- Definitions and details
- Commencement means the commencement date indicated in the agreement.
- Lokuhle FM is an online radio station operated under Sqway Semsakato Trading (Pty) Ltd, a South Africa state-registered private company with Registration Number: 2018/55297/07 with its details on www.lokuhle.fm.
- Parties shall mean Sqway Semsakato Trading (Pty) Ltd and the Client/s.
- Client shall mean the entity/ ties cited as the party/ is entering into an agreement with Sqway Semsakato Trading (Pty) Ltd. In cases of an advertising agency/is entering into an agreement with Sqway Semsakato Trading (Pty) Ltd, the client shall be the agency acting on behalf of the advertiser. In the case of a direct client, the party shall be the advertiser itself acting on its own behalf.
- Intellectual Property Rights means patents, trademarks, service marks, trade and service names, copyrights, database rights and design rights (whether or not any of them are registered and including applications for registration of any of them), rights in know-how, moral rights, trade secrets and rights of confidence; all rights or forms of protection of a similar nature or having similar or equivalent effect to any of them which may subsist anywhere in the world at the date of this Agreement or in the future.
- Main Agreement shall mean the attached agreement detailing the specific terms, duration, campaign mechanics, investment summary, cost implications, and cancellation terms as agreed to between the Parties.
Unless inconsistent with the context, an expression in the Agreement which denotes:
- Any gender shall include the other genders
- A natural person shall include a juristic person and vise versa
- The singular shall include the plural and vise versa.
The headings to clauses of the Agreement shall not be considered a part thereof, nor shall the words they contain to be taken into account in the interpretation of any clause.
The agreement shall be construed in accordance with and governed by the laws of the Republic of South Africa and the English language version shall prevail.
- Conflict between Numerals and words
Should there be any conflict between the numerals and words, the words shall prevail.
- Schedules and Annexures
All schedules and annexures hereto shall be deemed to be incorporated herein and shall form an integral part hereof.
Where a number of days are prescribed it shall consist of all calendar days including Saturdays, Sundays, and Public Holidays and shall be reckoned exclusively of the first and inclusively of the last day; Where the day upon which any payment or other specific act is required is not a business day, the parties shall be deemed to have intended such act to be performed upon or by the first business day thereafter.
Any reference to the Client or Sqway Semsakato Trading (Pty) Ltd shall include its representatives, their successors in title, their respective agents, employees, servants, contractors, and workmen.
- Sqway Semsakato Trading (Pty) Ltd, shall at all times, retain editorial control of all material broadcast.
- All communication, terms, and conditions relating to this agreement is deemed confidential and parties are precluded from disclosing any information thereof to third parties except where required by law and with those persons with whom privileged relationships exist according to the law (i.e Legal Advisers).
- Sqway Semsakato Trading (Pty) Ltd reserves the right to refuse to broadcast any advertisement or portion thereof, that does not comply with the law of the country including the Advertising Regulatory Body’s codes and directives.
- Any and all complaints by the client broadcast of its material must be lodged with Sqway Semsakato Trading (Pty) Ltd in writing within 7 (seven) days of the first broadcast failing which, it shall be deemed that the client is satisfied with the broadcast in every respect.
- Sqway Semsakato Trading (Pty) Ltd reserves its right to interrupt scheduled programming from time to time as a result of important annual events, other breaking news as well as public holidays.
- Annual negotiated deals must be committed to in writing and signed by all parties before negotiated terms come into effect.
No staff member or immediate family member of any staff member of Sqway Semsakato Trading (Pty) Ltd or Lokuhle FM or the client or any affiliated company of either may enter the competition.