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Takeover Radio
Children's Media Trust
1.DEFINITIONS (a) "the company" means Takeover Radio Children's Media Trust (b) "The advertiser" means the person, firm or company by whom an order for an advertisement or sponsorship booking is placed and also includes the advertiser's successors in title and assignees (c) "OfCom" means the Office Of Communication or any successor body (d) "these conditions" means these terms and conditions as for the time being in force (including amendments under condition 9) (e) "advertising copy" means any advertising material intended for broadcast by the company. 2. ACCEPTANCE OF CONDITIONS (a) The placing of an order with the company by an advertiser will be deemed an acceptance of these conditions by the advertiser. (b) These conditions shall apply to the exclusion of any terms or conditions which the advertiser or any other person may state or refer to in correspondence, order forms or otherwise, whether before or after receipt by the advertiser of these conditions and not withstanding any custom, practice or course of dealing. (c) No variation, exclusion or waiver or any of these conditions shall be effective unless made in writing by a duly authorised represented of the company. 3. WARRANTIES AND UNDERTAKINGS (a) The advertiser warrants that:- (i) all advertising copy will comply with and will not infringe all relevant legislation including but not limited to the Broadcasting act 1990 and 1996 and any regulations under those acts. OfCom's code of practice of adverting standards and practices and the technical requirements of the company and OfCom; (i) no advertisement will breach any copyright, trademark, patent or other rights of whatever nature of any third party or be defamatory; (ii) none of the disks, hardware, software or other media containing the advertising copy is or has been affected by any virus or other malfunction or contamination and it operates logical, physical and environmental security controls to avoid all such viruses, malfunction or contaminations; and (iii) all such disks, hardware, software and other media have (or will have) been screened for any such viruses, malfunctions or contaminations prior to delivery to the company. (b)The advertiser will be responsible for obtaining and paying for all necessary licences and consent for the broadcast of material covered by copyright or the inclusion of reference to any person in (or required for) his advertisement. (c)The advertiser will indemnify and keep the company indemnified against all action, claims, proceeding, damage, losses, liabilities, cost and expenses arising from any breach of the above warranties, or obligations and / or from threatened legal action arising from any broadcast of the advertisement or in any legal action or manner whatsoever in consequence of the use, recording or broadcasting of any advertisement copy or matter supplied or broadcast for the advertiser. (d) The company shell not be liable for any consequential or indirect loss suffered by the advertiser, including without limitation loss of profits and loss of contract, whether arising from breach of duty in contract or tort or in any other way including loss arising from company negligence. 4. ACCEPTANCE OF ADVERTISEMENTS a) Advertising copy must be delivered not less than 7 clear working days before scheduling broadcast date unless the company in any particular case agree to accept a shorter period. Advertisement copy shall not be deemed to have been accepted until the company's technical requirements have been complied with and the relevant broadcast instructions have been given. (b) The company at any time may without incurring liability whatsoever to the advertiser: (i) Add to, delete or change advertising copy if so required by OfCom or 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 any such advertisement; (ii) Decline to broadcast any advertisement without giving any reason for doing so but the advertiser shall not be liable to pay for such advertisement; (iii) Restrict any repeat broadcast of the same advertisement. 5. DATE / TIME OF BROADCAST (a) The company does not guarantee that the scheduled times and / or dates of broadcast will be adhered to, but if any advertisement is; (i) Not broadcast during the scheduled period, or (ii) Not broadcast at all, or (iii) Broadcast so that a material part is omitted, or (iv) Broadcast containing a material error made by the company then the company will endeavour to offer a broadcast during some other period acceptable to the advertiser. If any such offer is not acceptable (or is not made). The advertiser will have no claim against the company in respect of any such matter or damage whatsoever incurred as a result thereof; but the company shall make no charge to the advertiser for such advertisement. (b) The event of the company's activities 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, not withstanding anything elsewhere in these conditions, forthwith terminate any contract. In such event, the advertiser will remain liable to pay any moneys due and owing to the company at the time of termination 6. CANCELLATION
Any booking may be cancelled by
the company or advertiser providing that notice in writing is
received by the other not less than 28 days before the schedule
broadcast date. For cancellation notification to the company less
than 28 days before broadcast, the company reserves the right to
payment of a cancellation fee, being the following percentage of the
rate changed to the advertiser; 7. MATERIAL AND PROPERTY LIABILITY While every care will be taken in respect of recordings, scripts or other material, the company cannot accept liability for the loss, damage or delay in delivery thereof, whether in the studio or in transit and whether or not such recordings, script or other material are supplied by the company. 8. ACCOUNTS (a) Subject to condition 9 all booking must be paid for at the rate in force at the date of broadcast. (b) New accounts shall be paid not later than 4 clear working days before the scheduled broadcast date in default of such payment the company shall be entitled not to broadcast the advertisement. (c) Credit is granted at the discretion of the company and only following the receipt of satisfactory credit account application. (d) Accounts of advertisers granted credit by the company shall be paid not less than 14 days following the invoice date. (e) The existence of a query of any individual item in any account shall not affect the due date of payment of the balance of the account. (f) The advertiser agrees to pay the company in respect of any amount not paid by the due date the sum of £25 as an administration charge and interest on the amount outstanding at the rate of 4% above National Westminster bank base rate, or, if a court judgment, the higher applicable rate, from the payment due date until the actual date of payment. 9. CHANGE OF RATES AND CONDITIONS (a) The company reserve the right to change the advertisement rates, times segments, classification and any of these conditions by not less than 28 days notice and, in the event of such a change, the rates payable and the conditions applicable shall be those in force at the time of the broadcast. The advertiser concerned shall (by serving written notice on the company within 24 days after receiving notice of such changes) be entitled to cancel any order for advertisement to which the change would otherwise apply. Failing which the advertiser shall be deemed to have agreed with the change. (b) The company may from time to time make special charges and / or conditions for certain types of advertisements or for bookings at certain specific period.
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