terms of business

Sunshine 106.8 — Terms & Conditions of Business
Last updated: September 2026

1. Definitions

1.1 "Sunshine 106.8" means Star Broadcasting Limited trading as Sunshine 106.8, its successors and assignees, or any person acting on behalf of and with the authority of Sunshine 106.8.

1.2 "Client" means the person or entity described as such on the invoice, application for credit, quotation, work authorisation, or any other form to which these terms and conditions apply, and includes any person acting on behalf of and with the authority of that person or entity.

1.3 "Guarantor" means the person(s) or entity who agrees to be liable for the debts of the Client on a principal debtor basis.

1.4 "Services/Goods" means the Services and/or Goods supplied by Sunshine 106.8 to the Client, as described on the invoice, quotation, work authorisation, or other form provided by Sunshine 106.8 to the Client.

1.5 "Services" means all services supplied by Sunshine 106.8 to the Client, including broadcast advertising airtime, sponsorship, and production, together with any related advice or recommendations.

1.6 "Goods" means any physical materials or deliverables supplied by Sunshine 106.8 to the Client in connection with the Services (for example, physical production media). For the avoidance of doubt, broadcast airtime is a Service, not Goods.

1.7 "Price" means the cost of the Services/Goods as agreed between Sunshine 106.8 and the Client, subject to clause 3.

1.8 "Broadcasting Code" means the Broadcasting Code of Ireland, the Code of Advertising Standards for Broadcast Media, and any other code, rule, or standard issued from time to time by Coimisiún na Meán or the Advertising Standards Authority for Ireland (ASAI), as amended or replaced from time to time.

2. Acceptance

2.1 Any instructions received by Sunshine 106.8 from the Client for the supply of Services/Goods, and/or the Client's acceptance of Services/Goods supplied by Sunshine 106.8, constitute acceptance of the terms and conditions contained in this document.

2.2 Where more than one Client has entered into this agreement, those Clients are jointly and severally liable for all payments of the Price.

2.3 Once accepted by the Client, these terms and conditions are irrevocable and may only be amended with the written consent of Sunshine 106.8.

2.4 The Client shall give Sunshine 106.8 at least fourteen (14) days' notice of any change in the Client's name, address, or other relevant details.

3. Price and Payment

3.1 At Sunshine 106.8's sole discretion, the Price shall be either: (a) as indicated on invoices provided by Sunshine 106.8 to the Client in respect of Services/Goods supplied; or (b) Sunshine 106.8's quoted Price, which shall be binding on Sunshine 106.8 provided the Client accepts the quotation in writing.

3.2 At Sunshine 106.8's sole discretion, a deposit of up to 100% of the Price may be required before Services/Goods are supplied.

3.3 Time for payment for Services/Goods, for approved Clients, is thirty (30) days from the date of invoice.

3.4 At Sunshine 106.8's sole discretion, payment for approved Clients may be made by instalments in accordance with Sunshine 106.8's payment schedule.

3.5 Payment may be made by bank transfer, direct debit, credit or debit card, cheque, bank draft, or any other method Sunshine 106.8 may accept from time to time.

3.6 VAT and any other taxes or duties that may be applicable shall be added to the Price, except where they are expressly included in the Price.

3.7 A failure by Sunshine 106.8 to deliver does not, of itself, entitle either party to treat this contract as repudiated.

3.8 Sunshine 106.8 shall not be liable for any loss or damage arising from a failure to deliver the Services/Goods (or any of them) promptly or at all, except where that failure results from Sunshine 106.8's negligence or breach of contract.

3.9 Nothing in this clause 3 affects any right the Client may have under the European Union (Late Payment in Commercial Transactions) Regulations 2012, where applicable.

4. Title

4.1 Ownership of any Goods shall not pass to the Client until: (a) the Client has paid all amounts owing for those Goods; and (b) the Client has met all other obligations owed to Sunshine 106.8 under any contract between the parties.

4.2 Receipt by Sunshine 106.8 of any form of payment other than cash is not treated as payment until that payment has been honoured, cleared, or recognised, and until then Sunshine 106.8's ownership of, and rights in, the Goods continue.

4.3 It is further agreed that: (a) where practicable, Goods shall be kept separate and identifiable until Sunshine 106.8 has received payment and all other obligations of the Client are met; (b) Sunshine 106.8 may cancel or suspend any booking for airtime where the Client is in default of payment or in breach of these terms, whether or not the relevant advertisement has already been broadcast; and (c) the Client holds the Goods, and any proceeds of their sale or disposal, on trust for Sunshine 106.8 until Sunshine 106.8 has received payment in full.

4.4 For the avoidance of doubt, broadcast airtime is a Service and not Goods. No property or title in airtime passes to the Client at any time; the Client acquires only the contractual right to have an advertisement broadcast in accordance with the agreed schedule and these terms.

