1.1 In these Terms and Conditions the following definitions apply:
1.1.a. "Subscription": any (licence) agreement under which a right of use is granted to one or more Publications. Additional conditions may be attached to this right of use, whether or not via these Terms and Conditions.
1.1.b. "Account": the combination of username, password and any other authorisation means that an End User needs to gain access to the Platform.
1.1.c. "Customer": the party that has entered into an Agreement with the Publisher, either directly or through a third party engaged by the Publisher, for the delivery of the Services.
1.1.d. "Terms and Conditions": these terms and conditions, which apply to all Agreements concluded between the Publisher and the Customer.
1.1.e. "End User": any natural person who has their own personal Account and can thereby make use of the Platform.
1.1.f. "Intellectual Property Rights": all rights of intellectual or industrial property or rights equivalent thereto, registered or unregistered, anywhere in the world. This includes, among other things but not limited to: copyrights, neighbouring rights, database rights, patent rights, trade name rights, trademark rights, design rights, trade secret rights, domain name rights and rights to unfair-competition-protected performances (eenlijnsprestaties).
1.1.g. "Agreement": a collective term for all agreements that the Publisher enters into with the Customer, including the Platform Agreement and Subscriptions, to which the Terms and Conditions always apply.
1.1.h. "Platform": the online environment through which an End User, depending on their role, can (i) order, manage and cancel Subscriptions; and/or (ii) access one or more Publications.
1.1.i. "Platform Agreement": the (licence) agreement under which the Customer has the right to use the Platform itself and to grant its use to other End Users. Additional conditions may be attached to this right of use, whether or not via these Terms and Conditions.
1.1.j. "Publications": all electronic publications made available by the Publisher to End Users, regardless of the form in which they appear and the manner in which they are delivered (for example via the Platform or as a downloadable file).
1.1.k. "Services": the totality of all goods (such as printed editions), property rights (such as licences) and services (such as the publication of advertisements) that the Publisher delivers under the Platform Agreement.
1.1.l. "Publisher": the private limited company Uitgeverij Den Hollander B.V.
1.1.m. "Search System": any solution (hardware and/or software) intended for searching and/or consulting sources that are included in, or linked to, the solution itself.
1.2 Written communication under these Terms and Conditions is understood to include not only communication on paper, but also communication by e-mail, as long as the integrity of the communication and the authenticity of the sender are sufficiently established.
2.1 Publisher offers various Publications and provides access to them via the Platform. The Platform is only accessible with an Account. Customer can create an Account free of charge via https://denhollander.info.
2.2 When registering the Account, Customer enters into a (licence) agreement with Publisher for (i) the use of the Platform by Customer itself, and (ii) the use of the Platform by End Users to whom Customer grants an Account or to whom Customer grants access to Publications.
2.3 Any general (purchasing) terms and conditions of Customer are explicitly not applicable to any Agreement and are hereby expressly rejected by Publisher.
3.1 Via the Account, Customer can request Subscriptions for Publications at any time. The price of the Subscription depends on the number of End Users who have access to the Publications. Unless otherwise indicated in the request form on the Platform, the price shown relates to use of the Publication by one End User.
3.2 Publisher reserves the right to attach other usage restrictions to the Subscription (for example a maximum number of views or a maximum number of downloads). If such restrictions apply, this will be indicated via the request form on the Platform.
3.3 The Subscription comes into effect immediately upon completion of the request form on the Platform. It is not possible for Customer to revoke or dissolve this Subscription after it has come into effect, except in the situations for which these Terms and Conditions expressly provide otherwise.
3.4 Publisher is under no obligation whatsoever to provide Customer with means to detect or correct input errors. Between the parties, the content of the request form as received by Publisher shall be deemed correct. Input errors and other errors made when requesting the Subscription are at the expense and risk of Customer.
3.5 Publisher reserves the right to refuse a Customer and to revoke or dissolve a Subscription concluded via the Platform within 30 days of its formation, for example if Publisher has doubts about Customer's financial position. In such a case, Publisher is not obliged to provide further justification. In such a case, any payments already made by Customer for the relevant Subscription will be refunded on a pro rata basis.
