BAGGL UK LTD TV ADVERTISING TERMS

Last updated: 31/12/2020

The following terms and conditions shall apply to all purchases of Advertising Inventory by a Client until these Terms are replaced or varied by BAGGL UK LTD.

a) All Campaign Bookings made by a Client shall be subject to these Terms.  It is not necessary for any Client to have signed an acceptance of these Terms and Conditions for them to apply. If a Client accepts a proposal, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our Services implies that you have read and accepted our terms and conditions.

b) A separate Campaign Booking shall arise in respect of each advertising campaign placed by a Client that is accepted by BAGGL UK LTD.

c) No amendment to a Campaign Booking will be binding or effective unless agreed in writing by BAGGL UK LTD.

DEFINITIONS

Advertising Copy means any item of advertising copy to be displayed in or across the Advertising Inventory.

Advertising Inventory means third-party commercial advertising space available to BAGGL UK LTD, including but not limited to, online, television, radio, print and outdoor advertising.

Assets mean, but is not limited to photos, graphics, video and sound files.

Client mean the company or individual buying Advertising Inventory through BAGGL UK LTD.

Campaign Booking means an order that is placed by the Client, contractually committing to purchase Advertising Inventory through BAGGL UK LTD.

Copy Deadline means the date whereby approved Advertising Copy must be submitted.

Script means the text and/or verbal content of the Advertising Copy.

CAMPAIGN BOOKING

1. BAGGL UK LTD shall have no obligation to accept any Campaign Bookings submitted by any Client. Accordingly, all Campaign Bookings are subject to acceptance by BAGGL UK LTD. BAGGL UK LTD shall be entitled to accept a Campaign Booking in such manner as it determines, including by writing, email, verbally or by submitting an invoice and/or request payment.
2. The first display or delivery date for Advertising Copy in fulfilment of a Campaign Booking shall either be the date specified in the relevant Campaign Booking form or such other date as the parties may agree, which must be confirmed and accepted in writing.
3. BAGGL UK LTD reserves the right, in its sole discretion, to apply a late booking fee in the case of any Campaign Booking that is made by the Client after the Copy Deadline but which is still accepted by BAGGL UK LTD. The amount of any late booking fee shall be specified by BAGGL UK LTD prior to acceptance of the Campaign Booking and shall be payable as specified in writing by BAGGL UK LTD.

COMPLIANCE

4. The Client shall be solely liable for ensuring that all Advertising Copy complies with all applicable laws and, where appropriate, has been cleared in accordance with good industry practice prior to delivery to BAGGL UK LTD. For bookings whereby BAGGL UK LTD is supporting the delivery of Advertising Copy, it will work with the necessary governing bodies to ensure the Advertising Copy complies with all applicable laws.

WARRANTIES AND INDEMNITIES

5. The Client represents, warrants and undertakes that:

a) it will obtain, maintain and pay for all necessary permits, licenses, authorisations and any other consents (whether statutory or otherwise) when providing Assets to BAGGL UK LTD, including the transmission of all copyright materials, the appearances and performances of all persons and all music contained in any Advertising Copy;

b) Advertising Copy will not breach the rights, including intellectual property rights, of any third party;

c) all Advertising Copy will comply with applicable laws and it will comply with all applicable laws in connection with the performance of its obligations under or in connection with the Agreement;

d)no Advertising Copy will contain or give access to any viruses; and

e) no Copy will be misleading, defamatory, obscene, indecent or offensive.

f) the Client hereby indemnifies BAGGL UK LTD against all actions, proceedings, costs, damages, expenses, penalties, claims, demands, losses and liabilities arising from any breach of these terms and any claim, threat, demand or proceeding against BAGGL UK LTD as a result of any breach by the Client.

g)In the event of any challenge, enquiry, investigation or other correspondence by or from any Regulator in connection with the display of Advertising Copy, the Client shall at its own cost co-operate fully with BAGGL UK LTD and provide such assistance as may be required by BAGGL UK LTD.

SKY UK LTD TERMS AND BCAP RULES & REGULATIONS

6. The Campaign Booking will be subject to Sky UK Ltd’s standard terms of conditions for AdSmart Advertising available here, and will be subject to BCAP rules and regulations available here.

CANCELLATION

7. The Client accepts that once a signed Insertion Order or a Campaign Booking has been submitted to BAGGL UK LTD, the advertising campaign cannot be cancelled, unless otherwise agreed in writing by BAGGL UK LTD, but can be re-scheduled subject to approval by BAGGL UK LTD. In the event of cancellations directly relating to Covid19 national lockdown within the UK, the Campaign Booking can be rescheduled up to 3 (three) months from the original campaign start date.

PAYMENT

8. Payment is required as per the terms of the Campaign Booking, which is typically pro forma, in advance of the campaign start date.
9. The Client agrees to pay the full amount as detailed within the Campaign Booking form, irrespective of the advertising campaign not running, as a result of the Client missing Advertising Copy deadlines or payment deadlines.

Copy deadlines:

Script: 30 days prior to the campaign start date

Assets: 21 days prior to the campaign start date

Complete BCAP approved video: 6 days prior to the campaign start date

GOVERNING LAW

10. Each Advertising Order will be governed and construed in accordance with the laws of England and Wales and any dispute arising hereunder shall be submitted to the exclusive jurisdiction of the courts of England and Wales.