May 23rd, 2018
1.1 In these Terms the following definitions apply:
“Broadcast RF” means Broadcast RF Limited (Company Registration 3640089) whose registered address is Gemini House, Unit 14 Orbital One, Green Street Green Road, Dartford, Kent, DA1 1QG.
“Contract” means any contract between Broadcast RF and the Hirer which incorporates the Terms.
“Delivery Location” means the delivery address specified by the Hirer or by the Hirer collecting the Equipment from Broadcast RF’s premises on a date agreed with Broadcast RF.
“Equipment” means the equipment set out in the Quote including all replacements, renewals, parts, accessories and additions thereto which Broadcast RF is to supply in accordance with these Terms.
“Hirer” means the company, firm or person(s) specified in the Quote hiring the Equipment.
“Hire Period” shall commence on the date that the delivery is completed pursuant to clause 6.1 and shall end on the date which the Equipment is returned to Broadcast RF.
“Order” means the order placed by the Hirer for the Equipment set out in the Quote.
“Price” means the price of the Contract.
“Quote” means the quotation provided by Broadcast RF for the hire of the Equipment.
“Terms” means the terms and conditions set out in this in this document and includes any special terms agreed in writing between the Hirer and Broadcast RF.
1.2 In these Terms:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality).
(b) a reference to a party includes its personal representatives, successors or permitted assigns.
(c) a reference to a statute or statutory provision includes any amendment or re-enactment and subordinate legislation as amended or re-enacted.
(d) any phrase introduced by the terms such as including, include, in particular or any other similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
(e) a reference to writing includes faxes and emails.
2. Basis of the Hire
2.1 The Order constitutes an offer by the Hirer to hire the Equipment in accordance with the Terms.
2.2 The Order shall only be deemed to be accepted on the earlier of either:
(a) Broadcast RF issues a written acceptance; or
(b) Broadcast RF doing any act consistent with fulfilling the Order at which point and on which date the Contract shall come into existence.
2.3 Broadcast RF shall hire the Equipment set out in the Quote subject to these Terms which shall govern the hire agreement between the parties to the exclusion of any other terms except any variation agreed in writing and signed by the authorised representatives of Broadcast RF and the Hirer.
2.4 The Contract constitutes the entire agreement between the parties and the Hirer acknowledges that they have not relied on any statement, promise, advice, recommendation or representation made by Broadcast RF or its employees regarding the storage, application or use of the Equipment which is not set out in the Contract save for any variation agreed pursuant to clause 2.3.
2.5 Any Quote shall not constitute an offer and shall be construed in any way as binding upon Broadcast RF.
2.6 The description of the Equipment and any specification for it shall be set out in the Quote and in the absence of the Equipment or any part of it Broadcast RF shall be free to provide any alternative they deem suitable or cancel the Order.
2.7 Broadcast RF will use reasonable efforts to ensure Equipment is in good working order on delivery and of satisfactory quality and that any onsite technical services supplied by Broadcast RF will be provided using reasonable care and skill by persons of appropriate competence and training and in accordance with these Terms.
3.1 The Hirer shall be responsible to Broadcast RF for ensuring the accuracy of any Order (including any applicable specification) submitted by the Hirer.
3.2 No Contract can be cancelled by the Hirer without the signed and written agreement of an authorised representative of Broadcast RF and provided that the Hirer shall indemnify Broadcast RF in full against all loss (including loss of profit), costs (including the cost of all labour and materials), damages, charges and expenses incurred by Broadcast RF as a result of cancellation.
4.1 The Price for the Equipment shall be set out in the Quote or where no Price has been given or such quoted rate is no longer valid the Price shall be determined in accordance with the rate listed in Broadcast RF’s published rate card, available on its website, current at the date of the Contract.
4.2 The Price contained in the Quote shall be valid for a maximum of 28 days from the date of the Quote and upon expiry Broadcast RF reserves the right to issue a new Quote.
