Terms & Conditions – SADC Yellow
Nothing in these Terms and Conditions or in the Agreement shall affect any statutory rights that you may have as a consumer. Unless otherwise agreed in writing, the following terms and conditions will be binding on all dealings between SADC Yellow (hereinafter referred to as the Publisher) and its Client’s. SADC Yellow reserves the right to change these terms and conditions without notice and the Client agrees to be bound by such changes.
All information provided by SADC Yellow and its affiliates is owned by or licensed to SADC Yellow and its affiliates and any user is permitted to store, manipulate, analyze, reformat, print and display the SADC Yellow Ltd Information only for user’s personal use.
In no event shall any user publish, retransmit, redistribute or otherwise reproduce any Information in any format to anyone, and no user shall use any SADC Yellow 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.
A. Our Agreement With You
A.1. As a customer of SADC Yellow these terms and conditions form the basis of our agreement.
A.2. The Agreement shall be concluded when the order form is solely accepted and signed by the Client, dated and stamped, and thereafter considered as a legally binding document.
A.3. The placing of an order for the insertion of an advertisement, marketing project, creative work or production work, whether written or verbal, shall be deemed to be the acceptance of the conditions and agreement to abide by them.
A.4. If you are entering into these terms and conditions on behalf of your employer or acting as an employee by signing the order form, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.
B.1. The customer shall deliver to the Publisher all drafts, concepts, text, graphics, logos, photographs, images, illustrations and other materials in order for the Publisher to supply the services in the agreed format. Whilst every effort will be made to ensure that the advertorial appears correctly, the Publisher’s liability is limited to the cost of the advertising space.
B.2. It is the Customer’s responsibility to ensure that all Advertisements are correct, accurate and not misleading. SADC Yellow accepts no responsibility for any errors in an Advertisement including (without limitation) any errors which arise as a result of any changes or alterations undertaken by SADC Yellow at the Customer’s request.
B.3. All advertising material must be supplied to the Publisher in accordance with the advertorial specifications by the Advertising Deadline.
B.4. The Publisher whole or part of any Material, Advertisement Order or Advertisement submitted for insertion into a SADC Yellow Publication at any time, whether or not it has accepted the Advertisement Order, including the dates for publication and positioning of the Advertisement, or to accept the Advertisement Order subject to additional conditions which will be notified by SADC Yellow to the Customer.
B.5. All advertisements are accepted subject to the Publisher’s approval, without prejudice.
C. Content and Delivery of Advertisements
C.1. 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.
C.2. The advertiser or advertising agency shall pay the cost of composition of advertisements set but not used.
C.3. Advertiser (and agency) may not resell any advertising or advertising space.
C.4. 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.
D. Publication of Advertisement
D.1. The Publisher reserves the right to edit, revise or reject any advertising.
D.2. 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.
D.3. 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.
D.4. The Publisher shall be under no liability for its failure for any cause to insert an advertisement.
D.5. 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.
D.6. 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.
D.7. Claims for errors must be made within 30 days following publication date.
D.8. 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.
D.9. The Customer grants SADC Yellow an irrevocable, world-wide, royalty-free licence to reproduce, publish and republish the Advertisement within the relevant SADC Yellow Publication.
E. Invoice Query
E.1. Any query or dispute arising from any invoice submitted must be raised in writing by email or recorded delivery letter not later than 7 working days from date of invoice.
E.2. If no query is raised by the Client within this period, it will be deemed as having been accepted in full.
F. Terms of Payment
F.1. As per our tax invoice, payment is to be made strictly upon receipt of invoice or otherwise stated.
F.2. The Price and Fees are, unless stated otherwise are exclusive of VAT and are exclusive of any telecommunications or other charges (including any banking or payments charges). VAT is applicable at the prevailing rate and the price and fees shall not be subject to any adjustment or increase.
F.3. Charges for changes [not corrections] from original layout and copy will be based on current composition rates.
F.4. If agreed upon by both parties in writing, 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.
F.5. Unless otherwise agreed by SADC Yellow in writing, SADC Yellow shall invoice the Customer for all amounts as they become due.
F.6. Without prejudice to any other rights or remedies that the Publisher may have, if the Customer fails to pay SADC Yellow on the due date for payment, SADC Yellow may:
F.6.1. Claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 and the Customer shall pay the interest immediately on demand.
F.7. The Customer may terminate any Advertisement in accordance with clause 5.1. The Customer has no other rights of cancellation. In the event that the Customer cancels an Advertisement other than in accordance with clause 5, the Customer acknowledges and agrees that it shall remain fully liable to pay to SADC Yellow for the Advertisement.
G. Cancellation Policy
G.1. All orders are binding and are not subject to cancellation unless agreed upon by both parties in writing.
G.2. The client shall have no right to terminate a contract, allege breach of contract, or seek any cancellation or reduction. Refer to Section A, Clause A.2.
G.3. Cancellations or changes cannot be guaranteed in classified advertising between the time the advert is ordered and the initial publication.
G.4. Multi-insertion orders will be accepted only when in writing. Cancellation of multi-insertion orders must be confirmed in writing.
G.5. Written cancellations are to be submitted no later than SEVEN (7) working days from date of signature on agreement to advertise. Should cancellations be received after this cooling-off period a cancellation fee of 55% will be payable to expenses incurred and/or services rendered.
G.6. Payment to the cancellation fee will not be accepted in instalments and the total amount will only be accepted if paid within SEVEN (7) working days from submission of invoice failing which, the cancellation invoice will become null and void and the total amount on initial invoice will become due and payable.
G.7. Cancellations must be submitted in writing, one month prior to initial contract date failing which, the contract is automatically renewed.
All materials on this website are the copyright of SADC Yellow or are reproduced with permission from its Client’s. All rights are reserved.