TERMS AND CONDITIONS FOR AIRTIME CONTRACT

The following Terms and Conditions apply to the Sale of Airtime supplied by Litt Media Corporation Ltd (hereinafter called Litt Media)

Definitions 

In these Terms and Conditions the following words and expression shall have the following meaning:

1.1  in this Agreement the following terms have the following meanings:

1.2  In this Agreement the singular includes the plural and vice versa and any gender includes any other gender.

1.3  The clause heading do not form part of this Agreement and shall not be taken into account in its construction or interpretation.

2. Advertisement
 

2.1 Any Advertisement booked in a particular business type or package cannot be utilised for another business type or package.

2.2 Once this contract has been signed and agreed between Litt Media and the Client, the Airtime will be reserved and booked for the agreed contract Term as listed in annex 1.

2.3 When remote contracts are received by either email, fax, post or booked on our website these will be treated as a signed agreement.

2.4 When a contract is signed on behalf of a Limited Company, Public Limited Company, sole trader, partnership or a firm the signatory of the Client contract will also be deemed to be personally liable and responsible if payment is not made by the Client on the due dates.

The signatory of the Client will be treated as a personal guarantor if the Client is in default of payment. Litt Media will enforce the payment from the personal guarantor.

2.5 Any Airtime purchased by the Client can not be resold or assigned to another party without having obtained written consent from Litt Media’s Chief Executives Office who will in the event the consent is given, register and issue a consent number.

2.6 Litt Media has the right to remove an Advertisement immediately if it is deemed that the Advertisement is unsuitable for broadcast or is unsuitable for Litt Media’s broadcasting standards. Further it will be removed if ordered by OFCOM or any other regulatory body or by an order of the court.  In this event Litt Media will play a generic advert which will consist of business name, address, telephone number and any relevant details which Litt Media has available so that compliance of the Airtime  Agreement continues.

3. Production

3.1 Commercial Production is separate from the Airitme Contract and is chargeable dependent on type of advert required.

3.2 The Client has the option to use Litt Media’s production facilities or to produce their own Commercial from a third party source as the Client may wish. If the Client produces its own commercial the Commercial Production as defined in clause 3.1 above and clause 1.1 will not apply.

3.3 At the request of the Client, Litt Media can suggest companies who can provide production facilities, but take no responsibility or liability of the quality of the material produced.

3.4 If the Client provides their own commercial a £75 + VAT charge is made to upload the advert, review and ensure it complies with Litt Media broadcasting rules and OFCOM rule and regulations. In addition to this Litt Media’s Terms and Conditions will apply simultaneously.

3.5 As the Commercial Production is completely separate to that of the Airtime Contract the Client should provide the commercial to Litt Media 3 days prior to commencement of advertising. If the Client fails to provide a suitable commercial production in time a generic advert consisting of business name, address and telephone number will be broadcasted by Litt Media until a suitable Commercial is provided by the Client. As a favour and a gesture of goodwill Litt Media will play a generic advert charging £75 + VAT to allow the Airtime Contract to commence smoothly as scheduled.

3.6 All material contained within the commercial and the Commercial Production is the responsibility of the Client, including obtaining, maintaining and paying for all necessary licences and consents for the transmission of any material protected by any Intellectual Property or other rights contained in the commercial.  In the event of a claim by a third party the Client will keep Litt Media indemnified for all costs.

3.7 Litt Media reserves all rights (intellectual) and trademarks over Commercial Production on script, tempo, style and voiceovers. The commercial produced by LItt Media remains the property of LItt Media and is only licenced for use on Litt Media network. It can not be used or copied under any circumstances for use on other broadcasting mediums.

3.8 However should the Client wish to purchase the licence which will allow the Client to use the commercial on other media a charge of £500.00 plus VAT per month will be payable to Litt Media.

3.9 Where the Client continues to use the commercial without an appropriate licence on other media the Client will compensate Litt Media and keep Litt Media indemnified for all costs.

4. Cancellation

4.1 If the Client gives notice to cancel the Contract within the first 28 days of signing the Agreement, Litt Media will charge the Client a settlement fee as a gesture of goodwill at 50% of the outstanding Airtime Purchase Costs for unused Airtime  as most of the scheduling work is carried out prior to the Scheduled Advertisement Date. Once Litt Media receives the notice from the Client to cancel the contract, Litt Media will provide the Client with a settlement statement within 3 working days of receiving the notice. The Client must pay this in full within 10 days, failing which; the whole outstanding Airtime Purchase Costs which is due and payable regardless whether Airtime has been used or not.

4.2 Notices for cancellation must be in writing either by email to cancel@littmedia.com or by registered post to Chief Executive Office of Litt Corporation Ltd, Radio House, Bridge Road, Southall, Middlesex, UB2 4AT, quoting the Contract number and business details along with reasons for cancellation.  If for any reason Litt Media needs to cancel the contract Litt Media will notify the Client of the same via email and by registered post to the address given by the Client in this Agreement.

4.3. After 28 days of signing this Agreement the Contract cannot be cancelled under any circumstances.

5. Payments

5.1If the Client is experiencing short term cashflow problems, it must inform Litt Media in writing immediately upon recognising this problem in which Litt Media will try to help the Client during this period. The Client must put any concerns in writing either by email to accounts@littmedia.com or by registered post to Chief Executive Office of Litt Corporation Ltd, Radio House, Bridge Road, Southall, Middlesex, UB2 4AT

5.2 All Airtime Contracts must be accompanied with a payment i.e. Cheque, Credit Card, Standing Order, Bank transfer.

5.3 Credit is only available to approved credit account holders or government agencies with a valid purchase order. An application can be made to open an the account with Litt Media. Application forms for opening an account with Litt Media is available on the following website at www.littmedia.com or alternatively calls sales office on 020 8574 7777. If the Client is an approved credit account holder we will issue pro-forma invoices. Automatic VAT invoice will be issued once pro-forma invoice is paid in full.  

