IMC FZ LLC
General terms and conditions of contract.
This terms and conditions statement sets forth the acceptance
of the terms of the use of the services provided by IMC FZ LLC.
By using the services of IMC FZ LLC, you are agreeing to all terms
set forth in this statement.
(a) The expression 'The Company shall
herein after mean IMC FZ LLC and shall include the successor's
title and assigns of the Company.
(b) The expression 'The Advertiser
' wherever it here in after appears shall mean the person , firm
or company by whom an order for an advertisement booking is placed
and shall also mean and include the Advertiser's successors in
title and assigns.
(c) The expression 'Advertising Agency
' shall mean a firm or a company who places business on behalf
of the advertiser and is appointed by the advertiser on his behalf
to deal in media buying.
(d) The expression 'Advertisement
Copy ' shall mean any advertising material intended for telecast
/ broadcast by the company.
2. Advertising Agencies and Commissions
(a) An Advertising Agency acting
on behalf of the Advertiser shall be deemed to be responsible
for the contract as principle, and will accordingly be responsible
for payment of accounts and will be deemed to have full authority
in all matters connected with the placing of orders and the approval
or amendment copy.
(b) An Advertising Agency will be
entitled to the normal agency commission payable to all advertising
agencies recognised by the Company, provided such business is
routed through them. This will be calculated on the basis of the
rates applicable less discounts allowed and less any surcharge
payable under the local laws.
c) No agency commission will be payable
by the Company to an Advertiser or allowed to be shared by any
client. Any Advertising Agency not recognised under Condition
2(b) or in the case of overseas agency, not recognised by the
appropriate media organization in its own country will not be
entitled to any agency commissions.
3. Acceptance of Terms and Conditions
(a) The placing of an order with
the Company by an Advertiser/Advertising Agency will be deemed
as acceptance of these terms and conditions by the Advertiser.
(b) No terms or conditions, other
than those set forth here in, or any variation there of, shall
be binding upon the Company or the Advertiser unless reduced to
writing and signed by, on behalf of both the Company and the Advertiser.
4. Acceptance of Advertisements
(a) All advertisements will be telecast/broadcast
subject only to approval by the Company and to their compliance
with the local communications Act.
(b) Advertisement copy must be delivered
no less than four clear working days before schedules telecast/broadcast
date unless the company shall, in any particular case, agree to
accept a shorter period. Delivery of advertisement copy shall
not be deemed to have been made until the Company's technical
requirements and submissions procedures have been complied with
and the relevant telecast/broadcast instructions have been given.
If the advertiser fails to deliver advertisement copy in accordance
with the provision of this paragraph, he may be subject to a surcharge
of USD 200- and remain liable to pay for the advertisement whether
or not it is telecast/Broadcast.
(c) The form in which advertisement
copy must be submitted and the procedure for the approval and
or rejection thereof changes or alternative copy use and like
matters shall be dealt with in accordance with the 'submission
procedures'. (as shall be published by the company from time to
time) prevailing at the date of submission of the advertisement
(d) The Company, at any time, may
without incurring any liability whatsoever to the Advertiser:-
(i) Add to, delete, change or otherwise
amend advertisement copy if so required by the local broadcast
regulatory authority or if in the opinion of the Company the advertisement
contains unsuitable material or copy, but the Advertiser shall
remain liable to pay for such advertisements.
(ii) Decline to telecast/broadcast
any advertisements without giving a reason for so declining but
the Advertiser shall not be liable to pay for such advertisements.
(iii) Restrict any repeat telecast/broadcast
of the same advertisement.
(e) Subject to the provisions of
Condition 11 below all booking are accepted on the understanding
that they will be paid for at the rates in force at the date of
5. Dates/Times of Telecast
(a) The Company does not guarantee
that the scheduled times and or dates of telecast will be adhered
to, but if for any reason whatsoever an advertisement is:
(i) Not telecast during the period
(ii) Not telecast at all, or
(iii) Telecast so that a material
part there of is omitted, or
(iv) Telecast containing a material
error made by the company. the Company will endeavour to offer
a make good telecast/broadcast during some other similar period,
which may be accepted by the Advertiser provided, that if any
offer of such a telecast is not accepted,(or is not made), the
Advertiser shall have no claim against the Company and or the
local broadcast regulatory authority in respect of IMC FZ LLC
or for any expense or damage whatsoever in contract or tort incurred
as a result thereof, and the company shall be entitled to be paid
by the Advertiser any agreed fees or such expenses as the Company
has incurred in respect of any facilities arranged or provided.
