, documents, and/or copy within the agreed term.

Article 8 | General obligations of the Client

1. The Client can up to 48 hours of an appointment change the date and time of said appointment.
2. The Client can change an appointment within 48 hours of the said appointment for a 5% extra fee on top of the agreed billing amount.
3. In case the Client is not showing up on the agreed appointment a No Show policy is activated, and the Client owes Femke de Jong – Wetenschapsjournalist the complete billing amount.
4. To prevent delays the Client is responsible for delivering the agreed upon materials (Like thesis abstract copy, images, etc.) before the agreed date, see article 7.2.
5. The Client is completely responsible for the completeness and correctness of the by the Client delivered scientific contents. This also counts if between delivery and publication of the product the by Femke de Jong – Wetenschapsjournalist new (scientific) insights occurred.
6. The Client is completely responsible for complying with a potential embargo on (parts) of their thesis, and safeguards Femke de Jong – Wetenschapsjournalist from agreements with third parties.

Article 9 | Prices and VAT

1. All prices are inclusive VAT.
2. Femke de Jong – Wetenschapsjornalist retains the right to apply once a year an inflation correction.
3. The in the agreement mentioned prices are based on cost-determining factors on the moment of the offer. Femke de Jong – Wetenschapsjournalist keeps the right up to three months after closing the agreement to pass on reasonable cost increases that occur in cost-determining factors on which within reasons the contractor has no influence on, like increases of excised duty, tax, or insurances prices, up to a maximum of 20% of the original price.
4. Discounts and offers are not automatically apply for future agreements.

Article 10 | Payments and invoices

1. The payment term for invoices of Femke de Jong – Wetenschapsjournalist amounts to 20 (twenty) days after the invoice date. The Client is not entitled to suspension of the settlement. In case the Client after a notice of default remains negligent in payment of the invoice, then Femke de Jong – Wetenschapsjournalist is entitled to charge the Client for all (extrajudicial) costs incurred in connection with the payment collection

Article 11 | Liability

1. Femke de Jong – Wetenschapsjournalist is towards the Client resposible for accountable shortcomings in the implementation of the agreement, in as far the shortcomings amount to the not taking into account the carefulness and expertise on which might be relied on by the execution of the agreement.
2. The liability of Femke de Jong – Wetenschapsjournalist is limited to paying of direct damage up to the amount of the fees that were paid by the Client to Femke de Jong – Wetenschapsjounalist on the basis of the agreement.
3. All liability to indirect damage, including follow up damage, is explicitly ruled out.
4. A claim for damage compensation needs to be made to Femke de Jong – Wetenschapsjournalist withing 6 (six) months after the Client discovered the damage, or reasonably could have discovered the damage, the right to compensation will be nullified in the absence of this.
5. The Client safeguards Femke de Jong – Wetenschapsjournalist from all claims from third parties that ensue out of or are related to the work that Femke de Jong – Wetenschapsjournalist does for the benefit of the Client.
6. Femke de Jong – Wetenschapsjournalist is not liable for the damage, no matter in what form, that occurred due to that the Client delivered incorrect or incomplete data, see article 8.5 and 8.6.

Article 12 | Confidential information

1. All of the information provided by one of the parties from which the other party knows or reasonably can know that it is confidential, is assumed confidential. The party which  receives this confidential information keeps it confidential and will use it only for the purpose it was given.

Article 13 | Processing personal data

1. The by Femke de Jong – Wetenschapsjournalist obtained personal data are only collected to be able to deliver the transaction desired by the Client, like sending newsletters, or email courses, and the interaction needed for fulfilment of the of the agreement.
2. Personal data of the Client will be registered and saved according the law in a database that is exclusively maintained by Femke de Jong – Wetenschapsjournalist. Clients accept that their personal data is saved and processed by Femke de Jong – Wetenschapsjournalist.
3. Femke de Jong – Wetenschapsjournalist garantees that no personal data is passed on to third parties.
4. Femke de Jong – Wetenschapsjournalist removes personal data of the client 6 months after their last interaction.
5. Each Client has the right to access, change and correct, or remove his or her personal data. They also have the right to protest against the processing of their personal data within the concerned framework in case there are serious and legitimate reasons for this.
6. For all information or questions that are related to the privacy of data protection you can contact Femke de Jong – Wetenschapsjournalist.

