Advertising/Sponsorship Terms & Conditions

CRA ADVERTISING/SPONSORSHIP TERMS AND CONDITIONS

CENTRAL COAST RADIO.COM ADVERTISING/SPONSORSHIP/SPONSORSHIP TERMS AND CONDITIONS

These Standard Advertising/Sponsorship/Sponsorship Terms and Conditions:

These standard Advertising/Sponsorship/sponsorship terms and conditions (Terms and Conditions) apply to all Advertising/Sponsorship on radio stations and websites (Advertising/Sponsorship) owned or controlled by COAST RADIO AUSTRALIA PTY LTD (CRA) (ABN 90 657 927 190).

By agreeing to advertise on CRA or by placing an Advertising/Sponsorship order with any CRA representative (Advertising/Sponsorship Order) each Client agrees to be bound by these Terms and Conditions as varied from time to time.

These Terms and Conditions may be varied from time to time and cannot be varied except in writing signed by the Co- founder.

Capitalized words in these Terms and Conditions have the meaning given to them within these Terms and Conditions.

1.Advertising/Sponsorship Order

A written Advertising/Sponsorship Order must be completed in respect of all Advertising/Sponsorship. Unless expressly agreed by an authorized representative of CRA, it must be executed by an authorised representative of the Client and by an authorised representative of CRA.

2. What Makes Up the Agreement Between Client and CRA

The agreement between the Client and CRA in respect of Advertising/Sponsorship will comprise the Advertising/Sponsorship Order, these Terms and Conditions and any schedules and attachments to the Advertising/Sponsorship Order (including without limitation rate card, sales proposal or sales schedule) and any booking confirmations or credit terms applicable pursuant to Clause 19 (the Agreement).

In the event of any conflict between any Advertising/Sponsorship Order or any schedule or attachment to any Advertising/Sponsorship Order, and these Terms and Conditions then these Terms and Conditions will prevail.

3. Who is the Client

For the purpose of these Terms and Conditions and each Advertising/Sponsorship Agreement the “Client” means;

(a) the person or company specified as the “client” in the Advertising/Sponsorship Order; and

(b) where any Advertising/Sponsorship or Creative Services has been booked or placed with CRA by an Advertising/Sponsorship agency, or media agency (subject to Clause 23) includes that agency.

Each person that signs an Advertising/Sponsorship Order or any part of an Agreement on behalf of a Client or that books or places Advertising/Sponsorship with CRA warrants that they have the authority to bind the Client (including any Advertising/Sponsorship agency) in accordance with these Terms and Conditions.

4. Deadlines for Materials

Materials to be delivered by the Client to CRA must be provided within the following deadlines:
(a) audio for commercials must be delivered to CRA in a format ready for broadcast no later than 4 pm one (1) Business Day before the scheduled broadcast;

(b) Material instructions must be provided no later than midday on the Business Day immediately preceding scheduled broadcast and no later than midday Thursday for material scheduled to be broadcast on a weekend or long weekend;
(c) live scripts prepared by the Client must be submitted for approval by CRA no later than 4 pm five (5) Business Days before the scheduled broadcast;

(d) approval of live scripts either prepared by CRA or edited by CRA must be notified to CRA no later than 4 pm three (3) Business Days before the scheduled broadcast;

(e) content for online publication must be delivered to CRA in the format requested by CRA ready for publication no later than 4 pm five (5) Business Days before the scheduled publication;

(f) instructions for Creative Services must be notified to CRA no later than five (5) Business Days before the scheduled broadcast;

(g) any instructions relating to Materials must be delivered in accordance with the time frames specified above with respect to those Materials.

“Material” means in these Terms and Conditions all written, audio, or digital Advertising/Sponsorship necessary to complete the Advertising/Sponsorship Order and, if Creative Services are to be provided by CRA, will include all advertisements, Advertising/Sponsorship copy, Advertising/Sponsorship script, creative proposals, sound recordings, audio and any other material necessary or requested by CRA to enable CRA to perform the Creative Services.

In submitting any Material or in submitting any changes to Material, the Client must comply with the submission requirements and deadlines set out above or as otherwise notified to the Client by CRA.

5.CRA will not be obliged to accept any Material, Advertising/Sponsorship or order for Creative Services which has not been submitted in this manner or is not otherwise in accordance with this Agreement.

