THE FOLLOWING ARE THE STANDARD ADVERTISING TERMS AND CONDITIONS OF JOURADIO
Updated 22 November 2018
ACCEPTANCE OF TERMS AND CONDITIONS
By signing an Airtime Offer agreement with JouRadio by the Advertising Agency or the Advertiser shall be deemed as acceptance by the Advertising Agency or the Advertiser of these terms and conditions as stated on our official website.
No terms or conditions other than those set forth in the signed Airtime Offer and below herein shall be binding on JouRadio or the Advertising Agency or the Advertiser, save for any variations made by JouRadio.
ACCEPTANCE OF ADVERTISEMENTS
JouRadio , reserves the right to refuse to broadcast any advertisement, or portion thereof, that does not comply with the law of the country including the Advertising Standards Authority of South Africa’s codes and directives. In the event that JouRadio exercises its right not to broadcast an advertisement that does not comply with our broadcast standard or the law, then JouRadio shall not be held liable for any costs and/or damages whatsoever incurred and/or suffered by the Advertising Agency or the Advertiser.
All advertising must be of good acceptable broadcast quality and approved in advance by JouRadio and produced in Afrikaans or English.
Any and all complaints by the Advertising Agency or the Advertiser as regards any aspects of advertisements broadcast on JouRadio must be lodged in writing to JouRadio within two days of broadcast and, failing such written complaint within such period, the Advertising Agency or the Advertiser shall be deemed to be satisfied with the broadcast of such advertisement in every respect.
JouRadio will provide each client upon their request with a booking report schedule. JouRadio shall accept booking report schedule as correct unless written advice contrary to such is received in writing within 2 business days.
JouRadio can provide an airplay reconciliation report at R175 per month or part thereof.
DATES/TIMES OF BROADCAST
In the event that JouRadio as a result of a force majeure fails to air an advertisement on the agreed date and at the agreed time, JouRadio shall use its best endeavours to compensate the Advertiser or the Advertising Agency. Such compensation shall be given airtime and no credits will be passed.
Should JouRadio fail to air advertisement for reasons within its control then JouRadio shall compensate the Advertising Agency or the Advertiser accordingly and shall inform the Advertising Agency or the Advertiser on how the compensation will be effected. Such compensation shall be given airtime and no credits will be passed.
JouRadio shall offer to broadcast the compensated airtime at a similar day-part or value, provided that if any offer of such re-broadcast is not accepted by the Advertising Agency/the Advertiser, the Advertising Agency/the Advertiser shall have no further claims against JouRadio for any expenses and/or damages the Advertising Agency or the Advertiser incurred as a result thereof.
Should a client provide the advertising material in for of a script or live read the recorded advertisement material and/or all copies of “live read” advertisements and all necessary clearances must be delivered to JouRadio no less than seven working days before date of going on air.
JouRadio shall not be liable for not airing of advertisements where the Advertising Agency or the Advertiser has failed to deliver their recorded material and/or all copies for “live read” advertisements within the stipulated time namely not less than seven days before the date of airing.
While all efforts will be made to accommodate bookings, please take note that JouRadio scheduling close at 11am each day for the following day’s broadcast. Note that on a Friday logs close at 11am for the week-end and the following Monday.
All late bookings cary a 35% total booking value surcharge.
JouRadio special advertisement monthly packages requires a full 4 month cancellation payment.
Any other booking of general rates may be cancelled by either side, provided that notice in writing is received by JouRadio or the Advertising Agency or the Advertiser as the case may be, not less than twenty-eight (28) days before the scheduled broadcast date.
If the cancellation is made by the Advertising Agency / the Advertiser less than twenty-eight (28) days before the scheduled broadcast date then the Advertising Agency/the Advertiser shall be liable for the cost of the full booking.
In instances where the Advertising Agency or the Advertiser commissions JouRadio to produce the advertisement, then the Advertising Agency or the Advertiser shall be responsible for all production costs incurred by JouRadio from the time of commissioning up to the time of cancellation.
MATERIAL AND PROPERTY LIABILITY
JouRadio shall not be liable for any loss, damage or delay in delivery of recordings, scripts or other material that is supplied by either the Advertising Agency or the Advertiser except those instances where JouRadio has received and signed for receipt of the Advertising Agency or the Advertiser’s material.
The first payment special advertisement offers is due by EFT, after signing the agreement in order to start production and advertisement schedule, thereafter all monthly payments are to be paid in advance strictly by debit order on the 1st of every month. Any additional productions or recording amendments will be quoted for separately.
Payment of other cash accounts is due without deduction 48hours prior to the broadcasting of the advertisement, unless the Advertising Agency or the Advertiser has been granted credit facilities with JouRadio in which case: –
Late payment admin fee of R275 per transaction and interest shall accrue at the rate of 2% per month on all overdue amounts or late payments
In the event of JouRadio having to instruct its attorneys to enforce any of the provisions contained herein, the Advertising Agency/’the Advertiser shall be responsible for
costs incurred on the attorney and client scale and shall further be responsible for collection commission on payments to be recovered.
JouRadio shall be entitled to appoint a 3rd party to conduct credit checks
On the Advertising Agency or the Advertiser with one or more of the registered Credit Bureaus when assessing the Advertising Agency or the Advertiser’s application for credit. Use new information and data obtained from Credit Bureau in respect of the applicant’s future credit applications. Record the existence of the applicant’s account with any Credit Bureau.
Record and transmit details of how the applicant has performed, and how the account is conducted by the applicant Advertising Agency or Advertiser in meeting its payments.
WARRANTIES AND INDEMNITIES
The Advertiser / the Advertising Agency on behalf of the Advertiser (its principal) and on its own behalf warrants that:
It is responsible for obtaining and paying for all necessary licenses and consents for the broadcast of any advertising copyright material contained, or the inclusion of
reference to any person in the advertisement.
No advertisement copy will breach the copyright or other rights of or be defamatory of any third party.
The Advertising Agency / the Advertiser indemnifies JouRadio and hold harmless against all claims of whatever nature arising from any breach of the above warrantees in consequence of the use, recording or broadcasting of any advertisement copy or matter supplied by and broadcast for the Advertiser or the Advertising Agency.
CHANGES OF RATES AND CONDITIONS
JouRadio reserves the right to change the advertisement rates, time segments and any of these terms and conditions by no less than thirty (30) days-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.
JouRadio chooses as its chosen domicillium citandi et executandi for all purposes of this document the following address:
Unit 3 (Above 7 eleven)
149 Marshall Street