4.1 The Platform Agreement is entered into for an indefinite period.
4.2 Customer may terminate the Platform Agreement at any time via its account settings by closing its own Account and the Accounts of all End Users to whom it has granted access to the Platform. It is recommended not to terminate the Platform Agreement as long as Subscriptions are active, because access to the Platform is required to be able to consult Publications.
4.3 Publisher may terminate the Platform Agreement with due observance of a notice period of 30 days, provided that (i) Customer has no ongoing Subscription, or (ii) Publisher otherwise guarantees access to Publications for Customer and End Users for whom a Subscription is active.
5.1 Unless expressly stated otherwise, each Subscription is entered into for a period of at least twelve months. The Subscription can only be terminated at the end of its term. Interim termination of the Subscription is explicitly not possible, except in the situations for which this is explicitly provided in these Terms and Conditions.
5.2 Both Customer and Publisher have the option to terminate the Subscription up to one month before the end of the term at the latest. Customer can terminate the Subscription via the Platform. Publisher can terminate the Subscription via an e-mail sent to the e-mail address linked to Customer's Account.
5.3 If neither Customer nor Publisher terminates the Subscription in accordance with the previous paragraph, the Subscription will always be tacitly renewed for twelve months at the end of its term.
5.4 It is not possible to change the Subscription during its term (for example into a subscription to a different publication) or to reduce the Subscription (for example because fewer End Users need access to the Publication). This is only possible at the end of the term of the Subscription, and up to one month before the renewal date at the latest. It is possible to expand the Subscription during its term (for example if additional End Users need access to the Publication). In that case, Publisher will send an additional invoice for the End Users added to the Subscription. The prices applicable at the time of the expansion of the Subscription will apply in each case.
5.5 Customer can independently request changes to the Subscription (taking into account the conditions of the previous paragraph) via the Portal.
6.1 After a Subscription has been taken out, Publisher will make efforts to make the Publication available to Customer as soon as possible via the Platform.
6.2 Customer can set, via the management environment on the Platform, which End Users are given access to the Publication. Each End User must have their own personal Account. Login details for Accounts are strictly confidential and may not be shared with third parties. It is explicitly not permitted to share Accounts among multiple natural persons.
6.3 Customer can independently assign licences for Publications to individual End Users, up to the maximum number of End Users. Customer can also independently withdraw licences from individual End Users. The licences that become available can subsequently be assigned to another End User. Managing the licences is Customer's own responsibility.
6.4 Unless expressly agreed otherwise in writing, Customer may only assign (license) the Publications to End Users who are employed by Customer's organisation. Upon termination of employment, Customer is responsible for timely withdrawal of the licence.
7.1 It is prohibited to use the Platform in a manner that is contrary to these Terms and Conditions or applicable laws and regulations.
7.2 It is prohibited to use the Platform in such a way that it causes nuisance or inconvenience to Publisher or other users of the Platform. This includes, among other things but not limited to, uploading or downloading excessive amounts of data or information, or carrying out penetration tests, unless Publisher has given explicit written permission for this.
7.3 Publisher may take technical measures to secure the Platform and the Publications against unauthorised access. If Publisher has implemented such measures, it is explicitly not permitted to attempt to circumvent these measures.
7.4 Customer itself determines which End Users it grants access to the Platform and the Publications. Use of the Platform and the Publications by these End Users is entirely at the expense and risk of Customer. Customer indemnifies Publisher against any claims from third parties directly or indirectly related to a breach of the Terms and Conditions by these End Users.
7.5 Publisher reserves the right to take measures in the event of a breach of the provisions of this article, for example by restricting or blocking access to the Platform and the Publications. Publisher will inform Customer of such measures as soon as possible so that a solution can be sought in consultation.
8.1 Publisher makes efforts to keep the Platform available as much as possible, but cannot guarantee uninterrupted availability. The Platform may be temporarily offline (wholly or partly) as a result of maintenance or malfunctions.
