Terms & Conditions

Our Obligations

Clearcast will provide you with up to date information on the functionality of the Site via its help and info pages, including advice and assistance on any upgrades or changes to its functionality; and use reasonable endeavours to comply with any statute, regulation or other ordinance as and when they come into force.

Your Obligations

You agree that you will only use the Site in accordance with these Terms and Conditions and shall ensure compliance with applicable laws and regulations.

You represent, warrant and undertake that you will not cause or permit anything to be done that may infringe, damage or endanger any intellectual property rights of Clearcast or any third party

Exclusion of Warranty

We try to make sure the information contained on this Site is as accurate as possible. However we give no warranty of any kind regarding the Site and/or any materials provided on the Site. Clearcast does not warrant the accuracy, completeness, currency, or reliability of any of the content or data found on this Site and to the extent permitted by Clearcast expressly disclaims all warranties and conditions, including implied warranties and conditions or merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Clearcast assumes no responsibility and shall not be liable for any damage to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site. In no event shall Clearcast be liable for any injury, loss, claim, damage, or any exemplary, punitive, indirect, incidental or consequential damages of any kind (including but not limited to lost profits or lost savings) whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with:

1. any use of this Site or content found herein
2. any failure or delay (including, but not limited to) the use of or inability to use any component of the Site
3. the performance or non-performance by www.clearcast.co.uk even if such party has been advised of the possibility of damages to such parties or any other party
4. the provision of or failure to provide services
5. any information, software, products, services and related graphics obtained through the Site.

Clearcast liability shall not be limited in the case of death or personal injury directly caused by Clearcast negligent act or omission.

Any dealings you have with third parties via the Site are your responsibility. Should a dispute arise between yourself and any third party due to use of the Site we will do our best assist its resolution but will not be responsible for any loss or damage may suffered as a result.

Affiliates/links to other Sites

We may provide links to other Sites, resources, advertisements or sponsorships either directly or through the contractual partners. Clearcast accepts no responsibility for these links and does not endorse their contents. If you decide to access other web sites, you do so at your own risk whatsoever. You shall indemnify and keep Clearcast indemnified against all actions, claims, losses, costs (including all legal costs actually incurred or otherwise), damages and expenses that are suffered or incurred by Clearcast and any affiliated or associated company or entity whether or not reasonable or otherwise foreseeable or avoidable which arise directly or indirectly from any breach or alleged breach by you of any of these Terms and Conditions.

Copyright & Trademark

The Site and each of its modules, including but not limited to text, graphics, logos, button icons, images, audio clips and software, is the property of Clearcast. None of the data or content found on the Site may be reproduced, republished, distributed, posted, sold, transferred, linked to or modified without the express written permission of Clearcast. In addition, the trademarks, logos and service marks displayed on this Site (“the Trade Marks”) are registered and nothing contained in this Site should be construed as granting by implication, estoppels, or otherwise, any license or right to use any of the Trade Marks without Clearcast’s permission (apart from press releases). All other intellectual property rights (including any patent, copyright, database rights, registered design, trade mark, trade name, know-how or industrial or intellectual property right subsisting anywhere in the world and any applications to protect any of the above) and goodwill in and relating to the Site (including all components developed and produced for the Site including the up-dates, format, art direction, look and feel and content) (the “Intellectual Property Rights”) shall be owned by and vest absolutely in Clearcast.

Should a company affiliated with us (i.e. a registered user of our system) wish to demonstrate their relationship with Clearcast, by displaying our company logo on their site, this must be done via a formal request made to communications@Clearcast.co.uk and decisions will be made on an individual basis. The placement, positioning and usage of the logo must be pre-approved by Clearcast and if, at any time, we decide we are no longer comfortable with the usage of the logo, we may ask the logo to be removed.

Severability

These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

These Terms and Conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter.

Governing Law

These Terms and Conditions shall be governed and interpreted in accordance with the laws of England and Wales.

Welcome to Clearcast’s Library platform (the “Library”). Your organisation has nominated you to be an authorised user of the Library on its behalf. These rules (the “Authorised User Rules”) set out how you may access and use the Library and any other Clearcast services that use or interface with the Library (such as our clearance, subtitling or delivery services). Please contact the organisation admin(s) at your organisation if you have any questions about these Authorised User Rules.

