Version: 24-07-2025
Terms and Conditions
These Terms and Conditions consist of two parts:
General Provisions
Additional Provisions regarding Branded Content
1. Definitions
The following terms, capitalized in these Terms and Conditions, have the meanings given below:
Applicant: An authorized representative acting on behalf of the Advertiser and accepting these Terms and Conditions.
Advertiser: Any (legal) person who, directly or through an authorized representative, enters into a collaboration with NextDay.
Advertisement: Any commercial communication distributed via Printed Media or via Audiovisual and Digital Media, including but not limited to branded content, banners, spots, and sponsorship mentions.
Terms and Conditions: These terms of NextDay, including any Special Terms.
Audiovisual and Digital Media: Including but not limited to television, streaming services, podcasts, mobile apps, and other digital distribution channels.
Branded Content: Content developed by NextDay in collaboration with advertisers in which the brand identity is an integral part of the message, outside traditional commercial breaks.
Branded Content Contract: A contract between the Client and Mediahuis for the production of Branded Content.
Digital Platform: Websites, apps, and other digital environments operated or managed by or under the direction of NextDay and/or PXR.
Printed Media: Physical or digitally distributed newspapers and magazines.
NextDay: NextDay Advertising B.V., the creative and commercial media partner, located at Joop Geesinkweg 909, 1114AB Amsterdam-Duivendrecht (Chamber of Commerce: 27157678).
Non-Spot Advertisement: Advertising outside regular commercial breaks, such as overlays, billboards, product placement, or other forms of branded content.
Online Advertisement: Commercial communications such as banners, pre-rolls, social ads, or interactive formats on digital channels.
Agreement: Any written arrangement between NextDay and the Advertiser, including rates, specifications, and these Terms and Conditions.
Technical Specifications: The delivery specifications published on www.nextday.media.
Confidential Information: All information designated as confidential, including rates, strategies, client data, and trade secrets.
2. Applicability
2.1 These Terms and Conditions apply to all proposals, media solutions, and agreements between NextDay, the Agency, and/or the Advertiser.
2.2 In case of a conflict between documents, the following order of precedence applies:
The Agreement,
Agreed Special Terms,
Rate Card,
The most recent Terms and Conditions.
2.3 Only deviations agreed in writing are valid.
2.4 These Terms also apply to future collaborations.
2.5 The invalidity of any provision does not affect the validity of the remaining provisions.
2.6 These Terms are available at www.nextday.media, and questions can be directed to info@nextday.media.
2.7 For programmatic campaigns, specific terms under “Ad Manager” apply.
3. Request & Scheduling
3.1 Requests for media campaigns via audiovisual or digital channels must be submitted in writing via email.
3.2 The request must include the details of both the Applicant and the Agency/Advertiser.
3.3 After review, NextDay will send a proposal with a schedule and rates. The agreement is only binding after a signed order confirmation.
3.4 The agreement starts on the commencement date and remains in effect until the end date, unless terminated earlier in accordance with the agreement.
3.5 In case of doubts about creditworthiness, an additional security deposit may be required.
3.6 Non-payment or breach of contract entitles NextDay to suspend or cancel placement.
3.7 The project schedule is prepared by NextDay in coordination with the Agency/Advertiser. Changes are made in consultation and require written approval.
3.8 The Agency/Advertiser is responsible for timely and correct delivery of input and adherence to the schedule.
3.9 NextDay reserves the right to reject material that conflicts with the law, our editorial guidelines, or our brand values.
4. Delivery & Technical Requirements
4.1 Content must be delivered in accordance with the Technical Specifications published on www.nextday.media.
4.2 The Advertiser is responsible for timely and correct delivery.
4.3 Content that does not meet the technical requirements may be rejected without obligation. In such cases, the Advertiser will be informed and, where possible, given the opportunity to correct and resubmit within a reasonable timeframe. If no correction is made, NextDay reserves the right to cancel placement without further obligations.
4.4 NextDay is not liable for signal loss or interruptions, unless due to intent or gross negligence (such as willfully ignoring clear risks or persistently failing to fulfill essential duties of care).
5. Feedback & Acceptance
5.1 One feedback round per item is included, unless otherwise agreed in advance.
5.2 Feedback must be provided within 1 business day in one consolidated document. If more time is needed, this will be mutually agreed.
5.3 NextDay will process reasonable comments within 2 business days.
6. Cancellation & Postponement
6.1 Branded Content (online & video), advertorials, and advertisements
Cancellation up to 60 days before publication: 10% of the agreed amount will be charged.
Cancellation between 60 and 30 days before publication: 50% of the agreed amount will be charged.
