Terms and Conditions

By entering into the FashionUnited VIP and / or FashionUnited webhosting agreement the client declares to agree to sponsor and be familiar with the general terms of delivery of FashionUnited BV (hereinafter FashionUnited) located in Amersfoort. The terms of FashionUnited are:

1. FashionUnited reserves the right to alter prices at any moment. You will be notified in writing at least 1 calendar month from date.

2. In case of default, late payment, breach of contract or other serious incidents - to be determined by FashionUnited - FashionUnited has the right to disable the granted service(s) permanently or for a specific amount of time. The client will be notified in writing. In case of a payment that is due for 3 (three) months after invoicedate of the first related month, FashionUnited has the right to assign a bailiff office. The collection costs including the overdue payment plus legal interest will be charged by FashionUnited to the client.

3. Client undertakes to respect the International laws and treaties on Copyright. Client shall not upload any content to the FashionUnited server of which Client is not sure he/she is the copyright holder.

4. All service(s) granted by FashionUnited to client may only be used for legitimate purposes and may not be in conflict with Dutch and / or International law. FashionUnited takes no responsibility for the information posted by the client through his / her account. Client is solely responsible and liable for any information that is installed on the FashionUnited server. The scope and content of all text and images may under no circumstances be pornographic, discriminatory on race, sex or offensive in any other way, which is to be determined by FashionUnited. If the above cases apply, FashionUnited reserves the right to delete the offered texts and/ or images immediately, on its own initiative and without further explanation to the client. Warez sites, MP3 sites and / or other sites with illegal software are NEVER allowed.

5. Client hereby declares to never hold FashionUnited to be accountable for any claims and / or compensation arising from activities mentioned above. Client obliges to promptly notify FashionUnited if the client receives claims arising from activities of the client on the Internet. This responsibility does not cease after the termination of any Agreement between FashionUnited and the client..

6. Client hereby declares to never hold FashionUnited to be accountable for any failure of the server and / or loss of data or loss of income due to technical or other malfunctions. (Continued) loss is never deductable. FashionUnited shall keep its network up-to-date to prevent technical or other failures as much as possible. The maintenance of the server and additional connections are provided by third parties. Without prior notification, third parties may work on FashionUnited equipment in public interest. FashionUnited will try to shorten the period needed for maintenance as much as possible, but this relies on force majeure and FashionUnited is therefore never liable for damage.

7. FashionUnited VIP members can post unlimited vacancies on the fashion platform FashionUnited. Also members can send unlimited news articles for inclusion in the newsbank for fashion. After editorial review these articles might be published on a relevant homepage and/or in a relevant newsletter.

8. At FashionUnited it is not allowed to send unsolicited e-mail (called SPAM). If FashionUnited receives complaints on SPAM from third parties, FashionUnited may, without any notification to the client, delete his/her files from the FashionUnited server. The subscription of the relevant calendar month must be fullfilled to the date the customer is terminated.

9. The use of scripts and other programs on the FashionUnited servers is permitted, provided that the optimal operation of the FashionUnited servers is not at risk. Risk factor is to be determined by FashionUnited.

10. The client is obliged to pay the invoice for rendered services within 14 days from invoice date. If the client has not paid within the above period, access will be suspended until payment is received by FashionUnited. In this case FashionUnited will charge the client for 15 euro, being administration fee.

11. The client undertakes to the contract with FashionUnited for webspace counted for at least 12 months from date of activation on the account. An agreement can be terminated in writing - with a notice period of at least 1 calendar month. Without cancellation in writing the contract is automatically renewed after 12 months. Any agreement - giving effect to the foregoing - can be terminated by both parties. If the client received an invoice with a period longer than 12 months, the agreement applies to a fixed contract. This Agreement is entered for the specified period and is irrevocable. Redemption and restitution of not yet matured monthly payments is not possible. Internet resources are often based on High-tech electronics and communications technologies. Technical failures or at any time unavailability of Internet facilities in the broadest sense can therefore never lead to retroactive return of subscription fees. One-time payments of so-called Domain Registrations are never to be recovered. For the timely re-register of a domain, the client is responsible at all times.

12. Web design, domain registration, installation costs and the integration of web-sites will be charged to the client at the prevailing rate within the prescribed period and must be paid within the set period.

13. All amounts in this Agreement are exclusive of the applicable tax rate.

14. Dutch law applies to this Agreement. These conditions will be interpreted by Dutch law. Should one or more terms of this agreement be not valid for the law, the other terms remain valid.

15. Fair Use Policy (FUP).
For the use of the FashionUnited Career Centers a Fair Use Policy (FUP) is applicable. This means that there are no direct restrictions for fashion companies that use the job bank for their business, provided that their use of the FasihonUnited Career Center falls within the reasonable use of the vacancy bank, and that the use does not exceed the average use within the FashionUnited Career Centers. FashionUnited reserves the right to reject ads on the vacancy bank. Advertisers should reimburse any costs that FashionUnited has to make arising from placements of advertisers at market prices. FashionUnited is not responsible for the consequences ads (might) cause, directly or indirectly, as this is the full responsibility of advertisers and/or clients.

16. These terms and conditions are an unconditional part of the agreement between the client and FashionUnited. Mentioned criteria are binding and imperishable. Additional terms and / or new conditions may be attached by FashionUnited at any time. New and / or amended terms overwrite all general conditions with a previous modification date. Conditions will be sent to clients, on the client's request.

Amsterdam, september 2005.