General Advertising Conditions Mediafin NV

Version 18 August 2020


These General Advertising Conditions are applicable to the activities of Mediafin n.v., its direct or indirect subsidiaries and departments related to advertising, hereafter collectively referred to as “Trustmedia”. Trustmedia is a department of Mediafin n.v.. The general conditions are mentioned on the website of Trustmedia (www.trustmedia.be) and can be shared with the Advertiser and/or client upon request.

1.       APPLICABILITY

1.1. The general conditions are applicable to the agreements for publication of advertisements between Trustmedia and its Advertiser and/or client (i.e. the parties included on this document). In the case that an additional party is used at a later stage, possible extra commissions are at the expense of the Advertiser. Deviations from these conditions are only possible after explicit written agreement by Trustmedia.

1.2. Op eenvoudig verzoek kan een Nederlandstalige versie van de hieronder vermelde algemene voorwaarden worden verzonden naar de Adverteerder en/of opdrachtgever (i.e. de partijen vermeld op dit document). In geval van conflict, geldt enkel de Nederlandstalige versie van deze algemene voorwaarden.

1.3. Sur simple demande, une version en français des conditions générales figurant ci-dessous peut être envoyée à l’Annonceur/au donneur d’ordre (à savoir les parties telles que mentionnées dans ce document). Toutefois, si un litige devait intervenir, la version en langue néerlandaise des présentes conditions générales prévaudrait.

2. THE AGREEMENT

2.1 All proposals and quotations by Trustmedia are without obligation and remain valid for a period of 14 days, unless explicitly specified otherwise.

2.2 Agreements come into effect (i) by signing the agreement by or on behalf of the Advertiser, (ii) by sending an order confirmation by Trustmedia, or (iii) by the factual execution by Trustmedia of a project by the Advertiser.

2.3 The starting date of the agreement is the date included in the agreement, in the confirmation, or, in absence thereof, the date on which Trustmedia start the first factual execution of the project.

2.4 The advertising possibilities and the costs are described in the rates of Trustmedia (hereafter referred to as the “Rates”). The Rates are published on www.trustmedia.be/nl/tarieven. All agreements are subject to what is stipulated in the Rates. All prices are in EURO and have to be increase with the VAT, unless explicitly mentioned otherwise.

2.5 Trustmedia holds the right at all times during the duration of the agreement to change the following things: (i) the possibilities for advertising as included in the Rates and/or the agreement, (ii) the prices, discounts and other related data in the rates and/or the agreement, and (iii) the editions, distribution areas, publication forms, as well as the publication day(s) of its titles.

2.6 The advertising space in an agreement can be expanded in accordance with the Rates valid at the time. If the Advertiser wishes to expand its advertising space, the Advertiser can request Trustmedia to do so in writing (including per e-mail). If Trustmedia agrees with the expansion, the stipulations outlined in article 2.2 in accordance are applicable. The agreement ends at the end of the agreed run time. In the case that the agreement is a once-off project for placement of an advertisement, it will end upon completion of the project. No retroactive agreements are signed.

2.7 Both parties are authorised to end the agreement, without legal interference, with immediate effect in writing, if:

a. the other party does not, not timely or not properly comply with an obligation under the agreement and fails to rectify such shortcoming within ten (10) working days after written notice of default, unless the shortcoming, given its special nature or minor significance in relation to the commitments, does not justify dissolution and its consequences.

b. the bankruptcy of the other party is accepted or the other party is declared in a state of bankruptcy;

c. the other party requests a legal reorganisation or this has been granted, or;

d. the other party ends is activities and/or is liquidated.

2.8 Provisions of these Advertising Conditions and the agreement which by their nature are intended to continue even after the expiry of an agreement, will remain in effect after the agreement between the parties has ended.

3. CHECK BY ADVERTISER

3.1 The Advertiser is obliged to check the agreement or order confirmation for correctness and completeness. In the event of any deviations from the written order of the Advertiser, Advertiser must notify this per. In the absence of such a report, the parties shall follow what is included in the communication on behalf of Trustmedia.