Cancellation within 30 days before publication: 100% of the agreed amount will be charged; cancellation is no longer possible.
6.2 Display campaigns (banners and other online expressions)
Same cancellation terms as in 6.1 apply.
6.3 Print advertisements
After the delivery deadline for print material communicated by NextDay, cancellation or postponement is no longer possible. Until that time, the terms in 6.1 apply.
6.4 Postponement
Postponement is only possible in consultation with NextDay and requires written approval. Additional costs may apply.
6.5 Suspension by NextDay is possible in case of compelling circumstances.
6.6 Collaboration may end in case of bankruptcy or legal change of the Agency/Advertiser.
6.7 Changes in the media offering do not affect existing contracts.
7. Placement
7.1 All broadcast times are subject to change and serve as a guideline. NextDay reserves the right to modify these times. Such changes do not entitle the Advertiser to compensation or create liability.
7.2 Specific placement within breaks or positions is possible for an additional fee. Allocation is based on availability and order of request. In case of changes, a comparable position will be assigned if necessary.
7.3 Print placements are determined based on the applicable rate card.
8. Content & Responsibility
8.1 One advertisement = one brand or service.
8.2 Mentioning or showing other brands, sub-brands, partners, or products in content (such as in text, image, audio, or video) is only allowed with prior written approval from NextDay.
8.3 The Agency/Advertiser is responsible for input and clearance of all used material.
8.4 The use of the NextDay brand name is not permitted without approval.
8.5 All media rights must be arranged by the Agency/Advertiser.
8.6 NextDay may reject material that could harm the brand or its editorial vision.
8.7 Custom solutions are possible for specific target groups.
8.8 Spot length affects the rate.
8.9 The language of the advertisement must match the distribution channel.
8.10 Signing the agreement grants NextDay an exclusive, worldwide license to use and publish the provided material for the duration of the collaboration plus 12 months thereafter, unless otherwise agreed in writing. The Advertiser retains no right to use the material during this period, unless otherwise agreed in writing.
8.11 The quality of media channels is not an automatic ground for free cancellation of the agreement. Technical defects do not entitle termination, unless they are so severe that performance can no longer reasonably be expected from NextDay. In such case, the parties will seek an appropriate solution in good faith.
8.12 NextDay may propose alternative formats to improve reach or impact.
9. Digital Platforms
9.1 Online advertisements are placed on platforms owned or managed by NextDay or affiliated publishers.
9.2 NextDay does not guarantee specific placement or performance unless agreed in writing.
9.3 The Agency/Advertiser is responsible for supplying materials in accordance with the Technical Specifications.
9.4 Advertisements containing tracking or external scripts must comply with privacy laws (such as GDPR).
9.5 The Advertiser will be credited on the title and end cards of videos with name and logo.
9.6 In captions of social posts, the Advertiser will be tagged.
9.7 Content will be published, depending on the title, on platforms such as websites, YouTube, Instagram, Facebook, TikTok, or as otherwise agreed.
9.8 Fraudulent traffic (bot traffic, click farms, etc.) will be excluded from reports.
9.9 For content that links to an external website, the Advertiser is responsible for the functioning of that site and its compliance with laws and regulations.
10. Rates & Payment
10.1 Applicable rates are stated on the official rate card or in the order confirmation.
10.2 All amounts are exclusive of VAT unless otherwise specified.
10.3 Invoicing occurs 50% upfront upon signing the order confirmation, and 50% after the campaign ends, unless otherwise agreed.
10.4 Payment term is 14 days from the invoice date.
10.5 In case of late payment, statutory commercial interest applies per month, and collection costs (minimum €150) are borne by the Agency/Advertiser.
10.6 Disputes about an invoice must be submitted in writing within 10 working days.
10.7 Discounts granted in connection with a campaign lapse in the event of cancellation or non-payment of (part of) the invoice amount. In such cases, NextDay reserves the right to suspend ongoing performance until full payment is made.
10.8 For campaigns worth €100,000 or more, or productions with high external costs (such as video, influencers, or events), NextDay may require a (partial) advance payment. The amount and timing of such advance will be agreed in writing in advance.
11. Intellectual Property
11.1 All intellectual property rights to formats, content, and creations developed by NextDay remain with NextDay, unless explicitly agreed otherwise in writing.
11.2 Use of NextDay-developed content is limited to the Netherlands and Belgium, within the agreed duration and channels. For use outside these territories, prior written consent is required.
11.3 Reuse or adaptation of branded content requires prior written approval, which may be subject to additional terms or costs.
