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Terms and Conditions

General terms and conditions of contract.

1.   Definitions

(a)  The expression ‘the Company’ shall hereinafter mean Sabras Sound Ltd and shall include the successors in title and assigns of that Company.

(b)  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 should also mean and include the Advertiser’s successors in title and assigns

(c)  The expression ‘advertisement copy’ shall mean any advertising material intended for broadcast by the Company

(d)   The expression ‘the RA’ shall mean the Radio Authority

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 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.

(b)  Agency commission of 15% is payable to all advertising agencies recognised by the company 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 Advertiser shall be paid or allowed to or shared with any client or any advertising agency not recognised under Condition 2 (b) (or in the case of an overseas agency, nor 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 an Advertiser will be deemed as an acceptance of these Terms and conditions by the Advertiser.

(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 Advertiser unless reduced to writing and signed by or on behalf of both the Company and the Advertiser.

4.   Acceptance of Advertisements

(a) All advertisements will be broadcast subject only to approval of them by the Company and to their compliance with the Broadcasting Act 1990 and the Broadcasting Act 1996.  ‘The RA Code of Advertising Standards and Practice’ and technical requirements issued by the RA and the Company’s technical requirements and submission procedures

(b)  Advertisement copy must be delivered not less than three 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 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 provision of this paragraph he shall be subject to a surcharge of £20 and 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 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 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 the RA or if in the opinion of the Company the advertisement contains unsuitable copy but the advertiser shall remain liable to pay for such advertisement.

(ii) decline to broadcast any advertisements without giving any reason for so declining but the Advertiser shall not be liable to pay for such advertisements.

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

5. Dates/Times of Broadcasts

(a)  The company does not guarantee that the scheduled terms 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 is omitted

or

(iv) broadcast containing 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 is not accepted (or is not made) the Advertiser shall have no claim against the Company and or the RA in respect of non-broadcast or 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) If, as a result of a transmission failure, an advertisement is not broadcast, the Company shall compensate the Advertiser in such manner as the company shall deem reasonable.

(c) In 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, 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 simt of such determination.

6. Cancellations

Subject of the provision of condition 11, any booking may be cancelled by either side, 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 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

While every care will be taken in respect of recordings, scripts or other material, the Company cannot 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

(a) Accounts payable by an advertising agency recognised by the Company or any other approved credit customer of the company shall be paid not later than the 30^th day of the month following the month of broadcast.  Other accounts shall be paid not 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 effect the due date of payment of the balance of the account.

(c) VAT invoices will be issued as and when the advertising Company ceases or at the end of the month.

9. Warranties and Indemnities

The Advertiser warrants and undertakes that

(a) he will be responsible for obtaining and paying for all necessary licenses and consents for the broadcast of any advertising copyright material contained, or the inclusion of any person in his advertisement.

(b) no advertisement copy will breach the copyright or other rights of or be defamatory of any third party.

(c) 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.  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 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 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 or receiving notice of such change) be entitled to cancel any order for an  advertisement to which the changed rates or terms and conditions would otherwise be applicable.

(b) The Company may from time to time make special changes and or conditions for certain types of advertisement or for bookings at certain specified periods.