If you have any questions, concerns or require a more practical explanation of any of these
Terms and Conditions, you are encouraged to contact us.
Interpretation and Application
1.1 - For the purposes of these terms and conditions:
"Radio Release" means Radio Release Pty. Ltd. ACN 114 737 423;
"Customer" or "Customers" refers to any person/s, entity, or person/s on behalf of an entity, making
use, or exhibiting interest in the use of fee-based services supplied by Radio Release;
"Radio Station" or "Radio Stations" refers to any broadcaster (via radio or wireless transmission)
whether licensed or unlicensed by the Australian Communications and Media Authority, any internet or
online radio station, "webcaster", "podcaster", news or broadcasting service granted access to the Radio
Release service and any paid employee, volunteer, or any other person acting on behalf of such an entity
or broadcaster;
"Business Day" refers to any day that is not a Saturday or Sunday or a gazetted public holiday in the
state of Victoria.
1.2 - These terms and conditions apply to Customers, Radio Stations and all other person/s or entities
relating to services supplied and advertised by Radio Release.
1.3 - These terms and conditions will be enforced by legal action or any other legitimate means
entirely at the discretion of Radio Release.
1.4 Any term, phrase or condition herein that is described in the singular shall also apply in the plural
and vice versa.
Variation of Terms and Conditions
2.1 - Radio Release may alter these terms and conditions at any time, without notice. As such,
Customers and Radio Stations are advised to review these terms and conditions periodically for any
updates or recent amendments.
2.2 - Notwithstanding clause 2.1, Customers and Radio Stations are deemed to have consented to
the terms and conditions, as they are published (on this website or otherwise made available), at the
actual time of making use, or exhibiting interest in the use of services supplied by Radio Release.
2.3 - Any variations to these terms and conditions will be applied to any existing Customer booking for
which services will be provided subsequent to the amendment.
Waiver
3.1 - A waiver of any term or condition herein by a Radio Release representative must be in writing
and will not operate to prejudice Radio Release on any future occasion.
Severance
4.1 - If any of these terms and conditions is unlawful, invalid or inconsistent with any law, statute or
regulation it will be severed only to the minimum extent necessary to avoid that invalidity.
Governing Law
5.1 - Customers and Radio Stations agree that these terms and conditions will be applied according to
the laws of the State of Victoria, Australia and consent to any proceedings arising out of these terms
and conditions being instituted and heard by any appropriate court in the State of Victoria.
Service of Notice
6.1 - Customers and Radio Stations agree that service of any notices or court documents may be
effected by pre-paid post or facsimile to the last known address of Customer or Radio Station.
Payment Terms
7.1 - Unless otherwise agreed to, Customer services supplied by Radio Release must be paid for in
full prior to supply.
7.2 - Customers with a credit account approved by Radio Release must pay all fees owing before the
last business day of the month following the month in which the service was supplied.
7.3 - Customer payment is to be made by either cheque or electronic funds transfer. Credit cards will not
be accepted for payment.
Goods and Services Tax (GST)
8.1 - Customer will pay all goods and services tax (GST) applicable to services provided by Radio
Release and it is acknowledged that prices quoted by Radio Release for services are exclusive of
GST unless clearly expressed to the contrary in a written statement, invoice, advertisement or quote.
Default
9.1 - If a Customer fails to pay any fees owing to Radio Release or fails to observe or perform any of
its obligations under these terms and conditions or if the Customer breaches the terms and conditions
of any other agreement it has with Radio Release at any time, or commits any act of bankruptcy or
insolvency or ceases or threatens to cease carrying on business, then Radio Release may in addition
to any other rights or remedies it may have;
9.2 - Require immediate payment of all fees owing by the Customer to Radio Release;
9.3 - Immediately suspend or cancel the Customer's credit account;
9.4 - Recover from the Customer all costs relating to any action taken to recover fees from it, including
any legal costs and disbursements;
9.5 - Cease any further services on behalf of the Customer and terminate any agreement in relation to
services not yet supplied without incurring any liability;
9.6 - Require pre-payment before providing any further services for the Customer.
Financial Information
10.1 - Radio Release reserves the right to request financial information and/or require the provision of
bank guarantees, letters of credit or other relevant documents from the Customer.
Account Queries
11.1 - Account queries must be submitted by the Customer to the relevant Radio Release
representative before the last day of the month in which the service was supplied.
Proposed Changes
12.1 - The Customer must immediately advise Radio Release in writing of any material change in any
information provided to Radio Release as part of or in connection with services sought or supplied.
Customer Material
13.1 - The Customer will ensure that all directions and materials submitted to Radio Release shall be
entirely accurate, not contain any whole or partial untruths and comply with any applicable laws,
regulations and broadcasting codes.