8.2 Publisher actively maintains the Platform. This may result in certain functionalities of the Platform being adjusted, new functionalities being added, or functionalities being discontinued. Suggestions from Customer are welcome, but Publisher ultimately decides which changes are implemented, if any.
8.3 Publisher will provide a reasonable level of support for technical or practical questions about the Platform. Publisher is available for this on business days between 9:00 a.m. and 5:00 p.m. Current contact details can be found via the Platform.
8.4 Publisher makes efforts to handle support requests as soon as possible, but cannot give any guarantees in this respect.
9.1 Publisher cannot guarantee that the content of the Publications is free of errors and complete. Publisher is explicitly not liable for any errors or omissions in the Publications. Customer and End Users are at all times responsible themselves for verifying the information before using it. This exclusion of liability also applies for the benefit of the authors and editors involved in creating the Publications.
9.2 Customer indemnifies Publisher against any claims from third parties directly or indirectly related to the use of the Publications (or the information contained therein) by Customer or End Users.
10.1 Unless expressly stated otherwise, all prices are exclusive of VAT and any other government-imposed levies.
10.2 Publisher has the right to change prices. Changed prices will be announced in advance. Unless stated otherwise, price changes will take effect from the next renewal of the Subscription.
10.3 If Publisher wishes to change the prices of a Subscription during its term, Publisher will notify Customer at least 30 days in advance. If Customer does not agree with a price increase announced by Publisher, Customer is entitled to terminate the Subscriptions to which the price increase relates, up to and including the date on which the increase takes effect. If Customer makes use of this right of termination, any prepaid amounts will be refunded to Customer on a pro rata basis.
10.4 Publisher is entitled to adjust prices based on inflation, calculated according to the Consumer Price Index (CPI) for the category "Newspapers and Magazines". Any price changes will be applied at the start of a new subscription period. This adjustment may take place without prior notice.
10.5 Unless expressly agreed otherwise in writing, Customer is not entitled to a refund, repayment of amounts paid, or any other compensation if a Publication does not achieve the publication frequency or scope determined for that Publication.
10.6 If Customer has bundled one or more Publications into a single Subscription, Customer is not entitled to a refund, repayment of amounts paid, or any other compensation if individual Publications that are part of the package are discontinued.
11.1 Invoicing is carried out by Publisher within three months of (the commencement of) delivery of the Service, unless expressly agreed otherwise with Customer. A payment term of fourteen days applies to all invoices.
11.2 Payments made by Customer are first applied to settle all interest and costs owed, and only thereafter to settle the oldest outstanding and due invoices, even if Customer states that the payment relates to a later invoice.
11.3 Without the express written consent of Publisher, Customer is not permitted to set off its payment obligation towards Publisher against any claim Customer has on Publisher, on whatever grounds.
11.4 Publisher has the right to request advance payment or security for payment from Customer at any time.
11.5 If Customer fails to pay the amounts due, or fails to pay them on time, Customer will owe statutory commercial interest on the outstanding amount without any notice of default being required. If Customer remains in default after being given notice of default, Publisher may refer the claim to a collection agency, in which case Customer will also be liable, in addition to the total amount then due, for compensation of all judicial and extrajudicial costs.
11.6 In the event of non-payment or late payment by Customer, or non-performance or improper performance of any obligation resting on Customer, Publisher is entitled to dissolve the Agreement extrajudicially, in whole or in part, without prejudice to Publisher's right to claim performance or compensation for the damage suffered by Publisher as a result of the dissolution.
11.7 Publisher has the right to suspend delivery of the Services, in whole or in part, for as long as Customer has not fulfilled all of its (payment) obligations under the Agreement. This suspension will remain in effect until Customer has fully complied with its obligations.
12.1 All Intellectual Property Rights relating to the Platform and the Publications rest with Publisher. In this article, "Publisher" shall also include any third party from whom Publisher has obtained a licence for Intellectual Property Rights.