(a) It is the responsibility of the Client to ensure that the requirements for submitting Advertising/Sponsorship Orders for the individual Regional station and/or website are met.
(b) Without limiting any other clause of these Terms and Conditions:
(i) CRA may reject any Advertising/Sponsorship Order that does not meet CRA requirements; and

(ii) where an Advertising/Sponsorship Order is rejected in such a way that CRA loses an opportunity to broadcast or publish other Advertising/Sponsorship then CRA reserves the right to charge the Client a full Fee with effect from the broadcast time or publication date

6.Client Undertakings in Relation to Content of Advertising/Sponsorship

The Client undertakes and warrants to CRA that no Advertising/Sponsorship, Advertising/Sponsorship Order or Material provided by or on behalf of the Client will:

(a) breach or infringe the Broadcasting Services Act 1992 (Cth), the Competition and Consumer Act 2010 (Cth), the Privacy Act 1988 (Cth) or equivalent legislation in any State or Territory of Australia;

(b) infringe copyright, trade mark or other intellectual or moral property or other rights of any person (including any legal or equitable right of confidentiality);

(d) infringe any applicable laws, regulations and Advertising/Sponsorship and broadcasting codes or standards;

(e) infringe any disclosure obligations relating to the Advertising/Sponsorship Order which may cause Client or CRA to be in breach of such obligations, or participate in any form of non-disclosure that may breach any applicable law or regulation; or

(f) give rise to any liability on the part of CRA, cause CRA to be in breach of any law by virtue of broadcasting, communicating or publishing of the Advertising/Sponsorship or utilizing the Material, or result in a claim being made against CRA.

7.CRA Right to Reject Advertising/Sponsorship or Material

CRA may in its absolute discretion:

(a) at any time and without notice to the Client cancel, reject or refuse to broadcast, communicate or publish or continue broadcasting, communicating or publishing any Advertising/Sponsorship or Material without providing any reason for such rejection or refusal at any time prior to, or after, publication of the Advertising/Sponsorship, provided this right will not be unreasonably exercised;

(b) refuse to accept any scripts provided by the Client for live reads which are not approved by CRA and its on-air talent;

(c) amend (including without limitation, by prefacing with “Advertisement” or by following with required particulars) any Advertising/Sponsorship or Material without referring back to the Client, if in the opinion of CRA such amendment is necessary to comply with any laws, regulations and Advertising/Sponsorship and broadcasting codes or standards

CRA shall have no liability to the Client in respect of any action taken pursuant to this Clause 7. CRA may at its sole discretion provide the Client with credit which may be used against an alternate campaign subject to availability, or a refund in respect Fees paid for Advertising/Sponsorship not broadcast as a result of CRA exercising its discretion not to broadcast pursuant to this Clause 7.

8. Broadcast and Publication Times

(a) All Advertising/Sponsorship times not already specified in the Advertising/Sponsorship Order must be booked at least 7 Business Days before the scheduled Start Date specified in the Advertising/Sponsorship Order.

(b) Subject to availability and these Terms and Conditions, CRA will use reasonable endeavors to broadcast the Advertising/Sponsorship in any specified times or periods set out in the Advertising/Sponsorship Order or its attachments or requested in accordance with Clause 8(a).

(c) The Client acknowledges and agrees that CRA may at its discretion vary the placement and formatting of Advertising/Sponsorship. Such variations by CRA will not in any way affect the obligation of the Client to pay the Fees.

(d) Without limiting the above and subject to Clause 9, if Advertising/Sponsorship is broadcast or published outside of any times or periods or other manner identified in the Advertising/Sponsorship Order, or is aired otherwise than in accordance with the Advertising/Sponsorship Order then CRA may in its discretion, subject to availability, offer the Client alternate placements on the following basis:

(i) to be considered for alternate placement the Advertising/Sponsorship must be broadcast more than 20 minutes outside of the intended Advertising/Sponsorship timeslot;

(ii) alternative placement will not be considered if the Advertising/Sponsorship is broadcast while the scheduled show is still on air; and

(iii) any alternate placements will be offered on a like for like, one for one basis,

No refund will be available.

9. Payment of Fees

The Client must pay to CRA the Fees as follows:

(a) if the Client does not have an approved Credit Account with CRA then no later than seven (7) Business Days before the scheduled commencement date for broadcast or publication of the Client’s Advertising/Sponsorship;

(b) if the Client does have an approved Credit Account with CRA in accordance with the specified terms of such credit account but in any event within 30 days of the end of the month during which the Advertising/Sponsorship was broadcast, published or communicated to the public; and

(c) if the Client is an Accredited Agency as provided for in Clause 15, then within 45 days of the end of the month during which the Advertising/Sponsorship was broadcast, published or communicated to the public.