5.4 When Litt Media receives payment the money is always allocated to oldest outstanding invoice on the Client account.

5.5 The existence of a query on any item in an invoice or proforma shall not affect the date of which the payment is due. Payment should be made and forthcoming.

5.6 If any amount outstanding on a proforma invoice or VAT invoice is not paid in full by the date the payment is due, interest will be payable on the outstanding amount at a rate of 2% per month accumulated.

5.7 The Client must notify Litt Media of any query within the first 10 days of the date of invoice or proforma.  Invoices or proformas may not be queried after this time. All queries in relation to payment must be in writing either by email to accounts@littmedia.com or by registered post to Chief Executive Office of Litt Corporation Ltd, Radio House, Bridge Road, Southall, Middlesex, UB2 4AT. All queries received will be resolved by Litt Media within 48 hours of notification.

5.8 When the Client fails to abide by the agreed schedule of payments and where packages are not completed the Client shall become liable for the Airtime broadcast at the normal rate prior to any discount package offers.  Combined packages on the network will be charged at the normal network rates prior to any discount special offers. The entire amount outstanding shall become due for payment immediately.

5.9 Litt Media will levy a charge on the Client for any dishonoured payments such as returned cheques, failed standing orders etc at a rate of £50 +VAT per refused payment  plus any other administrative costs Litt Media may incur as a result of the dishonoured payment.

5.10 If payment is not received by the due date Litt Media reserves the right to charge an additional fee of £10 + VAT for any reminder that Litt Media may issue whether in writing or by phone.

5.11 If for any reason, the Client has not paid within the credit facility period, and the outstanding proforma or invoice is overdue by 14 days the Client’s account and details may be passed on to Litt Media’s credit control or an external collection agency and the Clients local sales representative will no longer have any further control of the account. At this point the Advertisement will be put on hold and will only resume once payment has been received in full. Whilst the Advertisement is on hold, the Client will continue to be charged for the default period as though the Advertisement had taken place.  In addition this may affect the Clients credit rating and any credit facilities provided by Litt Media may be cancelled along with the entire Airtime Purchase Cost value being invoiced due for payment immediately.

5.12 If payment remains outstanding for 14 days after the date on which the invoice was issued, Litt Media reserves the right to visit the Client’s premises or authorise outside agencies and collect any outstanding monies. If such a visit is necessary to recover any outstanding fees an additional charge of £150 + VAT will be payable by the Client. Litt Media does not accept payment other than bank transfer, credit card or cheque. If the Client wishes to pay in cash it must attend the offices of Litt Media where a receipt upon payment will be given.

5.13 Payment made by credit card will incur a surcharge of 2.5% on the amount collected.

5.14 In the event of litigation, the Client will be responsible for the administrative costs, legal fees and interest if the court finds in favour Litt Media. 

6.  Changes of Rates and Conditions

6.1 Litt Media reserves the right to change the Airtime rates, time segments, classifications or any of these terms and conditions by giving not less than 28 days notice to the Client 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 Client shall, by serving written notice on Litt Media within l0 days of receiving notice of such change, be entitled to cancel the contract to which the changes notified would otherwise be applicable. Any changes in rates will not affect the agreed Airtime Purchase Cost. The agreed contractual Airtime Purchase Cost will be honoured at all times.

Indemnity

The Client shall indemnify Litt Media against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision the legal costs of Litt Media on a solicitor and own client basis), awards and damages however arising directly or indirectly as a result of the negligence of the Client or any breach or non-performance by the Client or any of the Clients undertakings, warranties or obligations under this Agreement.

7. Invalidity 

The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.

8. No partnership

This Agreement shall not create any partnership or joint venture between the parties to this Agreement and neither party shall be entitled to represent or hold itself out in any way as acting on the other's behalf.

9. Force Majeure

9.1 Litt Media shall have no liability to the Client if it is prevented, hindered or delayed in carrying out any of its obligations under the Agreement by any law or regulatory order, rule or regulation or by any other act or thing beyond Litt Media control (including but not limited to strike, lock-out, malicious damage, breakdown of plant, software or machinery, accident, fire or flood or death of royalty).

9.2 Litt Media may (without any right of the client to bring a claim against Litt Media) extend the time period for performance of the Agreement to take account of such force majeure or terminate the Agreement with immediate effect by written notice. If the force majeure continues for more than one month, Litt Media may terminate the Agreement with immediate effect by written notice. For the avoidance of doubt, any such termination shall be without prejudice to Litt Media right to be paid any accrued amounts as at the date of termination.

10. VAT

10.1 Standard VAT will be charges at the prevailing rate at the tax point.

11. Confidentiality

The Agency shall treat as strictly confidential all information by or disclosed to the other in relation to this Agreement, the commercial and/or the other party and shall not disclose or make public to any party other than to their professional advisers or as may be required by law or as may be agreed between the parties the whole or any part of such information and shall not make use of any such information in any way which might be detrimental to the business interests or business of the other party.

12. Entire agreement

This Agreement contains the entire understanding between the parties in relation to the subject matter of it and may not be varied except by agreement in writing between the parties.

13. Rights of third parties

A person who is not a party with the Client and Litt Media may not rely upon or enforce any rights pursuant to the Contracts (Rights of Third Parties) Act 1999.

14. Governing law

This Agreement shall be governed and construed in accordance with the laws of England and the courts of England & Wales shall have sole and exclusive jurisdiction over any and all disputes arising hereunder.