The expression "the Company" shall hereinafter mean Dune FM or any of its subsidiaries and shall include the successors in title and assigns of that Company.

The expression "the Client" wherever it hereinafter appears, shall mean the person, firm or company by whom an order for an advertisement, promotional activity or sponsorship booking is placed and shall also mean and include the Client's successors in title and assigns.

"Ofcom" is the independent regulator and competition authority for the UK communications industries.

The expression "Promotional Activity" wherever it appears hereinafter shall mean Promotional Activity and/or Sponsorship Booking.

The expression "Copy" wherever it hereinafter appears, shall mean the content of any advertisement, or trailer for Promotional Activity.

The expression "ComProd" wherever it hereinafter appears, shall mean the production of any advertisement, in whatever form created or supplied to the Client.

The Client who is an Advertising Agency shall be deemed to Contract as Principal and will accordingly be responsible for the payment of accounts and will be deemed to have full authority in all matters connected with placing of bookings and the approval or amendment of the advertisement Copy, ComProd or Promotional Activity.

Agency Commission of 15% is payable to all Advertising Agencies recognized by the Company in respect of airtime broadcasts only and will be calculated on the basis of the rates applicable less discounts allowed and less any surcharges payable under the provisions of Condition 4.

No agency commission payable by the Company to such an advertiser shall be paid or allowed to be shared with any Client of the Advertising Agency not recognized under Condition 2 (b) or, in the case of an overseas Agency, not recognized by the appropriate media organisation in its own country.

The placing of an order with the Company by the Client will be deemed an acceptance of these Terms and Conditions by the Client.

No Terms and Conditions other than those set forth herein or any variation thereof under Condition 11 shall be binding upon the Company or the Client unless reduced to writing and signed by and on behalf of both the Company and Client.

a) All advertisements will be broadcast subject only to approval by the Company and to their compliance with the Broadcasting Act 1990, Ofcom and the Advertising Standards Authority's Advertising Codes and the Company's technical requirements and submission procedures.

b) Advertisement Copy must be delivered not less than 3 clear working days before the scheduled broadcast date unless the Company shall in any particular case agree to accept a shorter period. Delivery of Advertisement Copy shall not be deemed to have been made until the company's technical requirements and submissions procedures have been complied with and the relevant broadcast instructions have been given. If the Client fails to deliver Advertisement Copy in accordance with the provisions of this paragraph he will be subject to a surcharge of £50.00 and remain liable to pay for the Advertisement whether or not it is broadcast.

c) The form in which Advertisement Copy must be submitted, the procedure for the approval and/or rejection thereof, changes or alternative Copy use and like matters shall be dealt with in accordance with the Submissions Procedure (as shall be published by the Company from time to time) prevailing at the date of submission of the Advertisement Copy.

d) The Company may at any time without incurring any liability whatsoever to the client:

Add to, delete, change or otherwise amend the Advertisement Copy if so required by Ofcom or if in the opinion of the Company the Advertisement contains unsuitable Copy but the client still remain liable to pay for such Advertisements.

Decline to broadcast any Advertisements without giving any reason for so declining but the client shall not be liable to pay for such Advertisements.

Restrict any repeat broadcast of the same Advertisement.

e) Subject to the provisions of condition 11 below, all bookings are accepted on the understanding that they will be paid for at the rates in force at the date of broadcast.

a) The Copy must be delivered not less than ten clear working days before the scheduled broadcast date unless the Company shall in any particular case agree to accept a shorter period. Delivery of Copy shall not be deemed to have been made until the Company's technical requirements and submission procedures have been complied with and the relevant broadcast instructions have been given.

b) The Company retains all the broadcast rights in respect of promotional activities.

c) The Company does not permit use to be made of the Company's logo or station name without prior written authorisation.

d) All promotions are subject to approval by the station Programme Director and of airtime availability.

e) All Promotional Trailers will be cleared with the Client before production. They are designed to promote specific activity on the station and to associate the brand with this. Trailers will be scripted and produced by the station and will be complementary in style to the sound of the station.

f) Prizes must be of an agreeable level to the station. All prizes and other related costs associated with the promotion are additional to the cost of the promotional airtime and must be provided in full or funded before the start of the campaign. If prizes are sourced and dispatched to winners by the client they must arrive no later than seven days after the conclusion of the campaign.

g) Written confirmation only confirms availability and binds the client to this stated policy. Cancellation within 28 days of the start of the campaign will result in the full value of the promotion being charged.

h) The Company at any time may without incurring any liability whatsoever to the Client:

Add to, delete, change or otherwise amend the Promotional Activity if so required by Ofcom or if in the opinion of the Company the Promotional Trailers contains unsuitable Copy but the Client shall remain liable to pay for such Advertisements.

Decline to broadcast any Promotional Trailers without giving any reason for so declining but the Client shall not be liable to pay for such Promotional Trailers.

