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Celador Radio Advertising Terms and Conditions

GENERAL TERMS & CONDITIONS

Celador Radio Broadcast Limited and Subsidiaries

May 2018

1. Definitions

The expression “The Company” shall hereinafter mean Celador Radio Broadcast Limited, (Company number 05176795 of Roman Landing, Kingsway, Southampton SO14 1BD) and its subsidiaries and shall include the successors in title and assigns of that company;

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 titles and assigns;

The expression the “Agreement” means this agreement between the Company and Advertiser and comprises of the below Terms and Conditions and the Authority to Broadcast;

The expression “Advertisement Copy” shall mean any advertising material intended for broadcast by the company;

The expression “Advertising Agency” means the party identified as such in the ATB, or otherwise the agency booking a campaign on behalf of its Advertiser client.

The term “ATB/Authority to Broadcast” relates to the signed agreement from the Advertiser agreeing to the commercial terms and delivery schedule.

The expression “Ofcom” shall mean the Office of Communications, regulators of UK radio.

The expression “Radio Centre” shall mean the Commercial Radio Industries Organisation

The expression “Working Day” shall mean any day of the week from Monday to Friday inclusive except Bank or public holidays

The expression “Data Privacy Laws” means applicable laws relating to the processing of Personal Data including the Data Protection Act 1998 (DPA), Privacy and Electronic Communications Regulations 2003 (PECR) and the European General Data Protection Regulation 2018 (GDPR)

The expression “Data Controller” means the person, corporate body, unincorporated association, partnership or other body which alone or jointly with others determines the purposes and means of the processing of Personal Data;

The Expression “Data Processor” means the person, corporate body, unincorporated association, partnership or other body which processes Personal Data on behalf of the Data Controller;

The Expression “Personal Data” means any information relating to an identified or identifiable natural person, including a name, identification number, location data or online identifier;

The Expression “Data Loss Event” means any event that results or may result, in unauthorised access to Personal Data held by the Company hereunder, and/or actual or potential loss and/or destruction of Personal Data in breach of Clause 15, including any Personal Data Breach.

 

2. Advertising Agencies and Commission

2.1 An Advertiser who is an advertising agency shall be deemed to contract as principle 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 an order and the approval or amendment of advertising copy.

2.2 Agency commission is payable to all advertising agencies recognised by the Radio Centre 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 Clause 3.

2.3 No agency commission payable by the Company to such an Advertiser shall be paid or allowed to be shared with any client of the Advertiser or any representative or employee of any client or any advertising agency not recognised under Clause 2.2 (or in the case of an overseas agency not recognised by the appropriate media organisation in its own country).

3. Acceptance of Term & Conditions

3.1 The Advertiser agrees that they will pay the fee as agreed within the ATB and within the terms set out in Clause 8, and The Company will provide the campaign on the terms of this Agreement. By signing the ATB, the Advertiser is to be bound by the Agreement. The booking and broadcast of all campaigns is subject to (ï) our approval and (ii) availability.

3.2 No terms and conditions other than those set herein or any variation thereof under Clause 10 shall be binding upon the Company or the Advertiser unless received in writing signed by or on behalf of both the Company and the Advertiser.

3.3 After this a re-licence fee will be applicable. Commercials are licenced for a period of 12 months from the first date of broadcast after which a re-licence fee will be applicable.

3.4 Our licence fee will also be applicable should the commercial be broadcast on other radio stations.

4. Acceptance of advertisements

4.1 All advertisements will be broadcast subject only to approval of them by the Company and to their compliance with the Broadcasting Act of 1990 and Communications Act of 2003, Ofcom code of Advertising Standards and Practice and the Company’s technical requirements and submission procedures.

4.2 Advertisement 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. If the Advertisers 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.

4.3 The form in which the advertisement copy must be submitted, the procedure for the approval and/or rejection thereof, surcharges for the late acceptance, changes or alternative copy use and similar matters 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.

4.4 The Company at any time may without incurring any liability whatsoever to the Advertiser

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 advertisement

Decline to broadcast any advertisements without giving any reason for so declining. The Advertiser shall not be liable to pay for any such advertisements

Restrict any repeat broadcast of the same advertisements

Subject to the provisions of Clause 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

5.1 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:

Not broadcast during the arranged period, or

Not broadcast at all, or

Broadcast so that a material part thereof is omitted, or

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, 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. In respect of non-broadcast or for any expense or damages whatsoever incurred as a result thereof, the Company shall make no charge to the Advertiser for such advertisement, but for costs the Company has incurred in respect of any facilities arranged or provided.