The Library is provided by Clearcast Limited of 4 Roger Street, 2nd Floor, London, WC1N 2JX (company no. 06290241) (also referred to as “we”, “us”, “our” and “Clearcast” in these Authorised User Rules). Each authorised user is referred to as “you”, “your” or “Authorised User”. Please read these Authorised User Rules carefully. If you don’t agree to all the rules in these Authorised User Rules, you shouldn’t, and aren’t permitted to, use the Library.

1. What the Library is for and what we will provide to you:

1.1. Your organisation and Clearcast have entered into an agreement setting out how your organisation can use the Library (a “Company Agreement”). In your capacity as an Authorised User, you may use and access the Library for the purpose(s) set out in the Company Agreement. Please speak with your organisation admin(s) if you need to check what these are. 1.2. We will endeavour to provide the Library to you for as long as: (i) we operate the Library; (ii) you comply with your responsibilities (as outlined in these Authorised User Rules); (iii) the Company Agreement is in force and has not either expired or terminated for any reason; and (iv) there is no other legal or good practical reason that prevents us from doing so. Save as set out in the Company Agreement, the Library and its contents are provided to you on an ‘as‐is’ and ‘as‐ available’ basis and, to the extent permitted by law, we exclude all warranties.

2. What the Library is not for:

2.1. Providing unauthorised access to others: The user account that you use to access the Library (“Authorised User Account”), which you may modify to keep your contact details up to date, is personal to you and cannot be used by anyone else, including within your organisation. We reserve the right to suspend your Authorised User Account if we suspect that a third party is attempting to gain access to it or if we suspect that you have shared your login credentials with anyone else. If we disable your Authorised User Account in this manner, we willsend a notification to your registered email address informing you that your Authorised User Account has been disabled and providing instructions as to how it may be restored. Your Authorised User Account will also be suspended automatically if you do not access it for three months. In either of these circumstances, we reserve the right to decide whether to restore your Authorised User Account or disable it permanently. 2.2. Uploading material that is illegal or harmful in any way or infringes third party rights: You must respect the rights of others and not upload anything to the Library that is, or could be, illegal or harmful, threatening, defamatory or obscene, or infringes any third party rights (including but not limited to intellectual property rights such as copyright and trade mark rights). If in doubt, do not upload the content onto the Library and contact us or your organisation admin(s). 2.3. Introducing any virus or spamming into the Library: Play fair. Don’t introduce any program or software into the Library that might harm or affect its security or function, or use the Library for sending unsolicited email. Please do not use the Library for phishing, fraud or other unlawful purposes. 2 2.4. Security and privacy violations: We take the security of our Library and the personal data of other Authorised Users very seriously. Don’t try to use the Library to get unauthorised access to other organisations’ advertisements (“Assets”) or their files, content or data (together with the Assets, “Submissions”), nor to deceptively obtain or misuse information about other Authorised Users or other organisations. Don’t attempt any unauthorised use, disruption, or exploitation of the Library. You must do all you reasonably can to prevent unauthorised access to, or use of, the Library through your Authorised User Account and comply with the security requirements of the Library (as set out on the Library website s which we may update from time to time). 2.5. Doing anything that is outside the scope of these Authorised User Rules or the Company Agreement: You must not develop any product or service using any part of the Library without receiving all necessary consents from us; nor use the Library to provide unauthorised services to third parties; nor license, sell or do anything else to commercially exploit the Library; nor assist a third party in gaining access to the Library. Please do not attempt to copy or reverse engineer all or part of the Library, or use the Library for the benefit of a third party (other than your organisation).

