Terms and Conditions
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1. All advertisements are accepted and published by the Publisher in reliance upon the representations of the Agency and/or the Advertiser that such party is authorised to publish the entire contents and subject matter thereof and that the advertisement or part thereof or the publication of the advertisement does not in any way violate or breach any of the laws of the Hong Kong Special Administrative Region. In consideration of publication of an advertisement, the Advertiser and his Agency, if such is a party to this agreement, jointly and severally agree to indemnify and hold harmless the Publisher, its officers, agents and employees in respect of all or any costs, damages or other charges falling upon the Publisher including but not limited to legal actions or threatened legal actions a rising from the publication of any advertisement together with any and all other losses resulting from the publication of any advertisement by the publisher, including but not limited to any claims or actions in respect of libel, slander, violation of any rights of privacy, copyright infringement, violation of trademark or any other intellectual property rights.
2. The usual fifteen percent (15%) Agency Commission discount are available to Advertising Agencies recognised by the Publisher.
3. Any Agency Commission shall be valid and maintained only if all accounts due and payable to the Publisher are paid in full as per the credit term agreed upon as printed on the contract or within such a period as agreed to in writing between the Publisher and the Advertiser or Agency concerned. Non-payment of accounts or invoices or failure to provide the Publisher with advertising materials as and when required and in the format specified by the Publisher is a ground for the Publisher to revoke this contract. On revocation, the Advertiser shall pay the Publisher the sums detailed in Clause 7 herein. The Publisher shall not be liable for any l
oss or damage arising as a result of non-publication and cancellation of the relevant contract.
4. Any advertising contract will be considered completed when the total value of the contract has been fulfilled. Advertisement sizes may be increased with the permission of the Publisher. However, advertisement sizes booked may not be decreased. All advertisements must be published within the contract period, which may under no circumstances exceed one year.
5. For the avoidance of doubt, in the event of any Advertiser or its Agent withdrawing any advertisement or failing to provide the Publisher materials required to effect publication before the Publisher's deadline, the Advertiser or Agent is responsible for full payment of all and any of the advertising space booked and contracted. In the event of advertising copy instructions and/or advertising materials not being received before the Publisher's deadline, the Publisher reserves the right to repeat a previous advertisement of the same size or to run a house advertisement in respect of which the Advertiser will be liable for full payment. The Publisher bears no responsibility for neither the publication of, nor the reproduction quality of advertising materials that are submitted after the Publisher's deadline as stated in respect of receipt of advertising materials.
6. The Advertiser may only cancel this contract by sending a request for cancellation in writing via registered mail to the Publisher. The Publisher shall not be bound by any stop orders, cancellations, transfers of advertisements or requests for special or specified positions received after the booking closing date as defined on the Publisher's rate card. If this contract is cancelled, the Advertiser or Agent for the Advertiser as a party hereto if appropriate hereby agrees to pay the Publisher the relevant rate on the Publisher's rate card, without discounts, for all and any advertisements published. The Advertiser further agrees to pay the Publisher on demand in addition to any costs required to effect recovery from the Advertiser, an administration fee of HK$5,000. The Publisher holds the right to cancel the contract and recover the aforementioned cancellation costs if the advertiser fails to complete the contract by the expiry date.
7. The Publisher reserves the right to suspend/stop any contracted advertisements should the advertiser fail to abide with the payment/credit terms as determined on the contract.
8. The Publisher will use its best endeavours to adhere to any schedule of dates for publication and in respect of requested positions for advertisements, but does not give any warranty of guarantee in respect thereof. It is a condition of acceptance of advertisement orders that no such warranty or guarantee is given.
9. The Advertiser may request that insertion dates of an advertisement be amended and any such request shall be made in writing to the Publisher and received at least ten (10) days prior to material deadline as defined on the Publisher's rate card. Any amendments to the insertion dates will be made at the Publisher's sole discretion. Requests for any alterations of insertion dates not received in writing within ten (10) days prior to material deadline will not be accepted.
10. The publisher at all times reserves the right to edit, revise or reject in whole or part any advertisement with or without notice to the Advertiser and shall not in any way be liable for any loss or damage arising as a result of non-publication or amendment nor shall the Publisher provide any refund or other compensation in the event of non-publication or amendment as aforesaid.
11. The Publisher, its employees or agents shall not be responsible for errors in the insertion or omission of any advertisement, the content thereof and /or any damage or loss howsoever occurring to drawings, films, photographs or other materials provided to the Publisher for the purpose of or in connection with any advertisement. Unless claimed by the Advertiser, all advertising materials provided to the Publisher will be disposed of after two months of publication date or proposed publication date without further notice.
12. Agreements, conditions, rates, rules or regulations not set forth or described herein or appearing in the Publisher's Advertising rate card or technical specifications will not be binding and the Publisher hereby gives notice that such are produced for the guidance of Advertisers only.
13. The Publisher reserves the right to revise advertising rates upon written notice at any time in respect of any publication. The Publisher also reserves the right to revise and vary the circulation quantity in respect of any publication without prior notice. Advertising rates appearing on contracts do not guarantee any fixed circulation quantity and no warranty of such is made. The Publisher is not bound by any verbal or written circulation claims.
14. All complaints or claims regarding advertisements published must be made in writing to the Publisher within three (3) days following the date of publication and sent by registered post or recorded delivery to the registered office of the Publisher. No complaint or claim will be honoured if advertising material does not conform to the Publisher's current technical specifications. Copies of the technical specifications are available from the Publisher upon request.
15. The Advertiser understands and agrees that editorial coverage is entirely unconnected to advertising. The Publisher does not promise any editorial coverage whatsoever in exchange for advertising. Both parties agree that no promise or guarantee of editorial coverage has been made or implied.
16. The placing of an order with the Publisher for the insertion of an advertisement shall amount to full acceptance of all the above conditions. Any further conditions stipulated in the Publisher's order form or elsewhere by the Publisher shall be void in so far as they are in conflict with the above conditions.
17. This contract forms the entire agreement between the parties. Both parties agree that the publisher shall not be bound by any other communication between the parties, whether written or verbal, save and except an Advertisement Amendment Form duly signed by both parties. Quotations, sales letters and proposals by the Publisher shall in no way be binding on the Publisher. Both parties further agree that no terms or conditions applied by the advertiser to an order for advertising shall be binding on the Publisher.
18. The Publisher reserves the right to amend, vary, replace or cancel any of the aforementioned terms and conditions without prior notice to the Advertiser. The Publisher shall in no way be liable for any loss or damage arising as a result of changes to the terms and conditions herein.
19. Any views expressed in articles and advertisements appearing in the Publication are not endorsed by the Publisher. No responsibility is accepted by the Publisher for the accuracy of any information contained in any articles or advertisements.