BidMedia Broadcasting - Terms and Conditions

  1. BidMedia Broadcasting Limited (“BidMedia”) is a company registered in England under company number 07048033. Registered office: Berkeley Square House, Berkeley Square, London W1J 6BD.
  2. BidMedia sells long form media (the “Airtime”) on behalf of third party channels (the “Channel/s”) on a commission basis to media buyers (the “Buyer”) and arranges the scheduling of television content via the Channel.
  3. By agreeing to purchase media from BidMedia the Buyer is agreeing to be bound by these Terms and Conditions.
  4. These Terms & Conditions may change from time to time and will be available from the BidMedia website at www.bidmediabroadcasting.com
  5. The Buyer grants BidMedia and the Channel owner the right to broadcast their teleshopping content (the “Content”), as delivered, on the Channel.
  6. BidMedia warrants and procures that the Channel will warrant that the Content will be broadcast as it is delivered and will not be altered in any way, save for the overlaying of a channel identity bug if required.
  7. The Buyer will provide the Channel with the Content in whatever technical format is required by the Channel.
  8. The Content must be provided to the Channel within 7 days of the intended airing date and all associated Electronic Programme Guide (“EPG”) data or along with any other such information or metadata that the Channel can reasonably require in order to facilitate the broadcast of the Content.
  9. The Buyer warrants that all Content provided for playout on the Channels will be compliant with all relevant Ofcom, ASA, BCAP and other broadcasting regulations and hereby indemnify BidMedia and the Channels against any losses resulting from the airing of the Content.
  10. The Buyer warrants that is will ensure that any products sold via the Content are of merchantable quality and comply with all relevant rules and regulations.
  11. The Buyer warrants that it will, at all times, comply with UK distance selling regulations or similar legislation and the provisions of The Consumer Protection from Unfair Trading Regulations 2008;
  12. The Buyer warrants that it owns or has right to use all intellectual property rights relating to the Content and the advertising and promotion thereof.
  13. The Buyer warrants to defend, indemnify and hold BidMedia, the Channel and their affiliates, officers, directors, employees and agents harmless with respect to any claims, loss, liability, damage or judgment suffered by BidMedia or the Channel, including reasonable attorney's fees and court costs, which stems from the content of the advertising material provided by the Buyer, the actions of the Buyer the Buyer's representative(s) from the purchase and/or use of products or services sold by the Buyer’s or any claims the Buyer’s products, services or advertising infringes upon the rights or violates the rights of any third party.
  14. In the event that the Content is deemed by the Channel, at its complete discretion, to not be compliant with Ofcom, ASA or any other UK regulation, the Channel reserves the right to withdraw the Content from its broadcast with no financial penalty and the Buyer shall still be liable to pay the fees for the Airtime booked
  15. Where the Buyer provides more than one piece of Content for broadcast on the Airtime on a specific Channel, they shall be required to deliver a detailed schedule of when they want their Content broadcast, 7 days in advance of any airing.
  16. BidMedia will use its reasonable endeavours to procure that Airtime booked by the Buyer on the Channel broadcasts the specific Content requested by the Buyer, according to their schedule, but shall not be liable for any errors and omissions made by the Channel and/or the broadcaster.
  17. The Buyer shall have the right to request as-run logs from BidMedia to confirm that their content was broadcast. For the avoidance of doubt, the provision of as-run logs from the broadcaster shall be accepted as proof of broadcast of the Content.
  18. In the event that the Content is not aired at all on the Channel, except in a Force Majeure event, then BidMedia shall issue a credit note equivalent to the specific slot or slots that did not air.
  19. The Buyer may be (dependent on the Channel) requested to provide EPG titles and descriptions for the Content, which it must use its reasonable endeavours to do so promptly, upon request.
  20. BidMedia will use its reasonable endeavours to ensure that the EPG for a channel is accurate but neither BidMedia nor the Channel warrant that the EPG shall be free from error or fault and the Buyer understands that any failure or inaccuracy of the EPG shall not constitute a failure to broadcast the Content.
  21. Unless agreed otherwise all Airtime booked through BidMedia will be subject to payment in advance.
  22. All invoices for Airtime shall be paid in full without offset, deduction adjustment or charge of any kind.
  23. In the event of a payment default, BidMedia and the Channel reserve the right to withdraw the content from broadcast on the Channel/s and replace with other content. In the event of default, the Buyer shall still be liable to pay the applicable fees for the Airtime booked regardless of whether or not it is broadcast.
  24. Interest shall be payable on all amounts unpaid after thirty days of presentation at 8% above Bank of England base rate.
  25. Both the Buyer and BidMedia shall keep confidential all fees payable for Airtime, except that BidMedia are obliged to inform the Channel.
  26. These Terms & Conditions shall be construed in accordance with and governed by the law of England and Wales and both parties hereby irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to this Agreement or any alleged breach of it.