General Terms and Conditions
General Terms and Conditions
- It is agreed that at the time of renegotiation, the sponsee will automatically invite the sponsor to the first rights to re-negotiate from their corporate area. If there are two corporate from the same area both will be treated equally and both will be offered rights to re-negotiate.
- In the event of a dispute arising that the parties themselves cannot resolve, the parties agree to refer the matter to an independent arbitrator appointed by mutual agreement.
- If the parties cannot agree on an arbitrator, or both parties do not agree with the decision of the arbitrator appointed, the agreement may be terminated in the following manner: a) If the breach is one that can be rectified, then the non-breaching party can request in writing that the breach be rectified in 14 days. If the breach is not rectified within that time, the nonbreaching party may terminate the Agreement immediately; b) If the breach is one that cannot be rectified, the non-breaching party may terminate the Agreement by giving 14 days written notice of their intention to terminate. c) If either party goes into liquidation, is wound up, dissolved (except for the purpose of reconstruction or amalgamation), enters into a scheme of arrangement or is placed under official management or in receivership, the other party may terminate the Agreement by giving 14 days written notice of their intention to terminate under the clause. d) In the event of a termination under this Agreement, each party’s rights and liabilities will cease immediately but the termination shall not affect a party’s rights arising out of a breach of this agreement by the other party. If a sponsor decides to terminate this agreement and no breech occurred from the sponsee no monies shall be refunded. If the sponsee were to terminate the PodMD project, the sponsor will only be charged for the number of podcasts made on their behalf and a refund given.
- Sponsorship fees will be used at the discretion of PodMD directors and do not need to be disclosed to sponsors.
- Podcasts may be “brought to you by” an Industry Partner or sponsor. This is at the discretion of the PodMD directors.
- Each party shall indemnify the other against any claims arising from any breach of the agreement by either party.
- The terms and conditions of this agreement shall not be disclosed to any third parties without the prior written consent of both parties.
- The rights of either party under this agreement shall not be transferable or assignable either in whole or in part.
- The sponsorship timeframe begins from the date of payment (unless discussed otherwise). In the case where there are no upcoming podcasts or no podcasts with relevant topics, the sponsor may choose to sponsor an existing podcast from the PodMD library. If this is not suitable, the parties may negotiate different terms.
- Existing and/or Previous RWS clients: Clients who have engaged RWS for their services and have previously provided a professional photo for marketing purposes will have this same photo used for their podcast preview icon. Should the client prefer a logo, PodMD generic logo or other image be used, it is the client’s responsibility to inform PodMD/RWS and to supply a different image. RWS/PodMD will use the photo on file if not told otherwise. PodMD can also use the photo from the client’s website if requested.
The image used will also appear on social media posts via the PodMD social media pages.
- Non-RWS clients: Clients who have engaged PodMD purely to create podcasts or in a sponsorship capacity, it is the client’s responsibility to provide an appropriate photo or logo to use. If this is not supplied, the podcast will include the generic PodMD logo as the preview icon. PodMD can also use the photo from the client’s website if requested.
The image used will also appear on social media posts via the social media PodMD pages.