4.3 Broadcast RF reserves the right by giving written notice to the Hirer at any time before delivery of the Equipment at the Delivery Location, to increase the Price of the Equipment to reflect any increase in costs to Broadcast RF which is due to any factor beyond the control of Broadcast RF (such as, without limitation, alteration of duties, significant increase in the cost of labour, materials or other costs), any change in delivery dates, quantities or specifications for the Equipment which is requested by the Hirer or any delay caused by any instructions of the Hirer or failure of the Hirer to give Broadcast RF adequate information or instructions.
4.4 The Price contained in the Quote is exclusive of any applicable value added tax (“VAT”) and where any taxable supply for VAT purposes is made the Hirer shall upon production of a VAT invoice be liable to pay to Broadcast RF such additional amounts in respect of VAT.
4.5 The Hirer shall indemnify Broadcast RF in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties, and legal and other reasonable costs and expenses) incurred in delivering the Equipment to the Delivery Location which is deemed by Broadcast RF or it employees or agents to be inaccessible for the purposes of completing the delivery or unsuitable for the use of the Equipment.
5.1 If the Hirer has a credit account the Hirer shall pay each invoice submitted by Broadcast RF:
(a) within 30 days of the date of the invoice; and
(b) in full and in cleared funds to a bank account nominated in writing by Broadcast RF; and
(c) time shall be of the essence for payment of each invoice.
5.2 If the Hirer does not have a credit account then payment of Price contained in the Quote must be made in full and in cleared funds to a bank account nominated in writing by Broadcast RF prior to delivery of the Equipment at the Delivery Location.
5.3 The Hirer shall pay all amounts due under the Contract in full without any deduction or set off or counterclaim. Broadcast RF, without limiting its other rights or remedies, set off any amount owing to it by the Hirer against any amount payable by Broadcast RF to the Hirer.
5.4 If the Hirer fails to make any payment due to Broadcast RF then without limiting any other rights or remedies, Broadcast RF may:
(a) terminate the Contract pursuant to clause 15
(b) suspend any further deliveries to the Hirer due under any other Contract
(c) may authorise its employees or agents to enter the Hirer’s premises or location of the Equipment without the Hirer’s express consent to take possession of the Equipment and the Hirer shall indemnify Broadcast RF in full for any costs, expenses and/or charges incurred in recovering the Equipment.
5.5 Without limiting any other right or remedy of Broadcast RF, if the Hirer fails to make any payment due under the Contract Broadcast RF shall have the right to charge interest on the overdue amount at the rate of 8% per annum above the then base rate of Barclays Bank Plc or such other clearing bank nominated by Broadcast RF accruing on a daily basis from the date the payment fell due until the actual payment of the overdue amount, whether before or after judgment together with statutory compensation pursuant to the Late Payment of Commercial Debts (Interests) Act 1998.
6.1 Broadcast RF shall deliver the Equipment to the Delivery Location and upon arrival at the Delivery Location the delivery shall be deemed completed.
6.2 Broadcast RF shall ensure that each delivery of the Equipment shall include a delivery note setting out the date of the Order and the details of the Equipment provided by Broadcast RF which must be signed by the Hirer or its authorised representatives to acknowledge receipt.
6.3 The Hirer is responsible for inspecting the Equipment upon delivery and by signing the delivery note the Hirer or its authorised representative accepts that the Equipment is of satisfactory quality and fit for purpose.
6.4 Any failure or refusal by the Hirer to sign the delivery note shall be deemed as acceptance by the Hirer that they have inspected the Equipment and it is of satisfactory quality and fit for purpose.
6.5 Any damage to the Equipment on delivery must be noted by the Hirer or its authorised representative on the delivery note. If the Hirer does not provide such notice, the Hirer shall not be entitled to reject the Equipment and Broadcast RF shall have no liability for any defect or failure of the Equipment and the Hirer shall be bound to pay the full amount due under the Contract.
6.6 Any dates quoted for delivery of the Equipment are approximate only, and the time of the delivery is not of the essence and cannot be made so. Broadcast RF shall not be liable for any failure or delay in delivery is caused by the Hirer’s failure to provide adequate delivery instructions or any other instructions that are relevant for the delivery of the Equipment or any of the events set out in clause 17.7.
