Stichting FomixMedia
Chrysantentuin 72
2724 NN Zoetermeer, The Netherlands
- Company register (KvK)
- 88162125
- VAT
- NL864523117B01
- Contact
- info@fomixmedia.nl
1. Supplier and scope
These terms apply to the website, accounts, AudioFlow and VideoFlow software licences and related services supplied by Stichting FomixMedia. Our contact and registration details appear below. “Customer” means the individual or organisation using an account or entering into a contract. A consumer is an individual acting outside their trade or profession.
A specific written quotation or contract prevails in case of conflict. Mandatory law, including consumer rights, always applies. Acceptance at registration concerns account use; registration alone is not an order, payment obligation or waiver of statutory rights.
2. Offers and contracts
An offer identifies the product, included features, permitted versions, term, price, recurring charges if any, delivery method and relevant system requirements. A paid contract arises only after you accept the offer and we confirm the order or request. Consumers are informed of the total price including VAT and mandatory charges before becoming obliged to pay.
Requests for upgrades, renewals or other licence changes are reviewed first. A request or payment of an existing invoice does not automatically grant new features, a different HWID or a changed term unless expressly included in the confirmed agreement.
3. Accounts and security
Provide accurate, current information and have authority to act for any organisation you name. Protect login credentials and recovery codes, use a unique password and promptly report suspected misuse. Do not share a personal account. We may require additional verification for sensitive changes.
We may temporarily restrict access where there are concrete indications of abuse, a security risk or a serious contractual breach. Where reasonable, we inform you of the reason and remediation process. A disputed invoice or mistake does not result in permanent termination without assessment.
4. Software licences and features
Following agreed delivery and payment, you receive a right to use the software within your licence limits. The licence specifies the product, owner, permitted versions, features, quantities and any expiry date. You do not acquire ownership of the software or source code. The right is non-exclusive and transferable only with our prior agreement, except where mandatory law provides otherwise.
“Unlimited” as a term means the agreed licence has no expiry date. “All versions” means that licence has no version restriction. This does not automatically include other products, separately paid features, unlimited support or new services outside the agreement. Statutory update and conformity obligations remain applicable.
5. Devices and HWID
A licence may be tied to a hardware identifier (HWID). Do not bypass protection or activation, share licence codes without permission or use more simultaneous installations than allowed. Customers cannot change the HWID themselves in the account area; contact support for review when changing or replacing hardware.
When a licence is replaced, cease the old use to the extent no longer permitted by the agreement. An old offline code continuing to work technically does not grant an additional right of use. Statutory rights relating to defects or necessary replacement remain intact.
6. Permitted use and content
Use the software and website lawfully and according to the documentation. Do not distribute malware, test security without permission, access others’ data or impose excessive load. Reverse engineering or modification is permitted only to the extent allowed by law or by our permission.
You are responsible for rights to music, video, images, jingles, broadcasts and other content you process. A software licence grants no copyright, neighbouring-right, broadcast or collecting-society licences for that content. You retain your own content; we use it only as necessary to provide the agreed services.
7. Delivery and technical environment
Delivery occurs as agreed, for example through your account, a download or a licence code. Stated schedules are estimates unless an express deadline is agreed. We inform you of delays. Statutory remedies for late delivery remain available.
Provide a suitable computer, legitimate operating system, required equipment, connections and your own backups. We disclose relevant compatibility and system requirements before purchase. Software and continuity features do not replace the need for an appropriate broadcasting setup and recovery plan.
8. Updates, maintenance and availability
Account downloads and updates are available according to your licence terms and active status. Release information describes each update. New modules or other products may be offered separately. We may perform maintenance and, where possible, inform you of relevant interruptions. Without a separate SLA we promise no uninterrupted availability or fixed response time.
For consumers we provide updates, including security updates, required by law to maintain contractual conformity for the applicable period. We inform you about relevant updates and consequences of not installing them. Expired download access does not remove these statutory rights; contact us where needed.
9. Support and additional services
Support is available through tickets or info@fomixmedia.nl. Provide a clear description, version and relevant error information without secrets. Manuals and downloads may require an account or suitable licence. Installation, migration, configuration, training or custom work beyond your package is agreed separately in advance, including any fees.
10. Prices, invoices and payment
Pay the agreed price within the deadline stated on the invoice. Payments may use the offered Mollie methods or another agreed method. Do not share payment credentials with support. Report invoice errors promptly for review; doing so does not affect your statutory rights.
