Set out below are the terms & conditions that Agencies must comply with in relation to the delivery and use of Holdings Data.
1. The Nine Network will supply the Agency with a Holdings Data file each workday evening. The Holdings Data file will record all bookings for the Agency that are (at the relevant date) held in the Nine Network's Traffic system. The Agency must check daily that it has received the Holdings Data file and must immediately advise the Nine Network if it has not received the file.
2. The Nine Network holds an audit history of the date & time that each Spot was booked into its Traffic system, as well as the date & time that any changes were made to the Spot after it was booked. The dates stored in this audit history will be used to determine the date that a Spot was "confirmed" to the Agency via Holdings Data.
3. On completion of the buying of each media campaign the Agency must perform a check of the Holdings Data for that campaign. The Agency must advise the Nine Network of any discrepancies between the records contained in the Holdings Data file as compared to the records held by the Agency within 48 hours of receiving the holdings data.
4. If the Agency places a booking for a Spot within the period commencing two weeks prior to the proposed airing date of the Spot, the Agency must check the Holdings Data for that booking on the day of completion of the booking. If the Agency identifies any discrepancies in the booking for the Spot, the Agency must notify the Nine Network within 24 hours of receipt of the Holdings Data confirming the booking.
5. The Agency must perform a "pre-telecast" check of all Spots prior to the airing of a week's activity (a "week" is defined as commencing on a Sunday) This check is to be performed on the Monday six days prior to the commencement of a week's activity. The Agency must advise the Nine Network of any discrepancies between the records contained in the Holdings Data file as compared to the records held by the Agency within 48 hours of receiving the holdings data supplied each Monday.
6. The Agency must perform a check of the Holdings Data file in it's entirety at least once per week. The Agency must advise the Nine Network of any discrepancies between the records contained in the Holdings Data file as compared to the records held by the Agency. If any Spot has been booked in the Nine Network Traffic system for ten days or more & the Agency has not advised the Nine Network of any discrepancies then that Spot is deemed to be outside of the notification deadline & is subject to point 7.
7. If the Agency fails to advise the Nine Network of any discrepancies in the Holdings Data within the deadlines specified in points 3 - 6 (as relevant), the Nine Network will have no obligation to cancel the Spot or adjust the rate for the Spot and the Agency must make payment for the Spot in accordance with the booking recorded in the Holdings Data.
8. All other terms & conditions of business existing between the Agency and the Nine Network remain unaltered by this agreement.
9. The Nine Network reserves the right to amend these terms and conditions at any time.