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TERMS & CONDITIONS
CONDITIONS OF CONTRACT OR AIR TIME
- For the purposes of this Agreement any measurement of time shall be calculated from the first air date as indicated on the Traffic Order.
- The Air-Time or any part thereof sold, pursuant to the provisions of this Contract to the Customer, is subject to pre-emption thereof by the Company at any time without notice in order to facilitate other programs deemed in the opinion of the Company, to be in the public interest. Where possible, such pre-empted Air-Time will be re-allocated to the Customer at a future mutually agreeable time. If the Parties hereto cannot agree upon such mutually agreeable time, then no charge shall be made to the Customer/Agency for such pre-empted Air-Time.
- All programs and announcements must conform to the requirements of the Company and the regulations of any regulatory body, association in which the Company is a member and any other regulation in force now or in the future as regards to advertising. Without limiting the generality of the foregoing, there shall be:
- No false or unwarranted claims for any products or service;
- No infringements of a third party's intellectual property rights, including Trade-mark, Trade-name and Copyright, through unauthorized use, plagiarism or unfair imitation of either program ideas or copy or any other unfair competition;
- No programs or announcements that are slanderous, obscene, profane, vulgar, repulsive or offensive, either in theme or in treatment;
- No testimonials which cannot be authenticated;
- No use of Air-Time except for advertising of goods or services and,
- No advertising matter, or announcements, or programs which may, in the opinion of the Company be injurious or prejudicial to the interest of the public.
- Customer agrees that the Company is not acting as agent for the Customer in producing content for the Air-Time. Customer agrees to approve all broadcast material and to assume full responsibility for its content.
- Sponsored programs are given preference over announcements and networks take priority over spots announcements and programs. The Company reserves the right to re-allocate special announcements and programs to next best time available.
- Agency commission of 15% on Company rates shall be paid to recognized advertising agencies with invoices delivered monthly.
- All accounts more than 30 days in arrears will bear interest at the rate 2% per month (24% per annum) from the date of billing.
- Any Air-Time allocated hereunder showing special discount or earned frequency discount is subject to rate charge back to Customer at the rate established by the Company Rate Card as the date of the contact, if this contract is cancelled by the Customer.
- Failure on the part of the Company in any instance to exercise any of its rights reserved to it under this Contract shall not be deemed a waiver by it of such rights.
- All obligations by the Company under the Contract are subject to the terms of licence granted to the Company and to all Dominion, Provincial and municipal laws or regulations now, or hereafter in force and to the regulations of all commissions or other governmental bodies or authorities presently or hereinafter to constituted in relation to Radio Broadcasting Stations.
CHARGES OR CANCELLATION
The obligations provided for the present contract are irrevocable and non assignable, and are fully binding on the parties within the context of the terms and conditions stated herein. The Company reserves for itself the right to cancel, at its discretion, all or any of the broadcasts and/or services envisaged in the present contract, or to change the date and/or the time of the said broadcasts, upon written notice to the Sponsor at least 24 hours before the start of the said broadcasts.
The Sponsor may cancel this Agreement on the following terms:
- Contracts under 13 weeks in duration may be cancelled at any time prior to the first air-date upon providing the Company with 48 hours notice of its intention to do so. Otherwise, these contracts are non-cancellable.
- Contracts between 13 and 26 weeks in duration may not be cancelled for 15 weeks and the Sponsor must provide the Company with two (2) weeks written notice of its intention to cancel the agreement.
- Contracts in excess of 26 weeks in duration are non-cancellable for 18 weeks and the Sponsor must provide the Company with two (2) weeks written notice of its intention to cancel the agreement.
- Any delay or interruption in broadcasting Air-Time or failure at any time to furnish Air-Time in whole or in part as herein set out, due to acts of God, strikes or threats thereof, or force majeure or due to other causes beyond the control of the Company shall not constitute a breach of the Contract and the Company will not be liable to the Customer except to the extent of allowing in each such case not arising through Customer's fault, a pro rata reduction in the charge for the Air-Time contracted for under this contract.
- The Customer covenants and agrees to hold harmless and indemnify the Company from any and all claims, damages, liabilities, costs and expenses including counsel fees arising from the broadcasting of the Air-Time, and the Company reserves the right to refuse to broadcast any and all programs containing matter which is or in the reasonable opinion of the Company may be, or which a third party claims to be a violation of any rights of others.
- The Company, at its option, may terminate this contract immediately without notice if the Customer has not used the Air-Time contracted for, or has failed to pay as aforesaid, or the Customer becomes insolvent, makes and assignment for the benefit of creditors, is adjudged a bankrupt or if a receiver of the property or business of the Customer is appointed, or an execution shall issue against the Customer or the Customer shall breach any of the other terms and conditions of this Contract.
- This contract Air-Time is personal to the Customer and may not be assigned, pledged, transferred by the Customer to any other person, successor or assignee of the Customer without the express prior written permission of the Company.