For advertising and sponsorship booked through Airplay Advertising with ReformRadio.uk.
1 Who we are and our role
1.1 These terms (the "Terms") apply to every advertising campaign booked through Airplay Advertising [insert full legal name, company number and registered office] ("Airplay") for the client named in the Booking Form (the "Client").
1.2 Airplay is the exclusive advertising agency for ReformRadio.uk (the "Station"). Airplay is not an independent media adviser, may receive a discount or remuneration from the Station, and will not be required to disclose its amount.
1.3 Airplay places the Client's campaign with the Station on the Client's behalf. The Client contracts with Airplay for payment (clause 4) and agrees to be bound, as "Advertiser", by the Station's Advertising Agreement and Standard Conditions (the "Station Terms"), a copy of which Airplay has supplied. If these Terms and the Station Terms conflict, the stricter obligation on the Client applies.
2 Booking and services
2.1 A booking is made when the Client signs the Booking Form and Airplay confirms it in writing. Quotes and availability are not binding until then, and are valid for [14] days.
2.2 Airplay will use reasonable care and skill to place the campaign with the Station in line with the Booking Form and to pass on the Client's material, approvals and instructions.
2.3 Transmission times are estimates unless the Booking Form states that a placement is fixed. Airplay and the Station may move an advertisement within an equivalent daypart or programme.
2.4 No audience, response, sales or other result is promised. Audience figures are estimates and are not warranties.
3 Material, production and approval
3.1 The Client must supply script, audio and other material by the deadlines in the Booking Form, in the technical format the Station specifies. Late or defective material may cause missed transmissions, and the related charges remain payable.
3.2 Production and jingles are arranged and charged by the Station, not Airplay. The Client will pay the Station's production fee directly to the Station under the Station Terms, and Airplay is not liable for that fee or for the quality, timing or content of the Station's production work. The fee covers one script and [two] rounds of revisions. Extra work, rush work and changes after approval are charged separately by the Station.
3.3 No advertisement will be transmitted until the Client has approved the final script or audio in writing. Approval confirms the Client has checked names, numbers, prices, URLs, dates, claims and legal qualifications.
3.4 Unless a buyout is agreed in writing, the Station owns the copyright in the final production. The Client may use it only on the Station's services during the campaign, and any other use needs prior written permission and may cost extra.
4 Fees and payment
4.1 The Client will pay Airplay the airtime or sponsorship fee and any other charges shown in the Booking Form as payable to Airplay. Prices exclude VAT, which the Client will pay at the applicable rate. Production fees are paid directly to the Station and are not included (see clause 3.2).
4.2 Unless credit terms are approved in the Booking Form, the Client will pay in cleared funds before production or transmission starts. Approved credit terms are payment within [14] days of invoice, without deduction or set-off.
4.3 Airplay may suspend production or transmission while any sum is overdue. Overdue sums carry statutory interest, compensation and recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998.
4.4 The Client's obligation to pay Airplay does not depend on the results of the campaign, or on any dispute between the Client and the Station.
5 Cancellation and rescheduling
5.1 Cancellation must be in writing. The following percentages of the airtime or sponsorship fee are payable: more than 30 days before the campaign starts, 25%; 15 to 30 days before, 50%; fewer than 15 days before or after it starts, 100%. Production fees, completed work and committed third-party costs are also payable, in the case of production, by the Client directly to the Station.
5.2 Rescheduling is at the Station's discretion, subject to availability, revised rates and a reasonable administration charge. A rescheduled campaign must normally start within 90 days of the original start date.
6 Client responsibilities and warranties
6.1 The Client warrants on a continuing basis that every advertisement, claim and instruction is accurate, honest, lawful, not misleading, not defamatory and not unlawfully offensive or discriminatory.
6.2 The Client warrants that it holds all licences, consents and rights needed for the intended use, including rights in trade marks, music, recordings, testimonials, personal data and third-party material.
6.3 The Client must hold documentary evidence for every objective claim before submitting it, and provide that evidence on request. It must tell Airplay immediately if any claim, price, offer, approval or legal position changes during the campaign.
