RADIO BRACKNELL TERMS AND CONDITIONS OF CONTRACT
1 Definitions
“The Company” means Facilities Resource Limited trading as Radio Bracknell and shall include their successors in title and assigns of that company
“The Advertiser” means the person, organisation or company by whom an order for an advertisement or sponsorship booking is placed and shall mean and include the Advertiser’s successors in title and assigns.
2 Advertising Agencies and Commissions
An advertiser who is an advertising agency shall be deemed to contract as principal and will accordingly be responsible for 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 is payable to registered agencies recognised by the Company and will be calculated on the basis of the rates applicable less discounts allowed.
3 Acceptance terms and conditions
The placing of an order with the company by the advertiser will be deemed acceptance of these General Terms and Conditions of Contract by the advertiser
No terms or conditions other than those set forth herein or any variation thereof under Condition 10 shall be binding upon the company or the advertiser unless confirmed in writing and signed by or on behalf of both the company and the advertiser
4 Acceptance of Advertisements
All advertisements will be broadcast subject to approval of them by the company
Advertisements must be delivered not less than two clear working days before scheduled broadcast unless the company agree to waive the requirement and in an MP3 format. If the advertiser fails to deliver advertisement in accordance with the provision of this paragraph he shall remain liable to pay the full value of any advertising booked whether it is broadcast or not.
The company at any time without incurring any liability whatsoever to the advertiser
1. Add to, delete, change or otherwise amend advertising copy if in the opinion of the company the advertisement contains unsuitable copy but the advertiser shall remain liable to pay for such advertisement
2. Decline to broadcast any advertisement without giving any reason for so declining but the advertiser shall not be liable to pay for such advertisement
3. Restrict any repeat broadcasts of the same advertisement
Subject to the provisions of Condition 10 below all bookings are accepted on the understanding that they will be paid for at the rates in force at the dates broadcast
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
1. Not broadcast during the period arranged or
2. Not broadcast at all
3. Broadcast so that a material part thereof is omitted or
4. Broadcast containing a material error made by the company
b. the company 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 is not accepted (or is not made) the advertiser shall have no claim against the company in respect of non-broadcast or for any expenses 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.
c. In the event of the company activities being restricted, curtailed or prevented by any law or other act or thing beyond the company’s control, the company may at any time notwithstanding anything contained herein before contained forthwith determine any contract without prejudice to the company’s rights to be paid by the advertiser any monies due owing by the advertiser to the company at the time of such determination.
6 Cancellation
Subject to the provision of condition 10 any booking may be cancelled by the other side provided that notice in writing is received by the company or the advertiser as the case may be not less than twenty-eight days before the scheduled broadcast date. If the cancellation is made by the advertiser the campaign will be charged at the rate appropriate to the number of advertisements actually broadcast before such a cancellation becomes effective.
7 Material and Property Liability
Whilst every care will be taken in respect of recording, scripts or material, the company cannot accept liability for the loss, damage or delay in delivery thereof, whether in the studios or not, such recordings, scripts or other material are supplied by the company.
8 Accounts
a) Accounts payable by an advertising agency recognised by the company or by any other approved credit customer of the company shall be paid not later than the fifteenth day of the month following the month of broadcast. Other accounts shall not be paid later than seven clear days before the scheduled first broadcast date and in default of such payment the company shall be entitled to refuse to broadcast the advertisement.
b) The existence of a query on any individual item in an account shall not affect the due date of payment of the balance of the account.
c) Accounts not paid according to the terms detailed in condition 8a above will have future orders cancelled, including any currently being broadcast.
d) Interest will be charged in accordance with The Late Payment of Commercial Debt (Interest) Act 1998.
9 Warranties and Indemnities
The advertiser warrants and undertakes that:
a) He will be responsible for obtaining and payment for all necessary licences and consents for the broadcast of any advertising copy right material contained in his advertisement or the inclusion of any person.
b) No advertisement copy will breach the copy right or other rights of or be defamatory of any third party.
c) He will indemnify and keep the company indemnified against all actions, proceedings, cost, damages, expenses, penalties, claims, demands, 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 or broadcast for the advertiser
10 Changes of Rates and Conditions
The company reserves the right to change the advertisement rates, time segments, classifications and any of these terms and conditions by giving not less than twenty eight 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 ten clear days of receiving notice of such change) be entitled to cancel any order for an advertisement which the changed rates or terms and conditions would otherwise be applicable.
1st February 2009
