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STANDARD CONDITIONS FOR THE SUBMISSION OF ADVERTISEMENTS FOR AFRICA-BEAT.COM
1. Definitions
For the purposes of these conditions:
a. "Advertisement" shall mean the material to be printed on a page or separately
inserted in the Magazine
b. "the Advertisement Rates" shall mean the rates set out in the Rate Card
c. "the Advertiser" shall mean the person placing the order for the insertion of
the Advertisement with the Publisher
d. "the Cancellation Date" shall mean the date upon which the Advertiser shall be
required to notify the Publisher of any cancellation of an order as set out in the
Rate Card
e. "the Copy Date" shall mean the dates for receipt of artwork and copy in effect
at the Order Date as stipulated in the Rate Card
f. "the Copy Deadline" shall mean a time of day specified by the Advertisement Director
in respect of which time shall be of the essence
g. "the Insertion Order" shall mean the order form in effect at the Order Date
h. "the website" shall mean Afrika Live.com
i. "the Order Date" shall mean the date upon which the insertion order is made by
the Advertiser
j. "the Production Specifications" shall mean the specifications in effect at the
Order Date stipulated in the Rate Card
k. "the Publisher" shall mean Afrika Live Limited
l. "the Rate Card" shall mean the Publisher's Rate Card in effect at the Order Date
2. Submission of Advertisement
All Advertisements are required to be submitted to the Publisher in a form that
complies with the Production Specifications together with a completed Insertion
Order and payment of the applicable Advertisement Rate.
3. Payment Terms
3.1 In the absence of any prior specific written arrangement between the Publisher
and the Advertiser, payment for any Advertisement (including any associated production,
late copy and box number charges) will be due not less than seven days in advance
of publication
3.2 Where the Publisher has expressly agreed in writing to give the Advertiser credit
the time for payment shall be no later than close of banking on the 30th day following
the date of the invoice therefore
3.3 The Advertiser shall together with payment supply full details of such remittance
specifying the invoice number (if available) and advertisement date.
3.4 Payment of all sums due shall be made to Afrika Live Ltd by cash or cheque or
shall be transferred electronically to Afrika Live’s bank account.
3.5 Payment for any Advertisement shall be made as aforesaid whether or not the
Advertiser shall have received the Publisher's invoice and notwithstanding any query
about any element of invoices
3.6 In the event that payment is not made by the due date (in respect of which time
shall be of the essence) the Publisher reserves the right not to place the advertisement:
4. Right to Reject/Alter
4.1 the Publisher may, without derogation from the warranties now given by the Advertiser,
refuse or require to be amended any artwork, materials and copy for or relating
to an Advertisement so as:-
4.1.1 to comply with the legal or moral obligations placed on the Publisher or the
Advertiser; or
4.1.2 to comply with the production and quality specifications stipulated or referred
to in the Production Specifications
4.2 The Publisher has the right at its discretion to decline to publish, or to omit,
suspend, alter edit crop resize and reformat or change the position of any Advertisement
otherwise accepted for insertion, however the Publisher will use reasonable efforts
to comply with the specified written requirements of the Advertiser although the
Publisher does not warrant the date of insertion, the wording, or the quality of
the colour or mono reproduction of the Advertisement.
5. Submission Terms
5.1 The Advertisement and all artwork and copy must be received by the Publisher
no later than the Copy Deadline on the Copy Date and the Advertiser shall supply
the Advertisement in such form as the Publisher shall specify in the Production
Specifications. It is the responsibility of the Advertiser to check the correctness
of the Advertisement and the Publisher accepts no liability for any error in any
Advertisement. In the event that the material submitted to the Publisher does not
comply with the Production Specifications, the Publisher shall be permitted either
to reject or to amend the Advertisement as stated in these Conditions. In the event
that the Publisher elects to make alterations to the Advertisement to comply with
the Production Specifications the Advertiser agrees to pay to the Publisher in addition
to the Advertisement Rate an alteration fee calculated on the basis of the time
spent (man hours) making the alterations required, at the rate of $50.00 per hour.
5.2 In the event that the Advertiser submits the artwork and copy referred to above
to the Publisher after the Copy Deadline, the Publisher shall at its discretion
be entitled either to:- a) reject such Advertisement, in which case it shall be
deemed cancelled for the purpose of this Agreement, or b) accept the same for inclusion
in the next issue of the Magazine in which case the Advertiser agrees to pay to
the Publisher in respect of each Advertisement submitted after the Copy Deadline
and included in the Magazine.
6. Cancellation Terms
6.1 The Publisher shall not be bound by any notification of cancellation unless
it is in writing and received by the Publisher by the Cancellation Date.
6.2 Any cancellation instruction otherwise than prior to the Cancellation Date shall
not (notwithstanding it may be followed by the Publisher) affect the Advertiser's
liability for payment for the Advertisement.
