1. The booking/order form duly signed by the Client shall serve as a written contract between the Client and the Advertiser.
2. The signatory on the booking/order form warrants that he is the duly authorized representative of the Client and that he is mandated to place advertisements on behalf of the Client. The Client agrees and accepts that in the event that the authorized representative who concluded the contract leaves the employ of the Client for any reason whatsoever such authorized representative’s actions shall at all times remain binding on the Client and it may not raise the defence of lack of authority.
3. The contract duly signed by the Client shall be deemed to have been accepted by the Advertiser upon receipt thereof either by hand delivery, fax or email the place of acceptance being its offices.
4. Upon receipt of the booking/order form the Advertiser’s Administration Clerk shall confirm the contract and the party to be invoiced which confirmation shall be binding on the Client.
5. The contract shall commence on the date of signature and remain in force for a period of one (1) year. In the absence of a letter of cancellation from the Client to the Advertiser on the Client’s official letterhead and signed by the Client’s duly authorized representative one month prior to the expiry of the initial period the contract shall automatically continue into the new financial year and the Client shall be invoiced for the amount stipulated in the initial contract.
6. All advertising quotations for the Republic of South Africa (RSA) are exclusive of VAT.
7. All artwork material comprising of descriptive texts, logos, company colours, websites and the like shall be sent to the Advertiser within five (5) working days from the date of signing of the booking/order form failing which the advert shall be designed according to the Advertiser’s standards which the Client hereby agrees to accept.
8. The Client shall approve the adverts in writing within five (5) working days and in the absence of such approval the adverts shall be deemed to be in order and accepted by the Client. In this regard it is the Client’s sole responsibility to check the accuracy of the adverts and its failure to do so shall result in the adverts being published as is.
9. Cancellations shall only be accepted within seven (7) days from date of signature of the booking/order form, failing which the Client shall be liable for 45% of the costs of the advert as booked/ordered.
10. The Client hereby agrees that payment shall be due to the Advertiser upon the Client being furnished with proof of publication, whether by way of a hard copy or online, and undertakes to make payment to the Advertiser immediately upon being furnished with such proof of publication. The Advertiser shall charge a penalty of R500.00 in respect of any cheque not honoured by the bank. Returned cheques shall be replaced with bank guaranteed cheques or electronic fund transfers within 48 hours of notification. The Advertiser reserves the right to withhold further advertising pending receipt of replacement funds.
11. Interest at 15.5% per annum shall be charged on all outstanding amounts due by the Client to the Advertiser calculated from the date of proof of publication to the date of payment both days inclusive.
12. The Client hereby accepts and agrees that no refunds shall be made to them in respect of any payments made by them to the Advertiser under any circumstances whatsoever.
13. In the event an account is referred to a third party for collection, the advertiser agrees to pay collection and/or attorney fees, as well as court costs incurred in order to effect collection on an attorney and own client scale including collection commission.
14. All and any information provided by the Advertiser and its affiliates is owned by or licensed to the Advertiser and its affiliates and any user shall be not permitted to store, manipulate, analyze, reformat, print and display the information strictly for such user’s sole and personal use. It is strictly prohibited under any circumstances whatsoever for any user to publish, retransmit, redistribute or otherwise reproduce any information in any format to anyone nor shall any user be permitted to use any information in or in connection with any business or commercial enterprise, including without limitation, any securities, investment, accounting, banking, legal or media business or enterprise.
15. The information is provided by the Advertiser and its affiliates to all and any users “as is” and without any warranties of any kind, either express or implied, relating thereto , including, without any limitation, any warranty in respect of the merchantability thereof or the fitness thereof for a particular purpose or use.
16. Neither the Advertiser nor its affiliates shall be liable in any manner whatsoever to any user or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in the information or for any damages, whether direct or indirect, actual or contingent, consequential or punitive resulting therefrom.
17. The Client and/or its advertising agency shall be liable for the accuracy of all and any content [including text representation and illustrations] in respect of all advertisements published and shall also be responsible for all and any claims that may arise in respect thereof made against the Advertiser, including any costs that may be incurred in defending an action relative to such a claim on the scale as between attorney and own client costs.
18. The liability of the Advertiser shall be strictly limited to the granting of a credit to the Client or its advertising agency for as much of the space occupied by the advertisement as is materially affected by any error where the Advertiser may be responsible for an error including and error of translation. The Advertiser’s obligation to give such credit shall not apply to more than one incorrect insertion under any contract or order unless the Advertiser is notified of the inaccuracy prior to the deadline for repetition of the insertion.
19. The Client and /or any user of the information hereby indemnifies and holds the Advertiser, its officers, directors, employees, agents, licensors, suppliers and any third party information providers harmless from and against all and any losses, expenses, damages and costs, including reasonable attorney and own client fees, resulting from any information that is incorrect or inaccurate contained in any advertising or third party web sites upon which reliance has been place by the Client, the user or any person accessing the information.
20. The Advertiser reserves the right to edit, revise or reject any advertising.
21. The Advertiser does not guarantee any given level of circulation or readership for any advertisements.
22. The Advertiser reserves the right to convert all advertisements published in print, digital and audio-text formats, including the right to publish such advertisements electronically on the Internet and in other publications.
23. Where payment for advertising is by way of a debit order, monthly accounts shall be due and payable on or before the fifteenth [15th] of the month following booking. When any part of an account for advertising remains unpaid after the due date thereof then the entire amount owed in respect of such account shall immediately become due, owing and payable and the Advertiser may in its sole and absolute discretion refuse to publish any further advertising. In this event, the Client or its advertising agency shall pay for advertising space actually used according to the rate earned at the time of the account becomes unpaid.
24. Charges for changes [not corrections] from original layout and copy shall be based on current composition rates. Any incorrect rates that do not correspond to the rate card will be regarded as clerical errors and the advertisements will be published and charged for at the applicable rates in effect at the time of publication.
25. The positioning of all adverts shall be at the sole and absolute discretion of the Advertiser who reserves the right to change the positioning of adverts at the beginning of each year of the contract. No adjustments, reinstatements or refunds whatsoever shall be made on account of the position and/or section in which an advertisement has been published. The Advertiser shall use its best endeavours to comply with position requests and other stipulations that appear on insertion orders, but cannot guarantee that they will be followed. The payment of a premium position fee shall in no way guarantee positioning. In the event that the Advertiser is unable to provide the requested positioning, the premium position fee will be refunded. No modification or guarantee of positioning by the Advertiser’s customer service representatives and/or account managers shall be binding on the Advertiser. Misclassification of classified adverts shall not be permitted.