(b) If, as a result of transmission
failure, an advertisement is not telecast, the Company shall compensate
the advertiser in such manner as the Company shall deem reasonable
which shall in no case be in excess of the revenue from that particular
(c) In the event of the Company's
activities being restricted, curtailed or prevented by any law
or any other act or thing beyond the Company's control. The Company
may, at anytime, notwithstanding anything herein before contained
forthwith determine any contract without prejudice to the Company's
right to be paid by the Advertiser any monies due and owing by
the Advertiser to the Company at the time of such determination.
Subject to the provision of condition
11, any booking may be cancelled by either side, provided that
notice in writing is received by the Company or the Advertiser,
as the case may be, not less than 96 hours before the schedule
If the cancellation is made by the
Advertiser, the campaign will be charged at the rate appropriate
to the number of advertisements actually telecast before such
a cancellation becomes effective.
7. Material and Property Liability
While every care will be taken in
respect of recordings, scripts or other material, the Company
cannot accept liability for the loss, damage or delay in delivery
thereof whether in the studio or transit and whether or not such
recordings, scripts or other material are supplied by the Company.
(a) Accounts payable by an advertising
agency recognised by the Company or any other approved credit
customer of the Company, shall be paid no later than 15th day
of the month, following the month of telecast whether or not invoices
are issued and without demur or deductions. Other accounts shall
be paid no later than seven clear days before the scheduled first
telecast date and in default of such payment, the Company shall
be entitled to refuse to telecast the advertisement or charge
late payment fee at 3% per month.
(b) The existence of a query on any
individual item in an account shall not effect the date of Payment
of balance of the account.
9. Warranties and Indemnities
The Advertisers warrants and undertakes
(a) He will be responsible for obtaining
and paying for all necessary licences and consents for the telecast
of any advertising copyright material contained, or the inclusion
of any person in his advertisement.
(b) No Advertisement Copy will breach
the copy right, other intellectual property rights and/or any
such other rights of, or be defamatory of any third party.
(c) He will indemnify and keep the
Company indemnified against all cost, damages, expense penalties,
claims, demands and liabilities arising from any breach of the
above warranties or in any manner whatsoever in consequence of
the use, recording or telecasting of any Advertisement Copy or
matter supplied by or telecast for the Advertiser.
10. The Advertiser shall only publish
any information in connection with any advertisement which has
been telecast/ broadcast or is scheduled for telecast/broadcast
if the Company has given its prior written consent.
11. Change of Rates and Conditions
(a) The Company reserves the right
to change the advertisement rates, time segments, classifications
and any of these terms and conditions by not less than 28 clear
days notice. In the event of such change, the rates applicable
shall be those in force at the time of telecast, the Advertiser
concerned shall, (by serving written notice on the Company within
10 clear days or receiving notice of such change), be entitled
to cancel any order for an advertisement to which the changed
rates of terms and conditions would otherwise be applicable.
(b) The Company may from time to
time make special charges and or conditions for certain types
of advertisements or for bookings at certain specified periods.
12. No Resale of Service
The Advertiser agrees not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes,
any portion of the Advertisement Copy.
The Advertisers agree to indemnify
and hold the Company and its subsidiaries, affiliates, officers,
agents, co-branders, or other partners and employees, harmless
from any claim or demand, including reasonable solicitors' fees
made by any third party due to or arising out of content submitted
by the Advertiser, in connection to the services provided by the
Company. The Advertisers violation of the terms and conditions
stated herein or the Advertisers violation of any rights of another.
The Advertiser expressly understands
and agrees that:
(a) The Advertisers use of the service
is provided by the Company is at the Advertisers' risk. The service
is provided on "as is" and "as available"
basis. The Company expressly disclaims all warranties of any kind,
whether express or implied, including but not limited to the implied
warranties, warranties of merchantability, fitness for a particular
purpose and non-infringement.
(b)The Company makes no warranty
(i) The service provided by the Company
will meet the advertiser's requirements.
(ii) The service provided by the
Company will be interrupted, timely, and secure and error free.
(iii) The results that May be obtained
from the use of the Company's services will be accurate or reliable.
(iv) The quality of any recordings,
products, services, information or other material supplied by
the Company will meet the Advertiser's expectations.
(v) Any such service will be remedied/corrected.
Any notices may be made via either
e-mail or regular mail.
16. Trademark Information
IMC FZ LLC, the Company's logo are trademarks of the Company
and the Advertiser agrees that he will not infringe in any manner,
the Company's trademark without prior written permission /consent.