GENERAL TERMS AND CONDITIONS OF TRUSTMEDIA

Update: 15.12.2022

1. Definitions

  • Advertisement: a publication, online or offline, which is intended to reach and (if applicable) convince the target audience, regardless of the medium (magazine, newspaper, podcast, video, webinar, etc.) used, including but not limited to a simple (one-off) advertisement, a (digital) advertising campaign, and a specific (qualitative) content advertisement;
  • Advertiser: the natural person or legal entity who/that acts for professional purposes on behalf of whosoever Trustmedia provides Services;
  • Advertising Material: the material that is to serve as the content of an Advertisement, including, but not limited to, visual material, text and other (creative) content;
  • Agreement: the Order Form as accepted and signed by the Advertiser, together with the General Terms and Conditions;
  • Clause: a clause of these General Terms and Conditions;
  • Confidential Information: (i) the content and existence of the Agreement and (ii) any related information, which by its nature should remain confidential, such as (but not limited to) documents, computer files, quotations, formulas, evaluations, methods, processes, technical descriptions, reports and other data, files, drawings, models and calculations, as well as any other information of which the receiving party should have known, given the nature of the information, the confidential nature;
  • General Terms and Conditions: the present general terms and conditions of Trustmedia;  
  • Individual Information Sheet: the PDF file that describes the specific conditions for specific Services, such as, among others, the conditions for cancellation and modification of a reservation, available on the Website or from Trustmedia;
  • Order Form: the description of the Services to be provided by Trustmedia, as well as the fees and conditions subject to which Trustmedia is prepared to provide the Services;
  • Rates: the standard rates for the Services as stated on the Individual Information Sheets or available from Trustmedia, which may change from time to time;
  • Services: the services of Trustmedia consisting of the creation and placement of Advertisements, the creation of Advertising Material, the organisation of events and all other services as agreed upon between Trustmedia and the Advertiser;
  • Trustmedia: a division of Mediafin NV, a limited liability company incorporated under the laws of Belgium, with registered office at Havenlaan 86C box 309, 1000 Brussels and registered in the Crossroads Bank for Enterprises under number VAT BE 0404.800.301 (RLE Brussels), consisting of the following subdivisions: (i) Trustmedia (beyond advertising), (ii) News Services (Trustmedia), and (iii) Content Republic (Trustmedia);
  • Website: the website of Trustmedia, i.e. https://trustmedia.be/.

2. Scope of application

2.1. These General Terms and Conditions shall apply to all Services provided by Trustmedia on behalf of the Advertiser. If Trustmedia and the Advertiser conclude a separate agreement, the provisions of such separate agreement shall prevail over the provisions of these General Terms and Conditions (insofar as the provisions of the separate agreement deviate from the provisions of the General Terms and Conditions). The same priority shall also apply to the specific terms and conditions described in the Individual Information Sheets. Otherwise, the General Terms and Conditions shall continue to apply in full.

2.2. The Advertiser’s terms and conditions shall not apply and are hereby expressly excluded.

2.3. The Advertiser acknowledges and accepts that whenever third parties are engaged to provide services, the general terms and conditions of such third parties shall apply. Trustmedia shall provide the Advertiser with a copy of these General Terms and Conditions upon the written request of the Advertiser.

2.4. Before commencing the provision of Services, Trustmedia shall provide the Advertiser with an Order Form, of which these General Terms and Conditions shall be deemed to form an integral part. The Advertiser acknowledges that it has read the General Terms and Conditions and by signing the Order Form (or other form of confirmation of the Order Form, for example by e-mail), shall be deemed to have accepted it in full.

2.5. These General Terms and Conditions are available in Dutch, French and English, and may be consulted on the Website at all times.

2.6. Unless otherwise stipulated in the Order Form, the Agreement shall be deemed to have been concluded and shall commence at the moment that the Advertiser signs the Order Form (or confirms the Order Form in another way, for example by e-mail), and sends a signed copy to Trustmedia. Under exceptional circumstances in which Trustmedia has not provided the Advertiser with an Order Form before the commencement of the Services, the Agreement shall be deemed to have been concluded and shall commence at the time of the order confirmation by Trustmedia, or the first actual performance of the Agreement by Trustmedia at the request of the Advertiser. The Advertiser shall be deemed to have taken cognisance of the General Terms and Conditions via the Website and to have expressly accepted them prior to the performance of the Services.

2.7. The Advertiser shall be solely responsible to ensure the accuracy and correctness of the personal (billing) information contained in the Order Form or order confirmation. Inaccuracies shall be reported to Trustmedia without delay, failing which the data shall be regarded as correct.

2.8. All professional relations between the parties shall always be governed by these General Terms and Conditions if Trustmedia has not yet received the Order Form signed by the Advertiser.

2.9. A third party may sign the Order Form in the name and on behalf of the Advertiser but shall, wherever applicable, always be held jointly and severally liable with the Advertiser for the proper performance of the Agreement (and payment of the costs and fees referred to in the Order Form).

3. Services

3.1. Trustmedia’s Services has been described in detail on the Website and may change from time to time. The specific Services for the Advertiser have been described in detail in the Order Form.

