PHILFREE RADIO – OUR TERMS AND CONTITIONS.
These ‘Terms and Conditions’ give information to people accessing or using ‘Philfree Radio’ Online Site. Read this carefully because it sets out the terms of a legally binding agreement between you and ‘Philfree Media Network’, which operates ‘Philfree Radio’.
Agreement
1. Any Booking placed by Client with the Broadcaster shall constitute an offer by Client to acquire Services and the Broadcast Agreement attached to this document or any variation thereof constitutes the Broadcaster’s acceptance of that offer on the terms set out in these Standard Terms and Conditions and in the Broadcast Agreement.
Payment and Credit
2. Client will be charged for the provision of Services at the rates set out in the Broadcast Agreement
3. If Client has a credit account with the Broadcaster, Client will be provided an invoice on a monthly basis for the value of Services provided during the preceding month and Client must pay the amount invoiced in accordance with the terms of that invoice and in any event, no later than 30 days from the date of that invoice. The Broadcaster may, in writing, offer extended payment terms to Clients that are approved advertising agencies. Extended payment terms may be revoked if the Client at any time does not comply with the terms of credit or payment terms. The Broadcaster may charge an additional administration fee for payments made by Credit Card.
4. If Broadcaster’s invoice is not paid when due, the Broadcaster may, in its discretion and without limiting its other rights: (a) charge interest on the unpaid amount at the rate charged by PHILFREE RADIO at a percentage rate of 5% or the rate charged by our Bankers until such amount is paid; and we would suspend publication or broadcast of any advertising material lodged by Client until such time as all outstanding payments are received by the Broadcaster, including legal costs for debt recovery incurred by the Broadcaster in recovering any outstanding monies.
It is generally expected that pre-payments or advancement payments would be made before services are rendered to clients. However, where we allow services before payments based on contractual terms and the client defaults in payment, we would cease to provide, or impose conditions on the provision of credit to the Client and require pre-payment for any subsequent Booking.
Conditions on Provision of Services
5. The Broadcaster: (a) reserves the right to refuse to accept for advertisement or publication or to publish or to withdraw any advertising material for any reason.
6. Client acknowledges and agrees that: (a) scheduling of programming and advertising by the Broadcaster is subject to unforeseen changes and the Broadcaster may reschedule advertisements at any time in its absolute discretion and due to FORCE MAJEURE (any Act of God, unforeseeable circumstances that prevent the Broadcaster from fulfilling a contract such as heavy downpour, flooding, earthquake etc.) ; (b) Services may be subject to interruption due to national or international events that are binding on the Broadcaster, and which are global, (c) Client may only cancel, vary or reschedule a Booking with written notice and the Broadcaster will Delete and Charge or Play and Charge (in its absolute discretion) Bookings where this notice is not given and Client agrees to be liable for such charges; and (d) The Broadcaster does not guarantee the success of any advertising or promotional campaign booked pursuant to the Broadcast Agreement and no recourse will be available as against the Broadcaster or any of its employees, agents or representatives for failure of advertising booked by Client to achieve the desired results.
7. All copyright and other intellectual property rights created by the provision of Services by the Broadcaster shall be the property of the Broadcaster, by way of present and future assignment. Client must lodge advertising material in accordance with this clause and any lodgment requirements specified by the Broadcaster from time to time. If the Client fails to comply with this clause with respect to a Booking, the Broadcaster is under no obligation to perform the Services. Broadcaster will Delete and Charge or Play and Charge (in its absolute discretion) for advertising material that is not lodged in accordance with this clause and Client agrees that it will be liable for such charges.
Warranties
8. Client warrants that advertising material and other information provided to the Broadcaster by Client: (a) complies with all laws, statutes, regulations, codes of practice and any standards determined by any relevant regulatory agency or industry self-regulatory body applicable to Services; (b) complies with any standard or requirement specified by the Broadcaster and notified to the Client from time to time; (c) does not infringe copyright, trademark or other legal rights of any person;
(d) is not false or misleading and is true in substance and in fact; (e) does not infringe the Ghanaian Media and Information Technology as well as the National Communication Authority Laws; and (f) does not contain anything which may give rise to any cause of action by a third party against the Broadcaster, including without limitation material which is misleading and deceptive or defamatory or obscene or which infringes any right of privacy or personality or which otherwise causes injury or damage to any person. Client further warrants it is responsible for obtaining and must obtain all consents, approvals or permissions for the publication or broadcast of all advertisements on its behalf by Broadcaster, whether required by law or otherwise.
