SUPPLEMENTARY CONDITIONS ‘UITGESPROKEN’
Version applicable since 14 December 2020.
These Supplementary Conditions ‘Uitgesproken’ are a supplement to the sales conditions https://www.mediahuis.be/en/sales-conditions// of Mediahuis NV, 0439.849.666, Katwilgweg 2, 2050 Antwerp.
‘Uitgesproken’ is the podcast agency of Mediahuis that assists podcast makers, publishers, broadcasters, companies, organisations and institutions to make podcasts, both in consultancy and in production and distribution.
‘Uitgesproken’ also collaborates with journalists and news editors to make podcasts.
‘Uitgesproken’ contacts advertisers and organises podcast training.
The job and price agreed by Mediahuis/Uitgesproken with the client will be set out in a quotation/agreement.
General or specific terms and conditions of the client do not apply.
The sales conditions of Mediahuis NV, supplemented by these Supplementary Conditions ‘Uitgesproken’, apply.
If the general terms and conditions or specific terms and conditions of subcontractors or suppliers commissioned by Mediahuis/Uitgesproken are more limited, then Mediahuis/Uitgesproken will have the opportunity to invoke these limitations in respect of the client in favour of Mediahuis/Uitgesproken.
Mediahuis/Uitgesproken undertakes, on condition of payment by the client, to satisfactorily complete, to the best of its ability, the jobs entrusted to Mediahuis/Uitgesproken by the client and which are performed by internal or external employees, or by subcontractors or suppliers commissioned by Mediahuis/Uitgesproken.
The client shall pay all fees as agreed and described in the quotation/agreement.
In the event of early termination of the job, the client will also pay all costs, fees and suchlike that may be claimed by the subcontractors and suppliers of Mediahuis/Uitgesproken.
The client acknowledges that all intellectual property rights to podcasts produced by commission shall accrue exclusively to Mediahuis/Uitgesproken.
Unless stipulated otherwise, Mediahuis/Uitgesproken has the unconditional right to use the podcasts produced by commission for public distribution and commercialisation without restriction.
The client is solely responsible for the correct description of products and services, compliance with patents and trademarks, commercial practices provided for in the Code of Economic Law, competition rules and compliance with all laws, decrees or regulations imposed by the government or professional associations, with regard to the content of the podcast.
In no event shall Mediahuis/Uitgesproken be responsible for the content or the technical quality of material supplied by the client.
The client bears full and exclusive responsibility vis-à-vis third parties for the content, use and distribution of the podcasts produced by commission.
The client shall indemnify Mediahuis/Uitgesproken against any claim brought forward by any third party with respect to the content, use or distribution of the podcasts produced by commission.
Unless stipulated otherwise, Mediahuis/Uitgesproken remains the sole holder of the copyrights and related rights to the works and services performed in the context of the job performed. The same applies to any other element subject to literary, artistic and industrial property.
As such, the client may not, under any circumstances, exploit, use or alter all or part of the works and performances without the explicit prior written permission of Mediahuis/Uitgesproken, both for the duration of the agreement and thereafter.