Total Sense Media Advertising Terms and Conditions
Total Sense Media Advertising Terms and Conditions
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
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
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
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
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
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
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.
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.
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.
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
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 cond