3.2. Trustmedia shall perform the Services with due care and totally autonomously, pursuant to an obligation of means. Trustmedia shall ensure that the Services are provided in accordance with the relevant laws and regulations in effect at the time of performance of the Agreement. Trustmedia cannot be held liable for the consequences of subsequent changes if any to these laws and regulations, possibly with retroactive effect.

3.3. The Services of Trustmedia, as described in the Order Form, may be extended upon the written request of the Advertiser in accordance with the then current Rates. In such case, Trustmedia shall issue a new Order Form or modify the initial Order Form, unless it cannot accept the aforementioned extension for any reason. A limitation and/or cancellation of the Services described in the Order Form shall only be possible subject to compliance with the provisions of Clause 7.

3.4. Trustmedia shall provide its Services exclusively for the benefit of the Advertiser. Third parties may not derive any rights from the work carried out and the results thereof.

4. Fees and invoicing

4.1. All proposals and offers of Trustmedia shall be without obligation, for information purposes only, and shall not be binding on Trustmedia as such. All proposals and offers shall be valid for a period of fourteen (14) calendar days, unless explicitly stated otherwise.

4.2. The fees payable by the Advertiser shall be calculated on the basis of the Rates or on a lump sum basis, and shall specified in the Order Form. The fees specified in the Order Form shall be exclusive of VAT and exclusive of any other taxes, duties, levies etc. unless otherwise specified. Any taxes, duties, levies, etc. shall be borne entirely by the Advertiser.

4.3. Trustmedia shall charge the Advertiser by means of an invoice for its Services, administration costs, and advance costs (if any) on a monthly basis, or as the Advertiser purchases the Services. Notwithstanding the foregoing, Trustmedia may also charge for its services, administration costs and advance costs (if applicable) by means of invoices and/or advance invoices. Details of the Services performed, administration costs and advance costs shall be sent at the first request of the Advertiser. The Order Form shall determine the applicable invoicing schedule, which will be aligned, where applicable, with the agreed publication dates for the Advertisements.

4.4. The Advertiser shall have ten (10) working days from the signing of the Order Form to provide Trustmedia (if necessary) with the correct invoicing data (such as, among others, the PO number). On failure to do so, the invoices shall be made out on the basis of the data stated in the Order Form or, as the case may be, the order confirmation. If, for any reason, an invoice needs to be modified, Trustmedia shall charge an amount of 50,00 EUR towards administrative costs. The invoices shall be sent electronically to the Advertiser.

4.5. If applicable, the Rates shall not include all costs directly contracted with third parties that are necessary for the performance of the Services. Such costs shall be shown separately in the Order Form and shall be charged to the Advertiser as an additional cost.

4.6. The Advertiser acknowledges that the fees specified in the Order Form in the case of offline Advertisements (i.e. Advertisements in hardcopy format) shall be subject to the following price revision formula: P = P0 * [(1 – X) + X * (S/S0)], where:

“P” = revised price;

“P0” = original price;

“X” = weighting coefficient for paper cost, being 0.80;

“S0” = the cost price of paper at the time of the conclusion of the Agreement;

“S” = the cost price of paper at the time of revision; and where, for the avoidance of doubt, the cost price of paper depends on the actual types of paper to be used for which the fees have been calculated in the Order Form.

The fees shall be adjusted on a half-yearly basis (starting six (6) months after the conclusion of the Agreement) according to the price revision formula, and communicated to the Advertiser.

4.7. In the absence of a provision to the contrary, all Trustmedia invoices shall be payable no later than thirty (30) calendar days after the date of the invoice. In case of late payment, all payment obligations of the Advertiser under the Agreement shall become immediately due and payable. The invoices of Trustmedia must be protested with reasons within fifteen (15) calendar days after the invoice date (with reference to the respective invoice number), failing which the invoices will be accepted as final. In case of late payment, interest shall be payable by operation of law and without the need to issue a notice of default in accordance with the Act of 02/08/2002 on combating late payment in commercial transactions (as amended from time to time) as well as conventional damages assessed at a lump sum of ten (10) % of the unpaid amounts, subject to a minimum of 250,00 EUR. The damage compensation shall include (but shall not be limited to) recovery costs. If the Advertiser fails to pay the outstanding amounts within fifteen (15) calendar days after receipt of a written notice of default, Trustmedia shall be entitled to suspend its Services under the Agreement until payment of the outstanding amounts has been received.

4.8. Trustmedia reserves the right to request an advance payment by pro forma invoice from foreign entities, insufficiently creditworthy entities (in Trustmedia’s opinion)  or in case of late payment. The full outstanding amount must be settled prior to the publication and can be proven by proof of payment in order for the publication to take place.

5. Termination

5.1. Subject to evidence to the contrary, the Agreement shall be deemed to have been concluded for a fixed term. The Agreement shall come to an end at the time of the performance of the agreed Services and in any event upon expiry of the agreed term.

5.2. If the Advertiser fails to timely or properly fulfil its obligations under the Agreement, including but not limited to the payment of invoices and timely delivery of the Advertising Material (if applicable), or in the event of manifest inability to pay, bankruptcy, dissolution, judicial reorganisation (or any other similar event) of the Advertiser, Trustmedia shall be entitled to terminate or suspend the Agreement immediately, subject to written notice, without prejudice to Trustmedia’s liability for any resulting damage and without compensation or other relief (such as, among others, reimbursement of costs and fees already paid, or a price reduction) to the Advertiser. All the costs and fees as specified in the Order Form shall remain payable in all cases.

