Terms and Conditions

STANDARD TERMS AND CONDITIONS

PRIMEDIA BROADCASTING, A DIVISION OF PRIMEDIA (PTY) LTD

 

DEFINITIONS

 

  • “the Advertiser” means a person, firm, partnership, company, close corporation or any other legal entity by whom or on whose behalf an order for an advertisement booking is placed and includes the successors in title and assignees of such an entity;

 

  • “advertisement copy” or “ad copy” means any advertising material submitted by or on behalf of the Advertiser intended for broadcast and/or publication on any Primedia Broadcasting radio station or its digital platforms including but not limited to EyeWitness News (“EWN”), 702, 947, Capetalk 567 and/or Kfm 94.5 websites, social media pages and/or Apps;

 

  • “the Advertising Agency” means a person, firm, company or close corporation whose primary business function is to service Advertisers in terms of creative concepts and media planning and/or buying. The Advertising Agency is responsible for payment of all transactions made with Primedia Broadcasting on behalf of the Advertiser and is deemed to have authority in all media buying matters and the approval or amendment of Advertisement copy;

 

  • “ARB” means the Advertising Regulatory Board or its successor;

 

  • “BCCSA” means the Broadcasting Complaints Commission of South Africa or its successor;

 

  • “CGIC” means Credit Guarantee Insurance Corporation of South Africa Limited;

 

  • “Primedia Broadcasting” means a division of Primedia consisting of 702, 947, CapeTalk 567, Kfm 94.5 and EWN.

 

ACCEPTANCE OF TERMS AND CONDITIONS

 

Placing an order with Primedia Broadcasting by the Advertising Agency/the Advertiser constitutes acceptance of these terms. No other terms are binding unless written and signed by all parties.

 

ACCEPTANCE OF ADVERTISEMENTS

 

Primedia Broadcasting may refuse to broadcast or publish advertisements that violate applicable South African law and/or ARB BCCSA Codes . Digital campaigns may be executed as deemed fit. No liability is accepted for rejection due to legal non-compliance. Primedia may:

  • Retract ad copy if required by the ARB or the BCCSA or if in Primedia’s view said ad copy is unsuitable.
  • Restrict repeat broadcasts.

 

ERRORS AND OMISSIONS EXCEPTED (E&OE)

  • Bookings are charged at the prevailing rate.
  • Complaints must be in writing within 7 days of broadcast.
  • Order confirmations are deemed accurate and approved by the Advertiser unless corrected in writing within 10 working days.

 

DATES AND TIMES OF BROADCAST/PUBLICATION

  • If a force majeure event causes failure to broadcast/publish, Primedia will compensate with airtime.
  • If failure is due to internal fault, compensation will also be in airtime.
  • Compensation for non-acceptance of alternate timeslots is not payable.

 

DEADLINES

  • Ad copy and clearances due ≥3 days before on-air or digital flighting;
  • ≥7 days for digital content campaigns.
  • Logs close at 11am for the following day’s broadcast (Friday covers weekend and Monday).

 

CANCELLATION

  • Cancellations must be received in writing ≥28 days before the broadcast.
  • Later cancellations incur full booking cost.
  • Advertisers are liable for production costs incurred before cancellation.

 

LIMITATION OF LIABILITY

  • Primedia shall not be liable for any loss/damage of advertiser-supplied materials.
  • Neither party liable for indirect/consequential loss (e.g., profit, reputation).

 

ACCOUNTS

  • Cash accounts: payment due ≥3 days before flighting.
  • With credit facilities:
    • Advertising Agency: 45 days from statement date;
    • Advertiser: 30 days from statement date;
    • Queries on accounts do not delay payment of undisputed amounts;
    • 2% monthly interest on overdue amounts;
    • Legal costs for enforcement borne by debtor; and
    • Credit facilities subject to CGIC coverage.

 

CERTIFICATE OF BALANCE

A certificate signed by a Primedia manager is prima facie proof of debt.

 

WARRANTIES AND INDEMNITIES

The Advertiser/Agency warrants:

  1. All necessary licenses and consents are obtained;
  2. No IP or third-party rights violations; and
  3. Content is not defamatory.

The Advertiser/Agency indemnifies Primedia against any related claims except in instances where Primedia’s gross negligence or bad faith is apparent.

 

CHANGES TO RATES AND CONDITIONS

Primedia may change rates, segments, or terms with 30 days’ notice. Special changes may apply to specific ads or times.

 

Primedia Broadcasting may amend its general rate card, rate segments, or standard terms and conditions with 30 (thirty) days’ written notice.

However, for advertisers participating in the Prime Impact Program, the agreed package rates and associated value benefits are fixed and protected for the full 12-month duration of the contracted program period.

Any amendments to rates or terms for such advertisers shall only take effect upon renewal or extension of the Prime Impact Program agreement.

 

DOMICILIUM

  • Advertiser’s address as per contract.
  • Primedia’s address:
    15 Fredman Drive
    Sandton
    2196

 

CREDIT CHECKS (if applicable)

Primedia may:

  • Perform credit searches via CGIC;
  • Monitor and record payment behavior;
  • Use credit data for future assessments;
  • Record accounts with bureaus.

 

PRIME ACCELERATOR

Where applicable, Prime Accelerator terms apply in conjunction with these terms.

Prime Impact Booking – Summary Terms & Conditions

By completing this booking form, the Advertiser acknowledges and accepts the Prime Impact Program Terms & Conditions as published on www.primeimpact.co.za.

 

Key points include:

 

  1. Acceptance of Terms:
    Placing an order constitutes full acceptance of the Terms & Conditions of Primedia Broadcasting, a division of Primedia (Pty) Ltd. No alternative terms will apply unless agreed in writing.

  2. Advertisement Content:
    All advertising material must comply with applicable South African law and/or Codes developed and administered by the Advertising Regulatory Board (ARB) and the Broadcasting Complaints Commission (BCCSA), as applicable. Primedia reserves the right to reject, amend, or retract any material deemed non-compliant or unsuitable.

  3. Scheduling & Delivery:
    Advertisements are broadcast or published according to the confirmed schedule. Material must be supplied within stipulated deadlines. Force majeure or operational issues will be compensated with equivalent airtime where applicable.

  4. Cancellations:
    Cancellations must be received in writing at least 28 days prior to the first broadcast or publication. Late cancellations may incur the full booking cost.

  5. Payment Terms:
    Payment is due as per the agreed account terms. Interest applies to overdue balances.

  6. Liability & Indemnity:
    Primedia is not liable for indirect or consequential losses. The Advertiser warrants ownership of all content and indemnifies Primedia against third-party claims.

  7. Rate Protection (Prime Impact Program):
    Rates agreed upon as part of the Prime Impact Program are fixed and guaranteed for the duration of the 12-month program period, subject to compliance with payment and campaign terms.