Terms and Conditions:
- Specified positions in break:
1.1. Specific break will attract a 10% surcharge.
1.2. Specific position in break will attract a 10% surcharge.
1.3. Specific ad position WITHIN a specified ad break will attract a 15% surcharge.
1.4. Exclusivity in break will attract a 100% surcharge.
- Solus Breaks (subject to availability): 50% surcharge.
- The advertising agency that enters into this contract on behalf of the advertiser shall be liable to SABC TV for payment of any fees in terms of this agreement.
For purposes of interpretation the word “advertiser” appearing hereunder, shall be deemed to include advertising agency.
- The broadcast of spot announcements and the acceptances of the facilities of the advertiser shall be subject to the provisions of the Broadcasting Act of 1999 and any regulations governing the advertising services of SABC TV and amendments thereto now or hereafter in force. As well as any special terms and conditions which may from time to time apply.
- Any fees shown on monthly statements as due to SABC TV in terms hereof, shall be payable before the expiry of the term of payment indicated, calculated from the date of the monthly statement. Should SABC TV at the request of the advertiser or advertising practitioner agree to provide other facilities and/or services, the advertiser shall be obliged to pay in accordance with the same conditions the charge or charges determined from time to time by SABC TV.
- If the advertiser omits, refuses or fails to pay any due amount promptly in accordance with the provisions of this contract or the above mentioned advertising code and regulations. SABC TV shall be entitled, without prejudice to any of the rights it may have. Forthwith to cease further broadcast of advertisements, to deny the advertiser the use or benefit of any other facilities and/or services included in this agreement, to cancel this contract and to recover any outstanding amounts which shall become immediately payable on such omission, refusal or failure.
- In the event of SABC TV omitting for any reason whatsoever to broadcast a spot announcement in terms of this agreement in full, any claim by the advertiser against SABC TV shall be limited to a rebate as prescribed by the above mentioned advertising code and regulations.
- Any rebate claim by an advertiser must be lodged with SABC TV within the payment terms as stipulated on the invoice of a spot announcement. Failure to do so will render the claim null and void.
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 SABC Advertising Policy. Any such rebate claim must be lodged by THE APPLICANT within TWENTY days of date 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.
- The advertiser shall not be entitled to cede any of its rights in terms of this agreement to third parties.
- The advertiser hereby indemnifies and holds SABC TV and its employees harmless against any claims for damages to property or personal injuries, infringement of copyright, defamation, losses, legal costs or claims otherwise howsoever arising out of, in respect of or as a result of the broadcasting of advertisements covered by this agreement of the use of the advertiser of facilities provided by SABC TV. Should any such claim be made against SABC TV, it shall be entirely at the SABC TV’s discretion as to whether it admits or denies any such claim and SABC TV 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, and the advertiser shall be liable for and shall pay all costs, charges and expenses necessary and reasonably incurred by SABC TV in connection therewith, or otherwise in addition to all sums of money whether for damages, costs, charges, expenses or otherwise howsoever which SABC TV may be ordered to pay to the said plaintiff in the said actions on the advice of its legal representative and counsel.
- Commitment contracts must be completed in writing and signed by both parties.
- Although SABC TV will endeavour to ensure that your choice of programmes are available, it is to be understood that no such guarantee is given and that non-availability of your advertising channel/programme of choice shall not constitute a valid defence for not investing the amount committed as per the commitment agreement.
- The cancellation deadline will be strictly adhered to. A 100% cancellation fee will apply for commercials cancelled within the 20 working day period prior to broadcast.
- Broadcast material to be at the SABC no later than 5 working days prior to broadcast.
- i) Application of airtime (existing material) to be confirmed in writing no later than 3 days prior to broadcast.
- ii) Application for airtime (new material) to be confirmed in writing no later than 5 days prior to broadcast.
- SABC Television Sales will not accept responsibility for incorrect fighting’s if flighting codes are revised after the finalisation of logs. This also applies for late additions or cancellations relating to finalised logs.
- Deviations of actual broadcast times from advertised broadcast times of up to 30 minutes shall not constitute a valid defence for compensation or non-payment for commercials flighted within the deviated period.
- SABC Television Sales reserves the right to re-scheduled booked commercials if programmes are cancelled. In such cases the SABC will exercise discretion in re-booking the commercials at a revised rate.
- 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.
- Errors & Omissions Exempted (E & OE)