12.2 Customer acknowledges the rights described in the previous paragraph and, in the event of any form of (in)direct infringement, owes Publisher an immediately payable penalty of €2,500 for each infringement and for each week that the infringement continues, without prejudice to Publisher's other rights under the law, such as the right to compensation and the right to claim performance.
12.3 If Customer notices that third parties are infringing the rights referred to in this article, Customer is obliged to report this to Publisher in writing immediately. Without the written consent of Publisher, Customer shall not itself take any action against such infringement, whether in or out of court.
12.4 Customer is not permitted to alter or remove (or have altered or removed) any indication of Intellectual Property Rights of Publisher or third parties in Publications.
12.5 Customer is not permitted (and this applies, where necessary, in addition to Publisher's Intellectual Property Rights) to reproduce or make public, in whole or in part, any Publications supplied by Publisher to Customer, or any simplifications thereof, without the prior express written consent of Publisher.
12.6 Unless expressly agreed otherwise in writing, Customer receives only a non-exclusive and non-transferable right (licence) to use the Platform for the term of the Platform Agreement within its own organisation, taking into account the further usage restrictions imposed via these Terms and Conditions or otherwise.
12.7 Unless expressly agreed otherwise in writing, Customer receives only a non-exclusive and non-transferable right (licence) to use the Publications for the term of the Subscription within its own organisation, taking into account the further usage restrictions imposed via these Terms and Conditions or otherwise.
12.8 If Publisher offers the possibility to download Publications or otherwise store a copy thereof, this copy may only be used for the term of the Subscription by the End User who downloaded the copy. Any (other) publication or reproduction is explicitly not permitted, unless expressly agreed otherwise in writing. It is explicitly not permitted to store such copies in a knowledge system or proprietary database, unless Publisher has given explicit written permission for this.
12.9 Customer acknowledges that the Platform and the Publications constitute a protected database within the meaning of the Dutch Database Act (Databankenwet) and will at all times respect the rights that Publisher derives from the Database Act. If it were ever established, in or out of court, that the Platform and the Publications are not protected under the Database Act, the parties hereby agree in advance that Customer will at all times refrain from (i) extracting or re-utilising the whole or a qualitatively or quantitatively substantial part of the content of the Platform and/or the Publications, and (ii) the repeated and systematic extraction or re-utilisation of qualitatively or quantitatively insubstantial parts of the content of the Platform and/or the Publications.
12.10 To the extent that making copies is permitted under articles 16h to 16m of the Dutch Copyright Act 1912 (Auteurswet) in conjunction with the Decree of 27 November 2002, Stb. 575, Customer shall pay the statutory fee due for this to Stichting Reprorecht in Hoofddorp (P.O. Box 3060, 2130 KB).
13.1 Customer may request Publisher to make Publications searchable via a Search System. Publisher decides for itself whether it is willing to cooperate with this. Publisher may charge an additional fee for this and may attach further conditions to its cooperation.
13.2 If Publisher declares itself willing to cooperate with this, the principles set out in this article apply, unless expressly agreed otherwise in writing.
13.3 Customer is itself responsible for obtaining and maintaining a (sufficient) licence for the Search System. Publisher is not a party to the agreement that Customer enters into with the provider of the relevant Search System for this purpose, and is explicitly not responsible or liable for the correct functioning of the Search System.
13.4 Publisher will provide the Search System provider only with metadata about the Publications (such as the author's name, article titles, keywords, etc.). If a user of the Search System wishes to consult the Publication, they will always be redirected from the Search System to the Platform. It is explicitly not permitted to consult the Publication directly, or make it consultable directly, via the Search System.
13.5 Every person redirected from the Search System to the Platform must have a unique identification number by which Publisher can recognise that person. Only persons who have an Account linked to an active Subscription for the relevant Publication can consult that Publication via the Platform. The provisions of article 16 apply with respect to these identification numbers.
13.6 Customer acknowledges that the correct functioning of the link between the Platform and the Search System partly depends on the functioning of the Search System. Changes to the Platform or the Search System may affect the functioning of the link. Publisher cannot guarantee that the link is and remains available at all times and functions free of errors. Publisher will use reasonable efforts to realise the link, on a best-efforts basis.
