So you’re a smart businessperson. We know that because you listen to the very best African orientated online radio station going. You’re looking for a cost effective way to promote your business, your event, your services but don’t want to throw your limited funds away on old fashioned adverts in newspapers, magazines or pay-per-click sinkholes on the internet. You want to reach out to like-minded, successful Africans, people JUST LIKE YOU.
Well…..guess what…..they’re here right now, like you, listening to Hii5 Radio.
Because we’re a voluntary project, we don’t have hungry shareholders’ pockets to satisfy – so our advertising rates are super competitive. We work with you to produce an advert that fits your budget.
And…when you advertise on Hii5 Radio- not only are you reaching out to thousands of professional, successful Africans all over the world, but you’re also supporting this worthwhile cause.
It’s a win-win situation.
Reach out to us today via the ‘Contact’ sub-menu to learn more about how you can boost your sales, boost audience awareness of your product – through the power of Hii5 Radio.
Hii5 Radio Advertising Terms & Conditions
In these terms and conditions (unless the context otherwise requires) the following expressions shall have the following meanings: (a) “The Project” means African FM. (b) “The Advertiser” means the person, firm or company contracting for the services of the Project. © “Agreement” shall mean the form of engagement between the Project and the Advertiser together with these terms and conditions.
2 CONSTRUCTION OF THE CONTRACT
(a) On signing the Agreement the Advertiser agrees to be bound by these terms and conditions. Subject to clause 16, the Agreement can only be modified by a written instrument signed by both parties. (b) In the event of any conflict between the Agreement and these terms and conditions, these terms and conditions shall prevail. © These terms and conditions shall continue to apply as between the Advertiser and the Project where the Project is instructed by the Advertiser to carry out further services for the Advertiser and no new Agreement is completed and/or signed by the Advertiser.
(a) Placement of Advertising All placement of advertising with radio stations shall be subject to the commission and other charges set out in the Agreement. (b) Production and Research All production and research costs will be charged to the Advertiser at the cost set out in the Agreement. © Out of Pocket Expenses. The Advertiser agrees to reimburse to the Project any normal out of pocket expenses incurred by the Project in the production of the advertisement. These expenses include, but shall not be limited to, transportation and travel by the Project personnel on behalf of the Advertiser, telephone calls and faxes, messenger and freight services fees. (d) Fee The Project’s fee will be as per the Agreement.
4 TERMS OF PAYMENT
Invoices are due for payment in advance of commencement of a) production of any advert or b) commencement of broadcast of any audio advert.
5 ADVERTISERS WARRANTIES
The Advertiser warrants and undertakes that: (a) The facts given about its products or services shall be accurate and in no way misleading. (b) The Advertiser is the legal and beneficial owner of all contributions made by the Advertiser to the advertisement and/or has obtained all the necessary licenses, release or consents and the use of any such contributions shall not infringe the copyright or any other rights of any person, firm or company. © The Project shall not be required to include in the advertisement any matter which is an infringement of copyright of any other third party or is defamatory or is obscene or will expose the Project to criminal or civil proceedings. (d) The Project shall be fully indemnified by the Advertiser from and against all actions, proceedings, claims, demands and costs (including legal costs of the Project and a solicitor and own client basis) awards and damages arising out of any breach by the Advertiser of its warranties hereunder.
6 PROFESSIONAL RULES AND CODES OF CONDUCT
(a) In the performance of this Agreement the Project shall observe the British Code of Advertising Practice, the ITC Code of Advertising Standards and Practice for Radio and Television, the Radio Authority’s Code and other codes of advertising standards laid down voluntarily within the advertising industry to ensure that all the advertising prepared by the Company is legal, decent and truthful PROVIDED ALWAYS that nothing in this clause shall render the Project liable to the Advertiser in respect of the breach of any such code. (b) The Advertiser shall inform the Project without delay if the Advertiser considers any claim or trade description in any advertisement, publicity or promotional material submitted by the Project to the Advertiser is false, or misleading or in any manner likely to be actionable at law in relation to the product or services which is the subject of the advertising.
