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General Terms and Conditions of Contract

  1. Interpretation
    1. The following words and expressions shall have the following meaning:-

      “Advertiser” means 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.
      “advertisement copy” means any advertising material intended for broadcast by the Broadcaster.
      “the Authority” means the Radio Authority or any other organisation authorised to licence and regulate radio broadcast from time to time.
      “the Broadcaster” means the relevant radio station, and shall include the successors in title and assigns of that company.
      “First Radio” means First Radio Sales Limited or its authorised sub-agents approved in writing by the Broadcaster.
      “working day” means any day of the week from Monday to Friday inclusive except any Bank or Public Holiday in the United Kingdom.
    2. The headings to clauses are for convenience only and have no legal effect.
    3. Where the context permits words importing one gender shall be treated as importing any gender; words importing individuals shall be treated as including corporations and vice versa and words denoting the singular shall include the plural and vice versa.
    4. References to clauses are to clauses of these terms.
    5. References to statutes or statutory bodies or authorities shall include such as are currently in place and such re-enactments or amendments which occur from time to time.
  2. Advertising Agencies and Commissions
    1. An Advertiser who is an advertising agency shall be deemed to contract as principal and will accordingly be responsible for the 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 of advertisement copy.
    2. Agency commission of 15% is allowed to all advertising agencies recognised by First Radio or the Broadcaster (such recognition not to be unreasonably withheld) and will be calculated on the basis of the rates applicable less discounts allowable, and less any surcharge payable under the provisions of Clause 4.
    3. First Radio may at its absolute discretion award agency recognition to non recognised agencies subject to credit requirements notified to such agency in writing from time to time.
  3. Acceptance of Terms & Conditions
    1. The placing of an order with First Radio as agent for the Broadcaster by the Advertiser will be deemed an acceptance of these terms and conditions by the Advertiser and (if the Advertiser is an agency) by its client as well.
    2. No terms or conditions other than those set forth herein or any variation thereof under Clause 11 shall be binding upon the Broadcaster, First Radio or the Advertiser unless reduced to writing and signed by or on behalf of the Broadcaster, First Radio and the Advertiser by a director or other person with authority to commit that organisation.
    3. The Advertiser when placing an order with First Radio shall accept that First Radio is acting as the agent of the Broadcaster and nothing in these conditions shall be deemed to constitute a partnership between First Radio and the Broadcaster or any other the parties hereto.
  4. Acceptance of Advertisement
    1. All advertisements will be broadcast subject only to approval of them by the Broadcaster and to their compliance with the Broadcasting Act 1990, The Radio Authority Code of Advertising Standards and Practice and Programme Sponsorship and technical requirements issued by the Authority and the Broadcaster’s technical requirements and submission procedures provided always that the approval shall not in any way constitute an acknowledgement that the Advertiser has fulfilled its duty to vet advertisements in accordance with the provisions of Clause 4.4 below.
    2. Advertisement copy must be delivered not less than 7 clear days before scheduled broadcast date unless the Broadcaster 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 Broadcaster’s technical requirements and submission procedures have been complied with and the relevant broadcast instructions have been given. If the Advertiser fails to deliver advertisement copy in accordance with the provisions of this paragraph such Advertiser shall remain liable to pay for the advertisement whether or not it is broadcast unless such liability is extinguished in writing by the Broadcaster.
    3. The form in which advertisement copy must be submitted, the procedure for approval and/or rejection thereof, surcharges for late acceptance, changes or alternative copy use and like matters shall be dealt with in accordance with the Submission Procedures (as shall be published by the Broadcaster from time to time) prevailing at the date of submission of the advertisement copy.
    4. The Broadcaster retains the absolute right without incurring any liability to the Advertiser to add to, delete, change, amend or decline to broadcast or carry out any advertisement or promotion or restrict or decline any repeat without giving any reason therefor. Notwithstanding this right it is the duty of the Advertiser to vet all advertisements and ensure that there will be no breach of copyright or other rights, no defamation of any person, no breach of the law and no breach of the Authority’s requirements. The Broadcaster has no obligation to carry out any such vetting. Without prejudice to Clause 4.2 and Clause 6 below the Advertiser will not be liable to pay for an advertisement which has not been broadcast by reason of the Broadcaster exercising its discretion under this Clause 4.4.
