| STANDARD TERMS AND CONDITIONS
- 1. DEFINITIONS
- 1.1. In these Terms and Conditions, unless the context otherwise indicates, the
following words shall bear the meaning assigned to them:
- 1.2. “IMC” means Independent Media Corporation (Pvt.) Limited (registration number:
K-08559 of 2001-2002 trading as IMC, a company with limited
liability duly registered and incorporated in terms of the Company
Laws of the Islamic Republic of Pakistan with its principal
place of business situated at Printing House I.I. Chundrigar
Road, Karachi, and with its registered address at Printing House
I.I. Chundrigar Road, Karachi.
- 1.3. “The Advertiser” means any person, including an association of persons,
a partnership, a firm, a company or a corporation or any other
legal entity, making a booking for advertising space or time
for the televised transmission of an advertisement other than
through or by means of an Advertising Agent or Agency and includes
its successors in titles and assigns.
- 1.4. “Advertising Agent” or “Agency” means any person, including an association
of persons, a partnership, a firm, a company or a corporation
or any other legal entity carrying on the business of making
a booking for the selection and purchase of advertising space
or time for the televised transmission of an advertisement on
behalf of persons or partnerships or firms or companies or corporations
intending to advertise.
- 1.5. “Advertisement Copy” means any advertising material intended for transmission
- 1.6. “Working Day” means Monday to Saturday inclusive in each week except Public
Holidays. “Business Hours” mean 1000 hours to 1800 hours on
Working Days. Standard Transmission Day mean from 0000 hours
to 2359 hours on any calendar day
- 1.7. In these Terms and Conditions, any reference to one gender shall include
the other and words importing the singular shall include the
plural and vice versa. Headings appearing in these Terms and
Conditions are for reference purposes only and shall not affect,
dictate, modify or limit the meaning or interpretation of these
Terms and Conditions.
- 2. ADVERTISEMENT PLACEMENT, AMENDMENT AND CANCELLATION
- 2.1. All release/insertion orders and cancellation/drop instructions will only
be entertained, if duly received in writing, received at IMC
Karachi Sales/Marketing office, 48 hours prior to the scheduled
transmission day. All order and cancellation should be provided
in original and shall reach IMC office at the above stated address
within the stipulated time as mentioned above. Agency/Client
should send separate Release Orders (ROs) for Annual Deals,
Day branding, Program branding, Co-Sponsorships, barter deals,
any special deal as agreed and RODP spots. Cancellation of non-occasion
day branding will only be accepted if received at least 5 days
prior to intended day branding day. Cancellation of day branding
of an occasion day must be received at least 10 days prior.
- 2.2. All amendments to previous release orders (such as change of commercials,
copy length, schedule, etc.) should be done through a new release
order. Cancellation of corresponding spots in previous release
order, if any, should be sent with proper reference number,
along with the new release order
- 2.3. Placement of spots is subject to availability. Placement/positioning of
spots will be as per IMC’s Spot Placement policy.
- 2.4. Unless specified as program specific, IMC will consider all release orders
as time band specific releases.
- 2.5. Unless an RO comes under a fixed positioning contract with IMC (for example,
placement of spot within a break or placement of spot in a particular
break or placement of spot on a particular time), IMC will be
free to place the spots within the hour/program irrespective
of instructions on release order.
- 2.6. Every RO should contain a unique reference number, intended scheduled date,
intended scheduled time band, intended program’s name (in case
of program specific release), commercial’s name, caption, duration
and frequency, advertiser’s complete postal address and Advertiser’s
GST Registration number.
- 2.7. IMC stands indemnified against all claims, litigations and disputes arising
directly or indirectly from the telecast or non telecast of
- 2.8. Due to emergency or exigency, IMC shall have the right to withhold the advertisement
spots. In case of any delay, withholding or stoppage of any
advertisement spot, IMC shall not be responsible for any liability
towards Agency or its clients or Advertisers.
- 2.9. While IMC will make utmost efforts to accommodate release orders and cancellation
requests even after the deadlines, however, no guarantees can
be provided for the same. In case of late receipt of cancellation
requests which could not be honored or accommodated, IMC will
invoice for the spots aired.