3. What happens if you don’t play by the rules or these Authorised User Rules change?

3.1. If you do not comply with these Authorised User Rules or use the Library for unauthorised purposes, we will take any steps that may reasonably be required in the circumstances to deal with the breach. These steps may include the immediate suspension of your Authorised User Account, removal of material, and any other steps we deem necessary in our sole discretion (although we’ll act reasonably in all the circumstances) to resolve or address the issue. 3.2. If we suspend your Authorised User Account, we’ll work with you to restore your access assoon as we can (although, as we’ve set out above, we reserve the right to decide whether to restore your Authorised User Account or disable it permanently). But if there’s been a breach of these Authorised User Rules by you, which we consider to be sufficiently serious or persistent and which you or your organisation are unable to remedy within thirty (30) days after having received a written warning from us requiring the breach to be remedied, we may decide to revoke these Authorised User Rules and disable your Authorised User Account permanently. In these circumstances, the permanent disablement of your Authorised User Account will take effect as soon as we have sent a written notice of termination to you or your organisation. 3.3. If these Authorised User Rules are revoked for any reason, or the Company Agreement is terminated or expires, your ability to access and use the Library will cease. In the event that your access has ceased, you are not permitted to log on or access the Library (or to attempt to do so). 3.4. Please note that we may update these Authorised User Rules from time to time. If we do, we’ll notify you of these changes and ask you to read and accept any changes to the Authorised User Rules before continuing to use the Library. Your continued access or use of the Library after you have accepted any such changes will be deemed to represent your agreement with any such changes. If at any point you are no longer able, or no longer wish to abide by these Authorised User Rules, please do not continue to use and access the Library and inform one of your organisation admin(s). After this, your ability to access and use the Library will cease.

4. What other housekeeping rules must you comply with?

4.1. You’ll need to ensure that your login name and password for the Library are kept confidential and not shared with anyone else, including other Authorised Users. You agree that, if we ask you, you’ll change your password as soon as possible. Authorised User login names must be maintained by you strictly on a “one user one username” basis. 3 4.2. You’ll need to provide us with your contact details, including email addresses and phone numbers; keep them up to date using the functionality in your Authorised User Account; and notify one of your organisation admin(s) when you leave your organisation. 4.3. If you discover a fault in the Library, please notify us at mailto:help@clearcast.co.uk 4.4. If you become aware that material has been uploaded that is illegal, harmful in any way, or might infringe third party rights, you must notify your organisation admin(s) promptly. If we discover material of this nature in the Library, we may remove it without notifying you. You must also let us know as soon as possible if you know or reasonably suspect the security of the Library has been breached, or if you are concerned that your login or password details you use to access the Library may no longer be confidential. 4.5. Please treat our staff with respect.

5. What about your privacy?

5.1. We take your privacy seriously. For full details about how we collect and use your personal data, and your data privacy rights, please see our privacy information at clearcast.co.uk/privacy-policy

6. What are the rules on protecting confidential information?

6.1. It’s extremely important that you keep any confidential information that you access through the Library or receive from us in the strictest confidence. For the purposes of these Authorised User Rules, confidential information is defined as anything that is marked as “confidential” or that could reasonably be considered to be confidential and includes, but is not limited to: (i) any confidential information relating to the business, affairs, strategies or staff of Clearcast; (ii) any third party Submissions and all other Clearcast and third party data accessible through the Library; (iii) all of Clearcast’s clearance decisions, including timing and/or content restrictions (apart from longform teleshopping advertisements, which are paid for by Clearcast’s clients); (iv) any feedback and/or comments that we make on the Library in response to our clients’ Submissions; (v) any feedback from our consultants held on the Library on claims and/or evidence submitted to support claims made in relation to Submissions; and (vi) the terms of these Authorised User Rules. 6.2. These confidentiality obligations will also not apply to any confidential information that is in the public domain (other than through your fault), information that you developed independently, information that either of us is required to disclose for a valid legal reason, or information that either of us received independently from a third party which isn’t in breach of these Authorised User Rules. You may share the confidential information you receive from us with your organisation as needed for the purposes of the Company Agreement. 6.3. Where an advertising company (your “Client”) has instructed your organisation to submit an Asset(s) to us for clearance, you may share clearance data and information relating to that Asset with your Client, but only on the basis that your organisation ensures that the Client protects this confidential information and prevents unauthorised disclosures to any third party. You may also share confidential information in relation to your Submissions that you access (or that is provided to you) via the Library with your Client(s) and any other third parties (such as post houses) with whom you need to disclose such confidential information in order to complete the clearance process for the relevant Asset(s). However, your organisation will remain fully liable and responsible for such disclosures and any misuse, or unauthorised disclosure, of any such information by such Client(s) and third parties. Your organisation must ensure that it has a confidentiality agreement in place with such Client(s) and third parties prior to you disclosing such information. 4 6.4. For our part, Clearcast has agreed in the Company Agreement to keep confidential your and your organisation’s confidential information.