    5. Subject to the provisions of Clause 11 below all bookings are accepted on the understanding that they will be paid for at the rates in force at the date of broadcast.
  5. Dates/Times of Broadcast
    1. the Broadcaster does not guarantee that the scheduled times and/or dates of broadcast will be adhered to but if for any reason whatsoever an advertisement is:-
      (a) not broadcast during the period arranged; or
      (b) not broadcast at all; or
      (c) broadcast so that a material part thereof is omitted; or
      (d) broadcast containing a material error made by the Broadcaster,
      the Broadcaster will use all reasonable endeavours to offer a broadcast or broadcasts during some other period which may be accepted by the Advertiser provided that if any offer of such a broadcast is not accepted (or is not made) the Advertiser shall have no claim against the Broadcaster and/or the Authority in respect of non-broadcast or for any expense or damage whatsoever incurred as a result thereof and the Broadcaster shall make no charge to the Advertiser for such advertisement.
    2. Advertisements broadcast within ten minutes of the segment booked may in circumstances which in the Broadcaster’s opinion are exceptional be treated as having been broadcast within the segment.
    3. If, as a result of transmission failure an advertisement is broadcast on only one frequency or wavelength or station where it is the normal practice on the contract provided by the Broadcaster to broadcast on two or more frequencies wavelengths or stations, then the Broadcaster shall compensate the Advertiser in such manner as the Broadcaster shall deem reasonable.
    4. In the event of the Broadcaster’s activities being restricted, curtailed or prevented by any law or any other act or thing beyond the Broadcaster’s control (“a force majeure event”) the Broadcaster may at any time notwithstanding anything herein contained forthwith determine any contract without prejudice to the Broadcaster’s right to be paid by the Advertiser the agreed fees and any monies due and owing by the Advertiser to the Broadcaster at the time of such determination.
    5. Copy tapes will be kept by the Broadcaster for 6 weeks and it is the responsibility of the Advertiser to check the transmission times in that period and any query regarding transmission times shall be notified to First Radio in writing within that period failing which the Advertiser shall be deemed to have accepted that the Advertisement has been properly transmitted.
  6. Cancellations
    Without prejudice to the provisions of Clause 11, any booking may be cancelled by any party provided that notice in writing is received by the other parties as the case may be not less than 28 days before the scheduled broadcast date. If the cancellation is made by the Advertiser the Advertiser will be charged and the Advertiser shall pay the Broadcaster at the rate appropriate to the number of advertisements booked before such a cancellation becomes effective and in addition the Advertiser shall pay any agreed fees or such expenses as the Broadcaster has incurred in respect of any facilities arranged or provided.
  7. Liability
    1. Whilst every care will be taken in respect of recordings, scripts or other material, the Broadcaster shall have no liability for the loss, damage, delay in delivery thereof whether in the studios or in transit and whether or not such recordings, scripts or other material are supplied by the Broadcaster. The Advertiser should keep its own material and back-ups.
    2. The Broadcaster shall not be liable under any circumstances howsoever arising for any loss of business or profits or for any incidental indirect special or consequential loss or damage of any kind suffered or incurred by the Advertiser or the Advertiser’s client.
    3. Without prejudice to Clause 7.2 the Broadcaster’s total liability howsoever arising (save for death or personal injury arising from negligence) in relation to any advertisement or the failure duly to broadcast the same shall not in any circumstance exceed the fee payable by the Advertiser for such advertisement.
    4. First Radio shall have no liability whatsoever to the Advertiser under any circumstances however arising save as a result of the negligence of First Radio.
  8. Accounts
    1. Accounts payable by an advertising agency recognised by the Broadcaster shall be paid to First Radio not later than the 15th day of the month following the month of broadcast such payments shall be lodged by First Radio in a First Radio Clients Funds Bank Account.
    2. Other accounts shall be paid not later than 7 clear days before the scheduled broadcast date unless otherwise agreed in advance by the Broadcaster or First Radio in writing and in default of such payment the Broadcaster shall be entitled to refuse to broadcast the advertisement.
    3. The existence of a query on any individual item in an account shall not entitle the Advertiser to withhold payment of the balance of the account.
    4. The Advertiser shall be responsible for any taxes or levies imposed by government or industry, which may become payable from time to time in relation to payments made for advertisements broadcast.
  9. Warranties & Indemnities
    The Advertiser warrants and undertakes that:-
    (a) it will be responsible for obtaining and paying for all necessary licences and consents for the broadcast of any advertising copyright material contained or the inclusion of any person in its advertisement.