5.3. The Advertiser may at any time, without observing a termination notice period and without paying damage compensation, terminate the Agreement by giving Trustmedia prior written notice in case Trustmedia is manifestly in breach of its own obligations as set out in these General Terms and Conditions and, as the case may be, in the Order Form. All costs and fees for Services already provided by Trustmedia shall remain payable.

5.4. The provisions of these General Terms and Conditions and (if applicable) the separate agreement concluded between Trustmedia and the Advertiser that are explicitly or implicitly intended to continue after the termination, shall continue to apply after the expiration or termination of the Agreement.

6. Liability

6.1. Trustmedia and its employees or appointees shall only be liable for gross or intentional negligence in the performance of its Services. Trustmedia shall only be liable for the actual damages suffered as a direct and exclusive result of the gross or intentional negligence committed by Trustmedia in the performance of its Services. Trustmedia and its employees or appointees may under no circumstance be held liable for indirect damage, consequential damage, damage or loss of data, anticipated savings, reputational damage, loss of use or loss of profits suffered by the Advertiser or third parties. Unless explicitly agreed otherwise, Trustmedia cannot be held liable for any third party which is engaged by Trustmedia for the performance of the Services.

6.2. Any liability, whether contractual or extra-contractual, shall in any event be limited to the amount of the fees effectively invoiced and paid by the Advertiser in execution of the Order Form in the six (6) months prior to the occurrence of the damage, and the total liability of Trustmedia shall in any event be limited to a maximum of 10.000,00 EUR (if the fees effectively invoiced and paid by the Advertiser in execution of the Order Form in the six (6) months prior to occurrence of the damage would be higher). If it is found that two or more claims result from one and the same fault, they shall be regarded as a single case of liability and liability shall therefore be limited to the highest amount applicable to the Agreement in question.

6.3. The Advertiser undertakes not to hold any persons affiliated with Trustmedia, regardless of their capacity (employees or self-employed persons), directly liable for any errors committed in the performance of their work for Trustmedia.

7. Reservations, Options and Cancellations

7.1. The modalities of reservation and the deadlines for reservations and options shall be described in detail in the Individual Information Sheets. An option is a conditional reservation. If another Advertiser wishes to make a reservation for the same specific placement, the option holder has twenty-four (24) hours from notification of the same to withdraw the option. Trustmedia may refuse to accept reservations after the lapse of the reservation deadline.

7.2. A reservation is final and binding upon the Advertiser when confirmed by Trustmedia. Trustmedia reserves the right to refuse a reservation or an option from the Advertiser at any time without assigning any reason.

7.3. Trustmedia reserves the right in the case of special newsworthy events (including but not limited to force majeure situations as further described in Clause 10.1) to make (parts of) its media available for breaking news on the front page or home page and as a result of the same, to temporarily suspend its Services. Reservations that cannot be made as a result of the present Clause 7.3 shall be rescheduled in consultation with the Advertiser.

7.4. Trustmedia does not guarantee a reservation for a certain place or a certain day, or exclusivity for a certain page. All instructions by the Advertiser in this respect shall be considered wishes that Trustmedia shall take into account to the extent possible. In no event shall failure to comply with the wishes of the Advertiser result in compensation or other relief (such as, among others, reimbursement of costs and fees already paid, or a price reduction) to the Advertiser.

7.5. Trustmedia operates a strict cancellation policy. Modification or cancellation of a reservation is possible with written notice (including by e-mail) to Trustmedia and payment of the cancellation fee as provided in the Individual Information Sheets. In any case, Trustmedia remains entitled to payment of all costs and fees for Services already provided. Modification of a reservation is considered to be a cancellation.

7.6. Reservations shall be personal and cannot be transferred, either in whole or in part, to a third party.

8. Advertising Material

8.1. The Advertiser shall be solely responsible for the timely and compliant delivery of Advertising Material. The final dates for delivery of the Advertising Material and the manner and form in which the Advertising Material must be delivered to Trustmedia shall be further described in the Individual Information Sheets. Advertising Material that is delivered to Trustmedia late or is non-compliant, may be rejected by Trustmedia, without any compensation or other relief (such as reimbursement of costs and fees already paid, or a price reduction) to the Advertiser. All the costs and fees as specified in the Order Form shall remain payable in all cases. Errors or omissions resulting from late or non-compliant Advertising Material shall not give ground to any compensation or other relief (such as reimbursement of costs and fees already paid, or a price reduction) to the Advertiser.

8.2. Non-compliant Advertising Material delivered by the Advertiser may be formatted (i.e. brought into conformity with the technical specifications) for publication by Trustmedia. In such case, editing costs if any shall be borne entirely by the Advertiser. The Advertising Material is, wherever applicable, submitted to the Advertiser for review and approval in accordance with Clause 11.1.

8.3. Trustmedia reserves the right to refuse the Advertiser’s Advertising Material at any time, without assigning any reason.

