Advertising Terms & Conditions
Version: 1.1
Effective date: January 2026
These Terms apply to Advertising, Sponsorships and Promotions booked with Energy Media Group Limited trading as Energy 106.
They should be read together with the signed order, booking form, insertion order, schedule or contract relating to the Campaign, as applicable, (the Contract). If anything in these Terms is unclear, please ask your Energy 106 representative.
1. Definitions
In these Terms, the following words and phrases have the meanings set out below. The singular includes the plural and vice versa.
“Advert” means a radio spot or other commercial message delivered by us.
“Advertiser” means the party identified as such in the Contract, or otherwise any advertiser booking a Campaign.
“Advertising” means any activity booked by an Advertiser and/or Advertising Agency, including the broadcast of an Advert, that is not a Promotion or Sponsorship.
“Advertising Agency” means the party identified as such in the Contract, or otherwise the agency booking a Campaign on behalf of its Advertiser client.
“Agreement” means the agreement between you and us relating to the Campaign and comprising the Contract and these Terms.
References to “broadcast” include broadcast, streaming, transmission, publication, use or other delivery, as applicable, on all relevant Media Platforms.
“Campaign” means the content we have agreed to deliver during the Term on the Media Platform(s) as set out in the Contract, or otherwise agreed, including any Advertising, Sponsorship and/or Promotion elements such as adverts, trails, live reads, taglines, straplines, online/social content, credits, presenter mentions or other commercial references.
“Contract” means the signed order, booking form, insertion order, schedule, campaign confirmation or other contract agreed between you and us for the Campaign.
“Costs” means, where applicable, the costs specified in the Contract, including any Prize Fund and any other agreed costs.
“Data Controller”, “Data Processor”, “Personal Data”, “processing” and related data protection terms have the meanings given in UK GDPR and the Data Protection Act 2018.
“Data Privacy Laws” means all applicable UK data protection, privacy and e-privacy laws, including the UK GDPR, Data Protection Act 2018, Privacy and Electronic Communications Regulations 2003 (PECR), and the Data (Use and Access) Act 2025, each as amended, supplemented or replaced from time to time.
“Energy 106”, “we”, “us” or “our” means Energy Media Group Limited trading as Energy 106, including any permitted successors and assigns.
“Fee” means the charges payable by you to us for delivery of the Campaign as set out in the Contract or otherwise agreed.
“Group Company” means any company that directly or indirectly controls, is controlled by, or is under common control with a party from time to time.
“IPR” means all intellectual property rights, including trade marks, copyright and related rights, moral rights, performance rights, goodwill, confidential information, trade secrets, database rights, domain names and any similar rights anywhere in the world, whether registered or unregistered, including renewals and extensions.
“Media Platform(s)” means the platforms on which the Campaign may appear, including Energy 106 DAB, our website, mobile apps, smart-speaker skills, streaming platforms, Radioplayer UK, TuneIn, our official social accounts and any other platforms set out in the Contract or otherwise agreed.
“Prize Fund” means, for a Promotion, the amount you agree to pay us to source Prizes as set out in the Contract or otherwise agreed.
“Prizes” means, for a Promotion, the prizes to be supplied by you or sourced by us using the Prize Fund, as set out in the Contract or otherwise agreed.
“Promotion” means a client-associated competition, prize draw, giveaway, mechanic, listener offer or other promotional activity that may result in the awarding of a Prize.
“Promoter” means the party legally responsible for running a Promotion. The Contract may identify the Promoter.
“Sponsorship” means client association with an on-air show, feature, strand, segment, event, digital property or off-air activity.
“Term” means the period stated in the Contract or otherwise agreed.
“Terms” means these terms and conditions.
“UK GDPR” means the retained EU law version of the General Data Protection Regulation as applicable in the UK, as amended from time to time.
“you” or “your” means the Advertiser and/or Advertising Agency, as applicable and jointly and severally liable, including any permitted successors and assigns.
References to “written” or “in writing” include email, but not instant messaging, social media direct messages or SMS unless expressly agreed.
2. Agreement
2.1 You agree to pay the Fee and we will deliver the Campaign in accordance with the Agreement.
2.2 By signing the Contract, approving a booking, issuing a purchase order, confirming a Campaign by email, supplying Campaign materials, or otherwise proceeding with a Campaign, you agree to be bound by the Agreement.
2.3 All bookings and delivery are subject to:
2.3.1 our approval;
2.3.2 availability on our Media Platforms;
2.3.3 receipt of all required materials, information, approvals, clearances and payments; and
2.3.4 compliance with these Terms and all applicable laws, rules and codes.
