Lakes TV Ltd. Sales Terms and Conditions
1. Definitions
a) any reference to a "party" or parties" shall unless otherwise stated mean a party or the parties to this Booking Agreement
a) These Terms and Conditions are legally binding and together with the Booking Form constitute the agreement between the parties relating to the Booking accepted by The Video Guide Company Ltd including trade/brand name Cumbria TV.
a) A Booking (advertising, sponsorship, banner ad) is subject to the acceptance by The Video Guide Company Ltd including trade/brand name Cumbria TV. and may be accepted either in writing (including electronic methods).
a) Advertisement Copy will only be transmitted by The Video Guide Company Ltd including trade/brand name Cumbria TV. if it satisfies technical requirements in accordance with current industry standards, complies with the Act, the Code of Advertising Standards and Practice issued by the ITC, Ofcom or any successor body, the BACC Notes of Guidance and BACC Copy Clearance Bulletins and any replacement or amendment of the same in force at the time of transmission.
a) The Broadcaster will use reasonable endeavours to ensure that the final date and time of a Spot agreed with the Buyer before transmission will be met. If a Spot is not transmitted on such date and at such time for whatever reason the Broadcaster will provide to the Buyer a transmission date and time of an equivalent value in consultation with the Buyer.
a) The Buyer warrants and undertakes to the Broadcaster that it will procure that:
a) A Buyer shall pay The Video Guide Company Ltd including trade/brand name Cumbria TV the amount invoiced by the due date on the invoice. In default of such payment The Video Guide Company Ltd including trade/brand name Cumbria TV shall without prejudice to its other rights, under this Booking Agreement be entitled to refuse to transmit the Advertisement Copy without incurring any liability to the Buyer.
a) The Video Guide Company Ltd including trade/brand name Cumbria TV in its absolute discretion may consider requests in writing from a Buyer to cancel or amend Campaigns subject to the following terms:
Neither party shall, either during or after the expiry of the Booking Agreement duplicate or disclose any Confidential Information unless specifically authorised by the other party or it is requested by law.
This Booking Agreement comprises the entire agreement between the parties in respect of the accepted Booking of Airtime and supersedes all (whether oral or written) previous statements made by either party and all previous agreements, understandings and arrangements in respect thereof.
a) any reference to a "party" or parties" shall unless otherwise stated mean a party or the parties to this Booking Agreement
2. Agreement and Commission
a) These Terms and Conditions are legally binding and together with the Booking Form constitute the agreement between the parties relating to the Booking accepted by The Video Guide Company Ltd including trade/brand name Cumbria TV.
b) The Buyer hereby enters a contract with The Video Guide Company Ltd including trade/brand name Cumbria TV. And is liable for the payment of all sums due and owing, in accordance with the Booking Agreement.
3. Booking
a) A Booking (advertising, sponsorship, banner ad) is subject to the acceptance by The Video Guide Company Ltd including trade/brand name Cumbria TV. and may be accepted either in writing (including electronic methods).
4. Acceptance of Advertisement Copy
a) Advertisement Copy will only be transmitted by The Video Guide Company Ltd including trade/brand name Cumbria TV. if it satisfies technical requirements in accordance with current industry standards, complies with the Act, the Code of Advertising Standards and Practice issued by the ITC, Ofcom or any successor body, the BACC Notes of Guidance and BACC Copy Clearance Bulletins and any replacement or amendment of the same in force at the time of transmission.
b) Approval by the BACC of Advertisement Copy shall not in any way prejudice The Video Guide Company Ltd including trade/brand name Cumbria TV’s right to reject Advertisement Copy in accordance with the provisions set out below.
c) Advertisement Copy must be delivered to the Broadcaster not less than five clear Working Days prior to the date of intended transmission, unless otherwise agreed.
d) The Video Guide Company Ltd (including trade/brand name Cumbria TV) reserves the right, in its absolute discretion, to do any act in respect of the transmission (including the fading, editing or cutting thereof) which in its opinion, contains any unsuitable material for broadcast. The Broadcaster shall not incur any liability whatsoever to the Buyer or any Advertiser in respect thereof.
e) The Video Guide Company Ltd including trade/brand name Cumbria TV acting reasonably shall be entitled to restrict or prevent any repeat transmission of any Advertisement Copy.
f) The Video Guide Company Ltd including trade/brand name Cumbria TV shall not be liable for the delay in delivery or loss or damage in transit of any Advertisement Copy.
5. Dates and Times of Transmission
a) The Broadcaster will use reasonable endeavours to ensure that the final date and time of a Spot agreed with the Buyer before transmission will be met. If a Spot is not transmitted on such date and at such time for whatever reason the Broadcaster will provide to the Buyer a transmission date and time of an equivalent value in consultation with the Buyer.
6. Warranties
a) The Buyer warrants and undertakes to the Broadcaster that it will procure that:
b) all necessary licences and consents for the transmission of any performance or copyright material contained in any relevant Advertisement Copy will be obtained and paid for;
c) no Advertisement Copy will infringe the copyright or other intellectual property or other rights of or be defamatory of any third party or the Broadcaster; and
d) no Advertisement Copy will be in breach of or contrary to any common law, statute, regulation or code of practice, including in particular any Advertisement Copy which is defamatory, racist or sexist, threatening or menacing, or contain any obscene elements, or likely to cause distress to any person;
e) The Buyer will indemnify and keep indemnified The Video Guide Company Ltd including trade/brand name Cumbria TV against all actions, proceedings, costs, damages, expenses, penalties, claims, demands and liabilities suffered by either The Video Guide Company Ltd including trade/brand name Cumbria TV arising from any breach of the warranties set out above (whether foreseeable or unforeseeable) or in any manner whatsoever including as a result of or arising out of the use, recording or broadcasting of any Advertisement Copy or other material supplied by or transmitted on behalf of the Buyer.
f) The Video Guide Company Ltd including trade/brand name Cumbria TV holds the copyright to all of its’ productions and does not allow any film to be duplicated without permission.
7. Invoicing and Payment
a) A Buyer shall pay The Video Guide Company Ltd including trade/brand name Cumbria TV the amount invoiced by the due date on the invoice. In default of such payment The Video Guide Company Ltd including trade/brand name Cumbria TV shall without prejudice to its other rights, under this Booking Agreement be entitled to refuse to transmit the Advertisement Copy without incurring any liability to the Buyer.
b) Payments due to The Video Guide Company Ltd including trade/brand name Cumbria TV may be subject to VAT at the appropriate rate applicable at the date of transmission of the relevant Advertisement Copy if appropriate
8. Cancellation and Postponement
a) The Video Guide Company Ltd including trade/brand name Cumbria TV in its absolute discretion may consider requests in writing from a Buyer to cancel or amend Campaigns subject to the following terms:
30 days written notice is required to cancel or amend the Campaign.
b) The Video Guide Company Ltd including trade/brand name Cumbria TV cannot take responsibility for failure of broadcast of the Buyers Promotional Materials due to any circumstances beyond its control with regard to third party broadcast partners.
c) The Video Guide Company Ltd including trade/brand name Cumbria TV reserves the right to change broadcast partners or transmission delivery methods should the need arise without any notice to the buyer although will endeavour to give notice where possible.
9. Confidentiality
Neither party shall, either during or after the expiry of the Booking Agreement duplicate or disclose any Confidential Information unless specifically authorised by the other party or it is requested by law.
10. Entire Agreement
This Booking Agreement comprises the entire agreement between the parties in respect of the accepted Booking of Airtime and supersedes all (whether oral or written) previous statements made by either party and all previous agreements, understandings and arrangements in respect thereof.
