GENERAL CONDITIONS OF SUBSCRIPTION

GENERAL PROVISIONS 

1. These general terms and conditions define the rights and obligations of the parties within the framework of the services delivered by Auxipress, as better defined hereafter, ordered by the subscriber. 

2. The subscription begins at the earliest, without retroactive effect, on the day of receipt of the duly signed order form. All subscriptions are valid for the duration indicated on the order form and until written termination by the client no later than 3 calendar months before its expiration. Our prices are indexed annually on
1 December, based on the evolution of the consumer price index published by Statbel on 1 September. For 1 December 2024, the applied indexation is 3%. 

3. In the absence of such written termination, and to avoid a temporary interruption in press monitoring or audiovisual surveillance, the subscription is automatically renewed at the rate in force on the renewal date, and for the same duration. 

4. Only orders recorded on the order form are valid. 

5. Administrative costs (postage, handling, and shipping) are borne by the subscriber. Shipments are made at the subscriber’s risk without the possibility of compensation. Auxipress’s unintentional omissions in press or audiovisual monitoring cannot be considered as a faulty non-performance of its obligations. Media monitoring cannot be fully automated or computerized but is performed by specially trained readers. The nature of our services does not guarantee a 100% error-free service. However, experience shows that we achieve an average article detection rate of at least 90%. Similarly, Auxipress ensures, under a best-efforts obligation, to respect agreed delivery deadlines but cannot be held responsible for delays due to late publication or receipt of newspapers or information from publishers, communication or transmission system failures, or more generally, cases of force majeure or unforeseen circumstances. 

6. The signatory of the order form is solely responsible for the payment of the amounts due, even if the billing address differs. 

7. To be valid, any remarks or complaints regarding the invoice must be sent by registered mail no later than 8 days after receipt. 

8. Applicable rates are those stated in the offer made to the client or, failing that, are Auxipress’s rates in force at the time of the order, which the client acknowledges having reviewed in the provided documentation. Auxipress reserves the right to modify these rates with prior notification to the subscriber. 

9. Our invoices are payable within 30 days from the invoice date. In case of non-payment by the due date, the amount will automatically be increased by a flat-rate compensation of 15%, with a minimum of €100. Furthermore, any unpaid invoice will automatically incur a fixed and irrevocable interest rate of 1.5% per month of delay and result in the suspension of the subscription. Services are provided and invoiced by Auxipress. All our prices are exclusive of VAT. 

10. Auxipress reserves the right to terminate a contract if a client no longer respects or clearly breaches the Auxipress Principles Declaration (see below). In such cases, termination will follow a thorough assessment of the client’s adherence to the stated principles, with prior notice given to the client. 

11. “Auxipress” refers, as applicable, to either S.A. Auxiliaire de la Presse, abbreviated as “Auxipress,” headquartered at Boulevard du Souverain, No. 25 Box 8, B-1170 Brussels (Company Number 0403 529 995), or S.A. Euro Argus Bureau d’extraits de Presse européenne, abbreviated as “Euro Argus,” headquartered at the same address (Company Number 0413 900 681). 

The Brussels courts have exclusive jurisdiction over any disputes, and Belgian law exclusively applies. In case of changes to applicable regulations, the parties agree to comply with the new provisions in force. 

SPECIAL TERMS FOR MEDIA DATA ACCESS 

“Data” refers to all articles, photos, videos, drawings, infographics, and information tables. 

Auxipress limits data availability to three unique physical persons per client who have entered into a contract, with each identified person’s access subject to secure and individual authentication (e.g., an individual username and password) that cannot be used simultaneously on more than two devices. 

Each additional user beyond these initial three persons per client must obtain prior usage rights from License2Publish or Copiepresse, subject to applicable fees. 

Auxipress clients agree not to download, license, or distribute the data provided in any way. 

However, intermediaries (such as PR agencies) are authorized to offer Auxipress services to an end client, provided that: 

If an Auxipress client requests data for use in a legal proceeding, Auxipress may exceptionally offer a download option no sooner than 24 hours after its publication, provided the client demonstrates the necessity of the download. 

Users with access to the data must agree to keep their authentication data (individual username and password) confidential and not share them with others. Failing this, Auxipress will cease data provision after notification within 24 hours. 

If Auxipress clients wish to use the data in any other way or form than mentioned above, a specific license must be obtained in advance from License2Publish or CopiePresse. This particularly applies to commercial use (e.g., reproduction in a magazine, book, or annual report, use for advertising purposes, etc.), scanning, reproduction on digital media, reproduction via the Internet, reproduction via an extranet or intranet, reproduction in an online newsletter, reproduction via email (internally or to third parties), etc. 

Auxipress communicates the number of data items made available to different users quarterly to License2Publish and CopiePresse. The royalties owed to them are calculated based on this data. 

SPECIAL SUBSCRIPTION TERMS FOR RADIO/TV 

1. Monitoring of advertising spots and program credits is not included in the subscription. 

2. Auxipress reserves the right not to transmit certain information due to agreements it may have with broadcasters. Auxipress’s liability cannot be sought in cases of non-transmission or partial transmission of radio and TV programs, breakdowns or strikes at cable distribution companies, technical failures of monitoring equipment, or more generally, in cases of unforeseen circumstances or force majeure. 

3. Auxipress reminds its subscribers that they may only use documents, photographs, audio, or video recordings, which may be subject to intellectual property rights (copyright, neighboring rights, etc.), for internal use within the company or institution they represent and in compliance with the intellectual property rights of the rights holders. 

Any other reproduction or public communication, in any form and even free of charge, requires prior authorization from the rights holders and/or broadcasters, which the subscriber must obtain under their own responsibility. 

DECLARATION OF PRINCIPLES – CODE OF ETHICS 

1. Commitment to ethical principles.
Auxipress adheres to rigorous ethical principles, including respect for human rights and combating racism and xenophobia. 

2. Contract termination due to non-compliance with ethical principles by clients or their leaders.
If Auxipress has evidence or reasonable grounds to believe that its client, or one of its executives or representatives, has been convicted of violating human rights, racism, or xenophobia, Auxipress reserves the right to immediately terminate the ongoing contract without prejudice to its legal rights and remedies. 

3. Effects of termination.
In the event of contract termination under this clause, Auxipress will not be held responsible for damages, losses, or liabilities resulting from the termination. The client remains responsible for all payments due under the contract up to the termination date. 

GENERAL TERMS – GDPR 

Article: Processing of Personal Data 

AUXIPRESS processes the following personal data relating to its clients and potential clients: 

AUXIPRESS processes this data to: 

  1. Inform clients and potential clients about AUXIPRESS products and services; 
  1. Manage client relationships. 

This personal data processing is necessary: 

  1. For the performance of the contract to which the client is a party or for the execution of pre-contractual measures requested by the potential client; 
  1. For the legitimate interest pursued by AUXIPRESS: informing clients and potential clients about the company’s products and services. 

AUXIPRESS may communicate clients’ and potential clients’ personal data to: 

Personal data will be retained for a maximum of 10 years after the end of the contractual relationship. 

Clients and potential clients have the right to request from AUXIPRESS: 

Clients and potential clients are not obligated to provide this personal data and also have the right to object to its processing. This may result in the non-performance of the contract, in whole or in part, without AUXIPRESS being held responsible. 

The rights guaranteed to the client and potential client by this provision must be exercised under the conditions and forms provided by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals regarding the processing of personal data and the free movement of such data. 

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