GENERAL CONDITIONS OF SUBSCRIPTION – GENERAL TERMS
- The present general conditions regulate the rights and obligations of the parties in the scope of the delivery by Auxipress of the services ordered by the subscriber, as defined hereafter.
- The subscription becomes effective at the soonest the day of reception of the order form duly signed, without retroactive measures. Every subscription is valid for the length of time indicated on the order form until written renunciation of the customer, at latest 30 days before its expiration. Our prices are indexed annually according to the evolution of the consumer price index published by Statbel on the 1st of September.
- Without any written renunciation and in order to avoid a momentary interruption of the press reading or of the audiovisual monitoring, the subscription is automatically renewed, according to the rate in force at the date of renewing, and for the same length of time.
- Only the orders on the order form are valid.
- The administrative costs (postal, handling and delivery fees) are borne by the subscriber. The delivery occurs at the risk of the subscriber, without any possibility of compensation. Involuntary omission of Auxipress, in the monitoring of the press or of the audiovisual news, cannot be considered as a faulty nonfulfillment of the obligations on its charge. The monitoring of media can indeed not be fulfilled on automated or computerized way, but by readers who have followed a special training. The nature of our services does so not allow guaranteeing a hundred percent failure-free service. However, the experience learns that we reach an average level of location of minimum ninety percent. Likewise, in the scope of obligation of means, Auxipress makes sure that the agreed delivery periods are respected, but cannot be considered as responsible for a late delivery because of a late publication or a late receiving of newspapers or information from the editors, of a defection of the communication systems or sending, or, more generally, of a fortuitous case or act of God.
- The subscriber of the order form is the only responsible for the payment of the sums owned, even if the invoicing address is different.
- All remarks or complaints relating to the invoice must be send by certified mail no later than within 8 days following reception.
- The applicable rates are those that are featured on the offer made to the customer, or, for lake, are the current Auxipress rates in the time the order has been made and that the customer recognized he has had knowledge on the documents he received. Auxipress reserves the possibility to change the rates by prior notification to the subscriber.
- Our invoices are to be paid cash 30 days after the invoice date. In case of non-payment when due, the sum of the invoice will automatically increase by 15% with a minimum of 100 €. Moreover, every invoice unpaid will rightfully produce an irreducible fixed interest by 1,5% per month of delay and the suspension of the subscription. The services are provided and are invoiced by Auxipress. All our rates are VAT excluded.
- « Auxipress » stands for S.A. Auxiliaire de la presse, in brief « Auxipress », whose registered office is located Chaussée de Wavre, n° 1945 à B-1160 Bruxelles (Enterprise number: 0403529995), or S.A. Euro Argus Bureau d’extraits de presse européenne, in brief « Euro Argus », whose registered office is located Chaussée de Wavre, n° 1945 à B-1160 Bruxelles (Enterprise number: 0413900681).
Only the courts of Brussels are competent in every complaint. They exclusively apply the Belgian right.
PARTICULAR CONDITIONS OF SUBSCRIPTION WRITTEN PRESS
- Primary use: Auxipress want to draw subscribers’ attention to the fact that most of the news items are protected by copyright. Auxipress negotiated with many editors license agreements in order to allow (1) Auxipress to offer to its customers the service of sending of photocopies, fax or sending per email of the electronic version of the articles’ text published in paper editions of the publication, and (2) for its customers to receive, per post, fax or email this articles or articles’ copies.
- Secondary use: The subscriber undertakes and guarantees under his own responsibility that he will respect the applicable copyright rules relating to the photocopy or the redistribution outside and/or on his intranet of articles’ copies by using the articles and articles’ copies received from Auxipress. Except as otherwise agreed by the law and except the copies authorized by Reprobel, these secondary uses of the articles by the subscriber must be authorized by the editors or their representatives. According to the accords with the editors, Auxipress is bound to forward to the editors or to their representatives the subscribers’ name who have placed an order by Auxipress for (according to the case) electronic services, photocopies or faxes, to the exclusion of specific data’s relating to the order of the subscriber such as keywords, searched subjects, etc., which remains confidential. Therefore the editors can invite the subscriber or their representatives to conclude a license deal in order to cover the secondary uses done by the subscriber and uncovered by this text.
- The newspapers and editors list belonging to the application field of the license contracts concluded by Auxipress and the conditions of these licenses are open to be modified in the future. Consequently, Auxipress reserves the possibility to adapt its services, with prior notification to the subscriber.
PARTICULAR CONDITIONS OF SUBSCRIPTION RADIO/TV
- The monitoring of advertising spots and the generics of broadcastings are not included in the subscription.
- Auxipress reserves the right to not ensure the transmission of some information in accordance with the conventions that it could have signed with the distributors. In any case the responsibility of Auxipress cannot be searched in case of broadcasting or nonbroadcasting or partial broadcasting of the radio and TV programs, in case of breakdown or strike of the broadcast societies, in case of technical blackout of the monitoring tools and, more generally, act of God.
- Auxipress stresses the fact that the subscribers can only use the documents, pictures, audio/visual recording that can be the subject of intellectual property rights (copyrights, neighbour rights) in the scope of intern using in the enterprise or the institution they represent, respecting the intellectual rights of the rights holders. Every other reproduction or communication in public, whatever the reason may be or even free of charge, is subjected to the prior authorization of the rights holders and/or the broadcasters that the subscribers, under their own responsibility, will ensure to obtain.
PARTICULAR CONDITIONS OF SUBSCRIBTION TO PUBLICATIONS REPRESENTED BY COPIEPRESSE
The following are appliable:
« Copyright: using rules of the press contents by the customer of Auxipress ».
Accepting the delivery of the press contents, the customer of Auxipress is bound under his own responsibility to only proceed to the following uses of the contents. That means:
- For all kind of deliveries: consultation or copy for exclusively non-commercial, private or internal use within a company, for its staff and agents, by paying the relevant print rights to Reprobel;
- For electronic deliveries: (i) Consultation on a platform, an app or via an email from Auxipress or (ii) storing on one single workstation located within the company’s premises for a period not exceeding three months from the delivery day and within the limit of 3 recipients or 3 access rights per client.
Any other use or any other dissemination by Auxipress to more than three people per client requires a prior and specific authorisation obtained by the client from Copiepresse – management company mandated by the French-speaking and German-speaking newspapers publishers, save legal exceptions. Following points are concerned: the realisation of intern press reviews on electronic support, the electronic reproduction or scanning in order to constitute a database or a communication on internet (including social networks), Intranet and Extranet, the commercial using or not to extern purposes, or on documents distributed outside the enterprise, the reproducing in a newsletter, enterprise’s journal, personalised email or through mailing list or newsgroup, etc.
All useful information relating to this matter can be received from
COPIEPRESSE, rue Bara 175 à 1070 Brussels
Tel: +32 2 558 97 80 – Fax: +32 2 558 97 89 – firstname.lastname@example.org
“Personal data protection: transfer to a third party”
Auxipress transmits personal information about its contact person for each client to Copiepresse on a quarterly basis. The information contains name, surname and/or email address of the contact person. Copiepresse needs these data to get in touch with the client’s contact person to request additional information about the secondary use of the media content and, if need be, propose a licence to normalise the abovementioned secondary use. The contact person may withdraw the authorisation to transmit personal data to Copiepresse at any given time by sending an email to: email@example.com. Auxipress will immediately inform Copiepresse about the request to ensure that the personal data is erased from Copiepresse’s database. Under these circumstances, the client will see to it that a new contact person is appointed and their personal data forwarded to Copiepresse. This new contact person must be a recipient of the media content or have access to it.