11.4 The agreement may not be transferred without written consent from NextDay.
12. Liability
12.1 NextDay is not liable for indirect damages such as loss of revenue, missed opportunities, or reputational damage.
12.2 In the event of direct damage, NextDay’s liability is limited to the invoiced amount for the relevant campaign, with a maximum equal to the separately specified media portion. Production or third-party costs are not included unless otherwise agreed.
12.3 NextDay is not responsible for errors caused by third parties, technical malfunctions, or force majeure.
12.4 The Advertiser indemnifies NextDay against third-party claims arising from the content or placement of material, provided such content was approved in advance by the Advertiser.
13. Confidentiality
13.1 Both parties are obliged to maintain confidentiality regarding all confidential information.
13.2 This obligation continues after termination of the collaboration.
13.3 Confidential information may only be shared with employees or external partners who require it for the execution of the agreement, provided such third parties are bound by a written confidentiality obligation at least equivalent to this agreement.
14. Termination
14.1 The collaboration may be terminated in writing (by email or registered letter) in case of a serious breach of the agreement, provided it is not remedied within 10 working days after written notice of default.
14.2 NextDay may terminate immediately in case of:
Breach of Article 6.2 or Article 13 (confidentiality),
Reputational damage to NextDay or its network.
14.3 In case of bankruptcy, seizure, or insolvency of the Advertiser, the agreement may also be terminated immediately.
14.4 In the event of cancellation of a series or event, only the remaining portion of the investment will be refunded. Costs for executed parts, preparations, or existing commitments will be deducted and specified.
15. Force Majeure
15.1 In case of force majeure, obligations may be temporarily suspended or canceled after 1 month.
15.2 Examples include war, pandemics, fire, and government measures.
15.3 Application of Article 6:258 Dutch Civil Code is excluded, unless there are structural, long-term, or significant circumstances beyond the control of both parties, making continuation of the agreement unreasonable under principles of fairness.
16. Privacy
16.1 Both parties act in accordance with the GDPR.
16.2 For the exchange of personal data, the B2B Data Protection Terms apply (see www.nextday.media).
17. Final Provisions
17.1 Dutch law applies to these Terms and Conditions.
17.2 Disputes will preferably be resolved amicably. If not possible, the competent court in Amsterdam will decide.
17.3 In case of force majeure (strikes, pandemics, technical malfunctions, etc.), NextDay may temporarily suspend its obligations.
17.4 These Terms may be amended periodically. The most recent version is always binding.
17.5 Questions? Contact us via info@nextday.media.
2. Additional Provisions Regarding Branded Content
18. Responsibilities of NextDay
18.1 The agreed “return” will be delivered as specified in the campaign briefing or order form.
18.2 Brand use of the Advertiser will only take place within the agreed context.
19. Responsibilities of the Advertiser
19.1 The Advertiser shall ensure that all information and documentation relevant to the production of Branded Content — including, but not limited to, product, location, and service details — and which NextDay indicates, or which the Client should reasonably understand, are necessary, are provided in good condition and on time to NextDay.
19.2 The Advertiser shall be insured against potential damage claims. NextDay may request proof of such insurance.
20. Sponsorship
20.1 Sponsorship will be executed in accordance with the briefing. Editorial control, scheduling, and direction remain with NextDay.
21. Intellectual Property
21.1 All intellectual property rights to the Branded Content are vested in NextDay and its licensors, unless explicitly agreed otherwise. If such rights can only be obtained through filing or registration, only NextDay is entitled to do so, and the Advertiser shall, where necessary, cooperate.
21.2 NextDay, or one of its licensors, is at all times entitled to have its name included on or removed from the Branded Content. The Advertiser may not, without prior consent, publish or reproduce the Branded Content without the mention of NextDay’s name.
21.3 Costs for obtaining third-party licenses for the use of the Branded Content — such as fonts, software, corporate identity elements, photos, videos, stock images, and compositions — are borne by the Advertiser.
22. Product Placement
22.1 Editorial independence is paramount.
22.2 Direct encouragement to purchase is not permitted. Additionally, attention to one brand may not be so dominant that other brands within the campaign are significantly disadvantaged or ignored.
23. Sponsorship Mentions
23.1 The Advertiser guarantees that content complies with applicable laws and regulations.
23.2 NextDay reserves the right to reject or adjust content if there are doubts about suitability or compliance with substantive and legal standards. In the event of adjustments, NextDay will inform the Advertiser and, where possible, consult before implementing changes.
24. Indemnity
24.1 The Advertiser indemnifies NextDay and any third parties engaged by NextDay against all third-party claims:
- a) arising from the Advertiser’s use of the Branded Content, other than the agreed use; and
- b) relating to (intellectual property rights to) materials or data provided by the Advertiser in connection with the production of Branded Content.