Article 14 | Force Majeur

1. Under Force Majeur in this Terms and Conditions fall all from outside coming reasons, foreseen and unforeseen, on which the Client has no influence, but that prevent Femke de Jong – Wetenschapsjournalist from fulfilling the agreement, including, but not exclusively, illness, computer outage, power outage, strikes, riot, war, or natural disaster.
2. In case Femke de Jong – Wetenschapsjournalist can not fulfil the obligations of the agreement due to Force Majeur, then the obligations are suspended up to the moment that Femke de Jong – Wetenschapsjournalist can again unhindered fill the obligations as agreed in the agreement.
3. In case the time period of Force Majeur is longer than 30 continuous days, then the Client has the right to dissolve the agreement without that Femke de Jong – Wetenschapsjournalist can ask for a composition for the damage Femke de Jong – Wetenschapsjournalist obtains as a result of the dissolvement.
4. When in case of Force Majeur the paid services can not or only partly be delivered, then the Client is compensated in full.

Article 15 | Copyright

1. All intellectual property rights that are the result of the by Femke de Jong – Wetenschapsjournalist provided services lay with Femke de Jong -Wetenschapsjouralist. The Client only gets the not-excusive usage rights which are granted according to this Terms and Conditions and the Law. Unless differently agreed upon in writing, are the usage rights solely for the Client. The transfer of this right to Third Parties is excluded. The rights of usage only apply as long as the Client meets its financial obligations to Femke de Jong – Wetenschapsjournalist.
2. Femke de Jong – Wetenschapsjournalist retains the right to use the by the fulfilment of the agreement obtained knowledge for other purposes, as long as no confidential information about the Client is provided to Third Parties
3. The transfer of rights of intellectual property, including copyright of the by Femke de Jong – Wetenschapsjournalist written text are not included in this agreement.
4. The Client takes at all times into account the copyrights of Femke de Jong – Wetenschapsjournalist when multiplying and publication of the product.
5. The Client does not have permission to adjust or transform products or written text from Femke de Jong – Wetenschapsjournalist, unless Femke de Jong – Wetenschapsjournalist has given permission in writing.
6. The property of all by Femke de Jong – Wetenschapsjournalist sold or delivered products stays with Femke de Jong – Wetenschapsjournalist until the payment owed to Femke de Jong – Wetenschapsjournalist is completed.
7. Femke de Jong – Wetenschapsjournalist has the right to use the delivered products for promotional purposes unless both parties agreed differently in writing.
8. Femke de Jong – Wetenschapsjournalist has the right to use the name and logo of the Client for promotional purposes of her business.
9. The Client safeguards Femke de Jong – Wetenschapsjournalist from claims from Third Parties about intellectual property.
10. In case the Client acts in disagreement with this article the Client is due a directly payable fine of €1000, per offence to Femke de Jong – Wetenschapsjournalist .

Article 16 | Hosting digital magazines

1. This article is applicable on agreements that involve the production by Femke de Jong – Wetenschapsjournalist of a digital magazine (also called a Flipbook) for the Client that is publicly available to the public on the internet.
2. Femke de Jong – Wetenschpasjournalsit caries the full responsibility that the digital magazine in at least for 2 years after delivery accessible for the public on the internet. Femke de Jong – Wetenschapsjournalist is not obliged to keep the digital magazine for longer than 2 years online, unless this is differently agreed up on in writing.
3. During this period of 2 years the Client can not order Femke de Jong – Wetenschapsjournalist to take the digital magazine offline, unless the Client provides reasonable arguments for taking the digital magazine offline earlier. After 2 years any request to take the digital magazine offline will be granted.
4. Femke de Jong – Wetenschapsjournalist can take the digital magazine offline when she has reasonable grounds for this, for example if when keeping the digital magazine online will damage Femke de Jong – Wetenschapsjournalist.
5. The Client is responsible for preserving their version of the digital (pdf) file of the magazine.
6. Femke de Jong – Wetenschapsjournalist is under no obligation to pay for damages that the Client obtains from taking the digital magazine offline.

Article 17 | Applicable Law

1. In case these Terms and Conditions and the agreement contain conflicting terms, then the in the agreement included terms apply.
2. Disputes between the Client and Femke de Jong – Wetenschapsjournalist that are related to the agreement on which these Terms and Conditions are applicable will be first tried to solve by negotiations, subsequently by mediation, and subdistrict court judge. The disputes that are not fall under the competence of the subdistrict court judge will be settled by an authorized judge in the district in which Femke de Jong – Wetenschapsjournalist is established, unless the law provides otherwise.

Article 18 | Survival

1. The provisions from the Terms and Conditions and the agreement that have the scope to remain valid after completion of the agreement, which include, but not limited to, Article 11 (Liability), Article 15 (Copyright), Article 16 (Hosting digital magazines), Article 17 (Applicable Law) and this provision (Survival) remain valid also after the completion of the agreement.

Article 19 | Updates

1. Femke de Jong – Wetenschapsjournalist can update this Terms and Conditions from time to time through placing an update on the website of Femke de Jong -Wetenschapsjournalist. By keeping using these services you agree with the updated Terms and Conditions on a provisional basis.