If you have any concerns about the Library or these Authorised User Rules please contact your organisation admin(s) and we will work with you to resolve them.

Your Privacy

We will always respect your privacy and any personal communication between you and ourselves. We do not trade, rent or sell your details to any third parties. Should our intentions change it will be done only with your authorisation. We will always comply with any data protection legislation currently in force.

If you have registered your interest with Clearcast and/or any of our associated companies, and thereby given your consent, you may be contacted with relevant promotions, offers or information that you have expressed an interest in or that might be of interested to you. If at any time you wish us to stop contacting you then contact us.

For cancellations:

Cancellations can be made more than 7 working days prior to the course date, 80% of the course fee will be refunded minus a 20% administration fee. Cancellations must be submitted in writing to training@clearcast.co.uk

Bookings cancelled less than 7 working days before the course date cannot be refunded.

For amendments (name changes or date changes):

Bookings can be amended (delegate name/course date change) free of charge, more than 7 working days before the course date. Bookings cannot be altered within 7 working days of the course.

To amend a course booking, details should be sent to training@clearcast.co.uk as soon as possible.

For access to a webinar:

Webinar training sessions are hosted via Zoom. An internet connection is required to access the webinar.

Webinar training sessions and recordings are to be viewed by registered attendees only; you must not share your screen, or share your invitation link, with any third party who has not paid to be part of the webinar training session.

The webinar content must under no circumstances be recorded, reproduced, republished, downloaded, made available to others, or otherwise used in any way except for your own personal use

All reasonable efforts will be made to ensure that the webinar training session takes place on the advertised date and time. In the event that the webinar does not take place, an alternative date/time will be scheduled.

Clearcast reserve the right to record webinars to use in future promotions. By joining a session, you automatically consent to such recordings.

If you do not consent to the recording, please contact training@clearcast.co.uk to discuss your concerns in good time prior to the webinar.

Please be aware of the follow system requirements and supported systems to ensure that you can access the webinar:

For Certificate Courses:

Attendance of at least 50% of the course duration is required to attain the Course Certificate.

System requirements:

• An internet connection – broadband wired or wireless (3G or 4G/LTE)
• Speakers and a microphone – built-in or USB plug-in or wireless Bluetooth
• A webcam or HD webcam – built-in or USB plug-in
• Or, a HD cam or HD camcorder with video capture card

Supported operating systems

• macOS X with macOS 10.7 or later
• Windows 10
• Note: For devices running Windows 10, they must run Windows 10 Home, Pro, or Enterprise. S Mode is not supported.
• Windows 8 or 8.1
• Windows 7

Supported tablet and mobile devices

• Surface PRO 2 or higher running Win 8.1 or higher
  Note: For tablets running Windows 10, they must run Windows 10 Home, Pro, or Enterprise. S Mode is not supported.
• iOS and Android devices

Supported browsers

• Windows: IE 11+, Edge 12+, Firefox 27+, Chrome 30+
• Mac: Safari 7+, Firefox 27+, Chrome 30+

Processor and RAM requirements

Processor

• Minimum: Single Core 1Ghz or Higher
• Recommended: Dual Core 2Ghz or Higher (i3/i5/i7 or AMD equivalent)

RAM

• Minimum: N/A
• Recommended: 4Gb

Bandwidth requirements

Recommended bandwidth for webinar attendees:

• For 1:1 video calling: 600kbps (down) for high quality video and 1.2 Mbps (down) for HD video

Delivery 

• This Addendum will apply only if you have requested to receive the Clearcast Delivery Services. This Addendum is subject to the terms of, and is incorporated in, the Additional Services Terms. In addition, the following expressions in these Delivery Conditions shall have the following meanings:

• All terms defined in the Additional Services Terms (and/or the Library Terms) will have the same meaning in this Addendum.