5. Client's Disclaimer

5.1 Nothing in these terms and conditions excludes, restricts, or modifies any right or remedy that cannot lawfully be excluded, restricted, or modified, including any liability of Sunshine 106.8 for fraud or fraudulent misrepresentation. Subject to that, the Client acknowledges that it has relied on its own skill and judgment in engaging Sunshine 106.8 for the Services/Goods, save to the extent the Client has reasonably relied on a specific written representation made by Sunshine 106.8.

6. Defects

6.1 The Client shall inspect the Services/Goods/invoice on delivery and shall, within twenty-four (24) hours, notify Sunshine 106.8 of any alleged defect, shortage in quantity, damage, or failure to comply with the description or quotation. The Client shall give Sunshine 106.8 a reasonable opportunity to inspect the Services/Goods following delivery if the Client believes they are defective. If the Client fails to comply with this clause, the Services/Goods are presumed to be free from defect or damage. Where Sunshine 106.8 agrees in writing that the Client is entitled to reject defective Services/Goods, Sunshine 106.8's liability is limited, at its discretion, to replacing or repairing the Services/Goods.

7. Warranty

7.1 To the extent permitted by law, no warranty is given by Sunshine 106.8 as to the quality or suitability of the Services/Goods for any purpose beyond that described in the relevant quotation or work authorisation, and any implied warranty is excluded to the extent permitted by law. Nothing in this clause limits any statutory right that cannot lawfully be excluded. Sunshine 106.8 is not responsible for loss or damage to, or caused by, the Services/Goods except to the extent caused by its own negligence or breach of contract.

8. Statutory Rights

8.1 This agreement is subject to the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980, and to any other applicable consumer protection legislation, except where the Client is contracting for the purposes of a trade or business, in which case those provisions are excluded to the extent permitted by law.

8.2 Notwithstanding clause 8.1, nothing in this agreement is intended to contract out of any applicable provision of the Sale of Goods Act 1893 (in particular sections 12 to 15), the Sale of Goods and Supply of Services Act 1980, or any other law governing the rights of consumers, except to the extent permitted by those laws.

8.3 Where the Client buys Services/Goods as a consumer, clauses 6 and 7 above are subject to any law governing the rights of consumers.

9. Default & Consequences of Default

9.1 Interest on overdue invoices accrues daily from the date payment becomes due until the date of payment, at a rate of 1.0% per calendar month, compounding monthly, both before and after judgment. This clause does not affect any statutory right to interest under the European Union (Late Payment in Commercial Transactions) Regulations 2012, where those Regulations apply.

9.2 If the Client defaults in payment of any invoice when due, the Client shall indemnify Sunshine 106.8 against all reasonable costs and disbursements incurred by Sunshine 106.8 in pursuing the debt, including legal costs on a solicitor and own-client basis and collection agency costs.

9.3 Without prejudice to any other remedy, if the Client is in breach of any obligation (including as to payment), Sunshine 106.8 may suspend or terminate the supply of Services/Goods and any of its other obligations under these terms. Sunshine 106.8 is not liable to the Client for any loss or damage arising from the exercise of its rights under this clause.

9.4 Where an account remains overdue after thirty (30) days, an administration fee of the greater of €20.00 or 10% of the amount overdue (up to a maximum of €200) becomes immediately due and payable. This clause applies only where the Client is contracting for the purposes of a trade or business.

9.5 Without prejudice to Sunshine 106.8's other remedies, Sunshine 106.8 may cancel any unperformed part of an order, and all amounts owing to Sunshine 106.8 become immediately payable, where: (a) any money payable to Sunshine 106.8 becomes overdue, or Sunshine 106.8 reasonably believes the Client will be unable to meet its payments as they fall due; (b) the Client becomes insolvent, convenes a meeting of creditors, or enters into an arrangement with creditors; or (c) a receiver, examiner, liquidator, or similar person is appointed in respect of the Client or any of its assets.

10. Guarantees and Security

10.1 Where a Guarantor has agreed to guarantee the Client's obligations, the Guarantor guarantees to Sunshine 106.8 the due and punctual payment of all amounts owed by the Client under these terms, as a principal debtor and not merely as surety.

10.2 The Guarantor shall indemnify Sunshine 106.8 against all reasonable costs and disbursements, including legal costs on a solicitor and own-client basis, incurred by Sunshine 106.8 in enforcing its rights under this clause.

10.3 This clause 10 does not create, and is not intended to create, any mortgage, charge, or other security interest over any land or other asset of the Client or Guarantor. Any such security must be the subject of a separate, specifically negotiated agreement.

11. Cancellation

11.1 Sunshine 106.8 may cancel these terms, or cancel delivery of Services/Goods, at any time before the Services/Goods are delivered, by giving written notice. On giving such notice, Sunshine 106.8 shall repay the Client any sums paid in respect of the Price, and is not liable for any loss or damage arising from the cancellation.

11.2 Where the Client wishes to cancel the agreement, written notice must be given at least thirty (30) days in advance of the cancellation.

