Advertise Ts & Cs
TERMS AND CONDITIONS
1. DEFINITIONS · The expression “the Company” shall herein mean Sunshine Radio And its subsidiaries, and shall include the succession in title and assignees of that company and its subsidiaries. · The expression “the Advertiser”, wherever it here unto appears, shall mean person, firm or company by whom an order for an advertisement booking in places and shall also mean and include the advertisers successors in title and assignees. · The expression “the Authority” shall mean OFCOM or RACC. · The expressions “media booking” means the period set out in media schedule or agreed Pursuant to the J-ET process during which the Advertisement shall be broadcast or Published by “the Company”. · The Expression “Media Booking Fees” means the fees set out in the media schedule payable by the Advertiser for media booking. · The Expression “Media Schedule” means such agreement entered into between the Advertiser and the company in respect for the media booking(s), either in respect Media Booking on a short term or a long term contract between the parties. This also applies to event bookings, promotional bookings and hire of equipment or staff associated to “the Company”.
2. ADVERTISING AGENCIES AND COMMISSIONS · An advertiser who is an advertising agency shall be deemed by contract as principal and will accordingly be responsible for the payment of accounts and will be deemed to have full authority in all matters connected with the placing of orders and the approval or amendment of advertising copy. · Agency commission for 15% is payable to all advertising agencies recognized by the company and will be calculated on the basis of the rates applicable less discounts allowed. · No agency commission payable to the company to such an advertiser shall be paid or allowed to or share with any client of the advertising agency that’s not recognized by the appropriate media organisation in its own country.
3. ACCEPTANCE OF TERMS AND CONDITIONS · The placing of an order with the Company by the Advertiser will be deemed an acceptance of these terms and conditions by the Advertiser. · No terms and conditions other than those set forth herein shall be binding u pon the Company or the Advertiser unless reduced to writing and signed by or on behalf of the Company and the Advertiser/ 4. ACCEPTANCE OF THE ADVERTISEMENTS · All advertisements will be broadcast subject only to approval of them by the company and to their compliance with the broadcasting act 1990, the Authority code of Advertising Standards and Practise and the company’s technical requirements. · Advertising copy must be delivered not less than 7 clear working days before scheduled broadcast date unless the company shall in any particular case agree to accept a shorter period. Delivery of advertisement copy shall not be deemed to have been made until the company’s technical requirements have been complied with the relevant broadcast instructions have been given, · The company at any time may without incurring liability whatsoever to the advertiser : 1) add to, delete or otherwise amend advertisement copy if so required by the Authority. if the copy is submitted less than 48 hours prior to the first transmission time and in the opinion of the Company contains unsuitable copy, but the Advertiser shall remain liable to pay for such advertisements. 2) Decline to broadcast any advertisements without giving any reason for declining but the advertiser shall not be liable to pay for such advertisements. 3) Restrict any repeat broadcast for the same advertisements. All bookings are accepted on the understanding that they will be paid for, at the rates in force at the date of broadcast.
4) DATE/TIMES OF BROADCAST · The Company does not guarantee the scheduled times and/or dates of broadcast with be adhered to, but if for any reason whatsoever and advertisement is: · Not broadcast during the period arranged or not broadcast at all. · Broadcast so that the material part thereof is omitted or Broadcast containing a material error made by the company. Then the company will endeavour to offer a broadcast during some other period which may be accepted by the advertiser provided that is any offer is not acceptable (or is not made), the advertiser will have no claim against the Company and/ort the authority in respect of non -broadcast or for any expense or damage whatsoever incurred as a result therefore; and the company shall make no charge to the advertiser for such advertisement. · In the event of the company’s activates being restricted, curtailed or prevented by any law or any other act or thing beyond the company’s control, the company may at any time; notwithstanding anything herein before contained, forthwith determine any contract without prejudice to the company’s right to be paid by the Advertiser any monies due and owning by the advertiser to the company at the time of such determination.
5. CANCELLATIONS · Any “Media Booking” may be cancelled by either party provided that notice in writing is received By “The Company” or the Advertiser as the case may be not less than 28 days before the first Scheduled broadcast or publication date as described in the “Media Schedule”. · Where The Advertiser Fails to cancel the “Media Booking”, “The Company” reserves the Right to charge the Advertising up to 28 days from the time of cancellation.
6. TERM AND TERMINATION · This Agreement shall commence on the Commencement Date and shall continue for the duration of the media booking. · Either party may terminate this Agreement by giving to other notice in writing no later than 28 days Before the scheduled start date of the campaign. Termination by the Advertiser will result in a cancellation charge of 25% of the “Media Booking Fee” plus a reimbursement to the company of all costs incurred to the date of termination in respect of the campaign, payable in full by the advertiser on the date of the termination. For the avoidance of doubt, a termination notice received by “The Company” later than 28 days before the scheduled start of the campaign will result in the entirety of the “Media Booking Fee” becoming due and immediately payable.
7. MATERIAL AND PRONERTY LIABILITY · While every care will be taken in respect of recording, scripts or other material the Company cannot accept liability for the loss, damage or delay in delivery therefore whether in the studios or in transit and whether or not such recordings, scripts or other material are supplied by the company.
9. ACCOUNTS · Accounts payable by an advertisement agency recognized by the company shall be paid No later than 30days following the invoice date · Other accounts shall normally be paid not later than 4 clear working days before the scheduled broadcast date and in default of such payment for the company shall be entitled to refuse to broadcast the advertisement. · The existence of a query of any individual item in any account shall not be affect the due date of payment of the balance of the account.
10. WARRANTIES AND INDEMNITIES · The advertiser warrants and undertakes that he/she will be responsible for obtaining And paying for all necessary license and consents for the broadcast of any advertisement copyright material contained, or in the inclusion of any person in his/her advertisements. · No Advertisement shall breach the copyright or other rights or be defamatory of any third party. · He/she will indemnify and keep the company indemnified against all actions, proceedings. Costs, damages, expenses, penalties, claims, demands and liabilities arising from the breach Of the above warranties or in any manner whatsoever in consequence of the use, recording Or broadcasting of any advertisement copy or matter supplied by or broadcast for the advertiser.
11. CHANGES OF RATES AND CONDSTIONS · The company reserves the right to change the advertisement rates, time segments, classification And any of these terms and conditions by not less than 28 days notice and in the event of such A change, the rates payable and the terms and conditions applicable shall be those in force at The time of the broadcast but the advertiser concerned shall (by serving written notice on the Company within 28 days of receiving notice to such change) be entitled to cancel any order for Advertisements to which the changed rates of terms and conditions would otherwise be applicable. · The Company may from time to time make special charges and/or conditions for certain types of Advertisements or for bookings at specific periods.
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