General Terms and Conditions for Publishers
We reserve the right to modify these general terms and conditions. You agree that the latest version of these general terms and conditions will always apply. Deviating agreements are only valid if they have been accepted by us in writing.
Article 1 – General
- These general terms and conditions apply to every offer and agreement we enter into with you.
- We will send you these general terms and conditions free of charge upon request. They are also available at www.hulc.io.
- If a part of this Agreement is null or voidable, it does not change the validity of the rest of these general terms and conditions or the agreement to which they apply. The null or voided part will be replaced by a provision that follows the content of the null provision as closely as possible.
On this page, the agreements that apply to the use of the website hulc.io are available. The page is structured based on two separate agreements. The first agreement is a direct agreement entered into with the Hulc platform. It includes provisions relating to data, technology, and the account, hereinafter referred to as: ‘platform agreement’. When a deal arises between Publisher and client, a one-time, direct agreement is entered into with Hulc BV. This agreement is called the ‘Publication Agreement’. Dutch law exclusively applies to the platform agreement and article agreement. Disputes will be submitted to the competent court in Amsterdam.
Article 2 – Identity of the Entrepreneur
Name: Hulc BV
Address: Jan van Krimpenweg 7a 2031CE Haarlem
Phone number: 020 – 210 19 18
Email address: info@hulc.nl
Chamber of Commerce number: 70328668
VAT identification number: NL858265692B01
Platform Agreement
When using the platform, the ‘Client’ and ‘Publisher’ agree to the ‘Platform Agreement’. The articles within the ‘Publication Agreement’ do not apply to Hulc. Hulc reserves the right to change the platform agreement. When using the platform, you agree to the most recent version of the platform agreement.
Article 3 – Product
Through an online digital platform (the ‘Platform’), Hulc offers a service where (online) articles, social media posts, or other agreed forms of promotion are placed on a Publisher’s channels for payment. This operation is hereinafter referred to as (the ‘Product’).
Article 4 – Registration
Users can register for the Product through a secure login using their email address and personal information. All details must be filled in truthfully.
Article 5 – Liability
Hulc cannot be held liable for any damage that may be suffered as a result of using the Platform or the Product. Hulc takes as many measures as possible to provide a well-functioning and secure platform. However, it does not guarantee in any way the accuracy of the Product or the content of the Platform.
Hulc is entitled to take the Platform out of service (temporarily) or terminate the Product without prior notice and without having to provide a reason, and without this resulting in any right to compensation against Hulc.
Article 6 – Misuse
As a condition for using the Product, you agree not to offer any information, data, or content via the Platform that violates any law or regulation. Furthermore, you agree that you will:
- not pretend to have an incorrect relationship with a person or company;
- not enter non-public/secured areas of the Platform;
- not send viruses, worms, junk mail, spam, chain letters, unsolicited offers, or advertisements of any kind and for any purpose;
- not investigate, scan, or test the vulnerability of the Platform or any other related system or network, or act in violation of any security or authentication.
- If Hulc suspects that you are not complying with the Platform Agreement, Hulc may deny you access to the Platform and the Product with immediate effect (permanently).
Article 6B – Misuse as a Condition of Use (Part 2)
Communication outside the Platform is strictly prohibited for both Clients and Publishers. By accepting the terms and conditions, you agree that as a Client or Publisher, you will communicate exclusively through the Hulc platform. Direct communication for finalizing the purchase of the relevant blog is not allowed. After the transaction, only communication about the current purchase is permitted. New agreements can only be made through the platform. In case of violation of this rule, you will receive a warning as a courtesy. Repeated violations will result in the removal of your account. If repeated within your organization, your entire organization will be removed from the platform.
Article 7 – Release of Information
Hulc reserves the right at all times to disclose information (i) to defend itself in legal proceedings, (ii) to comply with a court order, (iii) to comply with all laws, regulations or government requests, (iv) to protect national security, defense, public safety and public health, and (v) to enforce its rights.
Article 8 – Force Majeure
Hulc is not liable if the agreement with you cannot be fulfilled due to force majeure. This also applies if the agreement cannot be fulfilled due to force majeure. If the force majeure lasts longer than 30 days, this agreement can be terminated in writing. In that case, there is no right to compensation.
