GENERAL CONDITIONS OF SUBSCRIPTION – GENERAL TERMS
1. 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.
2. 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.
3. 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.
4. Only the orders on the order form are valid.
5. The 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, can not be considered as a faulty nonfulfilment 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.
6. The subscriber of the order form is the only responsible for the payment of the sums owned, even if the invoicing address is different.
7. All remark or complaint relating to the invoice must be send by certified mail at the latest 8 days following the reception.
8. 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.
9. 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% (inclusive payment) with a minimum of 100 €. Moreover, every invoice unpaid will rightfully produce an irreducible fixed interest by 1,5% per month late and the suspension of the subscription. The services are provided and invoiced by Auxipress. All our rates are VAT excluded.
10. « Auxipress » means, according to the case, 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).
11. Only the courts of Brussels are competent in every complaint. They exclusively apply the Belgian right.
PARTICULAR CONDITIONS OF SUBSCRIPTION WRITTEN PRESS
12. Primary use: Auxipress want to draw subscribers’ attention to the fact that most of the news items are protected by copyright. Auxipress negociated 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.
13. 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.
14. 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 SUBSCRIBTION TO PUBLICATIONS REPRESENTED BY COPIEPRESSE/REPROPRESS
15. 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: use them and photocopy them on a strictly private way in an enterprise for its employees or agents, paying the reprography rights to Reprobel;
- for the electronic deliveries : temporary download the deliveries to consult or to reproduce them on an unique computer located in the office of the customer during maximum three month or maximum 7 days in case of multiple deliveries, from the delivery day and eventually to make a paper copy in order to save them for archiving.
Apart frow legal exception, all other use must be subjected to a prior specific authorization given by Copiepresse, copyright management society for French- and German-speaking daily press or Repropress, copyright management company for the periodical and free Belgian press.
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, the commercial using or not to extern purposes, or on documents distributed outside the enterprise, the reproducing of 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 – email@example.com
REPROPRESS, ZI Researchpark 120 - 1730 Zellik
Tel : +32 2 558 97 50 - Fax : +32 2 558 97 58 - firstname.lastname@example.org