- 2.10. IMC will have a right to run breaking news scrolls during its programming
or in commercials, whenever required.
- 3. CREDIT AND BILLING
- 3.1. Advertiser or Agency will provide IMC Advertiser’s GST Registration Number
on every RO (or exemption certificate, if available)
- 3.2. IMC shall render invoices to the Advertiser or Agency for actually aired
portion of the release order(s) issued by the Agency or Advertiser.
- 3.3. IMC may extend credit facilities to an Advertising Agent or Advertiser as
the case may be in accordance with its Credit Policy and on
approval of IMC’s Credit Committee. As part of its Credit Policy,
IMC may require a post-dated check from an Advertiser or an
Agency for accepting their RO, in case of extending the credit
- 3.4. Standard credit period is 60 days from the date of invoicing for Advertiser
or Agency approved by IMC’s Credit Committee
- 3.5. Payments should be made in the name of Independent Media Corporation (Pvt)
Ltd., through pay order or demand draft or cross check.
- 3.6. All payments should be supported by an invoice knock-off plan. In the absence
of this knock-off plan available to IMC within 10 days of payment,
IMC will adjust the payments against invoices in chronological
- 3.7. IMC is exempted from deduction of withholding tax (exemption certificate
numberJud-3/CIT/Cos-IV/2005-2006/1137 dated 27-Oct-05). This
exemption certificate is also available on www.geo.tv . Agencies and clients making payments to IMC should not deduct withholding tax.
- 3.8. Agency is responsible and liable to make all payments timely to IMC for
the advertisements released/booked for its various clients and
IMC shall have no concern of privity of contract with the clients
of Agency for any reason whatsoever including the recovery of
advertisements dues, etc.
- 3.9. Failure by IMC to render or dispatch Accounts Statements will not affect
the obligation of the Advertising Agent or the Advertiser as
the case may be to make payment as required in accordance with
these Terms and Conditions and shall not affect any early payment
incentive or late payment fees applicable.3.10. In case of default
on payments, IMC shall, without prejudice to its other rights,
be entitled to suspend the broadcasting/telecasting of advertisement/programs
brought by Agency or Advertiser.3.11. In case a check submitted
to IMC by an Advertiser or Agency is dishonored, IMC reserves
the right to immediately suspend the business until settlement
of overdue amount through a demand draft or a pay order and
seek advance payment for future bookings, without extending
any incentive for advance payment. IMC will not be responsible
for any loss incurred to Advertiser or Agency due to such suspension
3.12. In case of any disputes relating to transmission of spots,
IMC transmission certificates shall be considered as final,
binding and authentic until such time that Agency or Advertiser
provides monitoring/tracking documentary/VHS proof, contrary
to TCs. Billing query should be submitted within 7 days from
the date of receipt of invoice and supported by recorded proof,
tracking report, specific RO and disputed items highlighted,
failing which no claims will be entertained. Existence of a
billing query of any item in any invoice should only affect
the indicated item. Rest of the invoice amount should be paid
within due date. This notification must include the reason for
the query and should be addressed to the Marketing Operations
Manager ( [email protected] ) and a copy should be marked to concerned salesperson. Any credit note issued,
subject to IMC’s approval of billing query, will be adjusted
from relevant invoices.
- 4. INCENTIVES ON EARLY PAYMENTS AND LATE PAYMENT FEE
- 4.1. IMC offers following incentives on early payments:
- 4.1.1. Early bird payment incentive: 5% cash incentive on all releases provided
the entire RO amount is paid in advance along with release instructions.
- 4.1.2. Prompt payment incentive: 5% airtime equivalent to gross advertising value,
subject to the payment of entire invoice amount within 60 days
from the date of invoice.
- 4.2. Starting from March 1, 2006; IMC will charge 1% per month Late Payment Fee
on entire overdue amount beyond stipulated credit period. The
billing system will automatically charge 1% LPF on entire overdue
amount on the 1st day of every month, starting from
- 4.3. Some specific terms and conditions that will apply on above are as under:
- 4.3.1. Early bird payment incentive can be availed in the form of deducted payments
and hence is a cash incentive.