8.4. The Advertiser may request Trustmedia in writing (including by e-mail) to modify the Advertising Material which it has delivered, provided that the delivery date for the Advertising Material has not yet lapsed. Trustmedia shall have sole discretion to decide whether modifications are possible. Modifications received after 12 p.m. (noon) (on the last date for delivery) shall not be implemented. Any costs related to a modification shall be borne in full by the Advertiser.

8.5. If the Advertiser delivers Advertising Material digitally, the Advertiser shall ensure that the Advertising Material is delivered securely without viruses or other programmes that could in any way damage the computer systems, computer programmes or websites of Trustmedia. Under no circumstances may the Advertising Material (or the delivery thereof) (whether by content, size or otherwise) interfere with or impose a disproportionate burden on the normal operation of Trustmedia’s computer systems, computer programmes or websites. The Advertiser shall indemnify Trustmedia against any damage resulting from the failure to safely deliver the Advertising Material.

8.6. The Advertiser shall be solely responsible for the correctness and accuracy of the Advertising Material. This shall not only apply to the Advertising Material that is delivered to Trustmedia by the Advertiser but also to the Advertising Material which, in whole or in part, is created by Trustmedia for the Advertiser and has been reviewed and approved by the Advertiser in accordance with Clause 11.1.

8.7. Advertising Material may only relate to the Advertiser itself. The mention of the (trade) name and/or logo of a third party is not permitted, unless written permission has been obtained from Trustmedia and a surcharge of fifteen (15) % with respect to the fees specified in the Order Form has been paid.

8.8. The Advertising Material delivered by the Advertiser shall remain the property of the Advertiser. The Advertiser grants Trustmedia the right to use and modify the Advertising Material (including all other content and information provided, sent, uploaded or made available to Trustmedia) for the purposes of performance of the Agreement. Trustmedia shall treat the Advertising Material with care but shall not be liable for any damage or loss of the Advertising Material, or in case it becomes unusable or is lost in any other manner.

8.9. The Advertiser acknowledges and agrees that it shall be solely responsible for the Advertising Material that is distributed or made accessible. Trustmedia shall in no event be responsible or liable for the Advertising Material. In particular, the Advertiser represents and warrants that the Advertising Material (i) does not violate any relevant laws and regulations; (ii) does not violate public order or morality; (iii) does not infringe on the privacy of others and has been lawfully acquired/created; (iv) does not infringe on the intellectual property rights of any third party; and (v) does not adversely affect, or may adversely affect, the name and reputation of Trustmedia. This shall also apply to Advertising Material which, in whole or in part, is created by Trustmedia for the Advertiser and has been reviewed and approved by the Advertiser in accordance with Clause 11.1.

8.10. Any breach by the Advertiser of the present Clause 8 gives Trustmedia the right, at its option, to (i) immediately terminate (or suspend) the Agreement in accordance with Clause 5.2; and/or (ii) immediately remove or block the Advertisement, without any compensation or other relief (such as reimbursement of costs and fees already paid, or a price reduction) being payable to the Advertiser. The Advertiser indemnifies Trustmedia in all cases against all third party claims and costs incurred by Trustmedia as a result of a breach of the present Clause 8, including but not limited to attorney’s fees and litigation costs.

8.11. The Advertisements appear under the sole responsibility of the Advertiser. Trustmedia always has the right, when requested, to disclose the identity of the Advertiser and, if necessary, to obtain additional information regarding the origin of the Advertisement and the identity of the Advertiser.

9. Intellectual property rights

9.1. All intellectual property rights and derivative rights relating to the Services and the result thereof, including but not limited to the Advertisements, the Advertising Material created by Trustmedia (in whole or in part) and any other creative content, shall remain the property of Trustmedia at all times.

9.2. The Advertiser is not entitled, without the prior written consent of Trustmedia, to disclose, reproduce or use the work of Trustmedia in any form whatsoever, either itself or with the help of a third party, in any context other than the provision of the service assigned to Trustmedia.

10. Force majeure and special circumstances

10.1. The contractual obligations of Trustmedia shall be suspended in case of force majeure (including, but not limited to, war or threat of war, riot or public uprising, fire caused by an external calamity, import or export embargo imposed by the government, flood, internet or other network failure, strike, social action, general transport problems and power outage, epidemics and pandemics), until the force majeure situation ceases. If the force majeure situation persists for more than three (3) months, Trustmedia and the Advertiser shall be entitled to terminate the Agreement without being liable to pay damage compensation. The Advertiser shall in such case be entitled to a new reservation.

10.2. Special circumstances after the conclusion of the Agreement that make the performance of the Agreement seriously burdensome for Trustmedia (including, but not limited to, a significant increase in its costs or the scarcity of its raw materials/resources (including paper and labour)), due to which it is no longer reasonable to require Trustmedia to perform the Agreement under the same conditions, shall entitle Trustmedia to renegotiate the Agreement with a view to modifying or terminating it.

11. Inspection and complaints

11.1. The Advertising Material which is created in whole or in part by Trustmedia for the Advertiser or which is prepared by Trustmedia for publication in accordance with Clause 8.2 shall be communicated to the Advertiser in advance for review and approval. In the absence of written comments from the Advertiser by 12 p.m. on the delivery deadline, the Advertising Material shall be deemed to have been reviewed and approved by the Advertiser. It shall not be possible to modify reviewed and approved Advertising Material.