Subject to the provisions of clause 15, 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 scheduled broadcast date. Any expenses incurred by the Project and paid for by the Advertiser in the production of an audio advert prior to date of any cancellation are non-refundable.
8 NO LIABILITY
(a)The Project shall not be liable to the Advertiser under any circumstances in respect of any claim for any loss of profits or other indirect consequences, whether arising from negligence, breach of contract or howsoever. (b) The Project shall not be liable for any delay in, or omission of transmission or any error in any advertisement or publicity or promotional material prepared by the Project in the absence of any act, default or negligence on the part of the Project which may have caused the same. © If the Advertiser should cancel an advertisement or a number of advertisements giving insufficient notice to avoid liability to the radio station or stations, as set out in clause 8, the Advertiser shall be liable to indemnify the Project against all costs incurred.
(a) Subject to 10(b) the entire copyright, intellectual property right, moral right and all other rights, title and interest in and to the product or the services of the Project made under this Agreement shall vest and be the absolute property of the Project throughout the world for the full period of copyright and the extensions or renewals. (b) The Project’s rights pursuant to 10(a) above shall be subject to any rights of any nature (including but not limited to copyright and moral rights) in and to any of the product or the services which shall vest in and/or may be retained by the Advertiser or any third party rendering or making goods, materials, services or rights in connection with or otherwise engaged in or contributing in any way to the production of such work. © It is the Advertiser’s responsibility to ensure that: (i) all material supplied by the Advertiser to be incorporated in any advertisement does not infringe the copyright or any other rights of any third party, and (ii) where the copyright is not owned by the Advertiser a licence to use the relevant material has been obtained and (iii) all necessary consents and releases in relation to such material have been obtained.
10 FORCE MAJEURE
In the event that the Agreement cannot be performed or its obligation fulfilled for any reason beyond the reasonable control of either party including war, industrial action, floods, act of God then such non-performance or failure to fulfil its obligations shall be deemed not to be a breach of the Agreement. In the event that the Agreement cannot be performed or its obligations fulfilled for any reason beyond either party’s reasonable control for a continuous period of three months then either party may, at its discretion, terminate the Agreement by notice in writing at the end of that period.
The Project shall be entitled by 14 days written notice to the Advertiser to determinate or suspend the Agreement if the Project shall have been prevented from performing the services by injury, mental or physical disability or otherwise and the Advertiser shall have no claim against the Project whatsoever in respect of any such suspension or determination.
Notices under these terms and conditions may be sent by first class post to the address of the other party and shall be deemed to have been served within 48 hours after posting, subject to proof of posting.
If any provision of these terms and conditions shall be prohibited by or adjudged by a Court to be unlawful or unenforceable such provision shall to the extent required be severed from these terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions of these terms and conditions and shall not in any way affect any other circumstances of the validity or enforcement of these terms and conditions.
14 CHANGES OF TERMS & CONDITIONS
The Project reserves the right to change any of these terms & conditions by not less than 28 days notice, and in the event of such a change the terms & conditions applicable shall be those in force at the time of broadcast, but the Advertiser shall by serving written notice on the Project within 10 days of receiving notice of such change, be entitled to cancel any order for an Advertisement to which the changed terms & conditions would otherwise apply.
No failure or delay on the part of any of the parties to the Agreement shall constitute a waiver of the right to exercise any right, power, privilege or remedy under these terms and conditions.
16 NO PARTNERSHIP
The Agreement shall not be deemed to constitute a partnership, or joint venture or contract of employment between the parties.
17 GOVERNING LAW
These terms and conditions shall be governed by and construed in accordance with the Law of England and Wales the Courts of which shall be competent jurisdiction. Nothing herein shall be taken to imply that any further service shall be required to be performed by the Company hereafter