Advertising and Production Terms and Conditions

Advertising Terms and Conditions

 

1. Definitions

1. The expression “the Company” shall hereinafter mean Bradford City Radio Limited t/a Sunrise Radio (Yorkshire) and shall include the successors in title and assigns of that company.
2. The expression “the Advertiser”, wherever it hereinafter appears, shall mean the person, firm or company by whom an order for an advertisement booking is placed and shall also mean and include the Advertisers successors in title and assigns.
3. The expression “advertisement copy” shall mean any advertising material intended for broadcast by the company.
4. The expression “working today” shall mean any day of the week from Monday to Friday inclusive except any Bank or Public Holiday.

2. Advertising agencies and commissions

a) An Advertiser who is an advertising agency shall be deemed to 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 advertisement copy.

b) Agency commission of 15% is payable to all advertising agencies will be calculated on the basis of the rates applicable, less discounts allowable, and less any surcharge payable under the provisions of condition 4.

c) No agency commission payable by the company by such an Advertiser shall be paid or allowed to or shared with any client of the advertiser or any representative employee of any client or any advertising agency not recognised under condition 2(b) (or in the case of an overseas agency not recognised by the appropriate media organisation in its own country).

3. Acceptance of terms and conditions

a) The placing of an order with the company by the Advertiser will be deemed an acceptance of these terms and conditions by the Advertiser.

b) No terms and conditions other than those set forth herein or any variation thereof under condition 11 shall be binding upon the company or the Advertiser unless reduced to writing and signed by or on behalf of both the Company and the Advertiser.

4. Acceptance of advertisement

a) All advertisements will be broadcast subject only to approval of them by the Company and to their compliance with the “Broadcasting Act 1981” , Ofcom’s code of advertising standards and practice and technical requirements issued by Ofcom and the company’s technical requirements and submission procedures.

b) Advertisement copy must be delivered not less than 3 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 and submission procedures have been complied with and the relevant broadcast instructions have been given. If the Advertiser fails to deliver advertisement copy in accordance with the provisions of this paragraph he shall remain liable to pay for the advertisement whether or not it is broadcast.

c) The form in which advertisement copy must be submitted, the procedure for approval and/or rejection thereof, surcharges for later acceptance, changes or alternative copy use and like matters shall be dealt with in accordance with the submission procedures (as shall be published by the Company from time to time) prevailing at the date of submission of the advertisement copy.

d) The Company at any time may without incurring any liability whatsoever to the Advertiser:

i) add to, delete, change or otherwise amend advertisement copy if so required by Ofcom or if in the opinion of the Company the advertisement contains unsuitable copy but the advertiser shall remain liable to pay for any such advertisement.

ii) declining to broadcast any advertisement without giving any reason for so declining but the advertiser shall not be liable to pay for any such advertisement.

iii) restrict any repeat broadcast of the same advertisement

e) Subject to the provisions of Condition 11 below all bookings are accepted on the understanding that they will be paid for at the rates in force at the date of broadcast.

f) Advertisement copy not received prior to 3 working days before transmission will be subject to a late copy fee of £10 per advertisement.

 

5. Dates and times of broadcast

a) The Company does not guarantee that the scheduled times and/or dates of broadcast will be adhered to but if for any reason whatsoever an advertisement is

i) not broadcast during the period arranged, or

ii) not broadcast at all, or

iii) broadcast so that a material part thereof is omitted, or

iv) broadcast containing a material error made by the Company, the Company will endeavour to offer a broadcast or broadcasts during some other period which may be accepted by the Advertiser provided that if any offer of such a broadcast (or is not made) the Advertiser shall have no claim against the Company and/or Ofcom in respect of no broadcast or for any expense or damage whatsoever incurred as a result thereof and the Company shall make no charge to the Advertiser for such advertisement but the Company shall be entitled to be paid by the advertiser any agreed fees or such expenses as the Company has incurred in respect of any facilities arranged or provided.

b) Advertisements broadcast within ten minutes of the segment booked may in circumstances within which in the Company’s opinion are exceptional be treated as having been broadcast within segment.

c) In the event of the Company’s activities being restricted, curtailed or prevented by 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 owing by the Advertiser to the Company at the time of such determination.

6. Cancellations

Subject to the provisions of Condition 11, all airtime bookings which are subject of this contract, are firm and can only be cancelled by giving the company 28 days written notice, when the Advertiser’s liability will be limited to 50% of the total contract value. Cancellation will result in loss of all discounts.

 

7. Material & Property Liability

While every care will be taken in respect of recordings, scripts or other material the Company will not accept liability for the loss, damage, delay in delivery thereof whether in the studios or in transit and whether or not such recordings, scripts or other material are supplied by the Company.

 

8. Accounts

 Accounts payable by an advertising agency recognised by the Company shall be paid no later than the 7^th day of the month following the month of broadcast.

1. Other accounts shall normally be paid not later than 7 clear days (unless the Advertiser has approved credit facilities with Sunrise Radio and is within agreed limits of the credit facility) before the scheduled broadcast date and in default of such payment of the Company shall be entitled to refuse to broadcast the advertisement but will bill the advertiser as though transmission took place
2.  All accounts outstanding on the last day of each month or par thereof will be charged interest at a rate of 2% per month
3. Each time a cheque is unpaid/dishonoured by the bank, it will incur a charge of £30.00 + VAT, as well as other administrative costs, ie. If a cheque is unpaid / dishonoured three times the charge will be £45.00 plus VAT plus administrative costs.
4.  All reminders on overdue accounts are charged at £10.00 per reminder or £25.00 per personal visit by the Company representative, along with the standard 2% interest charge.
5. If the Advertiser does not keep to his schedule of payments as agreed or within the terms of this contract, then any discounts allowed to the advertiser shall become null and void and the entire amount become due for payment.

9. Warranties & Indemnities

The Advertiser warrants and undertakes that

1.  He will be responsible for obtaining and paying for all necessary licences and consents for the broadcast of any advertising copyright material contained or the inclusion of any person in his advertisement.
2. No advertisement copy will breach the copyright or other rights of or be defamatory of any third party nor shall be in breach of English law.
3.  He will indemnify and keep the Company indemnified against all actions, proceedings, costs, damages, expenses, penalties, claims, demands and liabilities arising from any 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.

 

10. Publicity & Information

In view of the requirements of section 8 of the “Broadcast Act 1981”, the Advertiser shall only publish any information in connection with any advertisement which has been broadcast or is scheduled for broadcast if the Company has given its prior written consent.

 

11. Changes of rates of conditions

1. The Company reserves the right to change the advertisement rates, time segments, classifications and any of these terms and conditions by not less than 28 clear 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 broadcast but the Advertiser concerned shall (by serving written notice on the Company within 10 clear days of receiving notice of such change) be entitled to cancel any order for an advertisement to which the changed rates of terms and conditions would otherwise be applicable.
2. The Company may from time to time make special charges and/or conditions for certain types of advertisements or for bookings at certain specified periods.