For overdue payments we first send a reminder and allow the legally required opportunity to pay. Interest and collection fees are charged only as permitted by law and after satisfying applicable conditions. Consumer protections apply, including a free fourteen-day payment notice where required.
11. Term, renewal and cancellation
A monthly, annual or other fixed-term licence has its agreed duration. Renewal, price and any automatic renewal must be clearly agreed in advance; an account alone is not a paid subscription. Submit cancellation or renewal through an available account function, ticket or email. We confirm its handling.
Mandatory consumer rules govern renewal and cancellation, including the applicable maximum notice after tacit renewal. You can cancel online if you subscribed online. A dashboard request workflow does not restrict a valid cancellation by email. A licence without an expiry date has no periodic renewal to cancel.
12. No voluntary refunds; statutory rights
We offer no voluntary money-back guarantee or refund solely because you change your mind, do not use the software or end an ongoing period early. This applies only as permitted by law. We do not exclude statutory rights to withdrawal, repair, price reduction, termination or reimbursement for non-performance.
Consumers generally have fourteen days to withdraw from a distance contract for services or digital content, starting when the contract is concluded. Exceptions require the statutory conditions. For immediate digital content supply, withdrawal expires only where legally possible, after separate prior express consent, acknowledgement of the loss and the required confirmation. The registration checkbox is not that consent or acknowledgement.
To exercise a statutory withdrawal right, email info@fomixmedia.nl within the applicable period with an unambiguous statement and enough information to identify the contract. You may use the statutory model form, but this is not required. We acknowledge receipt and handle valid withdrawal and reimbursement within the statutory deadlines.
13. Defects and statutory conformity
Report problems so we can investigate and remedy them where our responsibility. Consumer digital content and services must conform to the contract and statutory requirements. Depending on the circumstances, you may be entitled to free repair, replacement, a price reduction or termination. These terms do not limit those rights.
14. Liability and continuity
We are responsible for failures attributable to us under law or contract. There is no exclusion for intent or deliberate recklessness of our management, liability that cannot legally be restricted, or statutory consumer rights.
Only for business customers, indirect loss such as lost revenue or broadcast interruption is excluded to the extent reasonable and lawful. Any other limitation must be expressly stated in a specific agreement. Take reasonable steps to limit loss, including backups and suitable fallback arrangements; this does not release us from our obligations.
15. Events beyond reasonable control
Statutory rules apply where performance is prevented by circumstances not attributable to us. We inform you of relevant impediments and seek a reasonable solution. Such events do not grant an unlimited right to retain payment without performance or prevent statutory termination rights.
16. Privacy and confidentiality
Personal data processing is described in the privacy policy; the cookie policy covers device storage. We keep non-public information shared for support or performance confidential, except where processing or disclosure is necessary for the assignment or a legal obligation. If a separate assignment involves processing personal data on your behalf, we arrange an additional processing agreement where required.
17. Changes and ending the contract
Existing contracts retain their agreed terms. We do not amend them retroactively. A necessary change to an ongoing service is clearly communicated in advance and must be permitted by law and contract; where required you may terminate without charge. Posting new terms on the website alone does not make them apply.
For a serious breach, we first allow a reasonable remedy period where required by law and remedy is possible. Following valid termination, the relevant usage right ends as agreed; preserve your own data in time. Provisions intended to survive, including confidentiality, ownership rights and necessary administrative obligations, remain applicable.
18. Complaints, governing law and disputes
Send complaints to info@fomixmedia.nl with a description and relevant details. We acknowledge receipt and generally provide a substantive response within fourteen days or explain when to expect one. You may use statutory remedies without completing an internal procedure where the law does not require it.
Dutch law governs the contract. For consumers this does not remove applicable mandatory protections of their habitual residence. Disputes go to the court competent under law; these terms impose no different mandatory court on consumers. If a provision is invalid, the remaining provisions continue to apply where legally possible.
Model withdrawal form
Complete and send only if you wish to withdraw from a contract under a statutory withdrawal right. An unambiguous email is also sufficient.
To: Stichting FomixMedia, Chrysantentuin 72, 2724 NN Zoetermeer, info@fomixmedia.nl
I/we hereby notify you that I/we withdraw from my/our contract for the supply of the following digital content / provision of the following service:
..........................................................................
Ordered on / received on: ......................................
Name and address of consumer(s): ......................................
Date: ......................................
Signature (only if submitted on paper): ......................................
Delete as appropriate.
Further information
ACM ConsuWijzer — withdrawal rightsACM ConsuWijzer — digital products and conformityA question about these agreements?
We are happy to explain. Email us or open a support ticket.
info@fomixmedia.nl
