4. Acceptance of Advertisements
(a) All advertisements will be telecast/broadcast subject only to
approval by the Company and to their compliance with the communications
Act 2002/2003. The `Ofcom' broadcast
codes and their advertising rules and regulations apply.
(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 shall be subject to a surcharge of £ 200- and remain liable
to pay for the advertisement weather 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 Ofcom 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 telecast/broadcast.
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 arranged, or
(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 Ofcom in respect of Geo TV Limited 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 failed telecast.
(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 any
time, 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 28
days before the schedule telecast date.
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.
(c) VAT invoices will be issued as and when the advertising campaign
ceases at the end of the month.
9. Warranties and Indemnities
The Advertisers warrants and undertakes that:
(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
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
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
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 that,
(i) The service provided by the Company will meet the advertiser's
(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
(v) Any such service will be remedied/corrected.
Any notices may be made via either e-mail or regular mail.
16. Trademark Information
Geo TV, 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.