7. Risk and Property
7.1 The risk in the Equipment shall pass to the Hirer on delivery.
7.2 Title to the Equipment shall not pass to the Hirer and the Hirer must not sell, sub-let, dispose of and the Hirer must keep the Equipment in its possession and control and free from any lien, charge or encumbrance so that Equipment shall at all times remain the property of Broadcast RF or its legal owner.
8. Hirer’s Obligations
8.1 It is the Hirer’s responsibility to ensure the Equipment is in full working order before taking into use and to notify Broadcast RF immediately of any repair or maintenance required to Equipment and not to permit such repair or maintenance other than by Broadcast RF or with its authority.
8.2 The Hirer must notify Broadcast RF immediately of any inherent defect in the Equipment and return it to Broadcast RF in order to repair or replace the same in accordance with any warranty or guarantee provided by the manufacturer of the Equipment.
8.3 The Hirer must immediately but in any event within 48 hours inform Broadcast RF of any failure of, damage to or loss of the Equipment.
8.4 The Hirer shall not make any modifications to the Equipment, dismantle the Equipment nor remove from the Equipment any notice, bar code or serial number without the prior written consent of Broadcast RF.
8.5 The Hirer shall ensure that the Equipment is used by a competent person or persons for its proper purpose and in accordance with any operating safety or manufacture’s instructions supplied with the Equipment and the Hirer shall not permit the Equipment to be used in any hazardous or dangerous manner and shall take all reasonable care of Equipment to ensure its safety and security.
8.6 The Hirer shall ensure that all PAT and any other form of electrical testing of the Equipment is carried out prior to its use.
8.7 The Hirer shall ensure that whilst the Equipment is in the Hirer’s possession the Equipment is stored in accordance with any operating safety or manufacture’s instructions supplied with the Equipment.
8.8 The Hirer must permit or procure access for Broadcast RF its employees or agents to any location where the Equipment is being stored or used in order to inspect remove or repair the Equipment and immediately upon request inform Broadcast RF of the location of the Equipment if the same is not the Delivery Location.
8.9 The Hirer shall take all reasonable steps to safeguard the health, safety and welfare of Broadcast RF’s employees or agents while onsite with the Equipment and to induct and provide Broadcast RF with copies of all relevant risk assessments and other health and safety documentation.
8.10 The Hirer must obtain and maintain all necessary frequency licences, permits, permissions and consents required for the possession and use of the Equipment in any jurisdiction. On request Broadcast RF may apply for frequency licences within the UK on behalf of the Hirer. This will be subject to an additional cost and administration fee. (please see Appendix A for more information on Frequency Licences). Broadcast RF reserve the right to check any licences before the equipment is delivered.
8.11 The Hirer must provide Broadcast RF with prior written notice of its intention to take the Equipment outside the United Kingdom and the Hirer must arrange any necessary customs clearances and comply with all applicable import/export regulations in addition to a frequency licence.
8.12 If the Hirer takes the Equipment outside the United Kingdom, pursuant to clause 8.9, the Hirer shall be solely responsible for any tax liability (whether such liability occurs as a result of either direct tax or indirect tax) that is incurred and the Hirer agrees to indemnify Broadcast RF in full against such liability and shall pay Broadcast RF on demand a sum equal to any payment made by Broadcast RF to the relevant tax authority and any cost or expense incurred in payment of such levy.
8.13 The Hirer shall indemnify Broadcast RF for the full cost of any repair to any damaged Equipment or the full replacement value for any Equipment which is lost or in the view of Broadcast RF is uneconomical to repair and for any consequential loss to Broadcast RF arising out of such loss or damage.
8.14 During any period in respect of which the Hirer has not already paid to Broadcast RF any hire charges for Equipment which is lost or damaged, until such lost or damaged Equipment is replaced or repaired the Hirer shall pay Broadcast RF in full for the loss of use of the lost or damaged Equipment at a rate equivalent to the current hire charges charged by Broadcast RF for such equipment.
9. Equipment Support
9.1 If the Hirer has requested and Broadcast RF have agreed to the same, Broadcast RF shall repair and maintain the Equipment at its current location subject to clauses 8.6 and 8.7 and where necessary shall provide a replacement which is of similar specification as set out in the Quote and any such replacement shall be subject to these Terms.
