In these conditions the term ADVERTISER means the party who books the space and is responsible for payment.
1. The PUBLISHER reserves the right to refuse, amend, withdraw or otherwise deal with all advertisements submitted to him at his absolute discretion and with out explanation.
2. The PUBLISHER will not be liable for any loss or damage consequential or otherwise occasioned by error, late publication or the failure of an advertisement to appear from any cause whatsoever.
3. The ADVERTISER will indemnify the PUBLISHER against any damage and/or loss and/or expense which the PUBLISHER may incur as a direct or indirect consequence of the ADVERTISER'S announcement.
4. Series discounts apply only to orders placed in advance and completed within one year of date of first insertion.
5. The PUBLISHER reserves the right to increase advertisement rates at any time, or to amend to terms of contract as regards space or frequency insertion. In such event the ADVERTISER has the option of cancelling the balance of contract.
6. The PUBLISHER reserves the right to refuse stop-orders, cancell
ations, amendments or transfers unless they are received in writing not less than one week prior to published copy deadlines for black and white and colour advertisements, and for special positions. Verbal communication cancelling orders is effective only if subsequent written confirmation carries a stop number issued by the PUBLISHER at the time the verbal instruction is given.
7. If the ADVERTISER cancels the balance of a contract, all unearned series discounts will be surcharged. The PUBLISHER reserves the right to surcharge in the event of insertions not being completed with in the contractual period.
8. Where the ADVERTISER has undertaken to supply inserts which have been accepted and approved by the PUBLISHER, the PUBLISHER reserves the right to charge the rate agreed if they fail to arrive at the agreed time and place for insertion.
9. Credit accounts are strictly net and must be settled within 30 days Invoice. If payment is not received within this period, Agency commission will be fully disallowed. Interest will be charged on overdue amounts at the rate of 2% per month.
10. The Advertiser agrees, in the event of legal action, to pay disbursements and legal fees on the scale as between attorney and own client, including collection commission.
11. By my signature hereto, I confirm that am a duly appointed representative of the advertiser, whether the advertiser be a firm, company or close corporation, and should it be proved to the contrary that I am in fact not a duly authorised representative, I will be liable, in my personal capacity, for any debts arising.
12. By my signature hereto, do hereby bind myself in solidum separately and severally, as surely and co-principal with the advertiser for the payment of an amount which are due and owing to the publisher from whatever cause arising.
13. Copy must be supplied without application from the PUBLISHER. In the event of copy not being received by the copy deadline the PUBLISHER reserves the right to repeat the copy last issued, or to compile information from available sources. The PUBLISHER reserves the right to charge for any additional expense involved in such a contingency.
14. The PUBLISHER cannot accept responsibility for inserting local agents or distributors names and addresses in any advertisements, unless written instructions are received with copy.
15. The PUBLISHER will supply tear sheets if requested.
16. The ADVERTISER shall be responsible for the insurance of all artwork and other advertisement material delivered by him to the PUBLISHER and the PUBLISHER cannot accept liability for any loss or damage.
17. The PUBLISHER reserves the right to destroy all artwork and other materials in his (or his printers) custody which have not been used for fifteen months provided always that the ADVERTISER or his agent has not given written instructions to the CONTRARY.
18. Production materials, artwork, photographs and other work prepared on behalf of ADVERTISERS will be charged for. Therefore, if in the case of a contract an advertisement is changed, additional costs will be incurred.
19. Copy matter provided must conform to the PUBLISHER'S requirements as outlined on the rate Card. Any additional work involved may be charged for.
20. All colour reproductions will be undertaken with printers' standard colours. Any colours other than the standard colours will invoke an additional charge.
21. While every endeavour will be made to supply proofs when requested the PUBLISHER cannot be held responsible for non submission of proofs.
22. The person signing the order warrants that he is entitled to do so and indemnifies the PUBLISHER against any losses incurred as a result of the signing of this order.
23. Inserts contribute to the frequency commitment at the rate of one insertion per insert. It should be noted that separate advertisement rates apply to inserts. Increased insertion commitment. A contract ADVERTISER who wishes to increase his commitment to frequency of advertising may choose from two alternatives:
(a) to cancel this contract without surcharge, provided he signs for an increased frequency over the ensuing twelve month period.
NOTE: This offer does not apply during the period between announcement of a rate increase and its introduction
(b) to increase the number of insertions to a higher contract frequency within the period of the existing contract and thereby
qualifying for the higher discount on those insertions from the date of the increased commitment.
24. The definition of an insertion is one advert
25. The PUBLISHER invites editorial from ADVERTISERS but reserves the right to publish in its original or amended form.
26. The PUBLISHER will not guarantee editorials as a condition of an advertising order.
27. All written instructions in connection with the above terms and conditions must be addressed to the Managing Director.
28. Subject to paragraphs 6,7 and 19, the number of insertions booked cannot be deviated from although the size can differ. The appropriate series rate is applied to the size of advertisement published.
29. In the event of the ADVERTISER requesting the PUBLISHER to bill an Advertising Agent, the ADVERTISER hereby binds itself jointly and severally with the Advertising Agent for payment of this transaction.
30. This agreement constitutes the entire agreement between the parties and no condition, stipulations, warranties or representations by either of the parties or their agents, whether made prior or subsequent to the signing of this Agreement, shall be branding on either of the parties unless reduced to writing and signed by both parties hereto.
|
