General Terms and Conditions

General Terms and Conditions

Industry Partner Agreements

  1. It is agreed that at the time of renegotiation of Industry Partner Agreements (IPA) that PodMD will automatically invite the partner to the first rights to re-negotiate from their corporate area. If there are two corporates from the same business sector both will be treated equally and both will be offered rights to re-negotiate their IPA.
  2. In the event of a dispute arising that the parties (i.e. PodMD and the industry partner) themselves cannot resolve, the parties agree to refer the matter to an independent arbitrator appointed by mutual agreement.
  3. 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 partner decides to terminate this agreement and no breech occurred from PodMD no monies shall be refunded. If PodMD were to terminate the PodMD project, the partner will only be charged for the number of podcasts made on their behalf and a refund given.
  4. Partnership fees will be used at the discretion of PodMD directors and do not need to be disclosed to partners.
  5. Podcasts may be, “brought to you by” an Industry Partner. This is at the discretion of the PodMD directors and subject to the IPA inclusions.
  6. Each party shall indemnify the other against any claims arising from any breach of the agreement by either party.
  7. The terms and conditions of this agreement shall not be disclosed to any third parties without the prior written consent of both parties.
  8. The rights of either party under this agreement shall not be transferable or assignable either in whole or in part.
  9. The partnership timeframe begins from the date of payment (unless discussed otherwise)
  10. In the case where there are no upcoming podcasts or no podcasts with preferred topics, the partner may choose to have their tagline added to an existing podcast from the PodMD library. If this is not suitable, the parties may negotiate different terms.
  11. Exclusivity is not provided to any industry partner, however, it is the aim of PodMD to have one industry partner per sector. There is often service crossovers between industry partners. Our aim is to develop a great working relationship with a main industry provider from each sector.
  12. When deciding what podcasts to list your company details and/or tagline, we endeavour to provide this in a fashion that will most likely result in the best exposure for your business. We consider the reach and exposure, the newness of the podcast, topic and state of creation, however, the rate and type of podcasts we receive can sometimes limit us in this space.
  13. The advice and information contained within a business podcast/video/social media post/newsletter is the partner’s responsibility. PodMD cannot be held liable or accountable in any way for the content, and it is up to the partner to ensure the content remains suitable, needs to be updated or should be removed from the library if it is no longer relevant. PodMD does not periodically remind you to check the currency of your podcast.

Clinical Podcasts

  1. The clinical advice and information contained within a podcast/video/social media post/newsletter is the client/guest’s responsibility. PodMD/RWS cannot be held liable or accountable in any way for the content. It is up to the client/guest to ensure the content remains accurate and must advise PodMD to edit or remove a podcast should it become irrelevant.
  2. PodMD/RWS does not periodically remind you to check the currency of your materials.