10.1 Group Editors Co (Pty) Ltd (“Group Editors”) accepts advertisements for publication in the following newspapers and websites: George Herald (www.georgeherald.com), Mossel Bay Advertiser (www.mosselbayadvertiser.com), Knysna-Plett Herald (www.knysnaplettherald.com), Oudtshoorn Courant (www.oudtshoorncourant.com), Suid-Kaap Forum (www.suidkaapforum.com), Graaff-Reinet Advertiser (www.graaffreinetadvertiser.com), Mossel Bay Home Ads News and Idinga - on the terms and conditions as set out below. No variation or amendment of these terms and conditions shall be valid unless such variation and/or amendment is reduced to writing and signed by a duly authorised representative of Group Editors and the advertiser (the person placing the order for the advertisement, whether they are the advertiser of the product or service referred to in the advertisement or the advertising agent for such advertiser).
10.2 These terms and conditions apply to print advertisements and inserts in the Newspapers (referred to as “advertisements”), as well as online advertising.
10.3 By placing an order for one or more advertisements, the advertiser accepts and agrees to be bound by these terms in full.
Content and Delivery
10.4 Materials, content and information for an advertisement must be provided to Group Editors by the advertiser no later than the deadline specified for publication in any newspaper or website. It is the sole responsibility of the advertiser to (a) inform itself of such deadline and (b) ensure that all the material, content or information is received by Group Editors timeously and in good order.
10.5 Where the advertiser is an advertising agency, the advertiser warrants and guarantees that it is authorised to order and place the advertisement and indemnifies Group Editors against any claims made by any person relating to such advertisement and/or the publication thereof.
10.6 The advertiser further warrants and guarantees that:
10.6.1 All information supplied by and in connection with the advertisement is accurate, complete, true and not misleading;
10.6.2 He/she/it has obtained the consent of any person whose name or image (in whole or in part) is contained in any advertisement;
10.6.3 The advertisement is legal, decent, and honest, not contrary to any applicable legislation, regulation or code, is not libellous and does not infringe the rights of any person or entity;
10.6.4 The advertisement will not be prejudicial to the image or reputation of Group Editors or any of the newspapers and will not contain anything which Group Editors in good faith considers to be offensive or inappropriate.
10.7 Group Editors may, without attracting liability or responsibility to the advertiser, refuse to publish, reject, cancel, remove, suspend, change the position or require the amendment of any advertisement which it, in its sole discretion, determines to be unsuitable or contrary to these Terms and Conditions.
10.8 Group Editors may refuse to publish any advertisement for any advertiser who is indebted to Group Editors in respect of any advertising in any of the newspapers or websites.
10.9 The publication of an advertisement by Group Editors does not mean that Group Editors accepts that the advertisement complies with or has been provided in terms of these Terms and Conditions or that Group Editors has waived its rights in terms of these Terms and Conditions.
10.10 Advertisers may apply for a credit account with Group Editors. Advertisers who have applied for and been accepted as credit account advertisers are liable to pay all amounts due to Group Editors in terms of the terms and conditions relating to such account.
10.11 Unless an advertiser has been granted an account by Group Editors or other payment terms have been agreed in writing between an advertiser and Group Editors, Group Editors will only provide services relating to and publication of advertisements on a prepayment basis, with receipt of full payment required before rendering of any service relating to or publication of any advertisement.
10.12 Group Editors may amend any rates at any time and such changes to rates will be of immediate force and effect but will not apply to orders for publication of advertisements placed prior to the date of such change, nor in respect of advertisements for which the rate for publication has been agreed differently in writing between the advertiser and Group Editors.
10.13 Group Editors may occasionally be unable to distribute the number of inserts agreed with an advertiser on a specific day due to factors beyond its control. In such circumstances, Group Editors will distribute the balance of such Inserts at the next suitable opportunity and the advertiser will remain liable for the full cost of the insert order. Under no circumstances will Group Editors be liable for any loss arising from or relating to any failure to distribute Inserts or any errors in the insertion of Inserts.
Responsibilities and exclusion of liability
10.14 Group Editors accepts no responsibility for and incurs no liability in respect of any delay the advertiser experiences in delivering any advertisement or material or information relating to an advertisement to Group Editors, nor any loss of or damage to any advertisement or materials. The advertiser warrants that it is his sole responsibility to retain sufficient quality and quantity of all material supplied to Group Editors.
10.15 Group Editors will use its reasonable endeavours to reproduce advertisements as provided by the advertiser but cannot guarantee that the advertisement will be of the same quality.
10.16 While Group Editors will use its reasonable efforts to comply with the wishes of an advertiser in this regard, Group Editors cannot guarantee the position of any advertisements and decisions in this regard shall be at the sole discretion of Group Editors.