11.2. Complaints about an Advertisement (its content, layout, placement, or print quality (in the case of an offline Advertisement)) must be sent to Trustmedia by registered letter no later than eight (8) calendar days after publication. The Advertiser shall describe the problem in detail in its complaint and state all relevant order details (including, among others, the order and invoice numbers). Complaints received after the eight (8) calendar day period or without a description of the problem shall be considered inadmissible. Complaints (i) in respect of which the Advertising Material was communicated by telephone, fax or verbally; (ii) in respect of which the text of the Advertising Material was illegible or poorly drafted; or (iii) in respect of Advertising Material which was previously reviewed and approved by the Advertiser in accordance with Clause 11.1, shall be considered inadmissible.

11.3. Complaints may never result in non-payment or suspension of payment of an invoice by the Advertiser.

11.4. A (legal) claim relating to (the content, layout, placement or print quality (in the case of an offline Advertisement)) of an Advertisement must, on penalty of Trustmedia’s liability, be filed within a period of two (2) months after publication.

11.5. If a complaint is found to be admissible and justified, the Advertiser is entitled to a new (modified) Advertisement and/or a rectification of the previous Advertisement.

12. GDPR

12.1. Insofar as the Advertising Material contains personal data, the provisions of the present Clause 12 shall apply.

12.2. The Advertiser shall act as the controller, and Trustmedia shall act as the processor.

12.3. The Advertiser guarantees that the processing of personal data by Trustmedia is not unlawful and does not infringe any rights of third parties. Trustmedia shall only process personal data in accordance with the prior written instructions of the Advertiser or insofar as the processing is necessary for the performance of the Agreement, subject to the proviso that Trustmedia shall notify the Advertiser as soon as possible (i) if an instruction from the Advertiser constitutes a violation of the applicable laws and regulations regarding the protection of personal data, or (ii) if Trustmedia is required by law to carry out the processing.

12.4. Trustmedia shall not use a sub-processor and shall not process personal data outside the EU in countries that do not have an adequate level of protection, without the prior written consent of the Advertiser.

12.5. Trustmedia shall implement appropriate technical and organisational security measures to protect the rights and freedoms of data subjects. In any case, Trustmedia shall remove the Advertising Material after a maximum of three (3) months.

12.6. Trustmedia shall, at the written request of the Advertiser, supply the information that demonstrates that it complies with the conditions contained in this Clause 12.

12.7. If required, Trustmedia shall assist the Advertiser in handling a request from data subjects, or a data protection impact assessment carried out by the Advertiser, or a (preliminary) investigation by a competent supervisory authority.

12.8. Trustmedia shall notify the Advertiser without delay but in any event within forty-eight (48) hours (i) after the discovery of a data breach, about the data breach, the consequences thereof and the remedial action taken, and (ii) after becoming aware of an investigation by a supervisory authority, unless Trustmedia is bound to secrecy.

13. Confidentiality

13.1. Each party undertakes that it shall not disclose any Confidential Information, in whole or in part (by any means), without the prior written consent of the other party, to third parties and ensure its confidential treatment at all times, except as permitted in this Clause 13.

13.2. Except with prior written consent, no party shall copy or use any Confidential Information, directly or indirectly, for its own needs or for purposes other than to perform its obligations under the Agreement. The Confidential Information remains the property of the disclosing party and must be returned to it upon its first request, and in any event upon termination of the Agreement.

13.3. Each party shall ensure that all its subcontractors, delegates, employees, representatives and staff members also comply with the terms of Clauses 13.1 and 13.2.

13.4. Each party may disclose Confidential Information if and to the extent that it can demonstrate that (i) it was lawfully in possession of such information prior to its disclosure by the disclosing party; (ii) such information was available to the public prior to the date on which it was disclosed by the disclosing party or such information became available to the public after the date on which it was disclosed by the disclosing party, but without breaching the confidentiality obligations provided for in this Clause 13; (iii) it developed or discovered the information itself, without using any Confidential Information of the disclosing party; (iv) the disclosure or use of the Confidential Information is necessary in the context of judicial or arbitration proceedings arising under or relating to the Agreement; or (v) the disclosure or use of the Confidential Information arises from a legal obligation.

13.5. The provisions of this Clause 13 shall remain in force for a period of two (2) years after the termination of the Agreement.

14. Nullity or modification

14.1. In case of nullity or non-application of one or more provisions of these General Terms and Conditions, the validity of the remaining provisions shall not be affected thereby. The parties shall, through mutual consultation, replace the provision declared void or inapplicable with a provision which approximates as closely as possible to the original provision and its intention.

14.2. Trustmedia is entitled to amend these General Terms and Conditions at any time subject to prior written notice to the Advertiser. The Advertiser may, as the case may be, terminate the Agreement prematurely provided that it notifies Trustmedia of the same in writing (including by e-mail) and provides three (3) months’ notice. All costs and fees for Services already provided by Trustmedia shall remain payable.

15. Applicable law and jurisdiction

These General Terms and Conditions and all Agreements between Trustmedia and the Advertiser shall be subject to Belgian law. All disputes of any kind shall be subject to the jurisdiction of the Dutch-language courts of Brussels.

