General Terms & Conditions of Advertising Contract
a) The expression ‘the Company’ shall hereinafter mean Kingdom FM Radio Ltd, and shall include the successors in title and assigns of these Companies.
b) The expression ‘the Client’ wherever it hereinafter appears, shall mean the person, firm or company by whom an order for an advertisement, promotional activity of sponsorship booking is placed and shall also mean and include the Client’s successors in title and assigns.
c) The expression ‘the Authority’ shall mean the Radio Authority.
d) The expression ‘Promotional Activity’ wherever it hereinafter appears, shall mean promotional activity and / or sponsorship booking.
e) The expression ‘Advertisement Copy’, and / or ‘Advertisement’, and / or ‘Promotional Trailer’, wherever it hereinafter appears, shall mean the content of an advertisement, or trailer for promotional activity.
f) The expression ‘Comprod’ wherever it hereinafter appears, shall mean the production of any advertisement, in whatever form created or supplied to the Client.
2. ADVERTISING AGENCIES AND COMMISSIONS
a) The Clients who are 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 bookings and the approval or amendment of Advertisement Copy, Comprod or Promotional Activity.
b) Agency commission of 15% is payable to all advertising agencies recognised by the Company in respect of airtime broadcasts only and will be calculated on the basis of the rates applicable less discounts allowed and less any surcharge payable under the provisions of Condition 4.
c) No agency commission payable by the Company to such an advertising agency shall be paid or allowed to, or shared with any client of the advertising agency not recognised under Condition 2b (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 Client will be deemed an acceptance of the general Terms and Conditions set forth herein.
b) No terms or conditions other than those set forth herein or any variation thereof under Condition 11 shall be binding upon the Company or the Client unless reduced to writing and signed by, and on behalf of, both the Company and the Client.
4. ACCEPTANCE OF ADVERTISEMENTS
a) All advertisements will be broadcast subject only to approval of the Company and their compliance with the Broadcasting Act 1990, The Authority’s Code of Advertising Standards and Practice and the Company’s technical requirements and submission procedures.
b) Advertisement Copy must be delivered to the Company not less than three clear working days before the 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 Clients fails to deliver Advertisement Copy in accordance with the provision of this paragraph, the client will be subject to a surcharge of £50.00, payable to the Company, and remain liable to pay for the advertisement whether or not it is broadcast.
c) The form in which the Advertisement Copy must be submitted, the procedure for the approval and / or rejection thereof, 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 Advertising Copy, and / or alternative Copy.
d) The Company, at any time, may without incurring any liability whatsoever to the Client:
(i) add to, delete, change or otherwise amend the Advertisement Copy if so required by the Authority or if, in the opinion of the Company, the Advertisement Copy contains unsuitable Copy, but the Client shall remain liable to pay for such Advertisements.
(ii) decline to broadcast any Advertisements without giving any reason for so declining, but the Client shall not be liable to pay for such Advertisements.
(iii) restrict any repeat broadcast for 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.
5. ACCEPTANCE OF PROMOTIONAL ACTIVITIES
a) The copy of Promotional Activities must be delivered to the Company not less than ten clear working days before the scheduled broadcast date unless the Company shall in any particular case agree to accept a shorter period. Delivery of the 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.
b) The Company does not permit multi -media promotion of any Promotional Activity unless the Company’s prior approval in writing has been given.
c) The Company retains all the broadcast rights in respect of Promotional Activities.
d) The Company does not permit the use to be made of the Company’s logo or station name without prior written authorisation.
e) The Company reserves the right to review the rates applicable to any Promotional Activity in the light of audience data.
f) The Company may, at any time, without incurring any liability whatsoever to the Client:
(i) add to, delete or otherwise amend the Promotional Activity if so required by the Authority or if, in the opinion of the Company, the Promotional Trailers contain unsuitable Copy but the Client shall remain liable for payment.
(ii) decline to broadcast any Promotional Trailers without giving any reason for so declining but the Client shall be liable to pay for any such Promotional Trailer.
(iii) restrict any repeat broadcast of the same Promotional Trailer.
g) Upon the Company accepting the Promotional Activity is non- cancellable by the Client without the written agreement of the Company and in the event of the Company’s approval not being given, the Client shall remain liable to pay for the Promotional Activity.
h) The Company shall not be held responsible for any errors or omissions either accidental or intentional, although every care will be taken to ensure the accuracy of any broadcast.
i) The Client is fully responsible for the organisation and safety connected with any event or other Promotional Activity.
