Terms and Conditions
IMPORTANT: “Entries” (such as but not limited to advertisements and advertorials) are only accepted for publication in Caxton & CTP Printers and Publishers Ltd (the “Publisher”) publications and/or any publication subject to the following conditions:
ACCEPTABLE USE AND ACCEPTANCE OF ENTRIES
1. Space sold to the Advertiser is for the purpose of making announcements concerning their own business and may not be used for attacking or making comparisons with other advertisers, firms, institutions, or persons.
2. Entries must conform to all Government, Newspaper Press Union, Advertising Standards Authority and Publisher requirements.
3. The Publisher may refuse orders subject to any and a l l reason as determined in its sole discretion.
4. The Publisher is entitled to withhold any Entries f r o m publication and to cancel any order that has been accepted.
5. Any Entries considered unsuitable for publication by any reason, including without limitation its appearance, import, content, and wording, may be refused or revised.
6. Where the Advertiser signs a contract for more than one insertion, each insertion must appear in a different issue of the publication.
DUTIES OF THE PUBLISHER
7. Although every effort will be made to meet the wishes of the Advertiser, no undertaking is given in respect of the date and form of publication, the date, place, form, and number of copies of distribution,the form and position of Entries, and the number of copies printed.
8. The Publisher reserves the right to suspend issue on any date and to increase or decrease the usual number of editions and copies printed and/or distributed without notice.
9. No proof of publication for Entries will be submitted to the Advertiser by the Publisher.
10. Deadlines may be varied by the Publisher at any time.
DUTIES OF THE ADVERTISER
11.The Advertiser undertakes to place the specified number of Entries in the specified publications (or other qualifying publications of the Publisher as mutually agreed upon, reduced to writing, signed by both parties and attached hereto), as stipulated in the schedule above.
12.It is the sole responsibility of the Advertiser to supply Entries before the applicable deadlines in the correct size, format, language, and colour specification (the “Format”). Where Entries arebooked and the material arrives after deadline, or fails to arrive, or arrives in an unusable or incorrect format, the space shall be charged for.
13.It is the responsibility of the Advertiser to report any errors in Entries within two days of appearance.
LIMITATION AND EXCLUSION OF LIABILITY
14. The Advertiser shall have no claim against the Publisher whatsoever by virtue of any failure to publish or for publication on dates other than those stipulated by the Advertiser, or any typographical, translation or any other error of any kind or for any loss or damages in consequence of any of the above.
15. The Advertiser and their agents placing Entries in any publication of the Publisher indemnifies the publication and Publisher, their employees, agents, representatives, affiliates, suppliers, andshareholders against any and all liability in respect of damages, cost, or otherwise, that the Advertiser and/or their agents may incur as a result of the publication of the Entries.
TARIFFS AND PAYMENT
16. The Advertiser acknowledges having received a copy of the tariff card of the Publisher.
17. All approved accounts are payable on a basis of 30 days nett, otherwise cash with order.
18. On the announcement of new tariff rates, the Advertiser will be protected at this agreement for 30 days after the effective date of the new rates or until expiry of the contract, whichever occurs first. The balance of the schedule will be subject to the new rate, unless the contract is terminated in writing by the Advertiser within seven days of the announcement of the new rate.
19. All rates are nett and commission bearing Entries in terms of the Newspaper Press Union Rules.
20. In the event of the Publisher failing to insert a booked Entries, the said booking will be included in calculating the contract fulfilment.
CANCELLATION AND EXTENSION
21. Cancellation will not be accepted after the booking deadline for the applicable period’s publication.
22. Should the Advertiser exceed his contract commitment, no reduction shall be rebated for advertising that have already appeared. However, the contract may be revised at the request of the Advertiser whereafter the lower rate shall apply.
23. Should this contract be terminated by the Advertiser before the end of the specified period, other than in terms of Clause 18, the Advertiser shall immediately be liable for the difference between the discounted rate and the top rate for all advertising undertaken during the contract period.
24. The Publisher reserves the right to cancel this contract in the event of the Advertiser failing to make payment in accordance with our terms of nett 30 days. In the event of such cancellation, all advertising taken during the contract period will be subject to the charges as set out in Clause 23.
25. The Advertiser shall be responsible for, and hereby undertakes to pay the Publisher all expenses which the Publisher may incur arising out of the Advertiser’s default, including without limitation all costs of tracing the Advertiser, collection commission and all legal costs as between attorney and client.
26. The parties hereto consent to the jurisdiction of the Magistrate’s Court in terms of Section 45 of Act 32 of 1944 as amended, for the purposes of any dispute arising here from.
27. The booking of Entries pursuant to this contract must be in writing duly signed by the Advertiser or his agent and specifying the publications in which the Entries should appear and dates of publication.
28. This document contains the entire terms of thecontract between the parties and no warranties and/or representations and/or inducements of any nature have been given, made or held by the Publisher apart from those stated herein.
29. No variation (cancellation or alteration) of this contract shall be effective unless it is recorded in writing and signed by both parties and if so must reach the Publishers before the closing date of the issue for which the Entries has been placed.
I, the undersigned, hereby warrant that I am authorised thereto.
I further warrant that I have read and understand the conditions as set out herein and I agree to be bound by them.
I commit myself in my personal capacity as guarantor and co-principle debtor to the Publisher for the full payment of any and all amounts owed by the Advertiser to the Publisher, now and in the future