Trustmedia – Specific conditions

1. L’Echo | De Tijd (excl. finpub)

1.1. Conditions

  • The editors reserve the right to refuse the Advertisement.
  • Trustmedia has the right to place a number or other sign with the Advertisement, or otherwise make it clear that it is an Advertisement or advertorial.

1.2. Booking and cancellation

  • Reservations for Advertisements (except content projects) can be made up to three (3) working days before placement.
  • From three (3) working days before placement, if an Advertisement is cancelled, 100% of the fees specified in the Order Form will be charged.
  • For special formats (such as, among others, Panoplus, Pano and half Pano), there is a cancellation period of one (1) week.
  • In case of cancellation of one or more Advertisements of an advertising campaign or a continuing performance contract, the volume discount (if any) allowed will be reviewed and invoiced in respect of the Advertisements already published.
  • Costs already incurred by Trustmedia will be charged to the Advertiser in any case, regardless of the cancellation period and in addition to the cancellation fee (described above).

1.3. Branding

  • Advertising Material can only relate to the Advertiser itself. The mention of the (trade) name and/or logo of a third party is not allowed, except with Trustmedia’s written permission and payment of a surcharge of 15% in respect of the fees specified in the Order Form.

1.4. Additional services

  • The Rates for the creation and layout of an Advertisement, the translation, the printing work or the delivery of newspapers can be requested from Trustmedia.

2. L’Echo | De Tijd (Finpub)

2.1. Conditions

  • “Finpub” or financial communication, means any communication by a listed company, financial institution or other company, about its results, growth and shares, addressed to existing and/or potential shareholders (private or institutional). Advertisements regarding launch, evolution and/or change of composition of investment products – on a regulated or unregulated market – and Advertisements around the IPO or a capital increase aimed at public savings, are also covered by Finpub.
  • Advertisements containing legally required financial notices always take precedence over other Advertisements, even in the case of a reservation confirmed by Trustmedia.
  • The editors reserve the right to refuse the Advertisement.
  • Trustmedia has the right to place a number or other sign with the Advertisement, or otherwise make it clear that it is an Advertisement or advertorial.

2.2. Booking and cancellation

  • Reservations for Advertisements (except content projects) can be made up to three (3) working days before placement.
  • From three (3) working days before placement, if an Advertisement is cancelled, 50% of the fees specified in the Order Form will be charged. From one (1) working day before placement, if an Advertisement is cancelled, 100% of the fees specified in the Order Form will be charged.
  • For special formats (such as, among others, Panoplus, Pano and half Pano), there is a cancellation period of one (1) week.
  • In case of cancellation of one or more Advertisements of an advertising campaign or a continuing performance contract, the volume discount (if any) allowed will be reviewed and invoiced in respect of the Advertisements already published.
  • Costs already incurred by Trustmedia will be charged to the Advertiser in any case, regardless of the cancellation period and in addition to the cancellation fee (described above).

2.3. Branding

  • Advertising Material can only relate to the Advertiser itself. The mention of the (trade) name and/or logo of a third party is not allowed, except with Trustmedia’s written permission and payment of a surcharge of 15% in respect of the fees specified in the Order Form.

2.4. Additional services

  • The Rates for the creation and layout of an Advertisement, the translation, the printing work or the delivery of newspapers can be requested from Trustmedia.

3. Creative formulas newspaper

3.1. Conditions

  • Trustmedia has the right to place a number or other sign with the Advertisement, or otherwise make it clear that it is an Advertisement or advertorial.

3.2. Cancellation

  • From four (4) weeks before placement, if an Advertisement is cancelled, 100% of the fees specified in the Order Form will be charged.
  • In case of cancellation of one or more Advertisements of an advertising campaign or a continuing performance contract, the volume discount (if any) allowed will be reviewed and invoiced in respect of the Advertisements already published.
  • Costs already incurred by Trustmedia will be charged to the Advertiser in any case, regardless of the cancellation period and in addition to the cancellation fee (described above).
  • The editors reserve the right to refuse the Advertisement.

3.3. Branding

  • Advertising Material can only relate to the Advertiser itself. The mention of the (trade) name and/or logo of a third party is not allowed, except with Trustmedia’s written permission and payment of a surcharge of 15% in respect of the fees specified in the Order Form.

3.4. Additional services

  • The Rates for the creation and layout of an Advertisement, the translation, the printing work or the delivery of newspapers can be requested from Trustmedia.

4. Magazines

4.1. Conditions

  • Trustmedia has the right to place a number or other sign with the Advertisement, or otherwise make it clear that it is an Advertisement or advertorial.

4.2. Cancellation

  • From eight (8) weeks before placement, if an Advertisement is cancelled, 100% of the fees specified in the Order Form will be charged.
  • In case of cancellation of one or more Advertisements of an advertising campaign or a continuing performance contract, the volume discount (if any) allowed will be reviewed and invoiced in respect of the Advertisements already published.
  • Costs already incurred by Trustmedia will be charged to the Advertiser in any case, regardless of the cancellation period and in addition to the cancellation fee (described above).
  • The editors reserve the right to refuse the Advertisement.