Payment of Fees by credit card will only be accepted by prior arrangement with an authorised representative of CRA.

“Fees” means the fees specified in an Advertising/Sponsorship Order or otherwise as calculated in accordance with CRA’s standard Advertising/Sponsorship rates and includes any agreed fees payable in respect of Creative Services.

10. Advertising/Sponsorship Rates

The Rates for all Advertising/Sponsorship are set out in the Advertising/Sponsorship Order or if not set out in the Advertising/Sponsorship Order will be based on CRA’s applicable rates for the Client as determined by CRA from time to time.

11. Cancellation or Amendment of Advertising/Sponsorship

(a) The cancellation or amendment by the Client of any Advertising/Sponsorship later than 28 days prior to the scheduled Start Date will incur a cancellation fee of 100% of the Fees and any other amount that would be payable by the Client if the Advertising/Sponsorship had been broadcast or published in accordance with the Advertising/Sponsorship Order.

(b) If Advertising/Sponsorship is cancelled or amended with less than 28 days notice but more than 14 days notice from the Start Date, CRA may, at its sole discretion, by arrangement with the Client, provide the Client with a delete and charge credit equal to the amount of the cancellation fee. A delete and charge credit will not be effective until the applicable cancellation fee has been paid in full by the Client.

(c) A delete and charge credit will expire 3 months after the date the relevant Advertising/Sponsorship was cancelled and will not entitle the Client to any refund or other payment but may be utilized on unfilled broadcast times, subject to CRA’s discretion to give higher priority to other customer’s actual or anticipated Advertising/Sponsorship orders.

12. Failure to Pay Fees

If full payment of Fees is not received by CRA on or before the date that such payment is due, or if the Client commits or is the subject of an Insolvency Event, CRA may at its sole election and discretion:

(a) cancel any credit terms provided to the Client and require immediate payment in full of all Fees;
(b) immediately and without notice, suspend the broadcast of any Advertising/Sponsorship or suspend or cancel all Advertising/Sponsorship orders of the Client and terminate any agreement in relation to Advertising/Sponsorship not yet broadcast or Creative Services not yet provided;

(d) impose interest at the rate of 2% (two percent) above the Reserve Bank’s 90 day Bill Rate on all sums that remain unpaid until full payment is received;

(e) commence legal proceedings against the Client for recovery of any outstanding amounts;

(f) recover from the Client all costs incurred by CRA in the recovery of any amount owed by the Client including any debt recovery or legal costs on a full indemnity basis; and

(g) take any such other steps as CRA considers appropriate or necessary to recover the Fees. Client must notify CRA as soon as practicable of any change, event, fact or circumstance affecting the Client which may impact on its ability to pay the Fees.

The Client agrees to provide to CRA all information as is reasonably requested by CRA to determine the credit worthiness of the client and its suitability and ability otherwise to meet payment of the Fees.

13. Creative Services

If the Client requires any creative, production or related services (Creative Services) from CRA, the Client must pay CRA additional charges for such services, as set out in the production quote or in other correspondence provided by CRA in respect of the Client’s request for the Creative Services. Creative Services will be subject to the same payment and credit terms and Client obligations as provided for in these Terms and Conditions.

14. Advertising/Sponsorship Rebates

Where payment for Advertising/Sponsorship has been made in full within the due date specified in these Terms and Conditions and a Client is not otherwise in breach of these Terms and Conditions or any Agreement with CRA, then the following rebates will apply:

(a) if the Client is an Accredited Agency the rebate will be up to 10% (or as otherwise agreed between CRA and the Client) on the amount paid for that Advertising/Sponsorship; or

(b) as has been negotiated and agreed in writing directly with CRA in respect of Approved Unaccredited Agencies and Approved Booking Agents.

No rebate will be granted pursuant to this Clause 15 in respect of Advertising/Sponsorship booked by an Accredited Agency, Approved Unaccredited Agency or Approved Booking Agent in respect of customers that:

(a) are existing Clients of CRA or have in place a current Advertising/Sponsorship Order; or

(b) have been Clients of CRA or have advertised with CRA through an Accredited Agency, Approved Unaccredited Agency or Approved Booking Agent during the preceding 12 months, other than through the Accredited Agency, Approved Unaccredited Agency or Approved Booking Agent seeking the rebate.