9.2 Broadcast RF’s obligation under clause 9.1 shall cease immediately if any repair, maintenance or replacement is required by or as a result of any act omission or negligence of the Hirer or any third party and the Hirer shall indemnify Broadcast RF in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties, and legal and other reasonable costs and expenses) as a result of such act omission or negligence.
9.3 Any onsite support provided may be subject to an additional charge to be advised at the time such support is requested.
10. Return of the Equipment
10.1 At the end of the Hire Period the Equipment must be returned to Broadcast RF in full working repair and condition either by:
(a) Broadcast RF collecting the Equipment from the Delivery Location; or
(b) the Hirer arranging at their own cost for the Equipment to be delivered via a prepaid courier service to Broadcast RF’s premises ensuring that the Equipment has been adequately packaged to prevent any damage to Equipment
and until the Equipment has been returned the Hirer shall be solely responsible for its safekeeping and will not use the Equipment for any purpose.
10.2 If the Equipment is not returned at the end of the Hire Period then Broadcast RF or its agents may enter the Hirer’s premises or location of the Equipment and take possession of the same without their express consent and to indemnify them for any costs or expenses incurred in recovering the Equipment and/or charge the additional days the Equipment is in possession of the Hirer at the rate in Broadcast RF’s published rate card at the date of the Contract.
11. Limitation of Liability Warranties
11.1 Nothing in this clause shall limit or exclude Broadcast RF’s liability for
(a) death or personal injury caused by its negligence, or the negligence of its employees or agents; or
(b) fraud or fraudulent misrepresentation.
11.2 Subject to clause 11.1:
(a) Broadcast RF shall under no circumstances be liable to the Hirer, whether in contract tort, breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) Broadcast RF’s total liability to the Hirer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Quote.
11.3 Subject to clause 11.1:
(a) Broadcast RF shall have no liability in respect of any defect arising from fair wear and tear, any act omission or negligence by the Hirer or any third party, abnormal working conditions, operating safety or manufacturer’s instructions, misuse or alteration or repair of the Equipment carried out without Broadcast RF’s prior written approval; and
(b) Broadcast RF shall have no liability arising out of the Hirer’s inability to operate the Equipment in accordance with manufacturer’s instructions and for its proposed use; and
(c) Broadcast RF shall have no liability in respect of any damage caused by the Equipment to the Hirer’s or any third party’s property.
11.4 Subject as expressly provided in these Terms all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
11.5 This clause 11 shall survive termination of the Contract.
12. Software / Firmware
12.1 Broadcast RF shall where possible provide the latest stable released version of any software/firmware for use with the Equipment, it is the Hirer’s sole responsibility to ensure such software/firmware is compatible with any software, system and/or network of the Hirer or any third party which is intended to be used in conjunction with the Equipment.
12.2 Any update or change to the software/firmware version supplied with the Equipment made by the Hirer is permitted provided that the Hirer gives Broadcast RF prior notice of any changes made.
12.3 The Hirer shall indemnify Broadcast RF in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties, and legal and other reasonable costs and expenses) as a result of any damage fault or failure of either the Equipment or the software/firmware following any unauthorised update or change to the software/firmware version originally supplied with the Equipment.
13.1 In the first instance the Hirer shall keep insured for the Hire Period all Equipment to its full replacement value under the Contract with a reputable insurer previously approved by Broadcast RF for:
13.1.1 all loss and damage to the Equipment to its full replacement value; and
13.1.2 suitable public liability insurance.
13.2 The Hirer shall on demand provide Broadcast RF with the insurance certificate and details of the policy.
13.3 All new account customers must forward their ‘hired in’ insurance certificate before a hire commences.
13.4 Failure to procure or keep appropriate insurance will result in Broadcast RF insuring the Equipment at a rate of 15% of the Price on behalf of the Hirer.
13.5 By taking out insurance through Broadcast RF, the Hirer agrees to the following:
13.5.1 Full compliance with the Broadcast RF insurance policy terms and conditions available on request.
13.5.2 Where Equipment is to be contained in an unattended road vehicle;
(a) the doors, windows and other openings are fully closed and locked whenever the vehicle is left unattended and that any property is concealed from view wherever possible;
(b) between the hours of 21:00 and 06:00 unless the vehicle is on location it shall be fully alarmed and the alarm placed in full and effective operation or kept in a locked garage or building or security compound.
