These terms apply to the use of Newsdirector ("Newsdirector" or "we"). Newsdirector is provided to businesses and organisations only, not to consumers.
This is a translation. If it differs from the Dutch version, the Dutch version applies.
1. Definitions
- Customer: the organisation that enters into an agreement with us to use the service.
- Service: the CMS, the admin environment, the public rendering of the customer's sites and all related features.
- User: any person with a CMS account on behalf of the customer.
- Content: everything the customer or its users put into the service, such as articles, images, video, pages, newsletters and ads.
2. Scope
These terms apply to every quote and agreement for the service. Arrangements in a quote or agreement take precedence over these terms. The customer's own general terms do not apply unless we have accepted them in writing.
3. Agreement
An agreement is formed when the customer accepts a quote or we confirm an order in writing. Quotes are valid for thirty days. Unless agreed otherwise, an agreement runs for one year and then renews automatically for one year at a time.
4. The service
We provide the service as it is available at the time of use, with the features listed in the quote. We may improve and change the service. If we remove a feature the customer demonstrably relies on, we discuss it first. Work such as a WordPress import, custom development or training is only done when agreed separately.
5. Accounts and access
- The customer decides who gets an account and with which role, and is responsible for everything done through those accounts.
- Users keep their login details secret. If the customer suspects misuse, they report it to us immediately.
- In case of misuse or an acute security risk we may temporarily block an account. We then tell the customer why as soon as possible.
6. Content and responsibility
Content remains the customer's. The customer only grants us the right to store, process and display it to the extent needed to provide the service. As publisher, the customer is responsible for what is published and for the rights to images, text and video. The customer ensures that content does not infringe third-party rights and is not unlawful. If we receive a well-founded complaint about content, we may make it inaccessible after consulting the customer.
7. Acceptable use
The service may not be used to:
- send spam, malware or phishing, or send newsletters to people who did not sign up for them;
- attack or overload the service or others' systems, or circumvent security measures;
- gain access to other customers' data;
- resell the service or make it available to third parties without our written permission.
8. AI features
If the customer turns on the AI features, the text a user asks the AI to work on is sent to the chosen provider (such as Anthropic or OpenAI), and that provider's terms also apply. AI output can be wrong: the newsroom checks everything before publication and remains responsible for the result. The AI provider's costs are borne by the customer unless agreed otherwise.
9. Third-party services
The service can work with third-party services the customer chooses, such as Cloudflare, ad networks, consent management platforms (CMP), analytics services and social networks. Their own terms apply to their use. We are not liable for their availability, changes or payouts.
10. Availability and maintenance
We do our best to keep the service available at all times, but do not guarantee uninterrupted availability unless a service level has been agreed in writing. Planned maintenance is done outside peak hours where possible and announced in advance. We make regular backups. The customer remains responsible for keeping its own copy of content it cannot afford to lose.
11. Fees and payment
- Fees are as stated in the quote, exclude VAT and are invoiced in advance per month or per year unless agreed otherwise.
- Invoices are due within fourteen days. If a reminder goes unpaid, we may suspend the service.
- We may adjust fees once a year with at least thirty days' notice. If the increase exceeds inflation, the customer may terminate the agreement as of the date it takes effect.
12. Intellectual property
All rights to Newsdirector's software, design and documentation remain ours. For the duration of the agreement the customer receives a non-exclusive, non-transferable right to use the service.
13. Privacy
For personal data we process on the customer's behalf, such as that of readers and newsletter subscribers, the customer is the controller and we are the processor. We sign a data processing agreement for this. See ourprivacy policy for more.
14. Confidentiality
Both parties keep the other's confidential information secret, also after the agreement ends. We always treat content that has not yet been published as confidential.
15. Liability
- Our liability is limited to direct damage and to the amount the customer paid us in the twelve months before the damage occurred.
- We are not liable for indirect damage, such as lost profit or advertising revenue, lost data or reputational harm.
- These limits do not apply in case of intent or deliberate recklessness by our management.
- A claim lapses if the customer does not report the damage to us within twelve months of discovering it.
16. Force majeure
We are not liable if we cannot meet our obligations due to force majeure, such as outages at hosting or network providers, large-scale attacks, power failures or government measures. If force majeure lasts longer than sixty days, either party may terminate the agreement in writing.
17. End of the agreement
The agreement can be terminated in writing as of the end of the current term, with one month's notice. We may end the agreement immediately if the customer seriously breaches these terms or goes bankrupt. Afterwards the customer can export its content for thirty days. We then delete the data, except what we are legally required to keep. On request we help with the migration at our usual rate.
18. Changes to these terms
We may change these terms. We announce significant changes at least thirty days in advance. If the customer does not agree, they may terminate the agreement as of the date the change takes effect.
19. Governing law
These terms and all agreements are governed by Dutch law. Disputes are brought before the competent court in the district where Newsdirector is established, after we have first tried to resolve them together.
20. Contact
Questions about these terms? Email [email protected].