• In consideration for the Delivery Fees and subject to your, and your Authorised Users’, compliance with the Library Conditions of Use and the Additional Services Terms, Clearcast will provide the Clearcast Delivery Services on the terms and conditions of this Agreement in order to enable you to make arrangements for the delivery of Assets to Publishers via the Library. In respect of each Delivery, your company will decide whether to:

• instruct Clearcast to deliver the Asset to the Destination; or
• allow the Publisher of the Asset to Pull the Asset from the Library to the Destination.

• If you instruct Clearcast to deliver the Asset to a Destination, Clearcast will, subject to the terms and conditions of these Additional Services Terms (including the requirement for the Ad to meet Clearcast’s technical requirements):

• deliver the Asset to the Destination you have selected within the timescales set out in the SLA; and
• not make your Submissions available to Publishers where we do not have permission to do so.

• You acknowledge and agree that if a Publisher chooses to Pull an Asset in accordance with Clause 1.3(ii), Clearcast shall not be responsible for, and have no liability to you for, any failure by the Publisher to pull the Asset or to deliver the Asset to a Destination by a particular time, nor for any missed airtime or delayed Delivery (“Publisher Failure”). If there is a Publisher Failure, you acknowledge that this is a matter between you and the Publisher only, not Clearcast.

• Clearcast shall in its sole and absolute discretion determine the method of Delivery for the relevant Asset if it deems that the Asset cannot, for any reason, be delivered digitally to the Destination within the timescales instructed.

• You acknowledge and agree that you will be solely responsible for:

• ensuring that the Assets comply with Clearcast’s Codec Specifications and the relevant Publisher(s)’ technical specifications and requirements. You acknowledge and agree that Clearcast will not be able to Deliver any Assets which do not comply with any applicable requirements (and that Clearcast will have no liability to you for such non-Delivery);
• ensuring that your Assets and other Submissions are delivered to Clearcast in sufficient time to meet Publisher requirements and scheduling (taking into account the time needed for Clearcast to provide the QC Services and any Additional Services requested in advance of Delivery). Clearcast shall not be liable to you for any surcharge levied on you by a Publisher for any failure by you to meet such requirements;
• the payment of all air time fees and charges payable to any Publisher including without limitation cancellation fees and late copy surcharges unless the surcharge is imposed due to a failure by Clearcast to deliver an Asset on time in circumstances, provided that you have complied with your obligations under this Clause 1.7.

• You warrant to Clearcast that you have you or have procured the grant of all necessary rights, consents and permissions in your Submissions to:

• enable Clearcast to store the Assets and deliver them to Publishers and provide the Delivery Services; and
• make the Assets available to Publishers to Pull your Assets out of the Library for broadcast.

• Your company will indemnify on demand, and keep fully and effectively indemnified, Clearcast from and against any liability, losses, damages, costs (including legal fees) and expenses of any nature incurred by Clearcast directly or indirectly arising from any claim made against Clearcast:

• by a Publisher or any third party in relation to any Publisher Failure; and
• in respect of a breach of Clause 8.

• Clearcast shall provide the Delivery Services with reasonable skill and care and procure that the Delivery Services will be performed by reasonably skilled individuals.
• The delivery cap applies to when an order is placed not to subsequent delivery of the same clock to new destination.

Redelivery applies when the same clock is required to the same destination.

Subtitling 

• This Addendum will apply only if you have requested to receive the Subtitling Services. This Addendum is subject to the terms of, and is incorporated in, the Additional Services Terms. In addition, the following expressions in this Addendum shall have the following meanings:

• All terms defined in the Additional Services Terms (and/or the Library Terms) will have the same meaning in this Addendum.

• In consideration for the Subtitling Fees and subject to your, and your Authorised Users’, compliance with the Library Conditions of Use and the Additional Services Terms, Clearcast will provide the Subtitling Services on the terms and conditions of this Agreement.

