Radio Platform Terms & Conditions
Updated as of 1 June 2023
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DEFINITIONS AND INTERPRETATION
- In these Radio Terms and Conditions (these “Conditions”), the following words and terms shall have the following meanings unless the context otherwise requires:
“General Terms and Conditions” mean the Advertising Terms and Conditions.
“Talent Booking” means any reservation in an Advertising Contract of an SPH Radio deejay’s time for involvement in any Advertisement, or for involvement in any promotional activity, including but not limited to live broadcasts and guest appearances. - Unless otherwise defined in these Conditions, capitalised terms and expressions used in these Conditions shall have the same meaning as is given to those terms and expressions in the General Terms and Conditions.
- Unless the context otherwise requires or permits, references to a singular number or entity shall include references to the plural number or entity and vice versa; and words denoting any gender shall include all genders.
- The expression “person” means any individual, corporation, partnership, association, limited liability company, trust, governmental or quasi-governmental authority or body or other entity or organisation.
- The headings to these Conditions are to facilitate references and shall not affect or influence in any way the construction of any of these Conditions.
- These Conditions hereby incorporate by reference the terms of the Advertising Contract, the General Terms and Conditions and any other applicable Platform T&Cs. In the event of any inconsistency among the terms in the Advertising Contract, the General Terms and Conditions, these Conditions and any other applicable Platform T&Cs, then the terms in the Advertising Contract will prevail over the terms in all other such documents; and the terms in these Conditions will prevail over the terms in any other applicable Platform T&Cs and the General Terms and Conditions.
- In these Radio Terms and Conditions (these “Conditions”), the following words and terms shall have the following meanings unless the context otherwise requires:
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CANCELLATION
- The Advertiser shall give two (2) weeks’ written notice for any cancellation of the Advertising Contract.
- The Advertiser / Agency shall be liable to pay to SPH 20% of the value of the Advertising Contract in the event of cancellation of the Advertising Contract before the commencement of the relevant advertising campaign.
- The Advertiser / Agency shall be liable to pay to SPH 25% of the value of a Talent Booking in the event of cancellation of such Talent Booking within fourteen (14) days of the relevant scheduled appearance and/or involvement.
- Advertiser / Agency shall be liable to pay to SPH 50% of the value of a Talent Booking in the event of cancellation of such Talent Booking within seven (7) days of the relevant scheduled appearance and/or involvement.
- The Advertiser / Agency shall be liable to pay to SPH 75% of the value of the Talent Booking in the event of cancellation of such Talent Booking within three (3) days of the relevant scheduled appearance and/or involvement.
- The Advertiser / Agency shall be liable to pay to SPH 100% of the value of the Talent Booking in the event of cancellation of such Talent Booking within twenty-four (24) hours of the relevant scheduled appearance and/or involvement.
- In addition to any applicable fees set out in Clauses 2.2 to 2.6 above, the Advertiser / Agency shall be liable to pay to SPH:
- 10% of the value of the Advertising Contract in any event of cancellation.
- All expenses, action, claim, damages, charges, costs, fines and fees incurred by SPH in connection with the Advertising Contract and / or Talent Booking.
- All cancellation charges are payable immediately when SPH gives written notice of acceptance of the cancellation.
- The parties agree that all the aforementioned cancellation fees are a genuine pre-estimate of loss suffered by SPH as a result of any cancellation of the Advertising Contract and / or Talent Booking (as the case may be).
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RESCHEDULING
- SPH reserves the absolute right to reschedule any broadcast to be made under the Advertising Contract in the public or national interest.
- The Advertiser and/or Agency shall submit any request to reschedule an advertisement or broadcast in writing at least three (3) days’ prior to the original date scheduled for such advertisement or broadcast (as the case may be).
- A 50% levy will be applied on all broadcasts rescheduled with less than three (3) days notice.
- The parties agree that the aforementioned rescheduling fees are a genuine pre-estimate of loss suffered by SPH as a result of cancellation of the Advertising Contract.
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PRODUCTION/ PROGRAMME SUBMISSION
- The Advertiser and/or Agency (as the case may be) shall submit the completed production and/ or line scripts to SPH at least two (2) Business Days prior to the initial first broadcast.
- If the Advertiser and/or Agency fails to submit the aforementioned documents by the applicable deadline, then SPH shall have the right to charge Advertiser or the Agency (as the case may be) the rescheduling charges as specified in these Conditions.
- The Advertiser and/or Agency agrees to bear any applicable additional production charges in the event that the Advertiser and/or Agency makes any changes to approved scripts after production is completed by SPH.
- Production sessions are 1 hour long, any additional production time will be charged at $500+GST every subsequent hour and scheduled when available.
- Commercial production conducted by SPH is to be used on SPH radio stations only. Additional copyright fees shall be payable for usage of any such commercials on platforms other than SPH radio stations.
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RIGHT OF REJECTION
- SPH shall have the absolute right at any time to refuse to broadcast any material which, in its opinion, is objectionable, unsuitable, impracticable or likely to give offence, or for any other reason. In such an event, the Advertising Contract in whole or in part may be cancelled by SPH forthwith without any responsibility or liability on the part of SPH and to the extent not so cancelled the Advertising Contract shall continue in full force and effect.
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LISTENER PARTICIPATION
- SPH may provide the Advertiser with the approximate participation of previous campaigns similar to that of the Advertiser, but makes no warranties as to the actual amount of listener participation for the applicable campaign or the number of submissions of entries for competitions or events organised by the Advertiser.