13.5.3 Where Equipment is to be stored at the Hirer’s or any other premises, any security measures in place are in full and effective operation.
13.5.4 In the event of a claim the Hirer shall be liable to pay the amount of the insurance policy excess, currently £1,000.00, or in the case of theft, loss or damage to small ancillary items including but not limited to cables, mounts, brackets and antennas shall reimburse Broadcast RF for the cost of replacing of these items.
13.5.5 Provide Broadcast RF with full details of the event on which the Equipment shall be used.
The Hirer shall indemnify Broadcast RF in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties, and legal costs (calculated on a full indemnity basis) and all other reasonable costs and expenses suffered or incurred by Broadcast RF arising out of or in connection with (but not limited to):
(a) the Hirer’s breach or negligent performance or non-performance of the Contract;
(b) the enforcement of the Contract;
(c) any claim made against Broadcast RF for actual or alleged infringement of the Data Protection Act 1998 or of any third party’s intellectual property rights
(d) any claim made against Broadcast RF for actual or alleged breaches of any licences, permits, permissions and consents obtained or should have been obtained for the use of the Equipment in any jurisdiction and shall include but is not limited to any frequency licence or software/firmware licence
(e) any claim made against Broadcast RF by a third party for the death, personal injury or damage to property arising out of or in connection with the Equipment to the extent that it is attributable to the acts or omissions of the Hirer, its employees or agents
15.1 Without limiting its other rights or remedies Broadcast RF may terminate the Contract and any other Contract with the Hirer with immediate effect by giving written notice to the Hirer if:
(a) if the Hirer fails to pay any sum payable under the Contract as and when such sum falls due;
(b) the Hirer commits a material breach of its obligations under this Contract and (if such breach is remediable) fails to remedy that breach within 7 working days after receipt of notice in writing of the breach;
(c) the Hirer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;
(d) the Hirer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
(e) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of the other party with one or more other companies or the solvent reconstruction of that other party;
(f) the other party (being an individual) is the subject of a bankruptcy petition or order;
(g) a creditor or encumbrancer of the Hirer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
(h) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);
(i) a floating charge holder over the assets of the Hirer (being a company) has become entitled to appoint or has appointed an administrative receiver;
(j) a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
(k) any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 15.1(b) to clause 15.1(i) (inclusive);
(l) the other party suspends, threatens to suspend, ceases or threatens to cease to carry on, all or substantially the whole of its business; or
(m) the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.
15.2 Without limiting its other rights or remedies, Broadcast RF may terminate the Contract:
(a) by giving the Customer one weeks’ written notice; or
(b) with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this Contract on the due date for payment.
15.3 Without limiting its other rights or remedies, Broadcast RF shall have the right to suspend the supply of Equipment under the Contract or any other Contract between Broadcast RF and the Hirer:
(a) the Hirer fails to make payment any amount due under this Contract on the due date for payment; or
(b) the Hirer becomes subject to any of the events listed in clause 15.1(b) to clause 15.1(l), or Broadcast RF reasonably believes that the Customer is about to become subject to any of them.
16. Consequences of termination
On termination of the Contract for any reason:
(a) the Hirer shall immediately pay to the Broadcast RF all outstanding unpaid invoices and interest;
(b) the Hirer shall return all Equipment under the Contract pursuant to clause 10 and if the Hirer fails to do so, then Broadcast RF may enter the Hirer’s premises, without the Hirer’s express consent, and take possession of the Equipment and the Hirer shall indemnify Broadcast RF against all costs and expenses incurred in recovering the Equipment. Until the Equipment has been returned, the Hirer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract;
(c) the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
(d) clauses which expressly or by implication have effect after termination shall continue in full force and effect.
17.1 All notices under these terms shall be in writing addressed to the other party at their registered office or principal place of business or in case of an individual the invoice address provided for on the offer.