    (b) no advertising copy shall contain any libellous, slanderous or defamatory statement, or any matter infringing the rights of third parties (whether copyright, piracy, statutory, or common law rights) or invade the privacy of any third party or otherwise be in breach of English law.
    (c) It will indemnify First Radio and the Broadcaster and keep them indemnified against all actions, proceedings, costs (including legal and other professional costs), damages, expenses, 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 broadcasting of any advertisement copy or matter supplied by or broadcast for the Advertiser.
  10. Publicity & Information
    The Advertiser shall not publish any information in connection with any advertisement which has been broadcast or is scheduled for broadcast unless and until the Broadcaster has given its prior written consent.
  11. Changes of Rates & Conditions
    1. The Broadcaster reserves the right to change by informing the Advertiser in writing the advertisement rates, time segments, classification and any of these terms and conditions by not less than 28 clear days notice and in the event of such a change the rates payable and the terms and conditions applicable shall be those in force at the time of broadcast but the Advertiser concerned shall (by serving written notice on the Broadcaster within 10 clear days of receiving notice of such change) be entitled to cancel any order for an advertisement to which the changed rates or terms and conditions would otherwise be applicable.
    2. The Broadcaster and/or First Radio may from time to time make special charges and/or conditions for certain types of advertisement or for bookings at certain specified periods. The Advertiser shall be advised of such special changes and/or conditions at or prior to the time of placing an order in accordance with Clause 11.1.
  12. Interest on Overdue Balance
    In the event of any monies which are not subject to a legitimate query due by the Advertiser to First Radio or the Broadcaster remaining unpaid when due, the Advertiser agrees to pay First Radio on behalf of the Broadcaster interest on the amount outstanding at the rate of 4% above the base rate per annum of National Westminster Bank Plc as notified by the Bank from time to time calculated from the date payment is due on a daily basis until full payment is made. No variation of this interest liability shall be binding unless agreed specifically in writing by both parties.
  13. Termination and Assignment
    1. An order accepted under these conditions may be terminated forthwith at any time by the Broadcaster or First Radio giving written notice to the Advertiser if an order is made or an effective resolution is passed for the winding up of the Advertiser or the Advertiser’s client or if a receiver, administrative receiver or administrator is appointed over the whole or any part of the assets or undertaking of the Advertiser or the Advertiser’s client save for the purpose of solvent reconstruction or amalgamation.
    2. Termination of an order shall be without prejudice to any claim by the Broadcaster which may have arisen in respect of any order accepted prior to the date of such termination including (for the avoidance of doubt) any payment of commission or payment which may thereafter fall due to First Radio or any other payment due to First Radio or the Broadcaster howsoever arising. If the Broadcaster or First Radio serves a notice on the Advertiser where such Advertiser is an agent such notice shall be deemed also to have been served upon the client of such agent.
  14. Miscellaneous
    This agreement shall be governed by and construed in accordance with the laws of England and the English Courts shall have exclusive jurisdiction.
  15. Notices
    1. Any notice or other information required or authorised by these terms shall be in writing and may be given by hand or sent by first class pre-paid post or facsimile transmission to the address given herein or such other address of which notice has been given.
    2. Any notice or other information given by post shall be deemed to have been given on the day of delivery. Any notice or information given by post shall be deemed to have been given 2 days after the envelope containing it was so posted and proof that the envelope containing any such notice or information was properly addressed and sent by first class pre-paid post shall be sufficient evidence that such notice or information has been duly given.
    3. Any notice or other information sent by facsimile transmission shall be deemed to have been duly sent on the date of transmission provided that a confirming copy is sent by first class pre-paid post to the address referred to in 15.1 within 12 hours after transmission.
    4. (a) Where in these terms an act is required to be done or notice required to be given within a specified period after or from a specified date the period begins immediately after that date;
      (b) Where in these terms an act is required to be done or notice required to be given within or not less than a specified period before a specified date the period ends on the last day preceding that date;
      (c) Where in these terms an act is required to be done or notice required to be given a specified number of clear days before or after a specified date at least that number of days must intervene between the day on which the act is done and that date;
      (d) Where the period in question being a period of 2 days or less would include a day that is not a working day that day shall be excluded.