13.7 Access to the Search System requires the number of workstations at Customer to be at least equal to the number of active user accounts.
14.1 Customer is explicitly prohibited from using Publications (whether in whole or in part), directly or indirectly, to train an algorithmic application or otherwise improve the functioning of that algorithmic application. This prohibition applies, among other things but not limited to, the application of text and data mining as referred to in article 15o of the Dutch Copyright Act.
14.2 Customer is explicitly prohibited from entering Publications (whether in whole or in part) into, or otherwise processing them with, an algorithmic application, unless Customer has taken demonstrable and effective measures to ensure that the Publications are not used (i) to train or otherwise improve that algorithmic application, and (ii) in any other manner that goes beyond the licence granted to Customer under these Terms and Conditions.
14.3 The prohibition described in paragraph 1 does not apply if and to the extent that Publisher has expressly agreed in writing to a specific form of use of the Publications in combination with an algorithmic application.
14.4 For the purposes of these Terms and Conditions, an "algorithmic application" means: any system (hardware and/or software) that, by means of data analysis, statistics or machine-learning logic, is capable of generating an output (such as predictions, content, recommendations or decisions) with a degree of autonomy based on received input, including any AI system and AI model within the meaning of Regulation (EU) 2024/1689 (AI Act), explicitly including general-purpose AI systems and AI models.
14.5 In the event of a breach of the prohibition described in paragraph 1, Customer owes Publisher an immediately payable penalty of €25,000 per infringement, and €5,000 for each day the infringement continues, without prejudice to Publisher's right to claim damages. The use of a single journal article or a single independent part of a Publication in breach of paragraph 1 shall each be regarded as a separate infringement.
14.6 In the event of a breach of the prohibition described in paragraph 2, Customer owes Publisher an immediately payable penalty of €2,500 per infringement, without prejudice to Publisher's right to claim damages. The use of a single journal article or a single independent part of a Publication in breach of paragraph 2 shall each be regarded as a separate infringement.
15.1 All Agreements between Publisher and Customer relating to advertisement placements (including all agreements with advertisers and intermediaries) are subject, in addition to these Terms and Conditions, to the latest applicable version of the Regulations for the Advertising Industry (Regelen voor het Advertentiewezen), issued by the Board of Order and Supervision for the Advertising Industry (ROTA).
15.2 In the event of any conflict between these Terms and Conditions and the Regulations for the Advertising Industry, the Regulations for the Advertising Industry shall prevail.
15.3 Amendments and/or additions to the agreement concluded with Customer, and these general terms — Publisher reserves the right to refuse advertisements from Customer where these compete with the products or services of Uitgeverij Den Hollander B.V. and its subsidiaries.
16.1 When using the Platform and/or the delivery of the Services, Publisher may process personal data. Further information about the types of personal data processed by Publisher, the categories of persons (data subjects) to which this personal data may relate, and the purposes for and manner in which Publisher processes the personal data, can be found in the privacy statement. The privacy statement is available via https://denhollander.info/privacy-policy.
17.1 Either party is only entitled to dissolve the Agreement due to an attributable failure if the other party, in all cases after being given as detailed a written notice of default as possible, allowing a reasonable period to remedy the failure, remains attributably in default in the performance of material obligations under the Agreement.
17.2 Either party may terminate the Agreement, in whole or in part, without notice of default, with immediate effect and in writing, if:
Publisher shall never be liable for any refund of payments already received, nor for any compensation, as a result of such termination.
17.3 Publisher may terminate the Agreement, in whole or in part, without notice of default, with immediate effect and in writing, if decisive control over Customer's business changes, unless Publisher has agreed to this change of control in advance, explicitly and in writing.
17.4 In the event of dissolution of the Agreement, no obligations to undo performance already rendered will arise, and Services already delivered by Publisher to Customer will be settled at the agreed prices.
17.5 In the event of termination or dissolution of the Agreement, all amounts owed by Customer to Publisher shall become immediately due and payable in full.