• Subtitling Services

• The Subtitling Services may comprise:

• Clearcast’s in-house service providing Subtitles in respect of an Asset then Delivering such Subtitle File along with the Asset (“In-House Subtitling”); or
• Clearcast procuring Subtitles from a Subtitling Supplier on behalf of your Company then Delivering such Subtitle File along with the Asset (“Subtitling Procurement”); or
• Clearcast Delivering, along with the relevant Asset, a Subtitle File that your Company has obtained from a Subtitling Supplier other than Clearcast (“Direct Dealing”).

• Your Company may only request Subtitling Services in respect of an Asset where it chosen to use Clearcast Delivery in respect of that Asset.

• All requests for Subtitling Services must be placed via the Library.

• Subtitling Services process and obligations

• Where your Company has requested In-House Subtitling or Subtitling Procurement, the relevant Asset will be sent to Clearcast’s in-house team or to the Subtitling Supplier (as appropriate) after the QC Services have been performed and the Asset has been deemed to comply with Clearcast’s technical requirements.

• Clearcast will use reasonable endeavours, to the extent practical, to procure that all Subtitles produced via In-House Subtitling and via Subtitling Procurement comply with the Subtitling Style Guide.

• All Subtitle Files will be Delivered in a format that has been tested and approved for broadcast by the relevant Publisher.

• Clearcast shall provide the Subtitling Services with reasonable skill and care and procure that In-House Subtitling and Subtitling Procurement Services will be performed by reasonably skilled individuals.

• Your Company acknowledges and agrees that, provided Clearcast has Delivered the Subtitle File, it cannot be responsible or liable for ensuring that the Subtitles are broadcast by the Publisher(s).

• Turn-around times

• Subtitle Files produced via Procured Subtitling will be available for Delivery within the timescales set out in the Additional Services Appendix Order Form.

• Where Clearcast is providing In-House Subtitling, the Subtitle File will be available for Delivery in accordance with the timescales set out in the Additional Services Appendix Order Form. The period for calculating the turnaround time will commence either upon Clearcast’s receipt of the relevant request or the completion of the steps set out at 3.1 above, whichever is the later.

Tv Admin

• This Addendum will apply only if you have requested to receive the TV Admin Services. This Addendum is subject to the terms of, and is incorporated in, the Additional Services Terms. In addition, the following expressions in this Addendum shall have the following meanings:

• All terms defined in the Additional Services Terms (and/or the Library Terms) will have the same meaning in this Addendum.

• In consideration for the TV Admin Fees and subject to your, and your Authorised Users’, compliance with the Library Conditions of Use and the Additional Services Terms, Clearcast will provide the TV Admin Services during the TV Admin Term on the terms and conditions of this Agreement.

• TV Admin Services

• The TV Admin Services may comprise any or all of the following services:

• UK Clearance Services:
  1. registration on Clearcast’s CopyCentral system;
  2. arranging for Asset clearance via CopyCentral as required by applicable law, Self-Regulatory Organisations and/or by the Media Owner;
  3. uploading Submissions to CopyCentral; and
  4. facilitating the clearance process by liaising with clearance executives and the Company;

• Subtitling and localisation:
  1. arranging for the translation of an Asset or one or more Submissions, for international Assets are required in the UK (or vice versa); and
  2. arranging for the subtitling and delivery of an Asset;

• Delivery and Copy Rotations:
  1. management of delivery orders to UK and international destinations; and
  2. management of Copy Rotations in the UK and internationally via appropriate mechanisms; and

• Ad Hoc services: providing any other services as agreed between the Parties from time to time.

