Definitions and Acceptance of the Terms and Conditions

1. All information provided by Sawubona Advertising and its affiliates is owned by or licensed to Sawubona Advertising and its affiliates and any user is permitted to store, manipulate, analyze, reformat, print and display the Sawubona Advertising Ltd Information only for user’s personal use. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any Sawubona Advertising Information in any format to anyone, and no user shall use any Sawubona Advertising 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. The Sawubona Advertising Information is provided to the users “as is”. Neither Sawubona Advertising Information nor its affiliates make any express or implied warranties of any kind regarding the Sawubona Advertising Information, including, without limitation, any warrantee of merchantability of fitness for a particular purpose or use. Neither Sawubona Advertising nor its affiliates will be liable to any user or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in the Sawubona Advertising Information or for any damages, whether direct or indirect, consequential, punitive or exemplary resulting there from.

3. Prior to the execution of a security trade based upon the Sawubona Advertising Information, you are advised to consult with your broker or other financial representative to verify pricing information.

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 on-going 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. In event of the client not meeting the production deadlines as per this agreement, the client permits the publishers to publish the latest version of previous material at their disposal. In such a case, the client accepts full responsibility for any errors, and will pay the full outstanding amount regardless thereof.

19. 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.

20. 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.

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. All orders are binding and are not subject to cancellation unless agreed upon by both parties in writing.

23. 50% cancellation fee is payable on all orders cancelled after the cooling period of (fourteen)14 working days has lapsed. In the event of non-publication of the Sawubona Business Brochure all amounts paid, will be fully refunded.

24. The client and/or its duly authorised representative are responsible for checking the accuracy of advert proofs sent. Failure to notify Sawubona Advertising of changes/amendments within seven (7) working days from date of advert proof being sent will result in advert being published as is.

25. Cancellations or changes cannot be guaranteed in classified advertising between the time the advert is ordered and the initial publication.

26. Cancellations must be submitted in writing, one month prior to initial contract date failing which, the contract is automatically renewed.

27. 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.

28. All outstanding monies are payable on presentation of invoice. 12.5% interest will be charges on overdue accounts.

29. All costs incurred by Sawubona Advertising CC to make changes to your advertising material will be at extra charge.

30. Charges for changes [not corrections] from original layout and copy will be based on current composition rates.

31. 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.

32. 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.

33. Payment of account is not dependent upon receipt of invoices, either physical or electronic.

34. 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.

35. Promotional codes apply only to quarter and half page full colour adverts for Print and full colour adverts only for Online.

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Address: 31 Newquay Road, New Redruth, Alberton, Gauteng, South Africa
Phone: +27 (0) 11 824 5555

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