4. NON-USAGE

4.1 If the Advertiser has not used the agreed advertising expenditures within the term of the agreement, the right to place these unused advertising expenditures will lapse. In this case, Advertiser is required to pay the full amount corresponding to the agreed advertising spend.

5. LIABILITY

5.1 Except in the case of intent or gross negligence, Trustmedia accepts no liability whatsoever in respect of damages of any kind, which may arise as a result of non, late or incorrect placement of advertisements.

5.2 The total liability of Trustmedia due to attributable shortcoming or wrongful act is at all times limited to the amount of the fee owed by the Advertiser for the relevant advertisement. Liability for indirect damage, including in any case consequential loss, delay damage, lost profit, missed savings, damage due to business stagnation and damages due to loss of data, is excluded at all times. Any other or further-reaching liability than stated in these Advertising Terms and Conditions is expressly excluded.

6. OPTIONS, BOOKINGS AND CANCELLATIONS

6.1. General

Advertising campaigns of which the first insertion has already been done cannot be cancelled. Other cancellation(s) can be only be done in writing. In case of cancellation of an advertising campaign or an advertiser registered to an event, Advertiser is committed to always pay, in addition to the cancellation fees (outlined below), any cost(s) already made by Trustmedia at the time of cancellation.

6.2. De Tijd | L'Echo.

Booking of your advertisements in De Tijd | L'Echo is possible up to 3 working days before publication. For cancellation or change of date within 24 hours before the planned publication, 50% of the rate will be charged. For cancellation or change of date after 12:00 the day before the publication, 100% of the rate will be charged. For special formats (panoplus, pano and half pano), a cancellation term of 1 week applies. For the magazines and for the dossiers, different cancellation terms apply (see individual pdf cards on https://www.trustmedia.be/en/rates/commercial-advertising , under the tabs Commercial Advertising, Financial Communication, Matching Team, Human Capital Connect and Technical specifications). Options on specific insertions in the newspaper remain valid without limitation. If another Advertiser wants to book the same insertion, the option holder will have 24 hours to release the option. Upon cancellation of one or more insertions from a campaign or annual agreement, the given volume discount on the already published advertisements will be reviewed and invoiced.

6.3. Sabato | Mon Argent | Netto | Fonds

From 8 weeks prior to publication, 50% of the insertion price will be invoiced in case of cancellation. From 4 weeks before publication, the insertion will be charged in full. Booked advertisements on covers or prima posta, or special formulas cannot be cancelled or changed. Upon cancellation of one or more insertions from a campaign or annual agreement, the permitted volume discount on the already published advertisements will be reviewed and invoiced.

6.4. Cancelling a campaign

Between 6 - 4 weeks before the planned start of the campaign, 50% of the budget will be invoiced.
Within 4 weeks before the planned start of the campaign, 100% of the budget will be invoiced.

6.5. Digital Campaign.

In case of cancellation of a digital campaign, Trustmedia and the Advertiser will look into a mutually acceptable solution. Without solution, the most up-to-date IAB guidelines are applicable.

a. In case of cancellation between 3 and 4 weeks prior to startdate of the campaign, 20% of the insertion price will be invoiced.

b. In case of cancellation between 2 and 3 weeks prior to startdate of the campaign, 50% of the insertion price will be invoiced. 

c. In case of cancellation between 1 and 2 weeks prior to startdate of the campaign, 75% of the insertion price will be invoiced.

d. In case of cancellation less than a week (5 working days) prior to startdate of the campaign, 100% of the insertion price will be invoiced.

Cancellations for creative material made by Trustmedia are not allowed and won't be reimbursed unless something else has been agreed upon between Trustmedia and the Advertiser.

 

6.6. Creative Formats in newspaper and magazines.

Creative formats in L'Echo | De Tijd, Mon Argent | Netto and Sabato: encartage (inserts), blistering, half wrap, tabernacle, advertorials, gatefold, newspaper delivery, memostick and merchandising.

a. In case of cancellation between 3 and 4 weeks prior to startdate of the campaign, 50% of the insertion price will be invoiced.

b. In case of cancellation between 2 and 3 weeks prior to startdate of the campaign, 75% of the insertion price will be invoiced.

c. In case of cancellation less than 13 days prior to startdate of the campaign, 100% of the insertion price will be invoiced.