15. Compliance & Disclosure
It is the responsibility of each Accredited Agency, Approved Unaccredited Agency or Approved Booking Agent to ensure that all legal and regulatory compliance obligations are met, including (where applicable) that the arrangements and benefits received by them from CRA are disclosed to their customers. If any customer of an Accredited Agency, Approved Unaccredited Agency or Approved Booking Agent contacts CRA regarding disclosure obligations relating to any Advertising/Sponsorship Order or any arrangement related to any Advertising/Sponsorship Order, CRA will in the first instance refer the customer to the relevant Accredited Agency, Approved Unaccredited Agency or Approved Booking Agent. Should the Accredited Agency, Approved Unaccredited Agency or Approved Booking Agent (as applicable) fail to provide the required disclosure within a reasonable period, CRA may, upon notice to the relevant Accredited Agency, Approved Unaccredited Agency or Approved Booking Agent, provide the information required to comply with any legal or disclosure obligations.

The terms of this clause 16 survive expiry or termination of these Standard Terms and Conditions.

16. Accredited Agency/Media Agency

An “Accredited/Media Agency” for the purpose of this agreement is an agency that has been notified in writing by CRA that it meets the criteria for accreditation as determined by CRA in its sole discretion. The criteria used by CRA to determine whether an agency qualifies as an Accredited Agency, may include but will not be limited to that the agent;

(a) sells CRA air time to independent third parties and has a minimum of 5 commercial clients.

(b) satisfies such financial criteria as are specified by CRA from time to time;

(d) has completed an CRA agency credit application; and

(e) has obtained their client’s written consent for the payment of agency allowances.

CRA may by notice in writing withdraw accreditation from any Accredited Agency.

Each Accredited Agency must advise CRA immediately in writing of any change to its status or circumstances which may cause it to fail the above criteria or be likely to cause it to fail the above criteria, including but not limited to any change to the ownership or control, directors or senior management, revenue or asset backing, or the existence of actual or threatened litigation or other event which may compromise its ability to pay the Fees or otherwise meet its obligations under these Terms and Conditions and any Agreement.

Each Accredited Agency shall provide to CRA such information as is reasonably requested by CRA from time to time to enable CRA to assess its continuation as an Accredited Agency.

17. Intellectual Property

The Client acknowledges that:

(a) CRA is permitted to use any Material provided by the Client to CRA for the purposes of the Agreement. The Client agrees that CRA often provides details of its experience for tenders, directories and presentations to clients. Unless the Client states to the contrary, CRA may inform third parties of the fact that CRA have supplied Advertising/Sponsorship to the Client and the nature of Advertising/Sponsorship that CRA have supplied, including for example in the form of case studies and for demonstration purposes. If CRA would like to publicize any further details, CRA will first seek the Client’s approval.

(b) All intellectual property rights, including but not limited to copyright, in any Material created, produced or written for the Client by CRA or its employees, officers or agents is the sole property of CRA (CRA Material).

(c) Prior written clearance from CRA is required for any use of any CRA Material otherwise than on CRA radio stations. Permission may be withheld.

(d) The Client must:

(i) keep confidential any CRA Material (directly or indirectly) supplied to the Client

(ii) not, without written clearance from CRA, use or exploit CRA Material except for any Advertising/Sponsorship or promotional campaign placed with CRA; and

(iii) if directed by CRA, on termination of this Agreement deliver up any CRA Material to CRA.

(e) Nothing in this Agreement gives the Client the right to use any CRA trade mark, logo or other artwork.

18. Indemnity and Release

(a) To the extent permitted by law, the Client indemnifies CRA and each of its employees, officers and agents from and against any Claim arising, whether directly or indirectly, from or in connection with a breach by the Client of this Agreement. Australian Radio Network Pty Limited, or the applicable subsidiary or related or affiliated entity which has entered into this Agreement, holds the benefit of this indemnity and all other rights conferred on CRA and each employee, officer or agent of CRA under this Agreement as trustee.

(b) Without limiting the forgoing, the Client forever releases CRA and each officer, employee or agent of CRA from and CRA accepts no liability for, any Claim, loss or liability arising in any way from or in connection with:

(i) the broadcast or delay or failure to broadcast Advertising/Sponsorship or Material (including any errors in any content of any Advertising/Sponsorship or Material);

(ii) any mistake or deficiency in any Creative Services provided to the Client by or on behalf of CRA;

(iii) any lack of sound or other quality, or delay in transmission of, any Advertising/Sponsorship; or
(iv) any representations made by or on behalf of CRA that induced the Client to enter into this Agreement.