2.4 If there is a conflict between the Contract and these Terms, the Contract takes priority.
2.5 Any purchase order or other document issued by you is for administrative purposes only and does not amend or replace the Agreement unless expressly agreed in writing by us.
3. The Campaign
3.1 Where your approval is required for content we create, we will aim to give you 5 working days to review and approve it, where practicable. Delay in approval may delay the Campaign.
3.2 Your Campaign must comply with:
3.2.1 all applicable laws, including the Communications Act 2003 and all laws relevant to the Campaign and your product or service;
3.2.2 all applicable codes, regulations and guidance, whether mandatory or self-regulatory, including the Ofcom Broadcasting Code, Ofcom rules on commercial communications in radio, the UK Code of Broadcast Advertising (BCAP Code), the CAP Code, and any applicable premium-rate, phone-paid, data protection, consumer protection, gambling, lottery, financial services, health, medicines, alcohol, food and drink, or other sector-specific rules; and
3.2.3 our technical and specification requirements notified to you from time to time.
3.3 We may need to change elements of a Campaign, including for scheduling, legal, regulatory, Ofcom, technical, editorial, operational or platform reasons. We will give as much notice as is reasonably practicable.
3.4 We may change the scheduled times, dates, placements or delivery of any part of the Campaign at our discretion. We will give reasonable notice where practicable.
3.5 If, for reasons other than your default, the Campaign:
3.5.1 is broadcast missing a material element;
3.5.2 contains a material error caused by us; or
3.5.3 does not achieve the level of impact, impressions, placement or delivery specified in the Contract,
our liability is limited, at our reasonable option, to:
3.5.4 broadcasting the missing element or elements as soon as reasonably practicable so that total broadcasts equal the shortfall;
3.5.5 providing equivalent broadcast or media opportunities of a value equal to the shortfall; or
3.5.6 providing a pro-rata refund or reduction of the Fee for the missing element or elements.
3.6 Post-Campaign Analysis, where provided, is conducted in accordance with the Energy 106 Post-Campaign Policy, available on request. Any estimates, forecasts, impacts, impressions or audience information are indicative only unless expressly guaranteed in the Contract.
3.7 Campaigns for restricted or regulated products or services, including alcohol, gambling, financial services, medicines, health products, slimming or weight control products, food and drink, products appealing to children, political material, environmental claims, comparative claims or other high-risk claims, may require additional clearance, scheduling restrictions, substantiation or refusal at our discretion.
4. Sponsorships and Promotions
4.1 From time to time we may substitute a presenter, change programme content, alter a feature or adjust programme scheduling. This will not affect your Sponsorship unless the Contract expressly states otherwise.
4.2 In rare cases we may propose moving your Sponsorship to a different show, feature, strand or slot. We will consult you first where reasonably practicable.
4.3 Where a Campaign includes Sponsorship, sponsored features, commercial references, live reads, presenter mentions, trails or similar radio programming elements, the Campaign must comply with Ofcom rules on commercial communications in radio, including requirements around transparency, editorial independence, separation from advertising, sponsorship signalling and restrictions around news and current affairs content.
4.4 Sponsorship must not influence, or appear to influence, our editorial independence, programming decisions, news judgement or regulatory obligations.
4.5 Where the Campaign includes a Promotion:
4.5.1 you will provide either the Prizes or the Prize Fund, as specified in the Contract;
4.5.2 the Contract will identify the Promoter where applicable;
4.5.3 unless stated otherwise in the Contract, the Advertiser is responsible for ensuring that the Promotion, Prizes, product or service, eligibility requirements and all claims relating to them comply with applicable law and advertising codes;
4.5.4 you must provide all information reasonably required for the Promotion, including Prize details, eligibility restrictions, entry requirements, closing dates, winner selection criteria, winner notification requirements and any limitations or conditions;
4.5.5 separate consumer-facing Promotion terms may be required and must include all significant conditions required by applicable law and advertising codes;
4.5.6 if you are providing and sending Prizes to winners, you must dispatch them so that they arrive within 21 days after the Promotion concludes, unless a different timescale is clearly stated in the consumer-facing Promotion terms;
4.5.7 if you are providing Prizes and we are dispatching them, you will deliver the Prizes to us within 10 days of the prize being won, or earlier if agreed;
4.5.8 if Prizes are not received within the above time limits, we may source equivalent or reasonable replacement Prizes and invoice you at cost, payable within 7 days of invoice; and
4.5.9 we may refuse, suspend or cancel a Promotion if we reasonably believe it may breach applicable law, advertising codes, Ofcom rules, platform rules or these Terms.