6.3 The Publisher may treat as a cancellation the fact that the Advertiser has failed
to pay any monies to the Publisher on or before the due date or is deemed unable
to pay its debts within the meaning of Insolvency Act 1986 or is otherwise in breach
of any of the other terms and conditions set out herein.
6.4 Any series discounts or reduced advertising rates granted by the Publisher for
multiple advertisements apply only in the event that and are conditional upon all
advertisements contemplated are placed. In the event that the Advertiser cancels
or does not conclude any series or multiple advertisements, the Advertiser relinquishes
the right to the discount or reduced rate and Advertisements will be charged and
paid for at the otherwise applicable rate or if none is specified the full rate
7. Copyright
7.1 The Advertiser hereby grants to the Publisher a worldwide licence to reproduce,
display and copy the Advertisement on the website.
7.2 The copyright in all artwork, copy and other material which the Publisher or
its employees or contractors has originated or re-worked shall vest in the Publisher.
8. Warranties
The Advertiser warrants and confirms that:-
8.1 In relation to an Advertisement the Advertiser contracts with the Publisher
as principal notwithstanding that the Advertiser may be acting directly or indirectly
as an advertising agent or media buyer or in some other representative capacity;
8.2 The reproduction and/or publication of the Advertisement by the Publisher as
originally submitted or as amended pursuant to clause 4 will not breach any contract
or infringe or violate any copyright, trade mark or any other personal or proprietary
right of any person or render the Publisher liable to any proceedings whatsoever;
8.3 Any information supplied in connection with the Advertisement is accurate, complete
and true;
8.4 In respect of any Advertisement submitted for publication which contains the
name or pictorial representation (photographic or otherwise) of any living person
and/or any part of any living person and/or any copy by which any living person
is or cannot be identified the Advertiser has obtained the authority of such person
to make use of their name, representation and/or copy;
8.5 In relation to any investment advertisement, the Advertiser is or the contents
of the Advertisement have been approved by, an authorised person within the meaning
of the Financial Services and Markets Act 2000, or the Advertisement is otherwise
permitted under such Act.
8.6 The Advertisement shall not be obscene or libellous and complies with the requirements
of all relevant legislation (including subordinate legislation, the rules of statutorily
recognised regulatory authorities and the law of the European Economic Community)
for the time being in force or applicable in the United Kingdom; and
8.7 All advertising copy submitted to the Publisher is legal, decent, honest and
truthful and complies with the British Code of Advertising Practice and all other
relevant codes under the general supervision of the Advertising Standards Authority
8.8 The Advertiser indemnifies the Publisher and agrees to keep it indemnified against
all claims, costs, proceedings, demands, losses, damages, expenses or liability
whatsoever arising directly or reasonably foreseeably as a result of any breach
or non-performance of any of the representations, warranties or other terms contained
in the conditions or implied by law
9. Limitation of Liability
9.1 Any Advertiser's complaint, claim or query other than in respect of any error
covered by the provisions of clause 4 above (whether in relation to the Advertisement
or an invoice) must be raised within 28 days following the date when the Advertisement
appeared or should have appeared and shall not be valid thereafter. Without prejudice
to the Publisher's right to be paid for the Advertisement:-
9.1.1 in no circumstances shall the total liability of the Publisher for any error
or omission exceed the charge for the Advertisement in question;
9.1.2 any complaint, claim or query shall not affect the liability of the Advertiser
for payment by the due time of the Publisher's charges for that and any other Advertisements.
9.2 The Publisher shall not be liable for any indirect or consequential loss (including
without limitation, business interruption and loss of profits, business, goodwill,
anticipated savings, information and data) whether arising out of negligence, breach
of contract or otherwise and whether or not the party was advised of the possibility
of such loss by the other party or for any liability arising from the publication
of any material submitted by the Advertiser
9.3 The Publisher will not be liable for any loss of copy, artwork, photographs
or other materials, which the Advertiser warrants that it has retained in sufficient
quality and quantity for whatever purpose it may require.
9.4 Where the Advertiser is an advertising or other agent instructed by a third
party, the Advertiser warrants that it is authorised by such third party to place
the advertisement with the Publisher and shall indemnify the Publisher against any
claims made by such third party against the Publisher arising from the publication
thereof
9.5 The Publisher reserves the right to destroy all artwork and other materials
which has been in his custody for 12 months from the date of its last submission
or appearance in the Magazine if later.
10. Miscellaneous
10.1 The Publisher maintains a totally impartial editorial policy and it is agreed
and understood that advertisers are not entitled or favoured for an editorial mention
in exchange for taking an advertisement.
10.2 While reasonable endeavours will be made to forward to the Advertiser or as
it may direct as soon as possible after.
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