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Cost of viewing and responding to advertisements:
Free
Cost of posting advertisements:
Advertisements are posted for a period of 6 months.
Advertisements posted in your own name:
Posting an advertisement in your own name is free.
Advertisements posted anonymously
Posting an advertisement anonymously:
- Is free for members of the SRA, CB and NIRV.
- The fees for non-SRA,CB and NIRV members are given in the table below:
| Posting an advertisement anonymously |
Euro |
| 1 to 3 advertisements a year |
Euro 40,00 per post |
| 4 to 10 advertisements a year |
Euro 35,00 per post |
| more than 10 advertisements a year |
Euro 30,00 per post |
Services
Advertisements posted in your own name:
Business4sale is responsible only for posting your advertisement in the database. All responses are made directly to the advertiser.
Advertisements posted anonymously:
Business4sale is responsible for anonymous advertisements posted in the database and all responses come through Business4sale. The advertisement will give the name of a Business4sale employee as the contact. We will keep you advised of the responses.
General Conditions
Article 1 Definitions
General Conditions: these General Conditions.
Business4sale: the company Business4sale
Site: the site(s) operated by Business4sale on the Internet at the address www.Business4sale.nl, or a URL with the same content.
Customer: the natural or legal person with whom a contract has been entered into or who uses the Services.
Services: a service offered by Business4sale, such as, for example, the posting of an advertisement on the Site, or the obtaining of access to the database of buyers and sellers of businesses which is held on the Site or the posting of business information on the Site, etc.
Advertisement: Any advertising material posted by the customer on the Site.
Sliding Scale Contract: a contract for posting Advertisements anonymously on the Site at a reduced rate.
Article 2 General
2.1
These General Conditions shall apply to all offers made by Business4sale and all contracts entered into between Business4sale and the Customer.
2.2
Any variations to these General Conditions shall be valid only if they have been specifically agreed in writing.
2.3
Any purchase conditions or other conditions of his own which the Customer may seek to impose are hereby specifically rejected.
2.4
If any single provision of these General Conditions is null and void or is voided, the other provisions of these General Conditions shall remain fully effective and Business4sale and the Customer will enter into consultation in order to agree new provisions to replace the void or voided ones. In so doing the purpose and meaning of the void or voided provisions shall be taken into account as much as possible.
2.5
Business4sale shall have the right to amend and/or update these conditions and apply them to any existing contracts. Any amendments and/or updates shall become effective 30 (thirty) days after they have been announced on the Site or at such later date as specified in any such announcement.
Article 3 Offers and contracts
3.1
All offers made by Business4sale shall be without engagement unless specifically stated otherwise in writing in the offer. Business4sale shall have the right to reject any order without stating its reasons.
3.2
The contract with Business4sale shall not become effective until Business4sale has confirmed the order in writing (by post, fax or e-mail). Any updates and/or amendments to the contract must be agreed in writing by authorised representatives of the parties
3.3
Business4sale and the Customer may enter into a contract for the anonymous posting of advertisements, under which Business4sale’s services are obtained at a reduced rate (the Sliding Scale Contract). A Sliding Scale Contract shall be entered into for a period of 1 (one) year, unless specifically agreed otherwise in writing. The Sliding Scale Contract shall by law be terminated at the end of 1 (one) year unless the parties agree otherwise in writing.
Article 4 Prices and payment
4.1
The prices shown for the products and services offered are in euros, exclusive of VAT and any taxes or other charges, unless otherwise stated or agreed in writing. The prices are shown on the Site but they may also be requested from Business4sale.
4.2
Business4sale shall charge the sums payable by the Customer by means of an invoice. The Customer shall pay the invoices in accordance with the payment conditions stated on the invoice. The Customer shall effect payment within 30 (thirty) days of the date on the invoice, unless any specific conditions apply.
4.3
If the Customer fails to pay the sums due within the agreed time limit, he shall be liable to pay interest at the statutory rate on the sum outstanding. There is no requirement for Business4sale to serve the Customer with a notice of default. If a notice of default has been served and the Customer still fails to settle the demand, he shall be liable, in addition to the total sum due at that point, for all the legal and non-legal expenses, the amount of which shall be a minimum of 15 % of the principal sum due which has been invoiced to the Customer.
4.4
Business4sale reserves the right to revise its rates. Business4sale shall give at least 30 (thirty) days advance notice on its Site of any such revision of its rates. Should the Customer not agree with any such amendment he shall have the right to terminate the contract in writing within 14 (fourteen) days of such notice being given on the Site. If the Customer does not terminate the contract within the said period of 14 (fourteen) days he shall be deemed to have agreed the change.