Restrict any repeat broadcast of the same Promotional Trailers.

i) Upon the Company accepting the Promotional Activity the Promotional Activity is not cancellable by the Client without the written agreement of the Company and in the event of the Company's approval not being given, the Client shall remain liable to pay for the Promotional Activity.

j) The Company shall not be held responsible for any errors or omissions either accidental or intentional although every care will be taken to ensure the accuracy of any broadcast.

k) The Client to be fully responsible for the organization and safety connected with any event.

a) The Company does not guarantee that the scheduled times and/or dates of broadcast will be adhered to, but if for any reason whatsoever an Advertisement is:

Not broadcast during the period arranged, or

Not broadcast at all, or

Broadcast so that a material part thereof is omitted, or

Broadcast containing a material error made by the Company,

the Company will endeavour to offer a broadcast or broadcasts during some other period which may be accepted by the Client provided that if any offer of such broadcast is not accepted (or is not made) the Client shall have no claim against the Company in respect of non broadcast or for any expense or damage whatsoever incurred as a result thereof. The Company shall make no charge to the Client for such Advertisement but the Company shall be entitled to be paid by the Client any agreed fees or such expenses as the Company has incurred in respect of any facilities arranged or provided.

Subject to the provisions of Condition 9, either party may cancel any booking, provided that notice in writing is received by the Company, or the Client, as the case may be, not less than twenty-eight days before the scheduled broadcast date. In the event of airtime being cancelled by the Client within this twenty-eight day period the Client will, at the discretion of the Company, remain liable for payment of all cancelled airtime.

Either party may cancel any promotional activity booking provided that notice is received in writing not less than 28 days before the scheduled broadcast date. In the event that the Client cancels promotional activity, the Company will be able to charge the Client for any expenses incurred.

If the Client has invested in a three month sponsorship only after two months are they able to give 28 days notice to cancel.

For a six month sponsorship the Client can cancel after three months, giving 28 days notice.

For a twelve month sponsorship the Client can cancel after four months providing two months notice is given.

Sponsorships may be sold on a pre-emptive basis below certain rates. Should we receive an increased offer for the platform the current sponsor may be given the opportunity to match this offer. Should they decide not to do this, we will honour a minimum 3 months of sponsorship. 28 days notice will be given (though to run no less than 3 months in total).

Whilst every care will be taken in respect of recordings, scripts, or other material, the Company cannot accept liability for the loss, damage, delay in delivery thereof, whether in the studios or in transit and whether or not such recordings, scripts or other materials are supplied by the Company.

Unless otherwise stated in writing, any material produced for the Client, including scripts or other materials shall remain the property of the Company.

No material, however produced, may be reproduced in whole or part for use in any way whatsoever without prior agreement of the Company.

A License to use any material produced by the Company may be granted subject to the Company's agreement.

If the Client is an approved credit customer of the Company, the account will be invoiced within 7 days of a campaign ending and for continuing campaigns, on the last day of each calendar month, calculated by reference to the advertising and promotional activity broadcast during that period. Payment of invoices will be made in full within 30 days of the date of invoice. Other accounts shall be paid no later than five clear working days prior to the scheduled first broadcast date.

Payment is to be made in cleared funds in the same currency as the invoice and without any withholding, deduction, set-off or counter claim whatsoever. In default of such payment, the Company is entitled to immediately cease broadcasting the campaign without any obligation to the Client or claim against the Company.

If any amount is not paid in full by the due date of payment, interest is payable on the outstanding amount at a rate of 5% over the base rate from time to time of HSBC. Interest is calculated on a daily basis and accrues from the due date for payment until receipt by the Company of the full amount whether before or after judgement.

The existence of any query on an individual item in an account shall not affect the due payment date of the balance of the account. The Client must notify the Company of any query within 10 days of the date of invoice.

Any extension of credit allowed to the Client may be changed or withdrawn at any time. For the avoidance of doubt, if the Client ceases to be an approved credit customer, the Company reserves the right to invoice the Client immediately for the outstanding amount of the fee for the entirety of the campaign.

If any amount is not paid in full by the due date for payment, the Company may (in its absolute discretion) elect not to accept any new bookings for advertising time from the Client (whether for the same advertiser or in respect of other advertisers).

The Client warrants and undertakes that:-

He will be responsible for obtaining and paying for all necessary licenses and consents for the broadcast of any copyright material contained in, or the inclusion of any person in his Advertisement or Promotional Trailer.

No Copy will breach copyright or other rights or be defamatory to a third party.

He will indemnify and keep the Company indemnified against all actions, proceedings, costs, damages, expenses, penalties, claims, demands and liabilities arising from any breach of the warranties, or in any manner whatsoever in consequence of the use, recording or broadcasting of any Copy matter supplied or broadcast for the Client.

The Company reserves the right to change the Advertisement rates, time segments, classifications and any of these Terms and Conditions by not less than twenty eight clear working days notice, and in the event of such a change the rates payable and the Terms and Conditions applicable shall be those in force at the time of broadcast. But the Client concerned shall, on serving written notice on the Company within ten clear working days of receiving notice of such change be entitled to cancel any order for an Advertisement to which the changed rates or Terms and Conditions would otherwise be applicable.

The Company from time to time may make special charges