Ad Terms
Bournemouth One Advertising Terms and Conditions
1. Parties
Bournemouth One is the trading name of The Best Songs on the Radio Ltd, a company registered in England and Wales under company number 13381590 (“Bournemouth One”, “we”, “us” or “our”).
These Terms and Conditions form the agreement between Bournemouth One and the person, business or organisation to whom the accompanying advertising proposal is addressed (“the Client”, “you” or “your”).
The proposal, together with these Terms and Conditions, forms the entire agreement between Bournemouth One and the Client in relation to the advertising, sponsorship, promotional or publishing services specified.
2. Campaign Dates and Materials
The advertising campaign start date and end date will be agreed in advance and confirmed in the proposal, booking confirmation or invoice.
The Client agrees to provide Bournemouth One with all information, approvals, branding, scripts, content, images and other materials reasonably required to create and deliver the campaign in sufficient time to meet the agreed campaign dates.
Where Bournemouth One is producing advertising audio, scripts, social media content or other promotional materials, the Client will work promptly and reasonably with Bournemouth One during the production and approval process.
Bournemouth One cannot be held responsible for delays to a campaign caused by late, incomplete or inaccurate materials, instructions or approvals supplied by the Client.
3. Delivery of Advertising
Bournemouth One will broadcast, publish or post the agreed quantity of advertising slots, sponsorship credits, social media posts, website content or other promotional activity described in the proposal.
Where an agreed advertising slot, post or other item is missed, Bournemouth One will provide an equivalent replacement during the campaign period where reasonably possible, or after the campaign has ended.
No refund will be due in respect of missed advertising slots or promotional activity that Bournemouth One replaces in accordance with this clause.
Bournemouth One may make reasonable changes to the timing, placement or scheduling of advertising where necessary for programming, operational, technical, legal or editorial reasons.
4. Content Standards and Client Warranties
The Client is responsible for ensuring that all information, claims, offers, prices, promotions, products and services supplied for use in advertising are accurate, lawful, decent, honest and truthful.
The Client confirms that it has all necessary rights, permissions, licences and consents to use any material supplied to Bournemouth One, including logos, music, photographs, video, trademarks and third-party content.
Bournemouth One reserves the right to refuse, remove, amend or suspend any advertising material which, in its reasonable opinion, may breach applicable law, advertising standards, platform rules, broadcasting requirements or Bournemouth One’s editorial standards.
[The Client will indemnify Bournemouth One against losses, costs, claims or liabilities arising from inaccurate, unlawful or unauthorised material supplied by the Client.]
5. Intellectual Property
All audio, scripts, advertising copy, graphics, social media content, video, website content and other promotional materials created by Bournemouth One for the Client remain the copyright and intellectual property of The Best Songs on the Radio Ltd unless otherwise agreed in writing.
The Client is granted an exclusive licence to use those materials solely within Bournemouth One’s broadcasting and publishing environment for the duration of the agreed campaign.
The Client may not use, reproduce, edit, distribute, broadcast or publish Bournemouth One-created materials through other radio stations, media outlets, websites, social media channels, advertising platforms or other environments without Bournemouth One’s prior written consent.
Any wider usage, transfer of ownership or licence for use outside Bournemouth One’s platforms may be agreed separately in writing and may be subject to an additional fee.
6. Payment
Initial payment must be received before the commencement of any radio advertising, sponsorship or promotional activity.
Unless otherwise agreed in writing, the Client will set up payment by Direct Debit for monthly payments. A Direct Debit instruction can be created using the link provided in the first invoice issued through Bournemouth One’s invoicing provider, Xero.
Invoices must be paid by the due date shown on the invoice.
[Bournemouth One reserves the right to pause or cancel advertising activity where an invoice remains unpaid after its due date. The Client will remain liable for all sums due under the agreement.]
[All prices are exclusive of VAT unless expressly stated otherwise.]
7. Contract Length and Cancellation
This agreement will run for a period of 12 months from the agreed campaign start date, unless the proposal specifically confirms that it is a short-term promotion or a different contract period applies.
Either party may request cancellation after the first three months where both parties mutually agree that the advertising campaign is not generating the expected results.
Any cancellation must be confirmed in writing by both Bournemouth One and the Client. Until written agreement is reached, the Client remains responsible for all payments due under the agreed campaign.
[Bournemouth One may terminate this agreement immediately where the Client materially breaches these Terms and Conditions, fails to make payment, becomes insolvent, or provides advertising material that Bournemouth One reasonably considers unlawful or inappropriate.]
8. Platforms and Reach
Bournemouth One’s broadcast platforms, distribution arrangements, technology and availability may change before or during a booked campaign.
The Client acknowledges that its booking is based on Bournemouth One’s online reach. Any availability on DAB, FM, smart speakers, apps, social platforms, websites, third-party platforms or other broadcast and publishing channels is included at no additional charge unless expressly stated otherwise in the proposal.
Bournemouth One does not guarantee a particular audience size, listener figure, sales result, enquiry level, website traffic level or commercial outcome from any advertising campaign.
9. Liability
Bournemouth One will use reasonable care and skill in providing the agreed services.
To the maximum extent permitted by law, Bournemouth One’s total liability arising from the agreement will not exceed the total fees paid or payable by the Client for the affected campaign period.
Bournemouth One will not be liable for indirect or consequential losses, including loss of profit, loss of business, loss of goodwill, loss of anticipated savings or missed commercial opportunities.
Nothing in these Terms and Conditions excludes or limits liability where it cannot lawfully be excluded or limited.
10. Confidentiality
Both parties will keep confidential any non-public commercial, financial or campaign information received from the other party in connection with this agreement, except where disclosure is required by law or necessary to deliver the agreed services.
11. Data Protection
Where Bournemouth One processes personal data on behalf of the Client, both parties will comply with applicable data protection law.
[The Client must ensure that any personal data supplied to Bournemouth One has been collected and shared lawfully, including where it is used for competitions, lead generation, mailing lists or promotional activity.]
12. General
Any variation to these Terms and Conditions must be agreed in writing by Bournemouth One.
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue in full force.
These Terms and Conditions are governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction over any dispute.
These Terms and Conditions are available at bournemouthone.com/adterms.
By approving the proposal, confirming a booking, instructing Bournemouth One to begin work, or making payment, the Client confirms that it accepts these Terms and Conditions.
The most useful additions are the content warranty/indemnity, late-payment suspension right, no-guarantee-of-results clause, VAT wording, liability cap, and a clear right to reject unsuitable advertising.
