Dynamically Scheduled Campaigns (9Galaxy) - Terms and Conditions

The following terms and condition apply to any Nine proposal (or any part of a Nine proposal) by which broadcast advertising inventory will be delivered via a dynamic audience based buy (Dynamically Scheduled Campaigns, commonly referred to as 9Galaxy). These terms and conditions should be read in conjunction with Nine’s media services terms and conditions which may be found here. To the extent of any conflict, these terms and conditions prevail.

- The audience forecasts used for the planning of airtime for Dynamically Scheduled Campaigns are generated via 9Predict, Nine’s proprietary audience forecasting tool.  These audience forecasts form the basis of the agreed CPM for the Campaign.
- The audience forecasts and any audience guarantee are based on quarter hour ratings data.
- Consolidated ratings data is the default currency against which any audience guarantee is measured. Overnight ratings data may be agreed to in the case of retail clients, and this must be agreed by no later than the time of the booking.
- Dynamically Scheduled Campaigns may only be transacted against any of Nine’s preferred trading demographics (currently 53, subject to change at Nine’s discretion).

Audience Guarantee
- Nine’s proposed audience levels are valid for a period of two working days from the time that the proposal is sent, provided that;
o Nine’s booking system is open for the proposed airing dates; and 
o There is a minimum of four weeks lead time prior to Campaign commencement, at the time that the proposal is sent. 
- If approval to book a proposal is granted more than two working days after the proposal is sent, Nine may revise the audience levels based on available inventory. 
- Nine will use best endeavours to deliver audience according to all agreed parameters subject to the following:
- Delivery by market and by commercial duration is guaranteed across the duration of the Campaign;
- Typical variations by week, channel & daypart are as follows;
o By Week                   10%
o By Daypart                5%
o By Channel               10%

- As final audience reconciliation is not available until one week after the conclusion of the Campaign, a two week period trailing the booked Campaign dates is required to fulfil all guaranteed audience. This total 3 week period is referred to as the “Campaign Period”.

Make Good
- Nine will endeavour to deliver 100% of the agreed audience by the end of the Campaign Period.
- If there is an audience shortfall of up to 10% by the end of the Campaign Period, Nine will work with the client on making good the audience shortfall based on mutually agreed timings. This make-good will be scheduled at Nine’s discretion.
- If the audience shortfall is greater than 10% then Nine will agree to providing make-goods in a future period at the client’s discretion provide that it will scheduled based on the channels and dayparts where the shortfall occurred.

Cancellation Terms 
- The client has the right to cancel all or part of a Dynamically Scheduled Campaign without penalty if notice is given in writing to Nine at least 6 weeks before the scheduled broadcast dates of the Campaign.
- Should the client cancel all or part of a Dynamically Scheduled Campaign within the 6 week cancellation period, Nine is entitled to payment for that part of the Campaign that was cancelled subject to the Delete & Charge regime set out below.

Delete & Charge
- Should the client cancel all or part of a Dynamically Scheduled Campaign within the above 6 week period, Nine will delete that part of the Campaign and provide the client with an airtime credit. 
- The value of the airtime credit will be calculated at the time the cancellation based on the amount of audience that has not been delivered at that date and valued according to the agreed CPM/CPT for the relevant channel, spot duration, week & daypart.
At the time of cancellation, Nine will provide an estimate of the value of the airtime credit, based on predicted ratings. The actual value of credit will be confirmed once consolidated ratings for all aired spots have been published.
- The airtime credit will not be effective until the applicable credit amount has been paid in full by the client.
- The airtime credit may be redeemed subject to availability at the time of booking & delivery of audience for D&C activity will be guaranteed to 80%  
- The airtime credit will expire 12 months after the date of cancellation and will not entitle the client to any refund or other payment but may be utilised on unfilled broadcast times, subject to Nine’s discretion to give higher priority to other customer’s actual or anticipated advertising orders.

Holdings Data
- Holdings Data are considered the final confirmation from the Nine Network. 
- Holdings Data does not contain any record for dynamic spots and will include billing instalments only.  Billing instalments contain a record of each booked or debriefed schedule detailed by market, channel, daypart, spot duration and week commencing.
- Further terms and conditions regarding Holdings Data can be found within Nine’s media services terms and conditions which may be found here.

Nine reserves the right to amend these Terms and Conditions at any time.