4.3. Cover policy

  • An option on a cover automatically expires four (4) weeks before placement.
  • If another Advertiser – more than four (4) weeks before the placement – seeks a reservation for the same specific placement, the option holder shall have twenty-four (24) hours from notification thereof to lift the option.
  • Are always given priority for cover placement, even in the case of a booking confirmed by Trustmedia (in the order shown below):
    • Creative formulas (and C2 + RP)
    • National Advertisements
    • Sector Advertisements in specials (such as Fashion, Interiors and Watches, among others)

4.4. Branding

  • Advertising Material can only relate to the Advertiser itself. The mention of the (trade) name and/or logo of a third party is not allowed, except with Trustmedia’s written permission and payment of a surcharge of 15% in respect of the fees specified in the Order Form.

4.5. Additional services

  • The Rates for the creation and layout of an Advertisement, the translation, the printing work or the delivery of newspapers can be requested from Trustmedia.

5. Creative formulas magazines

5.1. Conditions

  • Trustmedia has the right to place a number or other sign with the Advertisement, or otherwise make it clear that it is an Advertisement or advertorial.

5.2. Cancellation

  • From eight (8) weeks before placement, if an Advertisement is cancelled, 100% of the fees specified in the Order Form will be charged.
  • In case of cancellation of one or more Advertisements of an advertising campaign or a continuing performance contract, the volume discount (if any) allowed will be reviewed and invoiced in respect of the Advertisements already published.
  • Costs already incurred by Trustmedia will be charged to the Advertiser in any case, regardless of the cancellation period and in addition to the cancellation fee (described above).

5.3. Branding

  • Advertising Material can only relate to the Advertiser itself. The mention of the (trade) name and/or logo of a third party is not allowed, except with Trustmedia’s written permission and payment of a surcharge of 15% in respect of the fees specified in the Order Form.

5.4. Additional services

  • The Rates for the creation and layout of an Advertisement, the translation, the printing work or the delivery of newspapers can be requested from Trustmedia.

6. Online

6.1. Conditions

  • Roadblock/Roadblock+ takes precedence over all other homepage formats. This means that in case of scarcity, Roadblock will be placed first. The other homepage formats are applied to any positions then available.
  • Trustmedia aspires to ensure that the websites and applications on which it offers online Advertisements are available to visitors, but does not guarantee that these websites and applications will be available at all times, uninterrupted and in full. Trustmedia reserves the right to block or decommission the websites and applications unannounced for maintenance, modification or improvement, or to modify, expand, delete or otherwise change the website or application. Trustmedia is not liable for any damages arising as a result.
  • If a measurement system needs to be used to determine the fee of an online advertising campaign, Trustmedia’s measurement system will be used. By industry standards (www.iab-belgium.be), a difference of up to 10% between the ad impressions measured by both parties will not be considered unusual and will not trigger a review of the fee. If the difference between the ad impressions measured by both parties exceeds 10%, Trustmedia and the Advertiser will jointly investigate the cause of the difference with the aim of resolving it. As long as the cause of the measurement difference is not found, Trustmedia’s measurement results shall be used to determine the fee.
  • The Advertiser may only collect the following anonymous metadata using cookies, scripts or by other means:
    • how often the Advertisement has been viewed (number of views),
    • the number of clicks and
    • the following data: the screen resolution used, the browser used, the operating system used and which part of the Advertisement has been viewed in which period. Subject to the foregoing, the Advertiser is not permitted to collect information, store information or access information from users of Trustmedia’s websites and applications via cookies, scripts or by any other means. More specifically, the collection of information for the purposes of retargeting, audience targeting and behavioural targeting, information about users’ behaviour on Trustmedia’s websites or applications is not permitted without Trustmedia’s prior written consent.

6.2. Cancellation

  • If a digital advertising campaign is cancelled, Trustmedia will work with the Advertiser to find a common solution. From ten (10) working days before the placement, in case of cancellation, 100% of the fees specified in the Order Form will be charged.
  • In case of cancellation of one or more Advertisements of an advertising campaign or a continuing performance contract, the volume discount (if any) allowed will be reviewed and invoiced in respect of the Advertisements already published.
  • Costs already incurred by Trustmedia will be charged to the Advertiser in any case, regardless of the cancellation period and in addition to the cancellation fee (described above).

7. Online finpub

7.1. Conditions

  • Trustmedia aspires to ensure that the websites and applications on which it offers online Advertisements are available to visitors, but does not guarantee that these websites and applications will be available at all times, uninterrupted and in full. Trustmedia reserves the right to block or decommission the websites and applications unannounced for maintenance, modification or improvement, or to modify, expand, delete or otherwise change the website or application. Trustmedia is not liable for any damages arising as a result.
  • If a measurement system needs to be used to determine the fee of an online advertising campaign, Trustmedia’s measurement system will be used. By industry standards (www.iab-belgium.be), a difference of up to 10% between the ad impressions measured by both parties will not be considered unusual and will not trigger a review of the fee. If the difference between the ad impressions measured by both parties exceeds 10%, Trustmedia and the Advertiser will jointly investigate the cause of the difference with the aim of resolving it. As long as the cause of the measurement difference is not found, Trustmedia’s measurement results shall be used to determine the fee.
  • The Advertiser may only collect the following anonymous metadata using cookies, scripts or by other means:
    • how often the Advertisement has been viewed (number of views),
    • the number of clicks and
    • the following data: the screen resolution used, the browser used, the operating system used and which part of the Advertisement has been viewed in which period. Subject to the foregoing, the Advertiser is not permitted to collect information, store information or access information from users of Trustmedia’s websites and applications via cookies, scripts or by any other means. More specifically, the collection of information for the purposes of retargeting, audience targeting and behavioural targeting, information about users’ behaviour on Trustmedia’s websites or applications is not permitted without Trustmedia’s prior written consent.