19. Credit Terms Apply

The Client acknowledges that it is not entitled to any credit or to make payments on account unless it has been expressly authorized in writing by CRA. All such credit or payments on account will be subject to these Terms and Conditions and CRA’s standard credit terms which may vary from time to time.

20. GST

Unless otherwise stated by CRA, Advertising/Sponsorship Rates and any other payments or other charges are quoted exclusive of GST and the Client will pay GST in addition to such amounts.

21. Liability of CRA

(a) Except as expressly provided in these Terms and Conditions, CRA excludes, to the fullest extent permitted by law, all warranties, representations and conditions whether implied by law, trade, custom or otherwise. In the event that CRA is liable to a Client for a breach of implied warranty or condition that may not be excluded, CRA’s liability will, to the extent permitted by law, be limited to any one or more of the following (at CRA’s option):

(i) in the case of the supply of goods under these Terms and Conditions (if any):

(A) the replacement of the goods or the supply of equivalent goods or the payment of the cost of replacing the goods or acquiring equivalent goods;

(B) the repair of the goods or the payment of the cost of having the goods repaired; or

(ii) in the case of the supply of services under these Terms and Conditions:

(A) the supplying of the services again; or

(B) the payment of the cost of having the services supplied again.

(b) In no circumstances will CRA or its employees, officers or agents be liable, whether in tort, contract or otherwise for any indirect loss, loss of profits, consequential loss or special or exemplary damage suffered by the Client or any other person, even if such loss or damages are foreseeable and whether or not CRA has been advised of the possibility thereof.

(c) Without limiting the application of Clause 19, the liability of CRA (including CRA’s officers, employees and agents) to the Client, or any other person, for any and all loss or damage arising in relation to any Agreement and/or Advertising/Sponsorship or Creative Services (including from any errors or inaccuracies however caused, whether by negligence, system, software or press failure, mistake, early, late or failure to broadcast or communicate Advertising/Sponsorship or provide Creative Services will be limited to an amount equal to the Fees paid in respect of that Agreement, Advertising/Sponsorship or Creative Services, provided that if the Client does not advise CRA of any error within five days of broadcast or first communication of the relevant Advertising/Sponsorship or advertisement produced as a result of the Creative Services CRA will have no liability whatsoever.

(d) For the avoidance of doubt, CRA owes no duty to the Client to review, or amend any Material or Advertising/Sponsorship for compliance with these Terms and Conditions and no review or amendment by CRA will affect the Client’s liability for the content of the Material or the Advertising/Sponsorship.

22 Expiration and Termination of Agreement

(a) Unless terminated earlier in accordance with Clause 22(b), the Agreement will expire on the latest End Date specified in the Advertising/Sponsorship Order or the completion of the Creative Services (if applicable) and any further Advertising/Sponsorship and corresponding rates will be subject to renegotiation.

(b) CRA may terminate the Agreement by serving a notice in writing on the Client if:
(i) the Client commits a breach of these Terms and Conditions or the Agreement and fails to remedy such breach within fourteen (14) days after being served with a notice by CRA specifying the nature of the breach and requiring that it be remedied; or

(ii) the Client at any time commits or is the subject of an Insolvency Event or ceases carrying on business or threatens to cease carrying on business; or

(iii) CRA or the applicable subsidiary or related or affiliated entity which has entered into this Agreement at any time commits or is the subject of an Insolvency Event or ceases carrying on business or threatens to cease carrying on business.

(c) Termination of this Agreement by CRA does not affect any other rights of CRA under law or equity including the right to recover payment of all Fees that would have been payable under the contract had it not been terminated. In the event of termination of the Agreement, CRA shall invoice for any Fees or other amounts outstanding under the Agreement. All outstanding Fees will become payable on the date specified in the invoice

23. No Waiver

If at any time CRA does not enforce any of these terms and conditions or grants the Client time or other indulgence, CRA shall not be construed as having waived that term or condition or its right to later enforce that or any other term or condition.

