Terms and Conditions
Trading Terms and Conditions
Trading T's and C's TV
Below are the trading terms and conditions which advertisers have to adhere to in order to advertise on SABC Television stations. As a prospective/existing client, kindly take time to familiarise yourselves with them to looking forward to doing business with you.
1. Broadcasting Act of 1999 and Regulations
All confirmation of orders and broadcast of spot announcements are subject to the
Broadcasting Act No.4 of 1999 as amended and the current Advertising Code and Regulations as amended, including any special conditions which may be applicable from time to time.
2.1 All rates quoted are exclusive of VAT.
2.2 Published rates are subject to change without prior notice.
2.3 All rates quoted are based on standard 30 second duration spots. SABC will apply a conversion table for rates of different durations and special broadcasts may attract different rates. Rates for durations of longer than 30 seconds are calculated pro-rata to the 30 second rate.
2.4 The rates quoted from time to time include commissions due on net time costs.
2.5 In the event of SABC omitting for any reason whatsoever to broadcast a spot announcement, whether in part or in full, then any claim by THE APPLICANT shall be limited to a rebate as prescribed by the current Advertising Code and Regulations. Any such rebate claim must be lodged by THE APPLICANT within TWENTY days of date of the dispatch of the applicable invoice. Failure by THE APPLICANT to lodge the rebate claim within the prescribed period will render any such claim null and void
2.6 Where applicable, settlement discount (agency commission) will only be granted to THE APPLICANT where the payment from THE APPLICANT has been received in the chosen account of SABC on or before the payment due date.
2.7 Commitment contract Contracts must be completed in writing and signed by both SABC and THE APPLICANT. No orders, amended order will be executed without a signed acknowledgement by both parties that they are in agreement with rates and /or adjustments. This arrangement applied to ALL contracts and agreements signed off with the SABC.
2.8 SABC will not accept responsibility for incorrect flightings of material if flighting codes are revised after finalisation of logs, or if flighting codes are received after deadlines for submission of material. This will also apply to late additions and cancellations on finalised logs
3. The following terms and conditions are also applicable:
3.1 Specified positions in breaks are subject to a 25% surcharge.
3.2 Although SABC will endeavour to ensure that THE APPLICANT’s choice of programmes are available, it is to be understood that no guarantee is given to THE APPLICANT or any others and that non-availability of any particularadvertising channel/ programme of choice shall under nocircumstances constitute a valid reason for not paying SABC
any amount which may be owing from time to time.
3.3 A 100% cancellation fee will be applicable to commercials cancelled within 20 working days prior to broadcast.
3.4 THE APPLICANT accepts that deviations of actual broadcast times, from advertised broadcast times, of up to 30 minutes may occur from time to time. THE APPLICANT shall under nocircumstances be entitled to withhold any payment resultingfrom such deviations.
3.5 SABC reserves the right to cancel and reallocate programmes at its discretion. In such an instance SABC shall have the right to displace commercials purchased and rebook at a revised date.
3.6 Rates quoted in the programme schedule must be related back to the rate grid. The “T”rate takes preference over the actual figures if a discrepancy occurs.
4. Disclaimer and indemnity
THE APPLICANT hereby indemnifies and holds SABC and its employees harmless against any claims for damages to property or personal injuries, infringement of copyright,defamation, losses, consequential losses, legal costs or claims otherwise howsoever arising out of, in respect of or as a result of the broadcasting of advertisements or any other broadcasts covered by this agreement, or of the use of THE APPLICANT’S facilities provided by SABC. Should any such claim be made against SABC, it shall be entirely at SABC’s discretion as to whether it admits or denies any such claim, and SABC reserves the right to defend any such claim brought against it and to proceed to the final end and determination thereof and to lodge any appeal or appeals to any court of courts - to which it has the right to do so - and in addition shall have the right to compromise, abandon or settle any claim made against it and to nominate legal representatives and to brief counsel in connection therewith. THE APPLICANT shall be liable for and shall pay all costs, charges and expenses necessary and reasonably incurred by SABC in connection therewith, or otherwise in addition to all sums of money whether for damages, costs, charges, expenses or otherwise which SABC may be ordered to pay to the said plaintiff in the said actions on the advice of its legal representatives and counsel. THE
APPLICANT shall further not be entitled to cede any of it rights in terms of this agreement to any third parties.
5. Proof of Claims
A certificate signed by a manager or any director of SABC reflecting the amount owing by THE APPLICANT to SABC, in respect of the credit facilities granted to THE APPLICANT relating to THE APPLICANT’S dealings with SABC, and of the fact that such amount is due, owing and unpaid shall be prima facie (facevalue) proof of the effects therein stated for the purpose of any action (whether by way of provisional sentence or otherwise), proof of debt on insolvency or for any purpose whatsoever where the amount of such claims is required to be established, and it shall rest with THE APPLICANT to prove that such amount is not owing and/or due and unpaid.
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