17.2 (a) The Hirer shall not assign subcontract or otherwise transfer any of its rights or obligations under these Terms;
(b) Broadcast RF may assign delegate or subcontract or otherwise transfer all or any of its obligations.
17.3 No waiver by Broadcast RF of any of its remedies for any breach of the contract by the Hirer shall be effective unless it is in writing and shall not be deemed a waiver of any subsequent breach. No failure or delay by Broadcast RF in exercising any right or remedy shall constitute a waiver of that or any other right or remedy under Contract or by law.
17.4 The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Equipment and shall protect the same against distress, execution or seizure and shall indemnify Broadcast RF against all liabilities, costs, expenses, damages and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties, and legal and other reasonable costs and expenses) arising out of the same.
17.5 (a) If a court or any other competent authority finds that any provision of the Contract or these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract and these Terms shall not be affected.
(b) If any invalid, illegal or unenforceable provision of the Contract or these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal valid and enforceable.
17.6 A person who is not a party to the Contract shall not have any rights under or in connection with it.
17.7 Broadcast RF shall not be liable for any loss or damage of any kind whether direct or indirect consequential or otherwise resulting from any circumstances beyond the control of Broadcast RF including but not limited to war, riot, civil commotion, strikes, lock outs, fire, flood, storm, snow, explosions, malicious damage, acts of God, accident or vehicle breakdown, soft or unsuitable ground or hazardous environment.
17.8 The Contract and these Terms shall be governed by the laws of the England and the Hirer agrees to submit to the exclusive jurisdiction of the English courts.
18. Data Protection
The Client and the Service Provider recognise to be the data controller and data processor of the data processing that they carry out and commit to comply with the applicable data protection regulations, including the General Data Protection Regulation.
It is understood that in the context of the delivery of services by Broadcast RF, the terms “data controller” and “data processor” can apply to both the Client and the Service Provider, as appropriate.
As data processor the Party undertakes and commits:
(a) to apply the appropriate technical and organisational measures in such a way that the processing meets the legal and regulatory requirements regarding data protection and ensures the protection of the rights of data subjects;
(b) to collaborate and assist the data controller throughout the processing of personal data, and alert the latter on any use that may involve risks thereon;
(c) to notify the data controller of any data breach within 24 hours of having become aware of the breach in order to enable the data controller to fulfil its obligations to notify its data protection authority, and, if necessary, the data subjects;
(d) to assist the data controller in responding within the time limits provided by law to requests from the data subjects by giving access to all the necessary information to answer them and by notifying the other party of the requests of the data subjects as soon as possible;
(e) not to transfer personal data in a territory located outside the European Union except if such offers an adequate level of personal data protection certified by the European Commission or to a company that has adhered to the Privacy Shield, unless the transfer is covered by standard contractual clauses adopted by the European Commission;
(f) not to subcontract the data processing without prior consent of the data controller
(g) to restrict its personnel from processing the personal data of the data controller without the latter’s authorisation and impose appropriate contractual obligations upon its personnel, including relevant obligations regarding confidentiality, data protection and data security.
(h) to hand over to the data controller or – subject to prior consent – destroy all documents, processing and data sets related to the Contract that have come into its possession, in a data protection compliant manner and confirm this destruction upon simple request.
(i) to allow the data controller to carry out the verifications it deems necessary to ensure compliance with the legal and regulatory requirements on data protection.
Broadcast RF – Frequency Licence Information Sheet
RF equipment requires a frequency licence to operate legally in most countries. The frequency licence is in place to protect both yourself as the user of the equipment and other users in the spectrum.
The licence is issued so that a portion of the spectrum is specifically assigned to the user to operate their equipment for an agreed period in a set location.
If once a licence is obtained, interference is detected, the licence provides the mechanism to contact the relevant authorities to resolve the problem.
The consequences of not obtaining clear licenced spectrum can result in interference and subsequently poor performance of the equipment. In addition, if unlicenced use of the equipment is detected by the relevant authorities, this can result in confiscation and/or prosecution.
It is the user’s responsibility to obtain any licences from the correct and relevant authorities. Broadcast RF accept NO responsibility for failure to licence this equipment.
If required, Broadcast RF can assist in obtaining licences both in the UK and around the world.