TERMS & CONDITIONS

NxGen Radio Advertising - Terms & Conditions

The Advertiser as named in this Contract (the "Advertiser") agrees to buy radio advertising from NXGEN RADIO ("NxGen") that this Contract is subject to the following terms and conditions:

(1) The Advertiser agrees to pay for the broadcast services provided by NxGen at the rates and on the terms set out in this Contract. All amounts due at any time under this Contract are payable in advance (by the full or monthly payment options available at www.nxgenradio.com.au). All advertising packages are run on a 12 month term.

(2) NxGen reserves the right to refuse to broadcast any content and/or materials which may be deemed at its discretion to be unsuitable for broadcasting or which may contravene any applicable laws, regulations, rules, orders or policies.
(3) The Advertiser will indemnify and hold harmless NxGen, its agents, servants, directors, officers and employees against all actions, proceedings, claims, demands, liabilities, damages, costs and/or expenses including any legal fees incurred by NxGen to prosecute or defend againstany actions, proceedings, and/or claims commenced against it or threatened to be commenced against it or for any legal advice obtained for the purpose of dealing with the threatened claim, action, proceeding or demand caused or resulting from, or arising out of, the recording or broadcasting of any advertisement made pursuant to this Contract including, without limiting the generality of the above, any liability, damage, cost or expense arising from any claim or threatened claim for defamation, copyright or trademark infringement or invasion of any rights of privacy.

(4) At least 7 days prior to the commencement of broadcasting of the advertisement in accordance with this Contract, the Advertiser shall supply to NxGen all materials required by NxGen for the broadcast of the advertisement.
(5) NxGen shall not be liable to the Advertiser for damages if for reasons beyond its control (including, without limitation, any labour dispute, mechanical conditions, public emergency or necessity, a direction or order of a federal, provincial or municipal authority body or agency or an act of God, e.g. flood, earthquake) it fails to broadcast the Advertiser's advertisement in accordance with this Contract. However, NxGen shall make best efforts to provide an alternate substitute radio broadcast service by means of digital in the region to the Advertiser under similar or varied format at rates andconditions set out this Contract.

(6) This Contract is in all respects subject to all applicable federal, provincial and municipal laws, regulations, orders, directions and policies pertaining to radio broadcasting now and hereafter in force.

(7) NxGen reserves the right without notice to the Advertiser to change its programming schedule in order to broadcast another program in place of the program originally scheduled for the time period in which the Advertiser's advertisement is to be broadcast. In the event of such change, NxGen agrees to use reasonable efforts to ensure that the substitute program is of a similar quality to the originally scheduled program.
(8) NxGen reserves the right without notice to the Advertiser to change the scheduled time of any of the Advertiser's advertisements to permit the broadcast of any event of public importance. In addition, NxGen also reserves the right to pre-empt Advertiser's rotational spots, with priority given to the higher-priced and fixed program spots, if airtime is fully sold in that particular time, zone. In such event, the deferred advertisement shall be broadcast as soon as possible after the originally schedule time.

(9) For the reason of a natural disaster, flood, earthquake or an act of God, etc., NxGen will have the right to change its programming schedule and formats in any way it deems necessary in order to provide a service required at the time. In the event of such change, the contracted rates shall remain valid for the broadcast services being provided.
(10) The Advertiser shall not use any advertising material produced or otherwise prepared by NxGen, alone or in conjunction with the Advertiser, in any other radio broadcast or other form of telecommunication without prior written consent of A1. This includes, but it not limited to, written scripts, voice tracks, music tracks, and/or any combination of the disparate elements.

(11) This Contract shall be governed by the laws in force from time to time in the State of Queensland.