Why Algoa FM?
Algoa FM offers its loyal listeners music driven radio, with news, weather and traffic you can use. Talk is minimal and all promotional activities project aspirational lifestyle values. In order to best target our upwardly mobile audience, we provide familiar, well-loved music with the skilful mix of entertainment, news, weather and information that keeps our listeners tuned in for longer.
Algoa FM constantly brings you innovative opportunities to further grow your business, and offers you the perfect platform to grow your Brand across the Eastern Cape and Garden Route both on-air and online. For further enquiries contact our Sales Manager, Dennis Karantges at firstname.lastname@example.org or on 041 – 505 9497
Terms and Conditions for Advertising
The following words shall have the following meaning unless the context clearly indicates otherwise:
1.1 Company: means Umoya Communications (Pty) Limited, Registration No. 1996/06708/07.
1.2 Customer: means the customer described in the Agreement (hereinafter referred to as "the Agreement") annexed hereto between customer and company.
1.3 Services: means the advertising and broadcasting services rendered by the Company to the customer from time to time, at the latter's special instance and request;
1.4 Agreement: means these terms and conditions as read with the agreement annexed hereto;
1.5 Advertisements: means a 30 second advertisement produced by the Advertiser, at its cost, in such format as may be required by the Company from time to time (the current format being the DAT format);
2. The Services rendered by the Company to the customer at the latter's instance and request shall be subject to the terms and conditions contained herein and the agreement.
3. The customer and the person authorised by the customer (the signatory) to sign the Agreement and to bind the customer to these terms and conditions, hereby warrant that all information contained in the Agreement is correct and that the signatory is duly authorised to sign the Agreement and to accept these terms and conditions on behalf of the Customer. The signatory hereby agrees that he/she will be liable to the Company as co-principal debtor, jointly and severally, with the Customer in the event of any misrepresentation or non-disclosure, whether innocent, negligent or fraudulent, having been made by or on behalf of the Customer in completing the Agreement.
4. All amounts due to the Company shall be paid within thirty (30) days from date of invoice.
5. The customer chooses, for all notices and legal proceedings in terms of this agreement, as its domicilia citandi et executandi the principal place of business address, which will not be a private bag or post box number, as given in the Agreement. The Company's chooses, for all notices and legal proceedings in terms of this agreement, as its domicilia citandi et executandi Algoa Fm, The Boardwalk, Marine Drive, Summerstrand, Port Elizabeth.
6. Should any payment due by the customer to the Company in terms of the Agreement not be made on due date or should the customer commit any other breach of the Agreement, or be placed in liquidation or commit any act of insolvency, or encumber or dispose of or attempts to encumber or dispose of the whole or substantially the whole of its undertaking, the full balance owning to the Company by the customer as at the date thereof, from whatsoever cause arising, shall immediately become due and payable without notice to the customer.
7. The Company shall not, under any circumstances whatsoever, be liable for any loss of profit or damage of whatsoever kind, whether direct or indirect, sustained or alleged to have been sustained by the customer as a result of but not limited to:-
7.1 any delay or failure in the rendering of the Services by the Company;
7.2 the Company's termination or suspension of the Agreement;
7.3 any defect whether latent or patent in the rendering of the services.
8. As security for the due and proper payment of any amount, which may be due by the customer to the Company in terms of the Agreement, the customer hereby cedes to the Company in securitati debiti all amounts that may from time to time be due to it by any of its debtors from whatsoever cause howsoever arising.
9. A certificate issued under the hand of a director or manager of the Company, whose authority it shall not be necessary to prove, shall be prima fade evidence of the amount due by the customer and such certificate shall be sufficient for the purpose of obtaining summary judgment or provisional sentence.
10. In the event of the Company consulting its legal advisors in relation to any dispute with the customer or instituting any legal proceedings against the customer in terms of the Agreement, the customer shall be liable for all legal expenses incurred by the Company calculated on an Attorney and own client scale, including collection commission, tracing charges and the like, so as to give the Company a full indemnity in respect of such costs.
11. The customer consents in terms of Section 45 Magistrate's Court Act 32 of 1944, as amended or any substitution thereof, to the jurisdiction of the Magistrate's Court in respect of any legal proceedings of whatsoever nature arising from the provisions of the Agreement provided that the Company shall be entitled in its discretion to commence any such legal proceedings in any High Court having jurisdiction.
12. No variation, alteration, amendment or cancellation of the Agreement, including this clause, shall be of any force or effect unless reduced to writing and signed by both the Company and the customer. This agreement constitutes the entire agreement between the Company and the Customer.
13. The customer shall not be entitled to withhold payment of the fee for whatsoever reason howsoever arising.
14. For the sake of clarity it is recorded that the customer shall not be entitled to cancel this Agreement, withhold payment of the fee payable by it or claim a reduction in the fees to payable in the event of the Company failing to air the Advertisement:
14.1 During prime listening times;
14.2 on more occasions than that set out in the Advertising Schedule;
14.3 Substantially in accordance with the Advertising Schedule, if such failure arises as a result of factors beyond the Company's reasonable control.
15. The Customer acknowledges that neither the Company or anyone on its behalf has given any warranties, guarantees or undertakings, expressed or implied or tacit, of whatsoever nature relating to the services to be rendered or that the said services will achieve or be suitable for any specific purpose or under any specific conditions, even though such purpose or conditions may be known to the Company. The Customer acknowledges that neither the Company nor anyone on its behalf has made any representation of any nature to induce the Customer to enter into the agreement.
16. No relaxation which either party may give in regard to the performance of the other party's obligations in terms of the agreement shall constitute a waiver of such rights unless reduced to writing and signed by such party.
17. The customer shall furnish to the Company on demand with any security the company may from time to time at its sole and absolute discretion require to secure its present / or future indebtedness to the company.