General terms and conditions

APPLICABILITY

Unless otherwise agreed, all actions, services and agreements by or with Misflits, of which the person in charge is Sofia Van Nuffel with company number 0871.544.703, are subject to these general terms and conditions. By placing an order, the customer declares to know and accept the provisions of these general terms and conditions. The customer waives the application of his own general (purchase) conditions. An agreement is only concluded after written confirmation by Misflits and Sofia Van Nuffel. The execution’s beginning is considered a confirmation unless it is done with a reservation.

ETHICS

Misflits is an ambassador of cultural, ethnic and religious values and tolerance. Misflits expects all of its co-workers and possible employees, as far as possible and feasible, to observe green policies and practices within the framework of its daily operation. Discrimination on the basis of color, age, gender, sexual orientation, ethnicity, disability, religion, political preference, union membership or marital status, among others, will not be tolerated. Misflits expects any of its (independent) employees to think, speak, act and behave in a manner consistent with the dignity of a caring and considerate professional at all times respecting the laws of the country or host country, local culture, traditions, customs and practices treating all project stakeholders with respect, courtesy and consideration not engaging in acts of sexual violence, respect the environment, including flora and fauna, and show the utmost discretion when dealing with confidential information of both the client and/or stakeholders and the project itself.

CONTRIBUTIONS, SUBSCRIPTIONS AND CANCELLATIONS

Misflits.eu is an independent news platform in English for European cross-border projects and to stimulate collaboration. You can become a premium subscriber or a funding supporter at any time.

This is a platform with both free and paid content. Please read carefully before making an order, becoming a premium subscriber, or a funding supporter. You can find all information about these formulas on the website-related pages.

Contributions via the Misflits.eu website and the connected (sub)sites go through the Paypal payment system and GoCardless. These are known as external and reliable online payment services which, like any system, might have their shortcomings. Misflits.eu is not responsible for any shortcomings or errors in this system and the damage caused by it. If you do experience this, you can always check with Paypal or GoCardless to see if a payment went through correctly. In addition, always report this via our communication service, so that we can follow up together with you.

Contributions for longer articles: Misflits.eu also offers longer articles on its website. You can receive these via the newsletter for a monthly fee by subscribing as a funding supporter. Here you can opt for a recurring payment. You can find three formulas to become a supporter, want to know more?

Please note! A payment is always a prepayment and cannot be claimed back. A cancellation always happens in the month following your cancellation. Paid contributions, donations, and subscription fees are, except for human errors, never refunded. Always read carefully before purchasing anything!

COMPLAINTS

Complaints are only valid if made in writing, within eight days after delivery, and in any case before use, under penalty of lapse of the complaint. All information which Misflits.eu makes available with an image, creative image, or through an article is always subject to errors, mistakes, or wrong information given by the person discussed. Pictures or audiovisual productions on the website of Misflits.eu are purely informative and in no way binding. We don’t publish pictures or images without the prior consent of the artist or photographer. In some cases, we use pictures without copyright, which are freely available on the internet. If you do notice any infringement, please report it as soon as possible to our communication service. Complaints about any content published on the website or (sub)sites should be made in the first instance via our communication service. If the complaint is justified, we will make every effort to rectify it as soon as possible on the website or (sub)sites. If the complaint proves to be unfounded, no action will be taken.

The owner of misflits, its subsites and sister website are members of the VVJ (Belgium) and the VVOJ (The Netherlands) and WAN -INFRA (Worldwide). If the complaint cannot be solved, the legal department of the VVJ can be contacted.

INTELLECTUAL PROPERTY

Except for the intellectual property rights which belong to Misflits.eu and its (sub)sites, the customer will indemnify and protect Misflits.eu for all claims resulting from any infringement by the customer of patents, licenses, trade and industrial secrets, copyrights, personality rights, drawings and models which are claimed by third parties when delivering articles by Misflits.

