General Terms of Use and Sale
This is an informational translation only.
This is an informational translation only. In the event of any discrepancies or differences in interpretation, the original Dutch text shall prevail and shall be considered the only legally binding version.
The website Unisono.be is a collaboration between Sabam, PlayRight, and SIMIM, in accordance with the Royal Decree of 17 May 2019. This website is published and made available online by Sabam CV, enterprise number/VAT BE 0402.989.270, RPR Brussels, with its registered office at Tweekerkenstraat 41–43, 1000 Brussels. The day-to-day management of the website and of the MyUnisono platform is carried out by Sabam CV.
Email: info@unisono.be
Telephone: +32 2 286 82 11
(Hereinafter referred to as “Unisono” or the “seller”.)
I. General Terms of Use
1. General Conditions
Access to and use of this website are subject to the prior acceptance of the General Terms of Use and Sale (GTUS). By visiting this website or using the information available on it, you automatically accept these general terms and conditions. The terms of use apply to all current and future online services. PlayRight, Sabam, and SIMIM may modify these terms at any time.
2. Definitions
The “MyUnisono platform” refers to the online platform through which users can apply for the necessary licences and perform tariff simulations for the use of copyright protected works for which Sabam manages the authors’ rights, as well as for the public use of sound recordings for which PlayRight and SIMIM manage the neighbouring rights.
The “applicant” is the user of the repertoire of Sabam, PlayRight and/or SIMIM, whether a natural person or a legal entity, who wishes to obtain the required authorisation(s) through the MyUnisono platform.
The “representative” is the natural person appointed by the applicant legal entity who is authorised to act on its behalf.
The “online services” are all services offered by the MyUnisono platform.
“In writing” refers to all communication between the applicant or representative and Unisono, including communication by electronic means.
3. Representation of the applicant legal entity and appointment of other persons linked to the applicant
If the applicant is a legal entity, it must be represented by a natural person in order to gain access to the Unisono platform. The applicant has the possibility to designate one or more natural persons to submit declarations on its behalf.
Unisono reserves the right to verify the relationship between the applicant and its representative(s) and may request additional information concerning the articles of association of the legal entity and its lawful representation.
Unisono also reserves the right to refuse the registration of an applicant legal entity if there is insufficient evidence regarding the identity of the natural person authorised to represent that legal entity. The applicant will be informed of such refusal by email.
4. Changes in the representation of the applicant legal entity
The representative(s) of the applicant legal entity may use the MyUnisono platform within the limits of the terms of use.
If the applicant wishes to revoke the representative’s right to use the MyUnisono platform, the applicant is required to notify Unisono in writing.
Unisono will subsequently delete the account associated with the email address registered under the name of that representative. The data already entered in that account may be transferred to another existing account of the applicant, or to a new account, if requested by the applicant.
Unisono cannot be held liable for any use of the MyUnisono platform by the representative if the applicant has not notified Unisono in writing and in due time of any change.
5. Registration
Access to certain services is subject to the user’s registration.
5.1 Registration with email address
To register and make use of the MyUnisono platform, users must have an email address (maximum 50 characters). Any change to the email address must be communicated to Unisono. Unisono cannot be held liable for the inaccessibility of the MyUnisono platform due to a change of email address that was not communicated to it. During registration, the applicant must enter his/her own details as well as those of the representative if the applicant is a legal entity. All personal data will be processed by Unisono in accordance with its privacy policy on the protection of personal data, as set out in its Privacy Policy.
5.2 Password
To access the MyUnisono platform, users must have a password.
After completing the registration form, the applicant or, where applicable, his/her representative will receive a confirmation of registration for the MyUnisono platform at the email address provided, together with a login and a password for first time use.
When using any of the services for the first time, the user must enter his/her username—corresponding to the email address provided, and the initial password received from Unisono. The user will then be prompted to replace this password with a new password of his/her choice. The username and the chosen password must be entered each time the services are used.
This password is strictly personal and must not be disclosed to third parties.
The applicant and users undertake to notify Unisono immediately if, for any reason, they believe that the password is known by a third party or is being used in an unauthorised manner. Unisono will then request that the user choose a new password via the registered email address. Unisono cannot be held responsible if the applicant or users fail to notify Unisono in due time and third parties gain access to the MyUnisono platform using a misappropriated password.
The responsibility for the management and use of this password rests entirely with the applicant and the users. Unisono cannot be held liable if third parties unlawfully use the various online services of the MyUnisono platform by means of this password.
6. Login via email address or via Facebook or Google account
6.1. Email address
The user may log in using the email address provided during the registration of his MyUnisono account, together with the password chosen by the user (as described in section 5.2 “Password”).