18.1 Publisher only accepts statutory obligations to pay damages to the extent apparent from this article.
18.2 Publisher excludes any liability towards Customer, including any liability for claims by third parties, in respect of indirect damage, which in any case includes: consequential damage, loss of profit, missed savings, reduced goodwill, damage due to business interruption, and damage resulting from claims by Customer's own customers.
18.3 The presence of a defect does not entitle Customer to suspend or set off its payment obligations relating to Services already delivered or still to be delivered.
18.4 A precondition for any right to compensation to arise is that Customer reports the damage to Publisher in writing as soon as possible after it occurs, and in any case within fourteen days of discovering it.
18.5 Publisher's total liability towards Customer for an attributable failure in the performance of any agreement, or arising on any other grounds, is limited per event to compensation for direct damage up to a maximum of the total amount of the fees paid by Customer (excl. VAT) for the year in which the failure occurs. In no event, however, shall Publisher's total liability, on whatever grounds, exceed EUR 10,000 per calendar year.
18.6 A series of related events causing damage shall, for the purposes of this article, be regarded as a single event.
18.7 The limitation of liability set out in this article applies not only to Publisher, but also to any third parties and subcontractors engaged by Publisher in the delivery of the Services and/or development of the Publications, including in any case, but not limited to, editors and authors.
19.1 Publisher and Customer are, in either direction, not obliged to perform if and to the extent that performance is prevented as a result of force majeure. In either direction, neither party is obliged to compensate damage resulting from force majeure.
19.2 Force majeure on the part of Publisher includes, in any case but not limited to: fire; flooding; natural disasters; war; terrorism; force majeure on the part of subcontractors or suppliers; defects in software, equipment or other Publications provided by Customer to Publisher; disruptions in public parts of the electricity network; disruptions in public parts of the network infrastructure; cybercrime; (D)DoS attacks; vandalism; general transport or delivery problems; strikes; and government measures.
19.3 Force majeure on the part of Customer explicitly does not include: liquidity or solvency problems.
19.4 If the force majeure situation continues for at least 30 days, both parties have the right to terminate, in writing and with immediate effect, the Agreement to which the force majeure situation relates.
20.1 Dutch law applies to every Agreement concluded by Publisher with Customer, to the exclusion of the Vienna Sales Convention.
20.2 All disputes arising from or connected with an Agreement concluded by Publisher with Customer shall be submitted exclusively to the competent court of Publisher's place of business, to the extent that mandatory statutory provisions do not preclude this.
20.1 Publisher reserves the right to amend these Terms and Conditions from time to time. Any amendments will not affect existing Agreements, but will apply to all Agreements concluded after the amendment.
22.1 If Customer notices that its data (or that of an End User) is incorrect, it shall correct this as soon as possible via its Account.
22.2 Publisher may share communications intended for Customer (for example, but not limited to, information about amendments to these Terms and Conditions, price changes, and changes to the Platform or the Subscriptions) via the e-mail address linked to Customer's Account. Customer is itself responsible for ensuring that this e-mail address is kept up to date.
22.3 All costs incurred by Publisher to preserve or exercise its rights against Customer under an Agreement concluded with Customer, both in and out of court, shall be borne by Customer.
22.4 Publisher may transfer its rights and/or obligations under the Agreement(s) concluded with Customer to subsidiaries and/or group companies as referred to in articles 24a and 24b of Book 2 of the Dutch Civil Code, or to legal successors, and Publisher shall thereby be released from its obligations towards Customer. Customer is obliged, at Publisher's first request, to provide all cooperation deemed necessary by Publisher for this transfer.
22.5 Without the prior written consent of Publisher, Customer is not permitted to transfer its rights and/or obligations under the Agreement(s) concluded with Publisher to third parties, or to encumber rights in favour of third parties with a limited right. Publisher will not withhold the consent referred to here on unreasonable grounds.
22.6 Publisher reserves the right, during the term of the Subscription, to make changes to the composition of the editorial team, the title, the content, the format, the scope, the publication dates and the frequency of publication of a Publication.
© Uitgeverij Den Hollander B.V. 2025