1. Fresh Broadcasters Incorporated (Fresh) operates as Fresh 92.7 Adelaide, broadcasting on 92.7 MHz in the Adelaide area.
2. Pursuant to the Broadcasting Services Act (and Regulations), up to 5 minutes per hour may be allocated for the broadcast of sponsorship messages on air.
3. A person (Sponsor), whether natural or corporate, may pay Fresh to have one or more sponsorship messages broadcast transmitted or published by Fresh.
4. Fresh, in its absolute discretion, may amend or vary these terms and conditions at any time by notification to the Sponsor (or the Sponsor’s Agent). The amended or varied terms and conditions will apply to any new bookings made by the Sponsor (or the Sponsor’s Agent), and sponsorship messages booked but yet to be broadcasted transmitted or published from 7 days after receipt of notice by the Sponsor (or the Sponsor’s Agent).
5. Amendments or variations to these terms and conditions may only be authorised by the Sales & Marketing Manager or the Station Manager of Fresh.
6. All sponsorship messages booked must be paid for in full at least 48 hours prior to broadcast, unless otherwise agreed to in writing by or separate written agreement (for example Sponsors with an approved credit account) authorised by the Sales & Marketing Manager or the Station Manager of Fresh.
7. Sponsors with an approved Credit Account must pay invoices issued by Fresh in full before the expiration of 14 days from the date of invoice. Failure to do so may result in the termination by Fresh in its absolute discretion of any agreement the Sponsor has with Fresh.
8. A Sponsor is liable to pay any relevant fee as outlined in these Terms and Conditions and specified by the Sponsorship Package and the Credit Account (if applicable) and to comply with any terms and conditions outlined in these Terms and Conditions Sponsorship Package and Credit Account.
9. Fresh in its absolute discretion reserves the right to charge a Sponsor fees in relation to or in connection with sponsorship messages, including but not limited to:
9.1 a broadcast fee with respect to sponsorship messages (to be) broadcasted by Fresh;
9.2 a production fee with respect to sponsorship messages (to be) produced by Fresh;
9.3 a copy writing fee with respect to copy (to be) written for a Sponsor by Fresh;
9.4 a dishonoured payment fee with respect to any purported payments made by a Sponsor but dishonoured by a relevant financial institution and charged to Fresh;
9.5 a credit card fee with respect to any payments made by a Sponsor using a Credit Card;
9.6 an amending production fee with respect to sponsorship messages (to be) amended by Fresh;
9.7 an amending spot fee with respect to sponsorship messages (to be) removed from or (to be) moved in the on air broadcast schedule by Fresh;
9.8 a premium fee with respect to sponsorship messages requested by a Sponsor (or Sponsor’s Agent) (to be) broadcasted at a specific time by Fresh;
9.9 a cancellation fee with respect to sponsorship messages (to be) cancelled by Fresh;
9.10 an administration fee with respect to sponsorship messages which require administration by Fresh, including but not limited to those sponsorship messages to be sent via text message or published on a Fresh website.
10. It is acknowledged by the Sponsor that all prices quoted by Fresh are inclusive of Goods and Services Tax (GST).
11. A Sponsor is liable to comply with any deadline as outlined in these Terms and Conditions and specified by the Sponsorship Package.
Cancellation and Termination
12. Any cancellation requires 14 days’ notice prior to the date of the broadcast transmission or publication of that sponsorship message.
13. In the event that a Sponsor does any of the following:
13.1 fails to pay any amount (including fees);
13.2 fails to meet any deadline;
13.3 fails to perform any obligation of this or any other agreement with Fresh;
13.4 breaches a term of this or any other agreement with Fresh;
13.5 becomes bankrupt or insolvent,
then Fresh in its absolute discretion may:
13.6 terminate any agreement whatsoever between Fresh and the Sponsor
13.7 require (and a Sponsor is obligated to make) immediate payment of all monies owing to Fresh;
13.8 suspend any Credit Account extended to the Sponsor (or the Sponsor’s Agent);
13.9 require (and a Sponsor is obligated to make) immediate payment of legal and other associated costs of recovery;
13.10 cease or refuse broadcast, transmission or publication in any form of the Sponsor’s sponsorship messages without any liability whatsoever.
14. Fresh in its absolute discretion reserves the right to:
14.1 reject a sponsorship message;
14.2 amend the broadcast, transmission or publication schedule of a sponsorship message;
14.3 require a sponsorship message be of a standard satisfactory to Fresh;
14.4 require a sponsorship message be of a length satisfactory to Fresh;
14.5 not permit the broadcast transmission or publication of any sponsorship message on any other radio station, television station or website.