If the user no longer remembers the chosen password, he must request a new password via the website. To do so, the user must enter his email address.
Unisono will send the new temporary password to the user by email. Unisono may decide that the costs associated with this procedure are to be borne by the applicant.
6.2. Facebook or Google
The user may also log in via his Facebook or Google account.
If the email address linked to the Facebook or Google account is known in the relevant Unisono database, the user will be logged in automatically and will gain access to his MyUnisono account in this manner. In such case, Unisono will not receive any new additional (personal) data from Facebook or Google about the user. Please note that the email address used by the user to log in via Facebook or Google must be the same as the email address with which the user created his MyUnisono account. If this is not the case, and the email address is not known to Unisono for these specific purposes, the user will be redirected to the Unisono registration page. Certain fields on this page will already be pre-filled with the data that Unisono received from Facebook or Google regarding the user. The user must then complete the registration and follow the procedure described above under section 5 “Registration” to create an account and subsequently make use of the MyUnisono platform.
The data received from Facebook or Google in this context are limited to the information found on the user’s public profile, such as name, first name, and possibly profile picture. Unisono will not receive any other data, including the password used to log in through these platforms.
Unisono will not post anything on the user's Facebook or Google account.
7. Liability of the applicant for non compliance with the terms of use
The applicant and the users are fully responsible for complying with these terms of use.
8. Liability of Unisono
a. Access and navigation
Sabam takes all reasonable and necessary measures to ensure the proper functioning, security, and accessibility of this website. However, Sabam cannot provide an absolute guarantee. Therefore, our actions must be regarded as a best efforts obligation.
Any use of this website is always at the user’s own risk. Sabam cannot be held liable for any damage that may result from possible malfunctions, interruptions, defects, or harmful elements present on the website.
Sabam reserves the right to limit access to the website or to interrupt its operation at any time, without prior notice.
b. Content
The information on this website has been prepared in good faith to provide clarification regarding Unisono, the unique platform established jointly by PlayRight, Sabam and SIMIM in accordance with Article XI.265 of the Code of Economic Law and Article 1 of the Royal Decree of 17 May 2019 laying down the detailed rules for administrative simplification for the collection of authors’ rights and neighbouring rights for the public performance of phonograms. If the information is nevertheless incomplete or contains errors, PlayRight, Sabam and SIMIM cannot be held liable. Likewise, PlayRight, Sabam and SIMIM cannot be held responsible for any damage of any kind resulting from or related to the use of or access to the website, or resulting from or related to the material, information, assessments, or recommendations on this website.
If certain content on the website or the MyUnisono platform infringes the law or third party rights, or violates public decency, Unisono asks you to inform it as soon as possible by email so that appropriate measures may be taken.
PlayRight, Sabam and SIMIM may at any time and without prior notice make any necessary modifications, improvements and/or changes to the information and materials displayed on this website.
Any download from the website is always at the user’s own risk. Unisono cannot be held liable for any damage, direct or indirect, resulting from such downloads, such as loss of data or damage to the user’s IT system, which falls entirely and exclusively under the user’s responsibility.
9. Receipt of invoice
The user of the MyUnisono platform agrees to receive the invoice relating to the authorisation requested by email.
10. Intellectual property rights
The materials that can be consulted on this website, including, without limitation, all editorial content, photographs, illustrations and other graphic material, as well as names, logos, trade marks and service marks, are the tangible and intellectual property of PlayRight, Sabam and SIMIM, or of companies affiliated with PlayRight, Sabam and SIMIM, or of third parties with whom PlayRight, Sabam and SIMIM have concluded licence or other agreements for this purpose, and may be protected by copyright, trade mark law, or other intellectual property laws. It is not permitted to copy, retransmit, distribute, disseminate, sell, publish, broadcast, circulate, edit, or modify the materials from our website or any part thereof. If you wish to reproduce or communicate this material to the public, in whole or in part, you must obtain the explicit written authorisation of PlayRight, Sabam and SIMIM, unless the applicable statutory provisions allow otherwise.
Company names, distinguishing signs, logos, or designs that may appear on this website may be protected by intellectual or industrial property rights. It is not permitted to freely use such protected materials.
The databases of PlayRight, Sabam and SIMIM,including, among others, their repertoire databases,made available to the public via this website, are the exclusive intellectual property of PlayRight, Sabam and SIMIM, both in terms of their content and their layout, structure, composition, organisation and language.
It is not permitted to reproduce, copy, transmit, distribute, disseminate, sell, publish, issue, circulate, edit or modify these databases, in whole or in part. Only the consultation of accessible data from these databases, without altering them, is permitted. Any exploitation of these databases therefore requires the prior written consent of PlayRight, Sabam and SIMIM, unless such consent is not legally required.