First Radio Standard Competition Terms & Conditions

  1. 1. These terms and conditions are the competition rules ("Rules) that apply to all competitions (“Competitions”) organised by or on behalf of First Radio Sales Limited (the “Promoter”). For the purposes of these Rules, the term “Promoter” shall also include (a) all radio stations represented by First Radio Sales, and (b) all agents, sponsors and event promoters involved in organising Competitions through or on behalf of First Radio Sales.
  2. 2. In addition to the Rules, other specific terms and conditions may apply to a particular Competition (“Specific Rules”). Such Specific Rules will be posted on the relevant Promoter’s website and will be deemed incorporated into these Rules. In the event of any discrepancy between these Rules and the Specific Rules, the Specific Rules shall prevail.
  3. 3. By entering a Competition, entrants agree to be bound by these Rules and any Specific Rules that may apply.
  4. 4. The Promoter reserves the right to cancel or amend any Competition, these Rules or any Specific Rules at any time without prior notice. Any changes will be posted either within these Rules or the Specific Rules or on the relevant Promoter’s website. The Promoter may at any time, without notice, issue further terms and conditions to be read in conjunction with these Rules and any Specific Rules that may apply.
  5. 5. Each entrant must be over 18 years of age and resident in the UK to enter Competitions.
  6. 6. Officers, employees and agents of the Promoter and any party associated or directly connected to or with the specific Competition (including sponsors) and their families, officers, employees and agents (as applicable) are not permitted to enter.
  7. 7. Only one entry per person per Competition is permitted.
  8. 8. Proof of making a phone call, sending post or email is not proof of our receipt of your entry. No responsibility can be accepted for entries that are lost, delayed or damaged or otherwise affected by matters outside our control.
  9. 9. Where a Competition has a closing date and/or time, all entries must be received before such date and/or time. Late entries will not be taken into consideration in the selection of a winner.
  10. 10. By entering a Competition, you hereby warrant that all information submitted by you is true, current and complete.
  11. 11. The Promoter reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of these Rules or any Specific Rules or any other terms and conditions that apply to any Competition. Furthermore, entrants who are rude, abusive or deemed otherwise unsuitable by the Promoter will be excluded from the relevant Competition.
  12. 12. The Promoter also reserves the right to reject entries, applications or claims and to alter, amend or foreclose a Competition without prior notice in its absolute discretion. The Promoter reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of these Rules or any Specific Rules.
  13. 13. Collusion with other Competition entrants is strictly prohibited and may result in immediate disqualification.
  14. 14. Callers are not necessarily entitled to participate in on-air Competitions and will not necessarily appear on-air in the order in which they are called. The Promoter shall not be liable to reimburse callers for telephone charges when either on hold or on-air. Where the situation arises, only the person who is selected to come to air (if applicable) is eligible to win if they give the correct answer.
  15. 15. Competition winners will be chosen at random unless otherwise specified.
  16. The judge’s decision is final and no correspondence will be entered into.
  17. The Promoter will endeavour to notify and deliver prizes to winners of each Competition within 30 days of the closing date set for such Competition. Return of any prize notification as undeliverable or failure to reply as specified in the notification may result in disqualification and the selection of an alternate winner.
  18. 18. In the case of Competition prizes in the form of free tickets for a particular event, the Promoter will contact the prize winner by phone and prize details shall be as printed on the event tickets. Ticket holders shall be bound by (a) these Rules, (b) any Specific Rules that apply, (c) any terms and conditions set out on the event tickets and (d) the rules and regulations of the particular venue (as applicable).
  19. All Competition prizes are subject to availability.
  20. All taxes, insurances, transfers, spending money and other expenses, unless specifically stated, are the sole responsibility of the prize-winner.
  21. No Competition prize may not be transferred or assigned to any other person and no cash alternative or alternative prize is available. In the event of the advertised Competition prize being unavailable for whatever reason, the Promoter reserves the right to offer an alternative prize of equal or greater value.
  22. Competition prizes are awarded at the Promoter’s sole discretion and no prizes will be awarded as a result of improper actions by or on behalf of any entrant.
  23. 23. No responsibility will be accepted for inaccurate Competition prize details supplied by the Promoter.
  24. The Promoter shall not be responsible for any damage, loss, injury or disappointment suffered by any entrant entering, or being unable to enter, any Competition or as a result of accepting any Competition prize. Neither shall it be held responsible for any problems or technical malfunction of any telephone network or lines, computer on-line system, servers or providers, computer equipment, software failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website, or any combination thereof, including any injury or damage to any entrant’s or any other person’s computer or mobile telephone related to or resulting from participation in or downloading any materials in a Competition. Nothing shall exclude the Promoter’s liability for death or personal injury as a result of its negligence.
  25. Competition winners may be required to take part in or co-operate with publicity or any other form of promotional activity. The Promoter reserves the right to use the names and addresses of winners, their photograph and any recordings of them (be it audio or visual) in any publicity or promotion. All Competition entrants agree to their name and home town being published on-air and elsewhere. Entrants agree to their participation being broadcast, recorded, repeated and otherwise used for any reason by the Promoter without being entitled to any payment for such use. The Competition winner may be required by the Promoter to participate in a photo, video and/or film session and the winner hereby acknowledges that the Promoter has the right to use such photos, videos or films in any medium and in any reasonable manner for any purpose as it may see fit.
  26. Any personal data relating to Competition entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s consent.
  27. The Promoter will keep a winning entrant’s personal details for a reasonable time so that it can send the entrant the winning prize, to verify that these Rules (and any Specific Rules, if applicable) have been complied with, and for accounting purposes. The Promoter may pass a winning entrant’s details on to its sponsors, service providers or agents for the purposes of sending out winning prizes on its behalf.
  28. Entrants agree to keep confidential any information of whatsoever nature regarding First Radio Limited and any member of the First Radio Group and their respective businesses, personnel, agents, sponsors and event promoters received by entrants as a result of winning or participating in any Competition.
  29. Each Competition (including these Rules, any Specific Rules and all matters incidental thereto) shall be governed by English law and all parties shall submit to the exclusive jurisdiction of the English courts.
  30. Any enquiries regarding these Rules and any Specific Rules should be directed to: First Radio Sales, 18 Hatfields, London, SE1 8DJ.