6.7 Fund lines and Data Connect are published for a period of 1 year (with monthly billing), and are tacitly renewed on a yearly basis (price changes could be applied). Termination of the ongoing publication of fund lines should be requested 3 months beforehand. The logo fee can only be cancelled once a year with the renewal of the contract.

a. If the publication of the lines starts before the 16th of the month, then the full monthly fee will be invoiced within the ongoing month.
b. If the publication of the lines starts on or after the 16th of the month, then the monthly fee will be invoiced the month after.
c. In case of a cancellation before the 16th of the month, the ongoing month counts as the first month of the cancellation period.
d. In case of a cancellation after the 16th of the month, the following month counts as the first month of the cancellation period.

6.8. Events

Cancellation of a registration to an event (sponsorpackage etc) can only be done in writing, and has to be communicated to Trustmedia - beyond advertising (email or by post). The advertiser is committed to pay, in addition to the cancellation fees (outlined in chapter 6. Options, bookings and cancellations of the general terms), any cost(s) already made by Trustmdia - beyond advertising at the time of cancellation.

7. MATERIAL AND DELIVERY

7.1 The booking dates for advertising space, the delivery of advertising material by the Advertiser and the delivery specifications (including technical specifications) are available on www.trustmedia.be

7.2 Trustmedia can refuse to accept advertising material that has not been delivered in accordance with the delivery specifications, or can adjust it for it to still comply with the delivery specifications and charge the (technical) costs to Advertiser. If Trustmedia adapts advertising material, the Advertiser is obliged to check the material supplied by or on behalf of Trustmedia for correctness and completeness. In the event of any deviations from the Advertiser's order, the Advertiser must notify this immediately. In the absence of such a report, the correctness of the material produced or modified by or on behalf of Trustmedia shall be assumed.

7.3 If the advertising spaces and/or advertising materials are not reserved and/or delivered on time, Trustmedia is entitled not to process the reservation and/or the advertising material. The Advertiser is responsible for the delivery of the advertising material. If a timely reservation has been made, but the advertising material has not been delivered in time or incorrectly by the Advertiser, Trustmedia will charge the full amount for the advertisement to the Advertiser.

7.4. Mistakes or shortcomings resulting from incomplete, inadequate or non-conforming material or from late delivery cannot result in compensation, price reduction or re-insertion.

7.5 The Advertiser is responsible for the delivery of the material to Trustmedia, regardless of the way in which it is send. Trustmedia will treat the advertising material with care but is not liable for possible damage, loss, or otherwise unusable or loss of the advertising material.

7.6. If advertising material is delivered digitally then the Advertiser ensures that the material is delivered safely, that the material does not contain viruses or other programmes that can in any way damage the computer systems, programmes or websites of Trustmedia. The Advertiser will ensure that the method of delivery (in scope or otherwise) does not disturb the normal operation of the computer systems, programmes or websites of Trustmedia or is disproportionately burdened. The Advertiser indemnifies Trustmedia against damages, as not exhaustively listed in the present article, as a result of not ensuring a safe method of delivery of the advertising material.

7.7. Requested corrections to advertising materials are only accepted and executed by Trustmedia if this is reasonably possible in the opinion of Trustmedia. Corrections received after the lock down time cannot be performed.

7.8. Trustmedia stores advertising material for a maximum of (3) months.

 

8. (INTELLECTUAL) PROPERTY

8.1 All (intellectual property) rights on (i) the media of Trustmedia, including the editorial content, (ii) the services that Trustmedia uses or delivers within the context of the assignment, as well as the results thereof, including the creative concepts and proposals, and (iii) the data of users of the media of Trustmedia, including subscriber data, data of users of the websites and app's, users of newsletters, and all other information that is collected and stored by these users, remains, and will continue to remain, with Trustmedia. The agreement does not imply that the Advertiser is granted any license or other right.