The automatic acceptance of these general terms and conditions may under no circumstances be interpreted as, or considered equivalent to, the granting of a licence or any other right of use relating to the information, data, products or services protected by intellectual or industrial property rights.
11. Links
11.1 Creating a hyperlink to the Unisono website
If you wish to include a hyperlink to the Unisono website on your own website, you must obtain explicit written permission. You may send your request to the webmaster.
11.2 Links to websites operated by third partie
The Unisono website contains links to websites that are not controlled by PlayRight, Sabam, or SIMIM. PlayRight, Sabam and SIMIM do not monitor these websites nor the content they contain. PlayRight, Sabam and SIMIM assume no responsibility whatsoever for the content of such links or for links contained within the linked sites.
12. Applicable law and competent courts
These terms and conditions are governed by and implemented in accordance with Belgian law. Only the courts of the judicial district of Brussels shall have jurisdiction to hear any disputes arising from them.
13. General provisions
Unisono reserves the right to modify, extend, remove, restrict, or interrupt the website, the MyUnisono platform, and the associated services at any time, without prior notice and without incurring any liability.
In the event of a breach of the GTUS by the user, Unisono reserves the right to take appropriate sanction and remedial measures. In particular, Unisono reserves the right to temporarily or permanently deny the user access to the MyUnisono platform or to its services. These measures may be taken without stating reasons and without prior notice. They cannot give rise to Unisono’s liability nor to any form of compensation.
The illegality or total or partial invalidity of any provision of these General Terms of Use and Sale (GTUS) shall not affect the validity and applicability of the remaining provisions. In such a case, Unisono shall have the right to replace the provision with another valid provision of similar intent.
14. Specific provisions for the Cultura platform for cultural venues
The Cultura platform is an online service made available by Sabam to cultural venues in Belgium, with the objective of simplifying the declaration procedure for events for which copyright and/or equitable remuneration are due.
14.1 Purpose and functionality of the platform
The Cultura platform enables cultural venues to submit declarations of concerts, performances, and other events in a structured and digital manner. Based on these declarations, the copyright fees and equitable remuneration due are calculated. The corresponding invoices are automatically generated and delivered to the user in the manner chosen by the user.
14.2 Users and access managemen
Only recognised cultural venues or their authorised representatives may obtain access to the Cultura platform. The user is responsible for the accuracy of the information provided and for maintaining the confidentiality of their access credentials. Sabam reserves the right to verify the identity of the user and to refuse or withdraw access in case of misuse or irregularities.
14.3 Obligations of the user
The user undertakes to:
- provide accurate and complete information for each declaration, in accordance with Unisono’s general licensing conditions;
- submit declarations in a timely manner, in accordance with Unisono’s general licensing conditions;
- pay the received invoices in due time, in accordance with Unisono’s general licensing conditions;
- use the platform solely for its intended purpose.
14.4 Processing of personal data
The personal data collected through the Cultura platform are processed in accordance with the General Data Protection Regulation (GDPR). Sabam acts as the data controller and implements appropriate technical and organisational measures to protect the data. More information is available in Unisono’s privacy policy.
14.5 Liability
Sabam cannot be held liable for damages arising from incorrect or incomplete declarations submitted by the user, nor for technical malfunctions beyond its control. The user remains at all times responsible for the accuracy of the information provided.
14.6 Modifications and maintenanc
Sabam reserves the right to modify, improve, or temporarily deactivate the Cultura platform for maintenance at any time, without prior notice. In case of structural changes, the user will be informed in due time.
14.7 Applicable law
The use of the Cultura platform is subject to the provisions of these general terms of use, as well as Belgian law. In the event of disputes, only the courts of the judicial district of Brussels shall have jurisdiction.
II. General Terms of Sale
1. Scope
These General Terms of Sale (hereinafter the “GTS”) define the mutual rights and obligations applicable to the purchase of services on the MyUnisono platform by an applicant.
The GTS reflect the entirety of the parties’ obligations. The applicant is deemed to accept them without reservation. Otherwise, the applicant’s order will not be validated.
As an exception, deviations from the provisions of the GTS may be agreed upon if set out in writing. Such deviations may consist of amendments, additions, or deletions relating to the clauses concerned and shall not affect the application of the remaining provisions of the GTS.
Unisono reserves the right to amend the GTS from time to time. Any modifications shall apply as soon as they are published online, for all purchases made after that date.
2. Online services offered
Through the website and the MyUnisono platform, the seller presents to the applicant the services offered for online sale.
The services are presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, Unisono cannot be held liable.
The services are offered subject to availability.
Prices and applicable taxes are specified for each online service offered, via the website and the MyUnisono platform.
