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Definitions
For the purposes of these conditions:
a. "Advertisement" shall mean the material supplied
b. "the Advertisement Rates" shall mean the rates set out
c. "the Advertiser" shall mean the person placing the order for the
insertion of the Advertisement with the Publisher
d. "the Copy Date" shall mean the dates for receipt of artwork
e. "the Publisher" shall mean Wadadli Online Promotional Services
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 payment of
the applicable Advertisement Rate.
3. Payment Terms
3.1 Payment of all sums due shall be made payable to Wadadli Online
Promotional Services by cheque or by cash.
3.2 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
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;
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 Cancellation Terms
5.1 The Publisher shall not be bound by any notification of cancellation
unless it is in writing and received by the Publisher
5.2 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.
5.3 The Publisher may treat as a cancellation the fact that the Advertiser
has failed to pay any monies to the Publisher
6 Copyright
6.1 The Advertiser hereby grants to the Publisher a licence to reproduce the
Advertisement on the website.
7 Warranties
The Advertiser warrants and confirms that:-
7.1 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;
7.2 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;
7.3 Any information supplied in connection with the Advertisement is
accurate, complete and true;
7.4 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;
7.5 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 for the time being in force or applicable in Antigua &
Barbuda;
7.6 All advertising copy submitted to the Publisher is legal, decent, honest
and truthful and complies with all other relevant codes
7.7 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
8 Limitation of Liability
8.1 Any Advertiser's complaint, claim or query other than in respect of any
error 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:-
8.1.1 in no circumstances shall the total liability of the Publisher for any
error or omission exceed the charge for the Advertisement in question;
8.1.2 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.
8.2 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
8.3 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.
8.4 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
8.5 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 website if later.
9 Miscellaneous
9.1 The Publisher maintains a totally impartial editorial policy and it is
agreed and understood that advertisers are not entitled or favoured in
exchange for taking an advertisement.
9.2 The placing of an order for the insertion of an Advertisement shall
amount to acceptance of these conditions and any conditions stipulated
elsewhere by the Advertiser shall be void insofar as they are inconsistent
with these conditions.
9.3 These terms and conditions shall apply to each contract for the
placement of an Advertisement. These conditions supercede and replace all
the Publisher's previous conditions and all documentation previously issued
by the Advertiser purporting to set out its terms and conditions.
9.4 No modification amendment or waiver of any of the terms of these
conditions or any provision hereof shall be binding upon either party unless
confirmed in writing by the parties. No waiver of any provisions of or
default under these conditions shall affect any party's right thereafter to
enforce such provision or to exercise any right or remedy hereunder in
respect of a subsequent default.
9.5 If any part of these conditions shall be determined to be invalid or
unenforceable by a court of competent jurisdiction or by any other legally
constituted body having the jurisdiction to make such determination then
such part or parts shall be deemed never to have been incorporated in these
conditions but all other terms and provisions in the remainder of these
conditions shall remain in full force and effect.
9.6 The contract which incorporates these conditions shall be construed
under and governed by the laws of Antigua & Barbuda.