24. Assignment

The Client may not:

(a) assign to any third party any of its rights under any Agreement or any part of an Agreement to which these Terms and Conditions apply or any right in respect of Advertising/Sponsorship space allocated in accordance with such an agreement; or

(b) place Advertising/Sponsorship or commission Creative Services whether directly or indirectly on behalf of third party advertiser(s) whether as an agent or otherwise,
except on terms previously agreed in writing with CRA. Advertising/Sponsorship are placed or Creative Services will be considered to have been ordered by a Client on behalf of a third party advertiser where, for example (but without limitation), the Advertising/Sponsorship promotes or otherwise notifies listeners as to the goods or services of the third party advertiser rather than the Client.

CRA may assign to any third party any of its rights or obligations under any Agreement or any part of an Agreement to which these Terms and Conditions apply or any rights or obligations in respect of Advertising/Sponsorship space or services allocated in accordance with such an Agreement.

25. Entire Agreement

The Agreement sets out the entire agreement between the parties in relation to the Advertising/Sponsorship or Creative Services and supersedes all prior arrangements, undertakings, representations and warranties by or between the parties in relation to such Advertising/Sponsorship.

26. Governing Law

This Agreement is governed by the law in force in New South Wales and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

27. Force Majeure

If CRA is prevented from or delayed in complying with an obligation under this Agreement by an event beyond its reasonable control, including but not limited to a telecommunications failure, terrorist attack, war, national emergency, inclement weather, fire, flood, earthquake, natural disaster, change in legislation or shortage or destruction of equipment or materials, performance by CRA of the obligation will be suspended for the period of the delay and CRA will not be liable for any loss or damage suffered by the Client arising from or relating to such delay.

28. Severability

If any provision of these Terms and Conditions or the Agreement is held illegal or unenforceable, then such illegality or unenforceability shall not affect the remaining provisions of these Terms and Conditions or Agreement which shall remain in full force and effect.

29. Privacy

CRA collects the Client’s personal information to assist in providing the goods or services the Client has requested and to improve CRA’s products and services. CRA may contact the Client about goods, services or promotions which may be of interest to the Client. CRA may also share the Client’s information with other persons or entities who assist CRA in providing its services. Personal information will be dealt with in accordance with the provisions of the Privacy Act 1988 (Cth) and CRA’s Privacy Policy.

30. Amendment

CRA may vary these Terms and Conditions at any time in its sole discretion, provided that:
(a) such amended terms will not affect prior agreed Advertising/Sponsorship Orders; and
(b) if the Client does not agree with a variation the Client may cease placing orders with CRA.

31. Definitions

In these Terms and Conditions:

(a) Accredited Agency means an agency accredited in accordance with Clause 16;
(b) Advertising/Sponsorship Order means an Advertising/Sponsorship order placed by a Client with CRA in accordance with Clause 1 or Clause 2;
(c) Approved Booking Agent means an Advertising/Sponsorship booking agent approved in writing by CRA for the purposes of these Terms and Conditions;
(d) Approved Unaccredited Agency means an Advertising/Sponsorship agent approved in writing by CRA for the purposes of these Terms and Conditions that is not an Accredited Agency;
(e) CRA means Coast Radio Australia Pty Ltd (ABN 90 657 927 190) and its owned or controlled subsidiaries, related entities or joint ventures;

(f) CRA Material has the meaning specified in Clause 17;

(g) Claim means any and all proceedings, demands, losses, costs (including legal costs on a full indemnity basis), damages and other liabilities of any nature taken, made or awarded against or incurred by CRA and/or its employees, officers and agents including, without limitation, as a result of claims by third parties;

(h) Creative Services means creative or production services provided by CRA to the Client;

(i) Holdings means the electronic confirmation of all bookings (including all spot and non-spot charges) held by CRA on behalf of the agency and client and provided to the agency by CRA’s chosen delivery method each night Monday to Friday, in the form of a Holdings File,

(j) Insolvency Event means an act of bankruptcy (in the case of an individual), or if an entity (including for example, a Client) is unable to pay its debts as and when they fall due, enters into any arrangement with its creditors other than in the ordinary course of business, passes a resolution for administration, winding up or liquidation (other than for the purposes of re-organisation or reconstruction), has a receiver, manager, liquidator or administrator appointed to any of its property or assets or any petition is presented for its winding up (all in the case of a body corporate)
(n) Material has the meaning given to that expression in Clause 5;
(o) Privacy Statement means the privacy statement published in respect of each of the radio stations for CRA published at the websites identified in the privacy statement;

(p) Terms and Conditions means these terms and conditions as amended from time to time.

Last updated: 1 February 2022