- 4.3.2. For an advertiser to avail the Prompt payment incentive, IMC will hand
over to the advertiser/advertising agency the “Entitlement Voucher”.
Value of “Entitlement Voucher” would be net of GST.
- 4.3.3. IMC will invoice the advertiser/ad agency for the Prompt payment incentive
and simultaneously issue the credit note for non-GST portion
of the invoice. This would allow the advertiser to claim the
- 4.3.4. Advertising against “Entitlement Voucher” will be allowed between 0100
to 1559 hours and will have to be availed within 30 days of
issuance of voucher.
- 4.3.5. Early bird payment incentive can be availed provided there is no outstanding
amount in the ledger at the time of making the advance payment
in order to avail the cash discount.
- 5. MATERIAL MANAGEMENT
- 5.1. Agency shall provide DVC/DVC pro (Pal Format, Panasonic tapes) at least
5 working days before the scheduled date of transmission. Agency
shall not deliver to IMC any original or master recording of
the advertising films. Unless otherwise agreed in writing, all
materials will be discarded by the channel if not transmitted
for a period of 3 months without further reference to Agency
or Advertiser. In no event shall IMC be liable for any delay
in delivery, loss or damage to any of the materials.
- 5.2. As a matter of policy, IMC will not return, in any circumstance, the original
material sent by agency/client
- 5.3. Minimum acceptable length of commercial is 5 seconds. If the exact duration
of commercial runs in fractions, 10 frames or more beyond the
previous full second will be charged at full second. For example:
a commercial having length of 20 seconds and 10 frames will
be charged 21 seconds.
- 5.4. The Client or Agency grants IMC the right to make recordings of ad material
for the archival purposes.
- 5.5. IMC reserves the right not to air advertising material found incongruent
with its Censor Policy. In this regard, the decision of IMC
shall be absolute and final. Any censor approval given in respect
of any part of the advertising copy shall be without prejudice
to IMC’s right to withhold approval of any other such element
or part. IMC reserves the right in its absolute discretion and
without accepting any liability therefore to the client to refuse
to transmit any advertisement without assigning any reason.
In such cases, IMC will refund advance payment received, if
any, prior to the broadcasting.
- 5.6. Delivery of the Advertisement Copy shall be deemed to have been made only
when the IMC’s technical requirements have been met and the
relevant transmission instructions have been given.
- 6. WARRANTIES AND INDEMNITIES
- 6.1. The Advertiser or the Agency, as the case maybe, hereby warrants, represents
and undertakes to the IMC as follows:
- 6.1.1. That the Advertising Copy does not infringe the copyright or other rights
or be defamatory to any third party
- 6.1.2. That they have obtained and paid for all necessary consents, licenses
and permissions for the transmission of the advertising copy
- 6.1.3. That they will keep IMC fully indemnified and harmless against all actions,
proceedings, costs, damages, expenses, penalties, claims, demands
and liabilities howsoever arising from any breach of the Advertiser’s
or the Agency’s warranties, obligations or agreements contained
herein or in any manner whatsoever in consequence of the use,
recording, transmission or broadcasting in the form submitted
or prescribed of any Advertising Copy or matter supplied by
or transmitted for the Advertiser or Agency
- 7. GENERAL
- 7.1. All business with IMC will be governed in accordance with the Laws of Pakistan.
In case of disputes, competent Courts at Karachi shall have
exclusive jurisdiction to deal and decide the dispute between
- 7.2. IMC reserves the right to change rates and/or terms and conditions.
- 7.3. Any term or condition agreed specifically with an Agency or Advertiser supersedes
the corresponding term or condition mentioned herein.
- 8. FORCE MAJEURE
IMC shall not be responsible for any delay or hindrance in the
telecast of advertisement due to an event of force majeure (e.g.
Acts of God, flood, fire, earthquake, war, riot, satellite malfunction,
terrestrial or extra terrestrial interference, insurrection,
strike, act of any civil or military or governmental authority)
or any other causes of similar nature or for any other reason
beyond its reasonable control.