6. DATES / 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) not broadcast so that a material 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 Client provided that, if any offer of such a broadcast is not accepted (or is not made) the Client shall have no claim against the Company in respect of the non-broadcast or for any expense or damage whatsoever incurred as a result thereof, and the Company shall make no charge to the Client for such Advertisement, but the Company shall be entitled to be paid by the Client any agreed fees or such expenses as the Company has incurred in respect of any facilities arranged or provided.
b) In the event of the Company’s activities being restricted, curtailed or prevented by any laws or any other act of 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 Client any monies due and owing by the Client to the Company at the time of such determination.
Subject to the provisions of Conditions 4 (d), 5 (f) and 11, any booking may be cancelled by either side, provided that notice in writing is received by the Company or the Client, as the case may be, not less than twenty-eight days before the scheduled broadcast date. Such notice must be given by way of recorded delivery. In the event of airtime being cancelled by the Client within this twenty eight day period, the airtime will remain invoiced as booked and payment will be required by the fifteenth day of the month following the booking. The airtime will then be held until such times as the Client wishes to run the campaign subject to the proviso that the airtime is transmitted no later than six months from the date of the original booking. If, for any acceptable reason it becomes necessary to amend an airtime schedule in relation to airtime dates, amendments will be accepted. If a second amendment is required, the commercial spots will be revised, but the invoice will remain as booked and payment terms will still apply.
8. MATERIAL AND PROPERTY LIABILITY
a) While every care will be taken in respect of recordings, script or other material the Company cannot accept liability for the loss, damage or 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.
b) Unless otherwise stated in writing, any material produced for the Client, including script or recorded material shall remain the property of the Company.
c) No material, however, produced may be reproduced in the whole or part for use in any other way whatsoever without prior written agreement by the Company.
d) A License to use any material produced by the Company may be granted subject to the Company’s written agreement.
a) Accounts payable by an advertising agency recognised by the Company, or any other approved credit customer of the Company shall be paid by the fifteenth day of the month following the month of broadcast. Other accounts shall be paid no later than seven clear working days prior to the scheduled first broadcast date and in default of such payments, the Company shall be entitled to refuse to broadcast the Advertisement and cancel any Promotional Activities.
b) The existence of any bona fide query of any individual item on an account shall not affect the due date of payment of the balance of the account.
c) Overdue accounts will attract interest at the rate of 5% over the Base Rate from time to time of the Royal Bank of Scotland plc until such time as settlement is received.
d) A certificate by a director or other authorised officer of the Company shall (in the absence of manifest error) be conclusive evidence for all purposes against the Client.
10. WARRANTIES AND INDEMNITIES
The Client warrant and undertakes:
i) Responsibility for obtaining and paying for all necessary licenses and consents for the broadcast of any advertising copyright material contained in, or the inclusion of any person in the Advertisement or Promotional Trailer.
ii) No copy will breach the copyright, or other rights of, be defamatory of, any third party.
iii) To indemnify and keep the Company indemnified against all actions, proceedings, costs, damages, expenses, penalties, claims, demands, and liabilities arising from any breach of the warranties or in any manner whatsoever in consequence of the use, recording or broadcast of any Copy of other matter supplied or broadcast.
11. CHANGES OF RATES AND CONDITIONS
a) The Company reserves the right to change the advertisement rates, time segments, classifications and any of these terms and conditions by not less than twenty right clear working days’ notice and in the event of such a charge, the rates payable and the Terms and Conditions applicable shall be those in force at
the time of broadcast, but the client, subject to condition 4 (d) and 5 (f), concerned shall, by serving written notice on the Company within ten clear working days of receiving notice of such change, be entitled to cancel any order for an Advertisement to which the changed rate or Terms and Conditions would otherwise be applicable.
b) 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.
The Client consents to the registration of any contract containing these Terms and Conditions and any certificate issued pursuant to Condition 9 (d) for execution.
13. GOVERNING LAW
These Terms and Conditions and any contract containing such Terms and Conditions, shall be construed in accordance with the Law of Scotland and any disputes, differences or matters arising under, out of or in connection thereto shall be determined by the courts of Scotland (except where the Client is in, or (not being a body corporate) has his or its principal place of business in England or Wales when it shall be subject to and construed in accordance with the Law of England and any dispute, differences or matters arising under, out of or in connection thereto shall be determined by the courts of England and Wales.
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