10.17.1 If an advertisement is not published at all solely due to an error by or negligence of Group Editors, Group Editors will offer the advertiser an alternative publication date(s). If such alternative date(s) is not accepted by the advertiser, the original order for publication will be cancelled and the advertiser shall be refunded in full for any pre-payment it has made to Group Editors. This shall be the sole remedy available to the advertiser for failure by Group Editors to publish an advertisement under these circumstances.
10.17.2 You agree, upon requesting any Display or Classified Advertising space, that in the event of failure to publish an advertisement or publication of an incorrect advertisement, the liability of Group Editors shall be limited to the amount paid by the advertiser for the advertisement that did not appear, or for that portion of the advertising space occupied by the incorrect item only (as the case may be), and that there shall be no liability in any event beyond the amount paid for such advertisement.
10.17.3 Group Editors shall not be liable for slight changes or typographical errors that do not lessen the value of an advertisement.
10.18.1 If the advertisement as reproduced by Group Editors contains a substantial error solely due to a mistake on Group Editors’ part, Group Editors shall, on request, re-publish the advertisement at no additional cost to the advertiser. Group Editors shall not be responsible for repetition of errors and it is the advertiser’s responsibility to inform Group Editors of any errors and provide any necessary assistance to Group Editors to prevent a repeat of the error.
10.18.2 Group Editors cannot be responsible for errors after the first day of publication of any advertisement. Notice of errors on the first day should immediately be called to the attention of Group Editors.
10.19 Group Editors shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the advertiser or any loss which could not be contemplated by Group Editors and the advertiser, and Group Editors’ maximum total liability for any loss or damage arising out of or in relation to any advertisement whether in contract or otherwise shall not exceed the total amount of the charges for the relevant advertisement actually paid by or on behalf of the advertiser.
10.20 The advertiser will fully reimburse Group Editors for all claims, losses or expenses arising as a result of any breach or failure to perform any of these Terms and Conditions and/or the use or publication of the advertisement by Group Editors in accordance with these Terms and Conditions.
10.21 Group Editors owns the copyright in all advertisements written or designed by it or on its behalf.
10.22 The advertiser grants Group Editors the right (free of charge) to:
10.22.1 Use such of the advertiser’s names, trademarks and/or logos as Group Editors may consider necessary for the purposes of publishing the advertisements;
10.22.2 Reproduce the advertisement in any media at any time from the date of advertisement was last published in the Newspapers or website for promotional purposes.
Unless otherwise agreed in writing between the advertiser and Group Editors:
10.23 The notice period for cancellation of any advertisement contracts longer than three months, is 30 days. The notice period for cancellation of any advertisement contracts of a shorter duration is on or before the booking deadline of that week’s publication.
10.24 The advertiser may cancel an advertisement provided that it gives and Group Editors receives notice in writing of such cancellation within the relevant notice of cancellation period. Cancellation will only be effective on confirmation by Group Editors of receipt of notice of cancellation.
10.25 Cancellation fee:
(a) The advertiser is liable to pay a cancellation fee which is a percentage of the invoiced amount if a contract is cancelled after the booking (25%) or material (50%) deadlines of that week’s publication.
(b) If a long-term contract, which has qualified for commitment discount, is cancelled before the termination date of the contract (regardless of the notice period), the advertiser will be liable pro-rata for the discount value.
10.26 Group Editors may, at its sole discretion, elect to cancel an order for publication of an advertisement upon the insolvency of the advertiser or upon breach of any of these Terms and Conditions by the advertiser.
10.27 These Terms and Conditions and the relationship between the advertiser and Group Editors shall be governed by and interpreted, and otherwise applied, in all respects, in accordance with the laws of the Republic of South Africa.
10.28 Group Editors and the advertiser consent to the jurisdiction of the Magistrate’s Court with regard to all matters arising from, in relation to or in connection with these Terms and Conditions. The foregoing shall not prohibit either the advertiser or Group Editors from approaching any other court having jurisdiction in respect of any matter arising from or relating to these Terms and Conditions.
10.29 All costs, charges and expenses of whatsoever nature which may be incurred by the advertiser of Group Editors in enforcing its rights in terms hereof, including without limitation legal costs in the scale as between attorney and own client and collection commission, irrespective of whether any action has been instituted shall be recoverable from the party against which such rights are successfully enforced.
10.30 Nothing at variance with these Terms and Conditions, including the terms of this paragraph, shall be binding unless it be reduced to writing and signed by both the advertiser and Group Editors. No indulgence or extension granted to the advertiser by Group Editors shall in any way prejudice the rights of Group Editors in terms hereof or create new rights. Group Editors is not bound to or liable for any representations other than those contained in these Terms and Conditions or contained in a further written document duly signed by an authorised representative of Group Editors.
10.31 Nothing in these Terms and Conditions shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture or co-ownership, and neither the advertiser nor Group Editors shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other.