13.2 - The Customer shall take full responsibility and accept full liability for all material provided to
Radio Release and, without limiting the generality, must not provide any defamatory material or
material in breach of legislation.
Customer Deadlines
The following Customer deadlines will apply;
14.1 - All text materials relating to a booking: 12.00pm (Australian Eastern Standard Time or
Australian Eastern Daylight Savings Time, as the case may be), one Business Day before the service
is supplied, or at a time mutually agreed with Radio Release.
14.2 - Recording of spokesperson audio: 3.00pm (Australian Eastern Standard Time or Australian
Eastern Daylight Savings Time, as the case may be), one Business Day before the service is
supplied, or at a time mutually agreed with Radio Release.
14.3 - Radio Release reserves the right to require full payment from the Customer for any scheduled service
which was not broadcast due, partly or solely, due to failure to meet these deadlines.
14.4 - Radio Release reserves the right to impose a penalty fee upon the Customer for any delay in obtaining
material later than these deadlines, or at a time mutually agreed with Radio Release.
Cancellation or Rejection of Booking
15.1 - Any cancellation of bookings by the Customer requires immediate notification to Radio Release,
which will only be deemed as given if confirmed in writing by a Radio Release representative.
15.2 - Radio Release reserves the right at any time to reject a Customer booking, amend, or refuse
supply of service. No explanation whatsoever shall be required.
15.3 - Radio Release, unless otherwise agreed to, will accept no more than two separate bookings to
be produced and delivered per Customer, per day.
15.4 - Radio Release reserves the right to refuse a Customer booking in order to meet the demand of
other existing Customer bookings.
Material Use - Radio Stations
16.1 - Material will generally be provided to Radio Stations free of charge or any fees. Radio Stations
will be notified on each specific occasion where a fee may otherwise be required.
16.2 - Radio Stations are permitted to use Customer material supplied by Radio Release (text, audio
or otherwise) provided it is not modified in such a way that would produce, disseminate or broadcast
that material in a manner which may misrepresent the original message or its implied intention.
16.3 - Radio Stations shall be deemed to have verified as fact all statements or any other claim
intentionally or unintentionally implied as fact that is supplied by Radio Release and later used for
broadcast. This includes all material (text, audio or otherwise) relayed on behalf of the Customer or
provided direct by Radio Release.
16.4 - Radio Stations shall strictly observe any broadcast embargo placed upon specific material
provided by Radio Release.
16.5 - Radio Stations shall use all Radio Release material (text audio or otherwise) reasonably and
responsibly, taking consideration of all current circumstances, updates, public discussion, opinion,
counter viewpoints and developments in respect of that particular matter.
Indemnity
17.1 - Customers and Radio Stations will indemnify and keep indemnified Radio Release and their
respective employees and agents against all claims, demands, proceedings, damages, costs,
expenses, losses or any other liability whatsoever arising wholly or partly, directly or indirectly in
connection with any services sought, unsought, supplied or expressly or impliedly approved by Radio
Release including but not limited to any breach of any law or regulation or for any breach of any legal,
equitable or other rights of any person, firm, corporation or entity, this includes claims of negligence.
17.2 - Radio Release shall not be held liable by any Radio Station for material (text, audio or
otherwise) disseminated on behalf of a Customer and, for the same, if subsequently broadcast. All
such claims shall be considered as strictly a matter between the Radio Station and the Customer.
17.3 - Radio Release does not endorse and hence shall be kept indemnified by Customers and Radio
Stations of any claims arising from material (text, audio or otherwise) that is relayed via Radio
Release from Customers to Radio Stations or vice versa.
17.4 - Customers shall otherwise indemnify and not hold Radio Release responsible for any breach of
these terms or conditions by Radio Stations. Likewise, Radio Stations shall indemnify and not hold
Radio Release responsible for any breach of these terms or conditions by Customers.
Liability
Neither Radio Release or its employees or agents shall be liable for;
18.1 - Non-broadcast or non-acceptance, either knowingly or unknowingly of material supplied to
Radio Stations via Radio Release on behalf of a Customer;
18.2 - The sound quality, delay or non-delivery of any matter transmitted to or from a Radio Station
or Customer by means of landline, telecommunication, electronic, online or any other delivery method;
18.3 - Copy changes or failure to broadcast arising from cancellation, default by Customer or non
compliance with these terms;
18.4 - Discrepancies or schedule variations by Radio Stations;
18.5 - Schedule variations to Radio Station programming necessitated by broadcasts of other news or events of
importance, directions of authorities or broadcasts of urgent, safety or emergency material.