5.2 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 here in 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 time of such determination.

5.3 All advertisements are licensed for broadcast across the Celador Radio Limited transmission area of a period of 12 months from the date of first transmission.

6. Cancellation

6.1 Subject to the provision of Clause 10, any booking may be cancelled by either side provided that notice in writing is received by the Company or the Advertiser. The final scheduled broadcast date will be no less than 28 days from receipt of the written notice. 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. Materials & Property Liability

7.1 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 materials are supplied by the Company.

8. Accounts

8.1 Accounts payable by an approved credit customer of the Company or any advertising agency recognised by the Company, shall be paid no later than the end of the month following the month of broadcast. Other accounts shall not be paid no 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.

8.2 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.

8.3 Accounts not paid to the terms detailed on 8.1 above will have future orders cancelled, including any currently being transmitted.

8.4 Any account not paid by the due date for payment shall be subject to a surcharge equivalent to 4% per annum above the bank base rate for each month overdue.

9. Warranties & Indemnities

9.1 The Advertiser warrants and undertakes that:

The Advertiser acting or anyone acting on its behalf:

  • Will be responsible for obtaining and paying for all necessary licences of the broadcast and for any advertising copyright material contained in, or the inclusion of any person in the advertisements.
  • Will ensure no Advertisement Copy will breach the copyright or other rights of or be defamatory of any third party.
  • 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 Text/Copy or matter supplied by or broadcast for the Advertiser.

10. Change of Rates & Conditions

  • 10.1 The Company reserves the right to change the advertisement rates, time segments, classifications and any of these terms and conditions by no less than 28 clear days of 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 of receiving notice of such change), be entitled to cancel any order for an advertisement to which the changed rates of terms and conditions would otherwise be applicable.
  • 10.2 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.

11. Value Added Tax

11.1 All rates exclude VAT which will be charged at the rate prevailing at the tax point.

12. Right to transfer the contract

12.1 The Company may transfer its rights or obligations under the Contract to any company, firm or person. The Company may only do this if it does not affect the Advertisers rights under the Contract. The Advertiser may not transfer its rights or obligations under the Contract to any other company, firm or individual without the express written consent of the Company.

13. Law

13.1 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English and Welsh law and the parties submit themselves to the exclusive jurisdiction of the Courts in England and Wales.

14. Force Majeure

14.1 We shall have no liability to you if we are prevented, hindered or delayed in carrying out any of our obligations under this Agreement by any act or thing beyond our control or any other act or event that affects or may affect our programming or campaigns (including any law or regulatory order, power failure, breakdown or failure of software or machinery, interruption of broadcast, unforeseen technical failure, accident, act of God, storm, fire or flood, death of royalty or other public figure, terrorist action or war, failure of sub-contractors, suppliers or labour dispute) (a “Force Majeure Event”).

14.2 If the Force Majeure Event continues for more than one month, either party may terminate the Agreement with immediate effect by written notice. Any such termination shall be without prejudice to our right to be paid the Fee up to the date of termination.

15. Data Protection

15.1 Each Data Controller and or Data Processor shall comply with Data Privacy Laws when processing Personal Data in in the performance of its obligations under this Agreement.

15.2 When processing Personal Data, each Data Controller or Data Processor shall put in place appropriate technical, physical and organisational measures against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, unauthorised disclosure of or access to Personal Data;

15.3 When processing Personal Data, a Data Processor shall:

  • ensure that it does not disclose any Personal Data to any third party without the prior written consent of the Data Controller; and
  • not cause or permit any Personal Data to be transferred outside the European Economic Area without the prior written consent of the Data Controller.

15.4 At the written direction of the Advertiser at the end of the campaign, in line with the Data Privacy Laws, the Company will delete, or return Personal Data to the Advertiser unless the Company is required by other applicable laws to retain the Personal Data.

15.5 In accordance to Data Privacy Laws, the Company shall notify the Advertiser if it:

  • receives a Data Subject Access Request relevant to the customer;
  • receives a request to rectify, block or erase any Personal Data relevant to the Company;
  • receives any communication from the Information Commissioner or any other regulatory authority in connection with Personal Data
  • becomes aware of a Data Loss Event relevant to the Advertiser.

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