• The Management of Copy Advice Services may comprise any or all of the following:

• obtaining fee quotes from the applicable Self-Regulatory Organisation(s), relevant regulatory experts and/or Media Owner in respect of Copy Advice or Clearance services required by the Company. In each case, the Company will set out in an Instruction the scope of the Copy Advice required, the relevant media and territories in which the Asset is intended to be displayed or made available, and any additional information that Clearcast may reasonably require. Clearcast will promptly provide any such fee quotes to the Company;

• engaging the Self-Regulatory Organisation(s), relevant regulatory expert(s) or Media Owner(s) on behalf of the Company or its client to proceed with the provision of the required Copy Advice or clearance;

• collating the Copy Advice or clearance received from a Self-Regulatory Organisation, relevant regulatory experts and/or Media Owner in its original form and forwarding such Copy Advice to the Company in any form reasonably required by the Company; and

• managing the invoices received from the Self-Regulatory Organisation(s), relevant regulatory expert(s) or Media Owner(s) for the fees incurred in respect of the Copy Advice provided (“Regulator Fees”), and paying such Regulator Fees on behalf of the Company, provided that:
  1. the Company accepts and agrees that the Regulator Fees shall be separate from, and additional to any TV Admin Fees; and
  2. the Company shall reimburse Clearcast upon demand for all Regulator Fees paid on its behalf.

• Request for services
  • The Company shall submit each Instruction to Clearcast in writing unless the parties have expressly agreed otherwise.

• The Company shall provide all information reasonably requested by Clearcast in order to supply the TV Admin Services in accordance with the Instruction and shall ensure that such information is true and accurate in all material respects.

• TV Admin Services
  • Clearcast will provide the TV Admin Services during Working Hours. Where the Company requests Clearcast to provide any TV Admin Services outside Working Hours, there may be additional fees payable by the Company, such fees to be agreed between the Parties. For the avoidance of doubt, if Clearcast is not able or willing to provide the TV Admin Services outside Working Hours or if the Parties are unable to agree the additional fees, Clearcast shall be under no obligation to provide the TV Admin Services outside Working Hours.

• Clearcast shall ensure that the TV Admin Services are carried out by personnel who are appropriately and adequately trained exercising due care and skill and according to good practice in the industry.

• Except as set out in this Agreement or otherwise agreed in writing between the Parties, Clearcast shall not act in any way which will incur any liabilities on behalf of the Company or pledge the credit of the Company.

• Clearcast shall comply with all reasonable and lawful instructions of the Company from time to time and shall not enter into any contracts as agent of the Company whereby the Company will be a principal without the express, written authority of the Company on each occasion.

• Obligations
  • The Company shall:
    • ensure that all Instructions are materially complete and accurate; and
    • provide to Clearcast, promptly upon request, all necessary documents, information and materials required by it or by a Self-Regulatory Organisation, relevant regulatory expert or Media Owner in connection with the provision of the Management of Copy Advice Service.

• Deadlines may vary depending on the TV Admin Service requested and the country or countries requested for. Clearcast will use its reasonable endavours to provide deadlines for the submission of Instructions with complete documentation for legal or copy advice, or clearance and obtain the required Service within these Deadlines. All Instructions for Management of Copy Advice Services or Clearance should be delivered to Clearcast allowing sufficient time to meet the Deadline. Clearcast will as part of the quote provide advice on the likely timing for the delivery of the Service.

• Payment
  • Clearcast will raise invoices for the TV Admin Services as follows, unless otherwise agreed:
    • an invoice for a One‑off Service will be raised on completion of that One-off Service;
    • invoices for On-going Services for Business Affairs will be raised at the end of each month, for Services provided during that month; and
    • subject to Clause 2.2(iv)(b), invoices for approved third party fees will be paid by the Company as agreed by the parties in writing.

• The Company acknowledges and agrees that Clearcast shall not be responsible for making any payments for or on behalf of the Company unless expressly stated in the Instructions accepted by Clearcast. Clearcast shall, however, be responsible for making payments to third party suppliers that are offered as a part of Clearcast’s Services (such as, but not limited to, subtitling of Advertisements, post-production, UK and international Clearances, and expert consultants).

• Liability
  • Clearcast shall not be held liable to the Company for any losses whatsoever which arise from:
    • any breach by the Company of this Addendum (including any failure by the Company to submit materials within the agreed timescales in order to meet any Deadlines); and/or
    • any mistakes appearing in any documentation produced by Clearcast as part of the TV Admin Services that are as a result of:
      1. any Instructions provided to Clearcast by the Company; or
      2. any information or documentation provided to Clearcast by a Company Supplier.