11.3 Where the Client cancels an agreement for "Business Booster" or any discounted advertising module based on monthly payments, Sunshine 106.8 will revert to standard rate-card pricing, including standard production rates for any production that was discounted.

11.4 Any cancellation or amendment of a booking is also subject to clause 12 (Broadcasting Compliance) below.

12. Broadcasting Compliance

12.1 All advertising material submitted by the Client must comply with the Broadcasting Code and all applicable law, including the Broadcasting Act 2009 (as amended) and any code or guideline issued by Coimisiún na Meán.

12.2 Sunshine 106.8 may, at its discretion and at any time (including after a booking has been confirmed or an advertisement has already been broadcast), refuse to accept, amend, suspend, or withdraw any advertisement that it reasonably considers does not comply with the Broadcasting Code, is misleading, defamatory, or otherwise unlawful, or is inconsistent with its editorial or programming policies.

12.3 Sunshine 106.8 is not liable to the Client for any loss or expense arising from the exercise of its rights under this clause, save that where an advertisement is withdrawn or refused through no fault of the Client, Sunshine 106.8 shall, as the Client's sole remedy, refund the Price paid for the unbroadcast portion of the booking or offer an equivalent alternative slot, at Sunshine 106.8's discretion.

12.4 Sunshine 106.8 may reschedule a confirmed booking where reasonably necessary due to programming changes, breaking news, or other operational requirements, and will use reasonable endeavours to notify the Client in advance and agree a suitable alternative slot.

12.5 The Client warrants that it holds all rights, consents, and clearances necessary for the material it submits to be broadcast (including in respect of any music, footage, or testimonials), and shall indemnify Sunshine 106.8 against any claim arising from a breach of this warranty.

13. Data Protection

13.1 Sunshine 106.8 processes personal data about the Client and any Guarantor in accordance with the General Data Protection Regulation (EU) 2016/679, the Data Protection Act 2018, and Sunshine 106.8's privacy notice, available on request.

13.2 Sunshine 106.8 collects and processes such data for purposes including performing this agreement and assessing creditworthiness and, where the Client has consented or Sunshine 106.8 otherwise has a lawful basis, marketing products and services to the Client.

13.3 Sunshine 106.8 may disclose information about the Client to credit providers or credit reporting agencies for the purpose of obtaining a credit reference or pursuing overdue debts, in accordance with applicable law.

13.4 The Client and any Guarantor have the right to access, correct, and request erasure of their personal data, to object to or restrict certain processing, and to lodge a complaint with the Data Protection Commission, each as set out in Sunshine 106.8's privacy notice and applicable law.

14. Production Charges & Intellectual Property

14.1 Where Sunshine 106.8 produces advertising material for the Client, copyright in the production remains vested in Sunshine 106.8 and may only be used by the Client, including for broadcast on any other station or platform, with Sunshine 106.8's prior written consent.

14.2 The Client warrants that all material and instructions provided to Sunshine 106.8 do not infringe any patent, registered design, trademark, copyright, or other intellectual property right of a third party, and shall indemnify Sunshine 106.8 against any claim arising from a breach of this warranty.

14.3 Where the Client wishes to use a production elsewhere, additional usage or equity fees will apply and will be invoiced at Sunshine 106.8's then-current rates.

14.4 Further production work on, or amendment of, an existing or previously agreed commercial will incur additional fees, to be agreed with the Client in advance.

15. General

15.1 Each clause of this contract is severable and distinct from the others. If any provision is or becomes invalid, void, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions is not affected.

15.2 These terms and conditions, and any agreement to which they apply, are governed by the laws of Ireland and are subject to the jurisdiction of the courts of Ireland.

15.3 Sunshine 106.8 has no liability to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising from a breach of these terms by Sunshine 106.8.

15.4 In the event of a breach of this contract by Sunshine 106.8, the Client's remedies are limited to damages, and Sunshine 106.8's liability shall not exceed the Price of the relevant Services/Goods.

15.5 The Client is not entitled to set off against, or deduct from, the Price any sum owed or claimed to be owed to the Client by Sunshine 106.8.

15.6 Sunshine 106.8 may license or sub-contract all or any part of its rights and obligations without the Client's consent.

15.7 Sunshine 106.8 reserves the right to review these terms and conditions at any time. Any change takes effect from the date Sunshine 106.8 notifies the Client. Except where Sunshine 106.8 supplies further Services/Goods that the Client accepts, the Client is under no obligation to accept the change.

15.8 Neither party is liable for any default or delay due to an act of God, war, terrorism, epidemic or pandemic, strike, lock-out, industrial action, fire, flood, drought, storm, power or telecommunications failure, cyber incident, government action or restriction, or any other event beyond that party's reasonable control.

15.9 Nothing in these terms and conditions affects any statutory right of the Client that cannot lawfully be excluded or limited.

Star Broadcasting Limited, trading as Sunshine 106.8. Registered office: Castleforbes House, IFSC, Dublin 1, Ireland.