4.6 We may use premium-rate, phone-paid, SMS, app-based or other paid entry mechanisms only where lawful and compliant with all applicable Ofcom premium-rate service rules, BCAP/CAP rules, gambling and lottery laws, consumer protection requirements and any required pricing, entry, free-entry, eligibility and closing-date disclosures.
4.7 Unless expressly agreed in the Contract, we are not responsible for the manufacture, quality, safety, delivery, tax treatment or suitability of Prizes supplied by you.
5. Radio and Digital Advertising
5.1 Client-supplied Adverts must meet our technical specifications, available on request, and be fully cleared prior to broadcast.
5.2 Where required under the BCAP Code, CAP Code, Ofcom rules, industry practice or our internal policy, copy clearance must be obtained before broadcast, including via Radiocentre or any equivalent clearance body where applicable.
5.3 If clearance is required, you must supply:
5.3.1 the clearance reference or number;
5.3.2 any conditions imposed, including scheduling, scripting, production, substantiation or presentation requirements; and
5.3.3 confirmation that the clearance is current, typically no older than 6 months unless the clearance body states otherwise, including for repeat scripts.
5.4 Copy clearance does not guarantee legal or regulatory compliance. Where clearance is not required, we may carry out internal clearance before broadcast.
5.5 We cannot broadcast any Advert that:
5.5.1 has failed to obtain required clearance;
5.5.2 does not comply with any clearance conditions;
5.5.3 is the subject of an upheld ASA ruling or regulatory concern;
5.5.4 contains claims which, in our reasonable opinion, require substantiation, amendment or external clearance;
5.5.5 may expose us to legal, regulatory, reputational or operational risk; or
5.5.6 is otherwise unsuitable for broadcast or publication on our Media Platforms.
5.6 You must provide documentary evidence substantiating any claim in the Campaign promptly on request.
5.7 We may reject, remove, amend, suspend or require changes to any Campaign content at any time where we reasonably consider this necessary for legal, regulatory, editorial, technical, platform, reputational or operational reasons.
5.8 Social and digital content must be supplied to the specifications provided by our team.
5.9 Any social media posts, images, videos, online content or digital activity offered as added value are outside the scope of these Terms and are not guaranteed unless expressly stated in the Contract.
5.10 You are responsible for ensuring that all digital materials supplied by you, including URLs, landing pages, tracking links, pixels, images, claims, prices, offers and data capture mechanisms, are lawful, accurate, functional and compliant.
6. Fees, Costs and Payment
6.1 Credit accounts: If approved for credit, we will invoice monthly in arrears unless otherwise agreed, calculated on the proportion of Campaign delivered that month. We may withdraw credit at any time, in which case the outstanding Fee for the entire Campaign becomes immediately due.
6.2 Non-credit accounts: If not approved for credit, we will invoice, at our discretion, for:
6.2.1 the entire Campaign on the Agreement date;
6.2.2 a pre-payment schedule, typically 4 to 5 weeks in advance; or
6.2.3 monthly in advance for the proportion due to be delivered.
6.3 Where Costs are identified or varied after the start of the Agreement, we will seek your approval, not to be unreasonably withheld or delayed, before incurring them where practicable. Delay or unreasonable refusal may delay, alter or cancel the Campaign without affecting your payment obligation.
6.4 All Fees and Costs are exclusive of VAT, which you shall pay in addition where applicable.
6.5 Payment is due in cleared funds in GBP, without set-off, withholding or deduction, by the end of the month following the invoice date unless otherwise stated in the Contract. Time of payment is of the essence.
6.6 You are responsible for any bank charges, transfer fees, currency conversion charges or similar costs associated with payment.
6.7 If you fail to pay on time, we may:
6.7.1 refuse to broadcast, publish or deliver the Campaign;
6.7.2 immediately cease broadcasting, publishing or delivering the Campaign without liability;
6.7.3 require payment in advance for any future activity;
6.7.4 charge statutory interest and compensation for late payment where applicable; and/or
6.7.5 terminate for material breach under clause 11.2.1.
6.8 A query on an invoice item does not affect the due date for the undisputed balance.
6.9 We may set off monies we hold for you against sums you owe us.
7. Intellectual Property Rights
7.1 Neither party acquires rights in the other’s IPR by virtue of this Agreement except as expressly set out in these Terms.
7.2 Except for client-supplied content, we own the IPR in the Campaign materials we create, including scripts, production elements, audio, concepts, copy, edits, recordings, designs, promotional mechanics and related goodwill.
7.3 Our Campaign materials are for use only in the Campaign. You may not use, copy, adapt, publish, exploit or authorise others to use them independently without our prior written consent.