First Radio Privacy Policy

First Radio Sales Limited ('us', 'we') is committed to protecting and respecting your privacy.

This policy (the 'Privacy Policy') sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

This Privacy Policy also contains our policies on cookies.

For the purpose of the Data Protection Act 2002 (the 'Act'), the data controller is First Radio Sales Ltd, Carn Brea Studios, Barncose Industrial Estate, Redruth, Cornwall, TR15 3RQ

1. Consent

Your use of this Website signifies your consent to us collecting and using personal information about you as specified below in accordance with this Privacy Policy. Should we choose to change our Privacy Policy for any reason, the changes will be posted on this Website, so that you are always kept informed of how we collect and use your personal information, and when we may disclose it.

2. The information we collect and how we use it

2.1 We may collect and process the following data about you:

i. information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website (if required), subscribing to any service offered by us or posting material on this Website. We may also ask you for information when you enter a competition or promotion and when you report a problem with our Website;

ii. if you contact us, we may keep a record of that correspondence;

2.2 We use information held about you in the following ways:

i. to ensure that content from our Website is presented in the most effective manner for you and for your computer;

ii. to allow you to participate in interactive features of our Website, when you choose to do so; and

2.3 Where you have opted to allow us, we may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.

3. How do we protect your Information?

3.1 We are serious about guarding the security of your personal details. We have strict security procedures covering the storage and disclosure of your information in order to prevent unauthorised access and to comply with the Act. This means that sometimes we may ask you for proof of identity before disclosing any personal information to you.

3.2 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

4. IP Addresses and Cookie Policy

4.1 We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

4.2 For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our Website and to deliver a better and more personalised service. They enable us:

i. to estimate our audience size and usage pattern;

ii. to store information about your preferences, and so allow us to customise our Website according to your individual interests;

iii. to speed up your searches; and

iv. to recognise you when you return to our Website.

4.3 You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our Website.

4.4 Please note that our advertisers may also use cookies, over which we have no control.

4.5 On 26th May 2012, new rules came into force regarding cookies. These rules require that cookies can only be placed on devices where the user has given their consent. We use the following types of cookies on this website:

Essential cookies - These cookies are essential to allow you use our websites and include Session cookies. Session cookies expire when you end your web browser session. Specifically, we set a session cookie after a user fills in an entry form, so that the user cannot fill in the form on more than one occasion.

3rd Party Advertising cookies - These types of cookies may collect information about the types of pages that you visit in order to serve you with relevant advertising. The tracking system is anonymised and therefore it does not know who you are; it simply uses the limited information available to it to serve adverts to you, which it believes are relevant.

Tracking / User Analysis cookies - We use 3rd party companies to track how many users we have, and which pages are most popular. These tools include Google Analytics provided by Google. You can find out more about these cookies on the Google Developers website.

You have the ability to accept or decline cookies using your web browser, but please be aware that for some parts of our websites to work you will need to accept cookies. Cookies can be removed or declined by changing your web browser settings. For more information please visit www.allaboutcookies.org. Please be aware that this is a third party website and as such Quidem accept no liability for the instructions given on this site.

Find out more about the EU Directive on Cookies here.

5. Access to information

5.1 You have the right to access any personal information that you have submitted to us. We reserve the right to charge a small fee for each request made by you for us to provide you the details of the personal information we hold about you.

5.2 You can withdraw your consent for us to hold your details by writing to or emailing us, including your name and full address, requesting a full removal of your details from our database.

6. Disclosures

We have a responsibility to keep your information confidential and we take all reasonable care to prevent any unauthorised access to your personal data. We do not disclose information that you may give, such as name, address, telephone number or e-mail address to any outside companies.

However, we reserve the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its users.

Our ICO Data Protection Certificate Number is Z8069659 and is renewed every year.

7. Contacting Us

If you have any questions or concerns about our use of your personal information please contact us by e-mailing info@firstradio.co.uk