Terms & Conditions
Definitions and Acceptance of the Terms and Conditions
1. All information provided by Access Directory Services (Pty) Ltd and its affiliates is owned by or licensed to Access Directory Services (Pty) Ltd and its affiliates and any user is permitted to store, manipulate, analyze, reformat, print and display the Access Directory Services (Pty) Ltd Information only for user’s personal use. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any Access Directory Services (Pty) Ltd Information in any format to anyone, and no user shall use any Access Directory Services (Pty) Ltd 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.
2. Prior to the execution of a security trade based upon the Access Directory Services (Pty) Ltd Information, you are advised to consult with your broker or other financial representative to verify pricing information.
3. The Access Directory Services (Pty) Ltd Information is provided to the users “as is”. Neither Access Directory Services (Pty) Ltd Information nor its affiliates make any express or implied warranties of any kind regarding the Access Directory Services (Pty) Ltd Information, including, without limitation, any warrantee of merchantability of fitness for a particular purpose or use. Neither Access Directory Services (Pty) Ltd nor its affiliates will be liable to any user or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in the Access Directory Services (Pty) Ltd Information or for any damages, whether direct or indirect, consequential, punitive or exemplary resulting there from.
Content and Delivery of Advertisements
4. The advertiser and advertising agency assume liability for all content [including text representation and illustrations] of advertisements published and also assume responsibility for any claims arising thereof made against The Publisher, including costs associated with defending against such a claim.
5. The advertiser or advertising agency shall pay the cost of composition of advertisements set but not used.
6. Advertiser (and agency) may not resell any advertising or advertising space.
7. Advertisers are responsible for checking the accuracy of the proofs they request. The advertiser should carefully check the entire advert proof, including areas in which changes or corrections were not requested.
8. The Publisher reserves the right to edit, revise or reject any advertising.
9. The Publisher shall be under no liability whatsoever by reason of error, including any translation error, for which it may be responsible in any advertisement beyond liability to give the advertiser or advertising agency credit for as much of the space occupied by the advertisement as is materially affected by the error; and its obligation to give such credit shall not apply to more than one incorrect insertion under any contract or order unless it is notified of the inaccuracy prior to the deadline for repetition of the insertion.
10. The Publisher does not guarantee any given level of circulation or readership for an advertisement.
11. All positions are at the option of The Publisher. In no event will adjustments, reinstatements or refunds be made because of the position and/or section in which an advertisement has been published. The Publisher will seek to comply with position requests and other stipulations that appear on insertion orders, but cannot guarantee that they will be followed. Payment of a premium position fee does not guarantee positioning. In the event that The Publisher is unable to provide the requested positioning, the premium position fee will be refunded. Customer service representatives and Account Managers are not authorized to modify this provision or to guarantee positioning on behalf of The Publisher. Misclassification of classified adverts is not permitted.
12. The Publisher shall be under no liability for its failure for any cause to insert an advertisement.
13. The Publisher 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 other publications.
14. The Publisher will not be responsible for errors appearing in advertisements that are placed too late for proofs to be submitted or for errors due to delivery of printing materials past publishing deadlines from the advertiser or advertising agency or from a third party designated by the advertiser or advertising agency as a source for printing material.
15. The Publisher does not assume any liability for the return of printing material in connection with advertising unless a specific written request is received to hold such material subject to order for a period not exceeding 30 days.
16. Claims for errors must be made within 30 days following publication date.
17. Insertion orders are accepted by The Publisher subject to the ongoing terms and conditions. Terms, conditions, rates or agreements not set forth herein or in then-current rate schedules are not binding on The Publisher. Customer service representatives and Account Managers are not authorized to modify these terms and conditions.
18. All advertising amounts are excluding VAT.
19. Any advertorial changes, excl corrections, after artwork has been approve will be charged on the current design labour rate.
20. Clients paying on a monthly basis have to do so by no later than the 07th of every month. Should they fail to pay any instalment in full on or before the due date, the full balance of the invoice will become due and payable.
22. All outstanding accounts will incur interest at the current prime lending rate of South Africa + 2% per annum.
23. A dishonouring fee of R550 will be charges for all cheques not honoured by the bank. These cheques should immediately be replaced with an EFT payment within 48 hours.
24. Should the account be referred to a 3rd party for collection or mediation, the client will be liable for all fees relating to collection mediation and or attorneys fees.
25. No receipt of invoice does not validate non payment of account.
26. Clerical errors relating to rates, charges, dates or names that do not correspond will be viewed as human error.
27. On signing and returning of entry form the signatory confirms that he/she is duly authorised by the client to play advertisements on their behalf. Should for whatsoever reason the signatory leave the employ of the clients, this entry form will still be binding and lack of authority cannot be raised.
28. The signatory declares that he/she has the authorization to sign for and place advertisements on behalf of the client and is aware of the costs for such advertisements.
29. On signing and returning of the entry form the signatory confirms that he/she is duly authorised by the client to place advertisement on their behalf. Should for whatsoever reason the signatory leave the employ of the clients, this entry form will still be binding and lack of authority cannot be raised.
30. Access Directory Services (Pty) Ltd accepts the duly signed Contract upon acceptance by Email, Fax or hand delivery.
31. All orders are binding and are not subject to cancellation unless agreed upon by both parties in writing.
32. Cancellations or changes cannot be guaranteed in classified advertising between the time the advert is ordered and the initial publication.
33. Cancellations shall only be accepted within Seven (7) working 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.
34. Multi-insertion orders will be accepted only when in writing. Cancellation of multi-insertion orders must be confirmed in writing.
35. Cancellations must be submitted in writing, one month prior to initial contract date failing which, the contract is automatically renewed.