4.5
Business4sale shall at all times be entitled to call on the Customer to provide security for the fulfilment of his commitments to Business4sale. Such security shall take the form of, for example, a bank guarantee, an advance payment or even advance payment in full prior to Business4sale actually executing the contract.
Article 5 Posting of advertisements
5.1
Business4sale offers the following Services on the Site:
- Free posting of advertisements for businesses for sale or businesses wanted in Business4sale’s database, giving the name and address of the Customer or a representative appointed by the Customer; posting of advertisements for businesses for sale or businesses wanted in Business4sale’s database without revealing the Customer’s details but instead giving a Business4sale employee as the contact;
- Button postings;
5.2
The Customer shall provide Business4sale with all the requisite information which the Customer knows, or may reasonably be expected to know, to be relevant to Business4sale to enable it to duly comply with any obligations arising out of a contract governing the posting of Advertisements.
5.3
The Customer must comply with Business4sale’s relevant instructions when submitting any material to be used in Advertisements to be posted.
5.4
If the Customer terminates the posting of the Advertisement before the end of the agreed period because, for example, he has made a successful contact with a potential buyer or potential seller, the right to post an advertisement for the remainder of the agreed period shall be terminated automatically.
Article 6 Liability
6.1
Business4sale’s total liability in respect of any failure, imputable to Business4sale, to fulfil the contract shall be limited to compensation of any direct loss up to a maximum of a sum equal to the fee payable by the Customer to Business4sale under the contract. “Direct loss” shall be understood to mean solely loss which is directly and inextricably linked to the event that caused the loss to be incurred.
6.2
Business4sale assumes no liability for indirect loss, including consequential loss, loss of income, missed opportunities to make savings, loss due to business stagnation or any loss other than that covered by Article 6.1.
6.3
Business4sale will accept no liability whatsoever for any loss arising out of the use of the Site and/or the Services by the Customer or any third parties or for any possible consequences thereof, including network disruption or performance problems. The Customer shall indemnify Business4sale against any possible claims by third parties in connection with any texts or material which the Customer has posted on the Site.
Article 7 Termination
7.1
Each party shall be entitled to cancel a contract without recourse to the courts by means of registered letter if, even after well-founded written notice of default (in as much detail as possible) has been served, setting a deadline of at least 30 (thirty) days, the other party continues to fail to comply with essential obligations under the contract and such failure is imputable to the other party.
7.2
If a contract which, by its nature and substance, does not end by being performed, has been entered into indefinitely, it may be terminated by either of the parties if notice is given in writing once proper substantive talks have been held and reasoned grounds given. If no specific period of notice has been agreed between the parties, a reasonable period shall be observed when such notice is given. The parties shall not in any circumstances be required to pay compensation as a result of such notice.
7.3
Business4sale may terminate the contract with immediate effect in full or in part without giving notice of default and without judicial intervention by giving written notice if the Customer, temporarily or otherwise, is granted suspension of payment or if bankruptcy proceedings are instituted against the Customer or if his business is wound up or terminated unless this is done as a result of a reconstruction or company merger. Business4sale shall not in any circumstances be required to pay compensation as a result of such termination.
7.4
If, at the time of cancellation as referred to in Article 7.1, the Customer has already received services in execution of the contract, any such services and the associated obligation to pay shall not be reversed unless Business4sale is in default in respect of provision of these services. Any sums which Business4sale has invoiced prior to cancellation in respect of what it has already done or provided in execution of the contract shall, in accordance with the provisions of the previous sentence, remain payable in full and be immediately due at the time of cancellation.
Article 8 Force majeure
8.1
Neither party shall be bound to comply with any obligation if prevented from doing so as a result of force majeure. Force majeure shall also cover any failure by any of Business4sale’s suppliers which cannot be attributed to them.
8.2
If the force majeure situation lasts for more than 90 (ninety) days the parties shall have the right to terminate the contract by cancelling it in writing. Any services already supplied under the contract shall be paid for in proportion and the parties shall be due each other no more than that.
Article 9 Maintenance
Business4sale shall be entitled, without giving prior notice, to withdraw the system from use (temporarily) or to limit the use of the system for as long as it deems necessary to carry out any reasonable maintenance that may be required or to make any changes or improvements to the system which it deems necessary. This shall not give the Customer any right to claim compensation from Business4sale.
Article 10 Applicable law and disputes
10.1
The contract between Business4sale and the Customer shall be governed by Dutch law.
10.2
Any disputes arising between Business4sale and the Customer as a result of a contract which the Customer has entered into with Business4sale or as a result of further contracts which may have arisen from it shall be settled by court in Rotterdam.
© Business4sale 2005 |
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