6.4 The Client must disclose any synthetic or AI-generated voice, image or other material, and must not imitate or imply the endorsement of a real person without that person's informed written consent.
6.5 The Client will comply with all applicable law and codes, including the BCAP Code, the CAP Code, the Ofcom Broadcasting Code and consumer protection law. Financial, gambling, alcohol, food, health, medicine and competition advertising is accepted only with satisfactory evidence and any required restrictions.
6.6 Paid political advertising cannot be broadcast where prohibited by section 321 of the Communications Act 2003. Cause, issue or advocacy material must be disclosed in advance and may be refused.
7 Rejection, withdrawal and delivery
7.1 The Station may require changes, refuse, suspend, edit or withdraw an advertisement where it reasonably believes transmission may be unlawful, misleading, harmful, offensive, technically unsuitable or damaging to the Station. Airplay is not liable for any such decision. Fees remain payable where the issue arises from the advertisement or the Client, and reasonable compliance and replacement costs may be charged.
7.2 The Station's transmission log is prima facie evidence of delivery. If the Station under-delivers for reasons within its control, the Client's sole remedy is the make-good, credit or refund the Station provides, which Airplay will pass on. Airplay is not liable for the Station's failure to deliver.
7.3 Minor timing changes, emergency programming, breaking news and technical maintenance are not a breach if the overall contracted value is reasonably preserved.
8 Indemnity
8.1 The Client will indemnify Airplay and the Station, and their officers, employees and contractors, against reasonable losses, penalties, costs and legal fees arising from a third-party claim or regulatory action caused by the Client's material, claims or instructions, its breach of clauses 6, 9 or 10, or its products or services.
8.2 The indemnity does not apply to the extent a loss is caused by material inserted solely by the Station without the Client's approval, or by Airplay' or the Station's negligence or wilful misconduct.
9 Competitions, promotions and offers
9.1 Any competition, prize draw, discount or listener promotion needs prior written approval and clear terms. The Client is responsible for funding, prizes, fulfilment, taxes, customer service and mandatory disclosures.
10 Data protection and confidentiality
10.1 Each party will comply with the UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations 2003. Listener or customer data may not be used for unrelated marketing without a lawful basis. If one party will process personal data for another, written data-processing terms must be agreed first.
10.2 Each party will keep the other's non-public commercial and financial information confidential, except where disclosure is required by law or a regulator, or to the Station for the purposes of the campaign. Airplay may name the Client as a client and use approved advertisements in private sales presentations unless the Booking Form says otherwise.
11 Liability
11.1 Nothing limits liability for death or personal injury caused by negligence, for fraud, or for anything that cannot lawfully be limited.
11.2 Subject to clause 11.1, Airplay is not liable for indirect or consequential loss, or for loss of profit, revenue, business, opportunity or goodwill.
11.3 Subject to clause 11.1, Airplay' total liability under a booking is limited to the fees the Client has paid to Airplay for that booking.
12 Termination and force majeure
12.1 Either party may terminate a booking by written notice if the other commits a material breach and, where it can be remedied, fails to do so within seven days of notice.
12.2 Airplay may suspend or terminate immediately if payment is overdue, the Client becomes insolvent, an advertisement creates legal or regulatory risk, or a required licence is lost.
12.3 Neither party is liable for delay or failure caused by events beyond its reasonable control, including transmission or hosting failure, cyberattack, industrial action, fire, flood, epidemic, war or government action. If such an event continues for more than 60 days, either party may terminate the affected booking, with a refund of prepaid fees for undelivered services less non-recoverable costs.
13 General
13.1 These Terms, the Booking Form and the Station Terms are the entire agreement for the campaign. Any variation must be in writing and agreed by both parties.
13.2 The Client may not assign a booking without Airplay' written consent. Airplay may use contractors and may assign to an associated business.
13.3 Notices must be in writing and sent by hand, first-class post or email to the addresses in the Booking Form. No one other than the parties has rights under the Contracts (Rights of Third Parties) Act 1999.
13.4 These Terms are governed by the law of England and Wales, and its courts have exclusive jurisdiction. They may be signed electronically and in counterparts.