7.4 For client-supplied content, you grant, and will procure that any third-party owner grants, us an irrevocable, non-exclusive, royalty-free licence to use, reproduce, edit, adapt, broadcast, stream, publish, distribute and otherwise exploit such content for the Campaign, including adaptation for technical, scheduling, editorial, accessibility, regulatory or platform reasons.
7.5 You waive, and will procure the waiver of, any moral rights or similar rights to the extent necessary for us to deliver the Campaign.
7.6 We may use excerpts, stills, screenshots, recordings, campaign results and descriptions of the Campaign for our internal, archival, regulatory, case study and promotional purposes unless expressly prohibited in the Contract.
8. Limitation of Liability
8.1 Nothing in these Terms limits or excludes liability for:
8.1.1 death or personal injury caused by negligence;
8.1.2 fraud or fraudulent misrepresentation; or
8.1.3 any other liability that cannot lawfully be limited or excluded.
8.2 Except as set out in clause 8.1, all warranties, conditions and terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.
8.3 Subject to clauses 8.1 and 8.2:
8.3.1 we are not liable for loss of profits, revenue, goodwill, business, opportunity, anticipated savings, contracts or reputation;
8.3.2 we are not liable for loss or corruption of data;
8.3.3 we are not liable for indirect, special or consequential loss; and
8.3.4 our total aggregate liability arising under or in connection with the Agreement, including interest, is limited to the Fee paid or payable under the Agreement.
8.4 We are not liable for loss, damage, unauthorised use or delay relating to any recordings, scripts, copy, artwork, data, files, URLs, claims or other materials you provide.
8.5 We may delete, archive or destroy Campaign materials 3 months after the Campaign ends, unless otherwise agreed.
8.6 We are not liable for any failure, suspension, takedown, restriction, algorithmic change, account issue, platform outage or third-party platform decision affecting delivery on any digital, streaming, social or third-party Media Platform.
9. Warranties and Indemnities
9.1 You warrant and undertake that:
9.1.1 you have full authority to enter into the Agreement;
9.1.2 you own or hold all necessary rights, licences, permissions, consents and waivers for any materials you supply, and have paid all associated fees;
9.1.3 your materials will not infringe IPR or other rights;
9.1.4 your materials will not be defamatory, inaccurate, misleading, obscene, offensive, discriminatory, harmful or unlawful;
9.1.5 your materials and Campaign will not breach any law, regulation, code or guidance, including Ofcom, BCAP and CAP requirements;
9.1.6 any Prizes you provide are lawful, safe, accurately described, available, fit for purpose and compliant;
9.1.7 products and services promoted are safe, lawful, fit for purpose and compliant with applicable law and industry codes;
9.1.8 you will not use illegal fly-posting or unauthorised outdoor advertising with our name, logo or trade marks, and if you do, you will remove it immediately at your cost;
9.1.9 the Campaign is legal, decent, honest and truthful;
9.1.10 all claims in the Campaign are accurate, fair, up to date and capable of substantiation with documentary evidence;
9.1.11 all prices, offers, savings claims, availability claims and promotional claims are accurate and not misleading;
9.1.12 any data collection, tracking, targeting, profiling, direct marketing or prize fulfilment activity connected with the Campaign complies with Data Privacy Laws; and
9.1.13 you will promptly notify us of anything that may affect the legality, accuracy, clearance, delivery or suitability of the Campaign.
9.2 You will indemnify us against all claims, losses, damages, fines, penalties, regulatory action, costs and expenses, including reasonable legal fees, arising from or connected with:
9.2.1 your breach of clause 9.1;
9.2.2 your breach of the Agreement;
9.2.3 any materials, claims, products, services, Prizes or information supplied by you;
9.2.4 any Promotion for which you are the Promoter or prize provider; or
9.2.5 any third-party claim that our use of your materials in accordance with the Agreement infringes rights or breaches law.
10. Data Protection
10.1 Each party shall comply with Data Privacy Laws when processing Personal Data in connection with the Agreement.
10.2 Each party will implement appropriate technical and organisational measures to protect Personal Data against unauthorised or unlawful processing and against accidental loss, destruction or damage.
10.3 Each party is responsible for ensuring that it has a lawful basis for any Personal Data it collects, shares or processes in connection with the Campaign.
10.4 Where a party processes Personal Data as a Data Processor on behalf of the other party as Data Controller, the parties will enter into a compliant data processing agreement.