Publication Agreement
Article 9 – Purchase Agreement
When mutual agreement is reached through the use of the Hulc platform, a mutual agreement between Publisher and Client is established.
Article 10 – Collaboration
The Publisher is never allowed to contact the Client directly outside of Hulc regarding the Client’s campaign and the Publisher’s proposal.
All communication regarding the Client’s campaign must be conducted through Hulc. In case of provable collaboration between Client and Publisher, as a result of the campaign started within Hulc, the Publisher will be immediately removed from Hulc’s database and any possible collaboration will be terminated immediately. Any damages incurred, lost income, and legal costs will be recovered from the Publisher.
Article 11 – Mutual Agreement
Hulc strives to handle each proposal correctly, but Publisher and Client must make efforts to reach a mutual agreement. If the conditions of the other party are not met, Hulc reserves the right to dissolve the agreement or cancel the purchase agreement. Hulc also reserves the right to dissolve or cancel the agreement if the conditions of the publication agreement are not met.
Article 12 – Costs and Price
When a proposal is made by the Publisher, it shows a selling price set by the Publisher, including the commission to Hulc. The Client has the option to agree to this. When the product is delivered and the Client indicates satisfaction, Hulc pays out the agreed amount minus the commission to the Publisher. This amount is paid through monthly settlement. The compensation is always a monetary amount. It is not allowed to send products or provide services outside of Hulc regarding an assignment obtained through Hulc.
Article 13 – VAT
The prices mentioned in the service offer are excluding VAT. The agreed price of the service to be delivered is 100% of the amount. The amount paid by the Client consists of the price of the product, plus 21% VAT.
Article 14 – Payment to Seller
Hulc reserves the right to invoice payments monthly. This payment can only take place when the Publisher has sent an invoice for the services provided. Payments are made in the first week of each month, minus the service costs.
Article 15 – Self-Billing
Publisher performs services in the name of Publisher to itself (‘self-billing’). The invoice in the name of Publisher is made available to Publisher on the first of each month. Payment of this invoice will take place within 10 days. This self-billing is standard practice by Hulc unless there are valid reasons to deviate from it upon request. If Publisher believes the invoice needs correction, Publisher must file a complaint within 7 days.
For administrative purposes and smooth processing of payments, Publisher must timely and correctly update changes to their VAT rate, bank details, and Chamber of Commerce number in the Platform.
Article 16 – Duration of Agreement
When an agreement is established, the delivered product should remain on the agreed website for an indefinite period unless otherwise agreed. If this agreement is not fulfilled, Hulc reserves the right to reclaim the paid amount from the Publisher.
Article 17 – Delivery Time
When a Publisher’s proposal is accepted by the Client, the Publisher must deliver the product within at least 30 days. If the Publisher and Client have agreed on a different term, the 30-day period is void and the agreed term will be observed.
Article 18 – Media Law
Publisher delivers the assignment in accordance with media laws and the guidelines of the Advertising Code Foundation. Publisher is responsible for complying with these laws and guidelines. Hulc can never be held liable for Publisher’s deliveries.
Article 19 – Approval of Delivery
The assignment delivered by Publisher must be approved by the Client within 7 days. During these 7 days, the Client has the opportunity to request any changes. If no action is taken within 7 days, the assignment is automatically approved.
Article 20 – Risks
Publishers are expected to explain the risks of advertorials or other content proposals, detailing to the Client what the delivery will entail and what risks this may involve. Hulc strives to facilitate a successful transaction. Hulc cannot be held liable for damages suffered due to such changes.
Article 21 – Liability
Hulc is not liable for any damage you as a user may suffer as a result of using the Product or the Platform, unless that damage is caused by intent, gross negligence, or deliberate recklessness. Although Hulc takes as many measures as possible to ensure a safe purchase, Hulc does not guarantee in any way the content or accuracy of the Product or Platform. Hulc is not liable for the consequences of (potential) inaccuracies during or after the use of the Platform. Hulc is entitled to disable the Platform or limit its use or terminate the Platform or additional services without prior notice, without having to provide a reason and without creating any right to compensation against Hulc.
A copy of the terms and conditions can be provided upon request.
Update: 13-10-2022