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 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. Charges for changes [not corrections] from original layout and copy will be based on current composition rates.
20. On advertising where a debit order is allowed, monthly accounts are due and payable on or before the fifteenth [15th] of the month following booking. When any part of an account for advertising becomes delinquent, then the entire amount owed shall become due and payable and The Publisher may refuse to publish further advertising. In this event, the advertiser or agency shall pay for advertising space actually used according to the rate earned at the time of the delinquency.
21. Extension of credit to advertising agencies is based on the agency’s acceptance of sole liability for all advertising placed by it and billed to its account. No endorsement, statement or disclaimer on any insertion order, check or letter shall act as an accord or satisfaction, or as a waiver of this condition unless and until it is accepted by The Publisher by a separate written agreement signed by a duly authorized representative of The Publisher. In the event of non-payment of any agency account, prior to referring said account for third party collections, The Publisher reserves the right to contact the agency’s client(s), as disclosed principal(s), for payment. If the outstanding balance is still not satisfied, The Publisher may proceed with collections against both the agency and its client(s). No such action on the part of The Publisher shall relieve the agency of liability for the debt.
22. Payment of all undisputed invoices must be made within The Publishers terms. All outstanding accounts will attract an interest fee of not less than 9.25% per month and is usually calculated at the prime lending rate plus 10.25% per annum.
23. There will be a ZAR500.00 charge for any cheque not honoured by the bank. Returned cheques must be replaced with guarantees/cashier/ internet transfer funds within 48 hours of notification. The Publisher reserves the right to withhold further advertising pending receipt of replacement funds.
24. In the event an account is referred to a third party for collection, advertiser agrees to pay collection and/or attorney fees, as well as court costs incurred to effect collection on an attorney and own client scale.
25. Payment of account is not dependent upon receipt of invoices, either physical or electronic.
26. Incorrect rates that do not correspond to the rate card will be regarded as clerical errors and the advertisements will be published and charged at the applicable rates in effect at the time of publication.
27. Preprint advertisers are billed based on average circulation within the purchased advertising zones, as published in The Publisher’s period estimates, which may vary slightly from the number of inserts distributed on a particular issue. The Publisher will not be responsible, nor provide billing or rate adjustments, for shortages resulting from these variances, including variances due to errors in the insertion or distribution process, shortages in the advertiser’s delivery of preprints, and inserts that are not within the posts insert specifications.
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. All orders are binding and are not subject to cancellation unless agreed upon by both parties in writing.
30. 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 35% of the costs of the advert as booked/ordered.
31. Cancellations or changes cannot be guaranteed in classified advertising between the time the advert is ordered and the initial publication.
32. Multi-insertion orders will be accepted only when in writing. Cancellation of multi-insertion orders must be confirmed in writing.
33. Cancellations must be submitted in writing, one month prior to initial contract date failing which, the contract is automatically renewed.