3. Prices
The seller reserves the right to modify its prices at any time by publishing them online.
Only the stated rates and the taxes applicable at the time of the order shall apply.
Prices are indicated in euros.
The (provisional) total amount of the order (including taxes) is displayed before the final validation of the order. Please note that certain parameters may still be missing for a definitive calculation of the price. The final amount payable may differ from the indicated amount, in accordance with the general terms and conditions available on the website and on the MyUnisono platform.
4. Online order
The applicant has the possibility to complete the order online using an electronic form. By completing this form, the applicant accepts the price and the description of the services.
Please note that certain parameters may still be missing for a definitive calculation of the price. The final amount payable may differ from the estimated amount, in accordance with the general terms and conditions available on the website and on the MyUnisono platform.
To validate the order, the applicant must accept these GTUS by clicking on the designated area.
The applicant will be required to provide certain personal data in order to complete the payment: payment details (e.g. bank account or credit card number), IP address, internet browser and computer type, first and last name, email address, address, billing details, information regarding the purchased service, and any other personal data actively provided, for example by post or telephone.
These data will be transmitted to a third party, Unifiedpost Payments NV – holder of a licence for payment services – in order to process the payment. However, these personal data will be processed in accordance with applicable privacy legislation and, in particular, in accordance with the privacy policies of both Unisono (https://www.unisono.be/nl/privacy-policy-unisono) and Unifiedpost (https://www.unifiedpost.com/nl-be/privacy-cookie-policy).
All exchanges with the seller may take place via the email address provided by the applicant.
The applicant must also select and validate the chosen payment method.
The seller reserves the right to block the applicant’s order in the event of non payment, an incorrect address, or any other issue with the applicant’s account until such problem has been resolved.
5. Confirmation and payment of the order
The services ordered cannot be performed until full payment of the order has been received.
a. Payment
The applicant makes the payment at the time of the final validation of the order, using the selected payment method. This validation serves as a signature.
The applicant guarantees to the seller that they have the necessary authorisations to use this payment method and acknowledges that the information provided for this purpose constitutes proof of their consent to the sale and to the payment of the amounts due for the order.
The seller also reserves the right to refuse an order from an applicant who has not paid, or has only partially paid, for a previous order, or with whom a payment dispute is ongoing.
b. Confirmation
Upon receipt of the validated purchase, together with the payment, the seller sends the applicant a confirmation of the purchase of the service and an invoice. Unisono reserves the right to send an additional invoice if it later appears that the actual amount due is higher than the amount already paid.
If a service is not available, the seller will inform the applicant as soon as possible by email so that the service may be replaced or the order for that service cancelled, and the corresponding price refunded if applicable. The remainder of the order remains firm and definitive.
6. Evidence
Communications, orders and payments between the applicant and the seller may be proven by means of the automated registers, which are kept under reasonable security conditions in the seller’s computer systems. Order forms and invoices are archived on a reliable and durable medium and constitute proof.
7. Guarantees
The seller guarantees the conformity of the services with the contract in accordance with the law applicable at the time the contract is concluded.
8. Right of withdrawal
In accordance with Articles VI.47 et seq. of the Belgian Code of Economic Law, the applicant, if acting as a consumer, has a period of 14 calendar days from the day on which the order is placed to withdraw from and cancel the order.
The applicant acknowledges that they lose their right of withdrawal if the service is fully performed before the withdrawal period has expired.
A written request for cancellation must be sent before the end of the withdrawal period:
- By post, by sending the form to the following address:
Unisono
Tweekerkenstraat 41-43
1000 Brussels
Belgium - Or via the contact form available on our online platform.
9. Fraud
The applicant undertakes to use the online platform and the payment service made available to them in a non fraudulent manner, in particular by refraining from using a lost or stolen credit card.
10. Force majeure
If the seller is wholly or partially prevented from performing the order due to an unforeseen circumstance beyond its control, this constitutes a case of force majeure.
In the event of force majeure, the seller is entitled to suspend the execution of the order, in whole or in part, for the duration of the force majeure.
If the force majeure lasts more than 90 consecutive days, each party to the contract has the right to unilaterally terminate the contract by sending a registered letter to the other party. Services already performed by the seller will, however, be invoiced proportionally to the applicant.
11. Independence of the clauses
The illegality or total or partial invalidity of any provision of these GTS shall not affect the validity and applicability of the other provisions. The seller reserves the right to replace the unlawful or invalid provision with another valid provision of similar intent.
12. Applicable law and competent courts
These GTS are governed by Belgian law.
In the event of a dispute, and failing an amicable settlement, the dispute shall be submitted to the courts of the judicial district where the seller has its registered office.