9. SPECIAL CIRCUMSTANCES AND FORCE MAJEUR

9.1 Trustmedia reserves the right, in the event of special circumstances, to decide to release (parts of) its media from advertisements (for example by not placing advertisements on the cover or homepage in case of breaking news).

9.2. In case of force majeure, the obligations of Trustmedia are suspended. In that case, it must only carry out its obligations as soon as and to the extent reasonably possible. Trustmedia will not have to provide proof of the unforeseeable or unavoidable nature of the circumstances that delay or make the execution of the publication impossible.

9.3. Force majeure assimilates unforeseen circumstances with regard to persons and/or materials that Trustmedia uses or intends to use in the execution of the agreement, which are of such a nature that the execution of the agreement is therefore impossible, or so burdensome and/or disproportionately expensive that prompt compliance with the agreement cannot reasonably be expected from Trustmedia.

9.4. If the force majeure lasts longer than three months, both Trustmedia and the Advertiser and/or client are entitled, without being obliged to pay any damages, to terminate the agreement for the non-executable part by notifying the other party by registered letter.

10. COMPLAINTS

10.1. Complaints must be submitted by registered mail to the address of Trustmedia within 8 calendar days after publication. Complaints are not admissible:

- if the Advertiser and/or client has approved the design or the proof of the advertisement for publication,

- if the assignment has been communicated by telephone, fax or verbally,

- if the text is illegible or badly written

10.2. Obvious mistakes, poor or unclear rendering of text and / or image, except in case of intentional error, cannot give rise to compensation or price reduction.

10.3. Incidental responsibility of Trustmedia, for whatever cause and for whatever reason, is in any case limited to the price of the advertisement.

10.4. No complaint gives the Advertiser and / or client the right to suspend his payment obligations.

11. OWN ADVERTISING EXPRESSIONS AND BRAND INCLUSION

11.1. The Advertiser can only place advertisements that relate to the own company of this (natural or legal) person.

11.2 The Advertiser is not permitted to resell advertising space which it has at its disposal resulting from the agreement or to make it available in any other way to third parties.

11.3. Brand mention of third parties in the form of logos or advertisements is not permitted in encartages or advertisements in one of the titles of Trustmedia, unless explicitly agreed with Trustmedia and subject to a surcharge for third-party branding.

12. RIGHT OF REFUSAL

12.1. Trustmedia holds the right, subject to reasons, to suspend, stop or refuse the publicity, without being obliged to pay any compensation.

13. POSITION GUARANTEE

13.1. Insertion at a certain place or day, or exclusivity on the page cannot be guaranteed. All instructions in this sense are considered as wishes, which are taken into account as far as possible. In no case can failure to follow these wishes give rise to compensation or a lower price.

14. CONTENT ADVERTISEMENT

14.1 Only the Advertiser is responsible for the content of the advertisement. For each advertisement, the Advertiser guarantees that it is not unlawful or harmful to any third party or Trustmedia. In particular, the Advertiser guarantees that advertisements do not contain any statements that are contrary to the law or regulations, public order or morality, and do not infringe (intellectual property) rights of any third party The Advertiser indemnifies Trustmedia against all third-party claims, and for the costs that Trustmedia would have to bear for this, including attorneys' and legal fees, arising from the content and form of the advertisement specified by the Advertiser.

15. INVOICING AND PAYMENT

15.1 Invoicing occurs after each placement of an advertisement or advertising campaign. In the case of long-term campaigns, the parties can agree that the invoicing takes place in parts. Trustmedia can send invoices by standard mail as well as electronically, including by e-mail. The Advertiser agrees to electronic invoicing by Trustmedia.

15.2. Unless otherwise agreed in writing, Trust Media's invoices are payable in cash at the registered office. In the event of non-payment on the due date, Trustmedia has the right to suspend the execution of the current publication orders, without notice or compensation, and while retaining all its rights. Unless otherwise agreed, no bills are accepted. Exchange bills do not give rise to debt renewal.

15.3. All rights and taxes, of whatever nature, including any new rights and taxes that are introduced during the execution of the agreement, are at the expense of the Advertiser and/or client. All costs related to the collection of the invoices by Trustmedia (bank, exchange costs and others) are also at the expense of the Advertiser and/or client.