7.2. Cancellation

  • From three (3) working days before placement, if an Advertisement is cancelled, 50% of the fees specified in the Order Form will be charged. From one (1) working day before placement, if an Advertisement is cancelled, 100% of the fees specified in the Order Form will be charged.
  • In case of cancellation of one or more Advertisements of an advertising campaign or a continuing performance contract, the volume discount (if any) allowed will be reviewed and invoiced in respect of the Advertisements already published.
  • Costs already incurred by Trustmedia will be charged to the Advertiser in any case, regardless of the cancellation period and in addition to the cancellation fee (described above).

8. Fundmaster

8.1. Conditions

  • Agreements for Fundmaster are concluded for a period of one (1) year (with monthly billing). After one (1) year, the Agreement is tacitly renewed for an indefinite period of time (subject to any price revisions in accordance with the General Terms and Conditions). The Advertiser may terminate the Agreement after one (1) year subject to three (3) months’ notice (provided that the minimum one (1) year period has elapsed). Logo Agreements can be terminated only once (1) a year subject to three (3) months’ notice to end on the anniversary of the Agreement.
  • Trustmedia will invoice the fees for Fundsmaster to the Advertiser on a monthly basis:
    • if the placement occurs before the sixteenth (16th) of the month, the monthly fees will be invoiced within the current calendar month; and
    • if the placement occurs on or after the sixteenth (16th) of the month, the monthly fees will be invoiced in the month following the current calendar month.
    • The fee for the logo will be invoiced by Trustmedia to the Advertiser annually, and for the first time at the start of the Agreement (this for an upcoming period of twelve (12) months).
  • If the Agreement is terminated before the sixteenth (16th) of the month, the current month shall count as the first (1st) month of the notice period. If the Agreement is terminated after the sixteenth (16th) of the month, the following month shall be considered the first (1st) month of the notice period.

9. Content projects

9.1. Conditions

  • “Content projects” refer to all projects realised by Content Republic and Trustmedia’s Creative Studio involving the creation of digital, print, auditory or video content. These include, among others, online longreads, a website, a podcast, a newspaper article or supplement, an interview, a webinar or a debate.
  • Unless otherwise agreed in the Order Form, content projects will be invoiced 50% before (or at the latest on) the first placement date. The balance is subsequently invoiced spread over the publication months.
  • A content project can be rescheduled or postponed at the Advertiser’s request. After the regular run-out month following the end date specified in the Order Form, the Advertiser will be charged an additional 2,5% project fee for each month of delay. This 2,5% is calculated on the total amount specified in the Order Form.

9.2. Cancellation

  • From eight (8) weeks before placement, if a content project is cancelled, 100% of the fees specified in the Order Form will be charged.
  • If the Advertising Material is already in preparation, if a content project is cancelled (regardless of the cancellation period), 100% of the fees specified in the Order Form will be charged.
  • In case of cancellation of one or more Advertisements of an advertising campaign or a continuing performance contract, the volume discount (if any) allowed will be reviewed and invoiced in respect of the Advertisements already published.
  • Costs already incurred by Trustmedia will be charged to the Advertiser in any case, regardless of the cancellation period and in addition to the cancellation fee (described above).

10. Events

10.1. Cancellation

  • In case of cancellation between twelve (12) weeks before the event and eight (8) weeks before the event, 50% of the fees specified in the Order Form will be charged in case of cancellation.
  • From eight (8) weeks before the event, in case of cancellation, 100% of the fees specified in the Order Form will be charged.
  • If the communication campaign concerning the event (with integration of the Advertiser’s logo) is already in production or has already appeared, 50% of the fees specified in the Order Form will be charged if the event is cancelled (regardless of the cancellation period).
  • Costs already incurred by Trustmedia will be charged to the Advertiser in any case, regardless of the cancellation period and in addition to the cancellation fee (described above).

11. Editorial podcast

11.1. Cancellation

  • From three (3) weeks before the start date of the editorial podcast campaign, 100% of the fees specified in the Order Form will be charged in case of cancellation.
  • If the communication campaign concerning the event (with integration of the Advertiser’s logo) is already in production or has already appeared, 50% of the fees specified in the Order Form will be charged if the editorial podcast campaign is cancelled (regardless of the cancellation period).
  • In case of cancellation of one or more Advertisements of an advertising campaign or a continuing performance contract, the volume discount (if any) allowed will be reviewed and invoiced in respect of the Advertisements already published.
  • Costs already incurred by Trustmedia will be charged to the Advertiser in any case, regardless of the cancellation period and in addition to the cancellation fee (described above).