These Terms are the contract:
BETWEEN:
a. The party (whether principal or agent)(“Advertiser”); and
b. AWSUM News, a division of TieMedia (Registration No. 18/07/2013) (“AWSUM News”)
ABOUT: the rendering of advertisements (“the Ads”) in the AWSUM Newspaper, special editions or any other AWSUM printed products.
1. Advertiser undertakings
The Advertiser guarantees to AWSUM News that:
a. any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
b. it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
c. the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of conduct;
d. the Advertisement will not be prejudicial to the image or reputation of AWSUM News;
e. all Advertisements submitted for publication online will be free of any viruses.
2. Payment
The party making a booking is liable for payment unless the full name and address of the party liable is then given in writing in which case that person is deemed to have warranted that he/she is duly authorized by that party. The Advertiser will pay AWSUM News for Advertisements:
a. in accordance with the rates set out in the relevant rate cards (which may be varied at any time by AWSUM News without notice) unless otherwise agreed in writing by AWSUM News;
b. The fee for every advertisement must be paid in full on date of publication;
c. The Advertiser will be invoiced 10 days prior to print publication;
c. Payments can be made via direct deposit or via debit order into our bank account. If payment was made via cheque, the cheque must be cleared on date of publication;
d. If not special arrangement is stated on this contract, the full amount must be paid in full.
3.Failure to pay
If any payment is not received by AWSUM News on or before the date that such payment is due, or if the Advertiser commits an act of bankruptcy (in the case of an individual), or is unable to pay its debts as and when they fall due, enters into any arrangement with its creditors other than in the ordinary course of business, passes a resolution for administration, winding up or liquidation (other than for the purposes of re-organisation or reconstruction), has a receiver, manager, liquidator or administrator appointed to any of its property or assets or any petition is presented for its winding up (all in the case of a body corporate), AWSUM News may
a. immediately and without notice, suspend or cancel all advertising orders of the Advertiser and terminate any agreement in relation to Advertising not yet published;
b.require cash pre-payment for any further Advertising;
c. accrue 2% interest per month on all overdue amounts from the due date until date of payment
d. take proceedings against the Advertiser for any outstanding amounts;
e. In the event of AWSUM News instructing its attorneys to recover monies from the Advertiser, the Advertiser shall be liable for and shall pay all legal costs incurred by AWSUM on an attorney/client scale, inclusive of collection commission.
4. Cancellation
The Advertiser has within five days since date of signature to cancel the contract without penalty (“Cooling-Off Period”). Cancellations made within 5 days of signed contract, will be processed without a penalty, cancellations made after 5 working days, will be subject to a charge of 50% of the advertisement rate.
5. The Advertisement
a. Materials for an advertisement must be provided no later than the deadline specified by AWSUM News.
b. The complete Advertisement must be sent or delivered to us by email or on CD in PDF format in at least actual size and at 300dpi.
c. Should the Advertisement be designed by TieMedia, a R250 fee per change will be charged and the Advertiser is allowed 3 revisions, whereafter another R250 will be waived.
d. AWSUM News assumes that your artwork is as you want it and do not send proofs unless specifically requested. If a proof is sent it will be deemed approved if there has been no response from the advertiser within 48 hours.
e. Front and back page bookings are subject to availability. AWSUM News cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of AWSUM News. However, AWSUM News will use reasonable efforts to comply with the wishes of the Advertiser.
6. The laws of the Republic of South Africa shall apply to these T&C’s.
7. Any claims, legal proceeding or litigation arising in connection with any of these terms shall be subject solely to the jurisdiction of the courts of the Republic of South Africa.
8. No modification of these terms shall be binding unless in writing and signed by both parties.
9. If any provision herein is held to be unenforceable, the remaining provisions shall remain in full force and effect. All rights and remedies hereunder are cumulative.
10. Each party chooses as its domicilium the address set out in the relevant booking form.
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