15.4. The client remains responsible in all cases for the payment, even if Trustmedia has accepted to make the invoices in the name of a third party.

15.5. Without prejudice to the provisions in article 10, in case of dispute, the invoice must be protested by a motivated registered letter sent to Trustmedia within fourteen days of the invoice date. Failing this, the invoice shall be deemed to have been definitively accepted by the Advertiser and/or the client. The protest must mention the document number of the invoice concerned.

15.6. Any invoice that is not paid or not fully paid on its due date will be increased legally and without notice of default with interest of 12% per annum from the due date, and with a lump sum compensation of 15% on the outstanding amount, which compensation however no less than 50 euros. The non-payment on the due date of a single invoice, makes the due balance of all other, even non-expired, invoices immediately due and payable.

15.7. Trustmedia is entitled to demand prepayment of advertisements to be placed, if the Advertiser has an overdue debt to Trustmedia, or in the opinion of Trustmedia is not sufficiently creditworthy or if this has been agreed in advance between the parties.

16. ADVERTISING MEDIATION

16.1 If an advertising broker signs an agreement or places an order in his own name, but for the benefit of an Advertiser, he is responsible for the fulfilment of the agreement or assignment (including the fulfilment of these conditions) by the Advertiser.

16.2 If an advertising broker signs an agreement or places an order on behalf of an Advertiser, the broker must demonstrate in writing at the request of Trustmedia that he is authorised to represent the Advertiser. Failing to do so, the advertising broker is deemed to be operating in his own name and for his own account and risk having acted as if he were the Advertiser.

17. PROTECTION OF PERSONAL DATA

17.1 Insofar as the advertising material supplied by or on behalf of the Advertiser contains personal data, the following applies: (i) The Advertiser acts as controller and Trustmedia as processor; (ii) The Advertiser warrants that the processing by Trustmedia is not unlawful and does not infringe any right of third parties; (iii) Trustmedia will only process the personal data in accordance with the prior written instructions of the Advertiser or insofar as the processing is necessary for the execution of the agreement with the Advertiser; with the proviso that Trustmedia will inform the Advertiser as soon as possible (a) if an instruction from Advertiser violates the applicable laws and regulations in the field of the protection of personal data or (b) if Trustmedia legally decides to processing is mandatory; (iv) Trustmedia will implement appropriate technical and organizational security measures; (v) Trustmedia will not engage a sub-processor nor allow processing of personal data outside the EU in countries without an adequate level of protection, without the prior written consent of the Advertiser; (iv) Trustmedia will provide information at the written request of the Advertiser showing that Trustmedia meets the conditions listed in this article; (vii) Trustmedia will, if necessary, assist in the handling of a request from data subjects by the Advertiser or in data impact assessments conducted by the Advertiser, or in a (preliminary) investigation conducted by a competent supervisor; (viii) Trustmedia shall inform Advertiser without delay, but in any event within 48 hours (a) after the discovery of a data breach about the data breach, its consequences and the remedial measures taken and (b) after having taken cognizance of a survey by a regulator, unless Trustmedia confidentiality is kept; (iv) Trustmedia will remove the supplied advertising material after the expiry of the term referred to in Article 7.8.

18. CONFIDENTIALITY

18.1. Trustmedia has the right to place a number or other sign, or in any other way clearly indicate that it is an advertisement or publication.

18.2. The advertisements appear under the sole responsibility of the Advertiser and/or client. Trustmedia always has the right, when requested to do so, to disclose the identity of the Advertiser and/or client.

18.3 The Advertiser will treat all information that it obtains in the context of proposals, quotations, instructions and / or agreements from Trustmedia in any way whatsoever, as well as the agreement itself, both during and after termination of the assignment or agreement strictly confidential, not make known to third parties and only make available to its employees and / or third parties engaged by it, if and to the extent that this is necessary for the execution of the agreement. This obligation of confidentiality does not apply if the Advertiser is obliged to disclosure pursuant to the law or a binding judgment of the court or if the information, without being the result of a breach of the confidentiality, is generally known.