The intellectual property rights with respect to the order of articles to be delivered, based on a design of Misflits.eu will be exclusively owned by her unless otherwise agreed upon in writing. Misflits.eu is at all times entitled to sign her work and/or to mention her name on the article, on the product or in the general/colophon of a publication or on an announcement. Unless otherwise agreed upon, Misflits.eu has the right to use all illustrations, photos, and creative images belonging to a published article for promotion, among others on her own website and (sub)sites or other websites and Social Media channels via Facebook, Instagram, Twitter and LinkdIn. The mention of the artist, illustrator, photographer, or source must always be accompanied by the copyright symbol. The customer or reader is only allowed to share the articles, make them public or distribute them for general benefit. In no way it’s allowed to copy, quote (parts of), or resell articles without the prior written consent of the owner of Misflits.eu and (sub)sites. It’s also not allowed to take illustrations, photos, creative images, or poems from this website and (sub)sites and share or copy them without written permission from the owner of this website and (sub)sites, Misflits.eu and/or the mentioning of the artist, photographer, illustrator or author which is attached to the article. When written permission is given, the name ©Misflits and/or the name of the artist, photographer, illustrator, or author must always be mentioned along with the copyright symbol.

LIABILITY AND INSURANCE

The articles delivered by Misflits conform to the standards and practices of care, skill, and diligence usually employed by similar enterprises under similar circumstances at the time of publication and conform to the agreed specifications and requirements stated in a written or oral agreement. Misflits publishes according to truth, honor and conscience and always strives for honesty. Should an error be noticed or made, we believe it to be unintentional. If you are convinced that we have made a mistake, we ask you to contact us personally in the first instance (see point 4. Complaints). If you are of the opinion that we have made a deliberate mistake and we do not wish to correct it, you will have to be able to prove by our mutual e-mail traffic or correspondence, that there was an attempt at consultation and agreement. We place great importance on integrity, respect, human dignity, and personal privacy. If you make unjustified accusations or inhumane comments or reactions, we will deal with these firmly. These will immediately be asked to be removed or retracted. Misflits will only be liable for direct damage which is the direct and necessary consequence of its gross negligence, serious error, or intent in the context of the publication of articles. Under no circumstances can it be held liable for indirect damage such as loss of profit, loss of clients, any form of interest, or (collection) costs.

CONFIDENTIALITY

All information (including documents, files, images, presentation decks or methods, creative images, illustrations, software, financial information, client information …), of whatever nature, in whatever way made available through Misflits.eu and (sub)sites, is and will remain the property of the party who originally possessed the information; will be treated with confidentiality by the other party and will in no way be communicated or disclosed to a third party without the prior written consent of the owner; will only be used for the purpose for which it was made available and will be returned at the first request of the owner. We value privacy, both for our sources, employees, interviewees, readers, and customers. In no way will personal information and personally shared info be made public, if this was previously agreed upon. Our privacy policy can be consulted here.

EARLY TERMINATION AND FORCE MAJEURE

Either Party may terminate performance of the Order prior to delivery or acceptance by giving written notice to the other Party if the other Party has committed an act that constitutes dishonesty, disloyalty, corruption or fraud, if the other Party commits gross negligence, deliberate misconduct, lacks professional or ethical conduct in relation to the performance or if the other Party breaches a material term or condition and fails to rectify the situation within 10 days of receiving a written request to do so; if a force majeure event continues for more than 1 month and the Parties have not been able to find an appropriate solution, with immediate effect if the other Party becomes insolvent or bankrupt or makes a transfer or other arrangement for the benefit of its creditors. Neither Party shall be liable for non-compliance with its obligations (save for the payment of any amounts due) when such non-compliance is due to causes beyond its reasonable control, such as, but not limited to, fire, flood, strikes, social unrest, war (whether declared or undeclared), embargoes, blockades, legal restrictions, governmental regulations.

Termination shall be without prejudice to any rights that either Party may have in respect of any breach by the other Party of any of the provisions where such breach occurred prior to termination.

NULLITY, APPLICABLE LAW AND DISPUTES

These general terms and conditions of purchase as well as their application in the execution of orders or deliveries of goods are governed by Belgian law. All disputes arising in this connection that cannot be settled amicably between the Parties shall be submitted to the courts of Brussels, Belgium.