Equipment Failure or Interruption
19.1 - Radio Release shall not be held liable by Customers or Radio Stations for any equipment
failure or interruption (hardware, software or otherwise) as a result of utilising Radio Release services.
19.2 - Radio Release does not warrant that its service will operate free from error or computer
viruses. Protection and remedy from such event rests solely with Radio Stations, Customers or any
other third party which knowingly or unknowingly utilises or is exposed to Radio Release services.
Copyright & Intellectual Property
20.1 - The requirements of copyright will generally not apply to material provided by Radio Release to
Radio Stations if the specific intention of that material is for broadcasting purposes. Notwithstanding,
all other requirements related to copyright and the conditions outlined herein shall apply.
20.2 - Radio Release may, entirely at its discretion, monitor, record, capture, download, reproduce,
disseminate, distribute or otherwise utilise any audio that is broadcast via radio or wireless
transmission, internet audio stream, 'webcast ' or 'podcast' from any Radio Station which has
downloaded, previewed, sourced or been supplied material (text, audio or otherwise), directly or
indirectly from Radio Release. This includes but is not limited to the original audio supplied by Radio
Release which is subsequently broadcast, any news bulletin, announcer introduction or comment,
actuality, grab, music, audio theme, jingle, advertisement or any other broadcasted content
whatsoever, either wholly or in part.
20.3 - Radio Release may publish, reproduce, disseminate, distribute, relay or otherwise utilise any
broadcasted audio from Radio Stations obtained under Clause 20.2 by any means or method,
electronic or otherwise, entirely at its discretion. This includes but is not limited to the purpose of
confirming or demonstrating broadcast of Radio Release content (text, audio or otherwise) to the
relevant Customer or to promote the Radio Release service to any other organisation, person or
Radio Station.
20.4 - Radio Stations, their staff and representatives hereby waive and shall indemnify Radio Release
of all copyright, licensing and associated fees in relation to recordings and distribution of Radio
Station audio described herein. This applies to all Radio Stations, their staff and representatives
which have knowingly or unknowingly presented, transmitted, distributed, disseminated, received,
published or broadcasted audio supplied by Radio Release that has been relayed, repeated,
distributed, shared, syndicated or received via a broadcast or computer network, or by any other
means, including under any third-party agreement or service.
20.5 - Customers must not reproduce, disseminate or distribute Radio Station audio obtained or
supplied under the conditions herein without consent from Radio Release, permission may be
withheld. Radio Stations, their staff and representatives hereby waive and shall indemnify Radio
Release of all copyright, licensing and associated fees should any Customer, person, or organisation
fail to observe this Clause.
20.6 - All intellectual property rights, including but not limited to copyright, for material provided to
Customers and Radio Stations by Radio Release or its representatives (except under the provisions
of Clause 20.1), vest entirely in Radio Release. Prior written clearance from Radio Release will be
required for any use of such material. Permission may be withheld.
20.7 - Customers and Radio Stations will keep confidential any creative or financial proposal supplied
by Radio Release and will not, unless with written clearance from Radio Release, disseminate, utilise
or exploit such a proposal.
Radio Release Trademark & Brand
21.1 - The term "Radio Release", the Radio Release logo and 'transmitting R' are official trademarks
of Radio Release Pty. Ltd. All rights reserved.
21.2 - Customers and Radio Stations will not use and will not permit the use of the Radio Release
logo, name or brand in any documentation, broadcast, program or promotional material without the
written consent of Radio Release in each specific case, permission may be withheld.
Email
22.1 - Any electronic mail (email) or communication that is drafted or sent by Radio Release or its
representatives is done so in good faith and must be treated with appropriate discretion. Any content
or attachments to such email may be confidential and contain privileged information or copyright
material. If you are not an intended recipient you must contact Radio Release immediately by return
email and then delete all associated messages. You may not otherwise forward, copy, use or disclose
the content of such email or any attachments. Unless expressly stated, confidentiality and/or legal
privilege is not intended to be waived by the sending of such email.
Radio Release Website and Other Published Material
23.1 - The Radio Release website and all other material, written or otherwise, published by Radio
Release and presented to any Customer, Radio Station or any other person or entity, intentionally or
unintentionally, is created and maintained for general information only. No information provided
therein is represented or implied to be legal, accounting, financial, investment or any other advice.
Radio Release accepts neither responsibility nor liability for, and makes no representations with
respect to the accuracy of the information published. All information and published materials supplied
or presented by Radio Release should not be relied upon in the place of legal or professional advice.
Any person relying on any information published does so at their own risk. Radio Release or its
representatives will not be liable for any loss or damage incurred as a result of any reliance on such
information or published materials.