Compliance, Indemnity and Undertakings
15. A sponsorship message created, supplied, approved or contributed to in any way whatsoever by a Sponsor (and their respective employees, agents, contractors or representatives) is to comply with all relevant laws, regulations, standards and codes (including but not limited to CBAA Codes of Conduct) and not infringe or breach any other legal, equitable or other rights of any person (including corporation) firm or entity.
16. Further to clause 15, a sponsorship message created, supplied, approved or contributed by the Sponsor (and their respective employees, agents, contractors or representatives) is not to contain any music or audio samples that would infringe or breach any legal, equitable or other rights of any person (including corporation), firm or entity, and all relevant permissions and consents must be obtained.
17. An on air sponsorship message is required to be tagged (e.g. “Fresh Sponsor”) with a reference to the fact that the person who made the payment is a sponsor of Fresh, and it will be presumed that the payee is the Sponsor unless Fresh is notified otherwise by the payee.
18. The person who makes the payment on behalf of the Sponsor will be duly authorised to make the payment on behalf of the Sponsor, and accordingly Fresh is entitled to rely on that authorisation.
19. A Sponsor agrees not to permit another person to misrepresent to Fresh that the person is an employee, agent, contractor or representative of the Sponsor such that the person receives or seeks to receive any benefit afforded to the Sponsor by Fresh.
20. A Sponsor will indemnify and keep Fresh indemnified (and its employees, agents, members, volunteers, contractors and representatives) against all claims, demands, proceedings, damages, costs, expenses, losses or any other liability whatsoever arising wholly or partly directly or indirectly in connection with the broadcast transmission or publication of any sponsorship material submitted or expressly or impliedly approved by the Sponsor, including but not limited to, any breach of any law, regulation, standard, code or any other legal, equitable or other rights of any person (including corporation), firm or entity.
21. All intellectual property, including but not limited to, copyright in the audio transcript copy music proposals written and produced by Fresh (and its employees, agents, members, volunteers, contractors and representatives) is owned by Fresh, except where otherwise agreed to in writing.
22. All intellectual property, including but not limited to, copyright in the audio transcript copy music proposals written and produced by a person other than Fresh is owned by that person.
Usage of Third Parties
23. The costs payable by a Sponsor to a third party associated with the provision of a service incidental or related to a sponsorship message (or parts thereof) and likewise any issue regarding intellectual property rights incidental or related thereto is external to these terms and conditions and is to be subject to a separate agreement directly between the Sponsor and the third party.
24. Should a Sponsor request a specific service incidental to or related to a sponsorship message be supplied by a Fresh employee, member or volunteer (for example a request that a specific employee/ member/ volunteer voices a given sponsorship message), then this will be subject to a separate agreement between the Sponsor and that employee, member or volunteer, and to be arranged directly between the Sponsor and the employee, member or volunteer.
Logo and Endorsement
25. The agreement to broadcast transmit or publish or the broadcast transmission or publication of a Sponsor’s sponsorship message does not give a right to a Sponsor to use or permit another to use any logo or other trade mark or identifying image owned or referrable to Fresh (including but not limited to a programme name or promotion) or convey an endorsement by Fresh without the express written consent of Fresh by separate written agreement (which consent Fresh may withhold in its absolute discretion).
Confidentiality of Proposals
26. All proposals discussed and/or agreed to between the Sponsor (or the Sponsor’s Agent) and Fresh shall remain confidential except when made public by virtue of the processes associated with broadcast transmission or publication of the relevant sponsorship message.
Interrelationship between Terms and Conditions, Authority to Broadcast and Sponsorship Package
27. The fees deadlines and any calculations as to any fees referred to in Clause 9 shall be set out in the Sponsorship Package, except where otherwise agreed to in writing
28. Upon and after agreeing to these Terms & and Conditions a Sponsor may complete an Authority to Broadcast in the format determined acceptable by Fresh to arrange and effect a Sponsorship Message being broadcast transmitted or published.
Governing Law and Interpretation
29. The Sponsor agrees that these Terms and Conditions shall be interpreted and construed according to the laws of the State of South Australia and the Sponsor agrees to the exclusive jurisdiction of a court of competent jurisdiction in South Australia regarding any proceedings arising out of these Terms and Conditions.
30. A reference to a sponsorship message includes a message for on-air transmission, transmission by text message or publication on any relevant Fresh website.
31. Any costs (including but not limited to legal process server or agents costs) associated with the recovery and/or enforcement of fees shall be payable to Fresh by the Sponsor in full at whatever rate charged to and incurred by Fresh and shall not be limited to the applicable rate as outlined in any relevant court schedule.
32. The Sponsor shall at all times keep Fresh informed of any change in its particulars including with reference to its physical address, address for service and correspondence and those persons authorised to act on the Sponsor’s behalf.