10.5 A Processor shall:
10.5.1 process Personal Data only on documented instructions;
10.5.2 not disclose Personal Data to third parties without the Controller’s written consent, except where permitted by the data processing agreement;
10.5.3 not transfer Personal Data outside the UK without appropriate safeguards and the Controller’s consent where required;
10.5.4 ensure persons authorised to process Personal Data are subject to appropriate confidentiality obligations;
10.5.5 assist the Controller with data subject rights, security, breach notification and compliance obligations where required; and
10.5.6 delete or return Personal Data at the end of the relevant services unless legally required to retain it.
10.6 If the Campaign involves competitions, prize draws, direct marketing, email, SMS, cookies, tracking pixels, profiling, audience targeting, social media targeting, custom audiences or data matching, you must ensure that all required notices, consents, opt-outs and lawful bases are in place.
10.7 Unless expressly agreed in writing, we are not responsible for your privacy notices, customer databases, consent records, marketing permissions, cookies, tracking technologies or data capture forms.
11. Termination
11.1 Either party may terminate by written notice no later than 28 days before the scheduled start of the Campaign. If you terminate under this clause, you will pay:
11.1.1 a 25% cancellation charge of the Fee; and
11.1.2 all Costs incurred up to termination.
If notice is received later than 28 days before the scheduled start, the entire Fee and all incurred Costs become immediately due.
11.2 Either party may terminate immediately by written notice if the other:
11.2.1 commits a material breach and, if remediable, fails to remedy within 14 days of written notice;
11.2.2 ceases or threatens to cease trading;
11.2.3 becomes insolvent or makes any arrangement with creditors;
11.2.4 has a receiver, administrator or similar officer appointed; or
11.2.5 being a company, is wound up other than for a solvent reconstruction, or being a partnership or unincorporated association, is dissolved.
11.3 We may, at any time and without liability, discontinue, suspend or decline to broadcast, publish or deliver the Campaign where we reasonably consider this necessary for legal, regulatory, editorial, technical, platform, reputational, operational or commercial reasons. If we do so other than because of your breach or default, we will refund any part of the Fee paid for undelivered elements.
11.4 Termination or expiry does not affect accrued rights and obligations. Clauses intended to survive termination shall continue in force, including clauses relating to payment, IPR, liability, warranties, indemnities, data protection, confidentiality and governing law.
12. Force Majeure
12.1 We are not liable if prevented, hindered or delayed from performing obligations due to events beyond our reasonable control, including law or regulatory action, power failure, technical failure, cyber incident, interruption of broadcast, telecommunications failure, platform outage, industrial dispute, severe weather, fire, flood, terrorism, war, epidemic, pandemic, national mourning or other significant events affecting programming, or failure of suppliers or subcontractors. Each is a Force Majeure Event.
12.2 If a Force Majeure Event continues for more than 1 month, either party may terminate on written notice.
12.3 We shall be entitled to payment of the Fee for all Campaign elements delivered up to the date of termination and for any Costs already incurred.
13. General
13.1 Notices must be in writing and sent by email to the addresses in the Contract, with delivery or read receipt where possible, or by hand or recorded delivery to the postal addresses in the Contract. Service is effective on receipt.
13.2 You may not assign, transfer, subcontract or deal with your rights or obligations without our prior written consent. We may assign or transfer our rights and obligations to a Group Company or successor business.
13.3 Each party will keep confidential these Terms, the Contract and any non-public information received from the other, except where disclosure is required by law, regulator, court, professional adviser, insurer, auditor, Group Company or finance provider, provided that any recipient is subject to appropriate confidentiality obligations where applicable.
13.4 If any provision is invalid, unlawful or unenforceable, the remainder remains in force.
13.5 This Agreement is the entire agreement and supersedes all prior discussions, correspondence, negotiations and understandings relating to the Campaign. Neither party relies on any statement not set out in the Agreement. Nothing limits liability for fraud or fraudulent misrepresentation.
13.6 We may vary these Terms from time to time. The version in force at the date of the Contract applies unless otherwise agreed in writing by authorised representatives.
13.7 A failure or delay to exercise a right is not a waiver. A single or partial exercise of a right does not preclude further exercise.
13.8 A person who is not a party has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.
13.9 Nothing in the Agreement creates a partnership, employment relationship, agency relationship or joint venture between the parties.
13.10 Headings are for convenience only and do not affect interpretation.
13.11 Governing law and jurisdiction: These Terms and any dispute or claim arising out of or in connection with them, the Contract, the Campaign or the Agreement are governed by the laws of Northern Ireland. The parties submit to the non-exclusive jurisdiction of the courts of Northern Ireland.
14. Registered Details
Company name: Energy Media Group Limited
Trading as: Energy 106
Company number: NI716951
Registered in: Northern Ireland
