(1) Unless the context otherwise requires: "the Company" shall mean OFM, "the debtor" shall mean the advertising client and/or signatory, such to be authorised to do so, that is applying for credit on such document.
(2) The signatory agrees to be held personally liable for payment of the contract should it transpire that she/he is not duly authorised to sign said contract.
(3) If the client provides the audio or broadcast material, the client undertakes to deliver it to OFM at least two working days before the date of first broadcast.
(4) If recording of the audio or broadcast material has to be arranged by an OFM Account Executive, either at the OFM production studios or any other studio, it is the client's responsibility to approve the recording and to formally sign it off for broadcasting. Where existing audio or broadcast material has to be replaced with new material, the new material will only be broadcast once formally signed off by the client. OFM will regard the audio or broadcast material most recently signed off, as the correct material for broadcasting. The airing of all advertisements are subject to the provisions of the Broadcasting Act No. 4 of 1999 and the current Advertising Code and Regulations as per the Broadcasting Complaints Commission of South Africa (BCCSA).
(5) Any agreement that varies from the terms of this agreement, or any consensual cancellation, shall not be valid unless reduced to writing and signed by both parties.
(6) Existing contracts will also adopt the 30 days written cancellation rule.
(7) The Company may withdraw credit facilities at any time without prior notice and OFM reserves the right to review the extent, nature and duration of such facilities at all times.
(8) The suretyship is of a continuing nature and shall remain in force. It may not be withdrawn, revoked, cancelled or ceded without OFM’s written consent and shall only be effective if reduced to writing and signed by both parties.
(9) All "added value" bookings are subject to change without notice, based on available airtime.
(10) Should this contract remain unsigned, it will only be seen as a quotation and will only be valid for fourteen (14) days from the date on which it was issued.
(11) All business that is undertaken with the Company is subject to the relevant terms and conditions that are printed with the relevant rate cards.
(12) The signatory on an order warrants that he/she is entitled to contract with the Company in connection with all airtime that is ordered.
(13) In the event of the company instructing attorneys to collect from the debtor an amount owing to them, the debtor agrees to pay all costs on a scale as between attorney and client, including collection charges.
(14) No relaxation or indulgence granted to the debtor by the company, at any time, shall be deemed to be a waiver of any of the company's rights in terms hereof. Such relaxation or indulgences shall not be deemed to be a novation of any terms and conditions set out herein, and shall not create any estoppel against the company.
(15) The debtor chooses its domicilium citandi et executandi for all purposes, whether in respect of court process, notices, other documents or communications of whatsoever nature, the address on the credit application.
(16) All business is undertaken subject to the above conditions and this contract, and all future contracts, will become binding on the debtor once the credit application has been signed.
(17) Payment terms on all credit facilities are strictly thirty (30) days from invoice date.
(18) An upfront full payment in the form of a bank guaranteed cheque or cash will be required if the debtor's credit application is not successful.
(19) Should a contract be cancelled, before the commitment period, when said contract makes provision for committed discount or added value, all discount or added value will be reversed, and the client will be held liable for airtime utilised.
Terms of Acceptance:
1. Subject to availability of airtime,
2. Spot placement is not guaranteed as it is based on the availability of inventory,
3. Cash upfront clients to supply payment, signed schedules, and material by noon two working days before broadcast to qualify for this offer,
4. The cancellation period is 30 days written notice before broadcast,
5. Material deadline is two days, before broadcast,
6. OFM will not be held responsible for any circumstances beyond their control,
7. Refer to OFM rate card for more details,
8. Proof of payment must be E-mailed to OFM no less than 3 working days before the first broadcast,
9. Upfront payment may be required subject to OFM Credit Policy,
10. Proposal rates valid for this campaign only,
11. The proposal rates does not include Value Added Tax (VAT) (as amended by the Taxation Laws Amendment Act 5 of 2001),
12. Subject to available inventory on the requested broadcast date,
13. Rates based on the OFM rate card effective 1 Oct 2019, E & OE.
14. Any fees shown on monthly statements as due to OFM shall be payable on or before the expiry of the term of payment indicated on the invoice.