Advertising Terms and Conditions

Total Sense Media Advertising  Terms and Conditions 

 

1) DEFINITIONS

a) The expression The Company shall hereinafter mean Total Sense Media

or any of its subsidiary companies 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 organisation or company by whom an order for

an advertisement booking is placed and shall 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 Ofcom shall mean the Office of Communications regulators

of UK radio.

e) The expression the RadioCentre shall mean the Commercial Radio

Industries Organisation.

f) The expression working day shall mean any day of the week from Monday to

Friday inclusive, except Bank or Public holidays.

 

2) ADVERTISING AGENCIES & COMMISSION

 

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 is payable to all advertising agencies recognised by the

RadioCentre or the Company and will be calculated on the basis of the rates

applicable less discounts allowed, and less any surcharge payable under the

provision of Condition 8.

c )No agency commission payable by the Company to such an Advertiser

shall be paid or allowed to or shared with any client of the Advertiser or

any representative or employee of any client or any advertising agency not

recogni9sed under Condition 2(b) (or in case of an overseas agency no

recognised by the appropriate media organisation in its own country).

 

3)ACCEPTANCE OF TERMS & 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 10 shall be binding upon the company or the

Advertiser unless received in 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 their compliance with the Broadcasting Act of 1990, the Ofcom

code of Advertising Standards and Practice and the Company’s technical

requirements and submission procedures.

b) Advertisements copy must be delivered 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 of delivery of advertisement

copy which 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, they 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

the approval and/or rejection thereof, surcharges for late acceptance, change

or alternative copy use and like matter shall be dealt with in accordance with

the submission procedure (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. The Advertiser shall remain liable to pay for any

such advertisements.

 ii decline to broadcast any advertisements without giving any reason.

 iii for so declining. The Advertiser shall not be liable to pay for any such

advertisements.

 iv restrict any repeat broadcast of the same advertisements.

e) 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 date of

Broadcast.

 

5) 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 arranged period or

 ii not broadcast at all or

 iii broadcast so that a material part thereof is omitted

 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 is not accepted (or is not made) the Advertiser

shall have no claim against the Company and/or Ofcom.

b) In respect of non-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 o provided.

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

contract the Company may at any time not withstanding 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 b

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

either side provided that notice in writing is received by the Company or

the Advertiser as the case be not less than 28 days before the scheduled

broadcast date. If the cancellation is made by the Advertiser, the company

reserves the right to re-charge the campaign at the appropriate rate relating

to the period of time they were actually advertising, rather than the period and

rate to which they originally committed.

 

7) MATERIALS & 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 studios or in transit and whether or not such recordings,

script or other material are supplied by the Company.

 

8) ACCOUNTS

 

a) Accounts payable an approved credit customer of the Company or any

advertising agency recognised by the Company shall be paid not later

than the 15th day of the Month following the month of broadcast.

b) Other accounts shall be paid not later than seven clear days before the

scheduled first broadcast date in default of such payment the Company

shall be entitled to refuse broadcast the advertisement.

c) The existence of a query on an individual item in an account shall not affect

the due payment of the balance of the account.

d) Accounts not paid to the terms detailed in 8 (a) above will have future orders

cancelled, including any currently being transmitted.

e) Any account not paid by the date for payment shall be subject to an

immediate surcharge of 10% and a further surcharge of 4% above the

bank rate of inflation for each month overdue.

 

9) WARANTIES & INDEMNITIES:

 

Total Sense Media warrants and undertakes that; The production house

acting on it’s behalf;

 a) Will be responsible 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.

 b) Will ensure no advertisement copy will breach the copyright or other rights

of or be defamatory of any third party.

The Advertiser

a) Will identify and keep the Company indemnified against all actions,

proceedings, costs, damaged, expenses, penalties, clams, 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 text/copy or matter supplied by or broadcast for the Advertiser.

 

10) CHANGE OF RATES & 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 & 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 or Terms and Conditions would otherwise be applicable.

b) The Company may from time to time make special charges and/conditions

for certain types of advertisements or for bookings at certain periods

 

11) VALUE ADDED TAX

 

All rates exclude V.A.T. which will be charged at the rates prevailing at the

tax point.

 

12) DATA PROTECTION

 

a) The company commits to keeping your data secure and will not share it with

a third party without your prior permission. However, by accepting these

terms you are agreeing that we may pass your details onto a third-party

debt collection company or our legal representatives should you fail to pay

invoices in line with our terms and conditions