• Without prejudice to any of Clearcast’s other rights or remedies available under this Agreement or at law, the Company shall reimburse Clearcast immediately on demand for any late submission fees or other charges paid by Clearcast that were imposed by a Media Owner, clearance body (including Clearcast’s copy clearance charges for late clearance) or Self-Regulatory Organisation for failure to meet any Deadlines or requests where such failure is attributable to any breach by the Company of this Agreement.

• Clearcast can coordinate the clearance and submission processes but is not liable for ensuring or guaranteeing that any particular Asset may be broadcast in accordance with applicable law, regulation, or the code of any Self-Regulatory Organisation.

Fast Track

1. The cost of this service is £550 + VAT (20%).
2. Submissions will be handled directly by the Clearcast Fast Track manager, not by an agency’s usual Clearcast contact.
3. Some submissions with certain types of claim or which raise contentious points could require further discussion within Clearcast or with an external technical consultant. Therefore not all submissions will be suitable for Fast Track feedback. All submissions will be assessed for Fast Track suitability when first submitted. There will be no charge if it is decided that a submission is not suitable for Fast Track, and the work will be transferred to the appropriate Clearcast contact for handling in the normal way.
4. Normal Clearcast copy clearance requirements apply. This means that a submission will be checked against the BCAP code (or CAP code for VOD-only approval). Agencies will be advised on anything likely to be unacceptable or a problem e.g. on grounds of offence or harmful emulation. Under the BCAP code substantiation will be required for claims. Advice will be given on the wording of any necessary legal supers.
5. Feedback will be given within 1 working day. I.e. if a submission is made at 2pm on Monday, feedback will be received by 2pm on Tuesday. If a submission is made at 4pm on a Friday, feedback will be received by 4pm the following Monday.
6. Submissions can be Fast Tracked at any point – script, rough cut, or final clock – even if previous stages have been completed without Fast Track.
7. Payment is once per advert. I.e. if an agency has paid for a script to be Fast Tracked, there is no need to pay again for the video to be Fast Tracked.
8. Bulk discounts may apply depending on the nature of the submissions. In the case of parent and child clock submissions, there is only one charge for the parent submission with no extra charges for children.
9. The service is open for short-form submissions intended to be shown on a channel or service for which we clear broadcast ads. Please see our Help Desk for a list of the channels and services we cover.

2-Hour TVC 

1. 2 Hour TVC guarantees approval of a final TVC submission within 2 hours of upload.
2. 2 Hour TVC is available only on final TVC submissions where a rough cut submission is already approved. The rough cut must be fully approved on the Clearcast system. Please provide the submission number of the rough cut when uploading the TVC submission.
3. 2 Hour TVC is available for TVCs uploaded from 9am to 4pm, Mon-Fri (excluding bank holidays and other days when Clearcast is closed).
4. If a TVC is uploaded for the 2 Hour TVC service outside of these times, the 2hr turnaround will start at 9am on the following working day.
5. 2 Hour TVC costs £1100+VAT per clock.
6. If the rough cut was not Fast Tracked, then the agency will be invoiced for one charge of £1100+VAT. If the rough cut was Fast Tracked, then the agency will see two separate charges; £550+VAT for the Fast Track preproduction, and a further £550+VAT for the 2 Hour TVC.
7. Unlike standard Fast Track, there are no discounts for ‘child’ versions. E.g. with regular Fast Track, we would clear an ad saying a film is ‘Coming soon’ and the same ad saying the film is ‘Out now’ for just one Fast Track charge. With 2 Hour TVC, they would be a separate charge.
8. If a TVC is uploaded for 2 Hour TVC when there is not an approved rough cut submission, then the TVC will be treated as a standard 24 hour Fast Track submission for a charge of £550+VAT. If the submission is not suitable for Fast Track it will be reallocated to the regular service and no charge will apply, as with regular Fast Track suitability assessment.
9. Submissions made for the regular clearance service or 24 hour Fast Track cannot be moved over to the 2 Hour TVC service after they have been uploaded.
10. The service is open for short-form submissions intended to be shown on a channel or service for which we clear broadcast ads. Please see our Help Desk for a list of the channels and services we cover.