19. VARIOUS

19.1 The Advertiser guarantees that it acts in full compliance with all applicable laws and regulations (including in the field of protection of personal data and unsolicited communications), codes of conduct and other forms of self-regulation, as well as any further rules provided by Trustmedia, and that he fully complies with the provisions of these General Advertising Conditions. The Advertiser will fully indemnify Trustmedia against all possible third-party claims arising from non-compliance with the provisions of this article. The Advertiser will also fully compensate all damage, fines and costs that Trustmedia incurs in connection therewith.

19.2 Trustmedia reserves the right to obtain further information about the origin of the specified advertisement and the identity of the Advertiser.

19.3 Trustmedia is entitled to appeal to third parties in the execution of the agreement with Advertiser

19.4 Deviations from or additions to these Advertising Terms and Conditions are only valid if they have been agreed upon in writing (including by e-mail) with Trustmedia.

19.5 If a provision of these Terms and Conditions is null and void or is nullified, the remaining provisions will remain in full force. Trustmedia and the Advertiser will then consult with each other in order to agree on a new provision to replace the void or voided provision, taking into account as much as possible the purpose and purport of the void or voided provision.

19.6 The General Advertising Conditions can be adjusted by the Trustmedia at any time. Trustmedia therefore recommends that you regularly review the Advertising Terms and Conditions on www.trustmedia.be/nl/content/algemene-voorwaarden.

20. APPLICABLE LAW  – AUTHORISED COURT

20.1. Belgian law applies to these Advertising Terms and Conditions, the agreement as well as the proposals and quotations from Trustmedia.

20.2. All disputes arising from the agreements with Trustmedia fall under the exclusive jurisdiction of the Dutch-speaking courts of Brussels.

21. ADDITIONAL CONDITIONS ONLINE ADVERTISING

21.1 Trustmedia has agreements with a number of Rich Media parties. In cooperation with these parties, Trustmedia charges the Rich Media costs for certain advertising products, as described in the Rates. For other products as well as when the Advertiser works with other providers, the costs for Rich Media are for the account of the Advertiser.

21.2 The Roadblock/Roadblock+ has priority over all other homepage formats. This means that in the event of a shortage, the Roadblock is placed first and any other positions that are still available are the other ad formats.

21.3 Trustmedia strives to ensure that the websites and apps on which online advertisements are offered are available to visitors. Trustmedia does not guarantee that the websites and apps are at all times uninterrupted or fully available, and reserves the right to block a website or app unannounced or to put it out of service for maintenance, adjustment or improvement, or a website or app to modify, expand, delete or otherwise change. Trustmedia is not liable for damage that arises as a result.

21.4 Options on ad positions are valid for a maximum of 1 week (7 days). An Advertiser can contact the Ad Operations department of Trustmedia for technical details: dfp@trustmedia.be

21.5 If measurement systems are to be used to determine the remuneration of an online advertising campaign, Trustmedia's measuring systems are the guiding principle. According to industry standards (www.iab-belgium.be), any difference of up to 10% between the ad impressions measured by both parties will not be regarded as unusual and will therefore not be a reason to review the reimbursement. If the difference between the ad impressions measured by both parties is greater than 10%, Trustmedia and the Advertiser will jointly investigate the cause of these differences with the aim of solving this. Until the parties have jointly established the cause of the measurement differences, the measurement results of Trustmedia remain the guiding principle for the determination of the compensation.

21.6 Advertiser is only permitted to collect the following anonymous metadata via cookies, scripts or otherwise: (i) how often the advertisement has been viewed (number of views) and (ii) the number of clicks with the following additional data: used screen resolution , browser used, operating system used and what part of the advertisement has been viewed in which period. Subject to the foregoing, the Advertiser is explicitly not permitted to collect information via cookies, scripts or in any other way, to store information in or to access information in the peripherals of users of Trustmedia's websites or apps. More specifically, the collection of information for retargeting, audience targeting and behavioural targeting, information about the behaviour of users on the websites or apps of Trustmedia is not permitted without prior written permission from Trustmedia.