Indemnities
9. Client indemnifies and will keep indemnified the Broadcaster against any action, claim, loss or expense arising from the Services or any breach by Client of the warranties in clause 8 of these Terms and Conditions or other clause of the Broadcast Agreement.
Liability
10. To the extent permitted by law, the Broadcaster has no liability to Client whether in contract, tort or otherwise for any loss, cost, claim or damage (including without limitation for or in respect of any consequential, special or indirect liability and loss of profits, opportunity, revenue or data) arising from: (a) the provision of the Services by the Broadcaster; (b) any action taken by the Broadcaster in accordance with some clauses in this Terms and Conditions agreement (c) any breach of the Broadcast Agreement.
11. To the extent permitted by law, all implied representations, conditions or warranties by the Broadcaster, whether based in statute, common law or otherwise, are excluded.
12. Any liability of the Broadcaster not excluded by clauses in this Terms and Conditions above is limited, at the Broadcaster’s option, to the supply of any service again or the payment for the cost of having any service supplied again.
Termination
13. Either party may terminate the Broadcast Agreement: (a) without penalty upon the provision of 28 days’ written notice; or (b) immediately upon the provision of notice where the other party has breached a material term of the Broadcast Agreement (including these Standard Terms and Conditions); or (c) immediately upon the provision of notice if the other Party is deemed Insolvent or ceases or threatens to cease to carry on business.
Agency
14. Each person constituting the Client will be jointly and severally liable as principal debtor for payment of amounts invoiced by the Broadcaster. Client warrants that it has full authority in all matters connected with the entering into and performance of the Broadcast Agreement with the Broadcaster.
Miscellaneous
15. The Broadcast Agreement between the Broadcaster and Client will be governed by the laws in force in Ghana and each party submits to the jurisdiction of courts exercising jurisdiction in the State – where Services are provided (or where the Services are provided in more than one State or Territory, that State or Territory selected by the Broadcaster in its sole discretion).
16. If the Broadcaster is prevented or delayed in the performance of any of its obligations by a force majeure event being an event beyond its control, it shall be excused from the performance or the punctual performance as the case may be for so long as such event shall continue.
17. The terms and conditions of the agreement concluded between Client and Broadcaster are set out exhaustively in these Terms and Conditions and in the attached Broadcast Agreement or any variation thereof and comprise the entire agreement of the parties. The Broadcast Agreement and these Terms and Conditions supersede and exclude any prior representations, negotiations, arrangements, understandings, communications or agreements between Client and Broadcaster relating to the subject matter of the Broadcast Agreement. The Broadcast Agreement and these Standard Terms and Conditions can only be varied by agreement in writing by both parties, or in the case of the Broadcaster varying these Standard Terms and Conditions, by it giving notice in writing.
18. A waiver of any right, power or remedy under the Broadcast Agreement and these Terms and Conditions must be in writing signed by the party granting it. The fact that a party fails to do, or delays in doing, something the party is entitled to do under the Broadcast Agreement and Terms and Conditions does not amount to a waiver.
19. Each provision of this document is individually severable. If any provision is or becomes illegal, unenforceable, void or invalid in any jurisdiction it is to either: (a) be treated as being severed from this Agreement in the relevant jurisdiction, but the rest of this document, and the legality, validity and enforceability of the provision in any other jurisdiction, will not be affected; or (b) be read down to the extent necessary to make it valid and enforceable in the relevant jurisdiction.
20. The Broadcaster collects and shares the personal information of the Client and any individuals associated with the Client in accordance with the Broadcaster’s privacy policy available on its website (as updated from time to time).
