MINDFUL MEDIA PUBLICATIONS (PTY) LTD
ADVERTISING TERMS & CONDITIONS
Advertisements are only accepted for publication in Odyssey Magazine, or any other publication(s) or commercial communication(s) owned or published by Mindful Media Publications (PTY) LTD, subject to the following conditions:
Mindful Media Publications (PTY) LTD reserves the right to withhold any advertisement from publication and to cancel any advertisement order that has been accepted.
Mindful Media Publications (PTY) LTD will not be liable to the advertiser or to any other person for any loss or damages of any nature whatsoever, including indirect or consequential damages or any loss of profit or special damages of any nature whatsoever, and whether in the contemplation of the parties or not, which the advertiser or any other person may suffer as a result of Mindful Media Publications (PTY) LTD’s failure to publish, or publication on dates other than those specified by the advertiser, or any other errors of any kind.
Telephonic instructions/confirmations of any kind must in all cases be confirmed in writing by the advertiser.
Every precaution is taken to ensure the correct printing and insertion of all advertisements, but Mindful Media Publications (PTY) LTD will not be held liable for any inaccuracies or omissions or for any consequence arising there from.
Mindful Media Publications (PTY) LTD reserves the right to edit or revise, or to reject, even after acceptance for publication, any advertisement deemed to be untruthful or objectionable in subject matter or wording, or unsuitable for any other reason, whether space for the advertisement has been booked in advance under order or not.
Mindful Media Publications (PTY) LTD reserves the right to suspend an issue on any day and increase or decrease the usual number of editions without notice.
Space is sold to advertisers for the purpose of making announcements concerning their own business and may not be used for attacking or making invidious comparisons with other advertisers, firms, institutions or persons.
Advertisement orders are not accepted subject to write-up space or editorial coverage being given.
All cancellations by the customer must be in writing.
Cancellations of advertisements will not be accepted if they are provided later than two full working weeks (14 days) prior to any particular edition going to press. If the client refuses to have such a booked advertisement’s appearance in the issue in question, they may replace it with another within 7 days of the press/live date or, alternatively, the client can agree that the booked advertisement’s space allocation in that issue be re-assigned at the publisher’s discretion to either editorial or advertising usage.
In the case of a late cancellation, as detailed in 7.1 above, or a failure to properly notify Mindful Media Publications (PTY) LTD in writing about such a cancellation, the client is responsible for the payment of the full amount as detailed in the booking form for that advertisement, with the proviso that clause 7.3 following is not invoked as a consequence of the cancellation.
If a client cancels an advertisement, either within the parameters as outlined in 7.1 above, or not, and such cancellation renders any preferential rate offered to the client for multiple advertisement placements invalid, the client will automatically be liable for the differential in cost between the listed price and any agreed multiple-placement discount which the client may have enjoyed in terms of a contract for multiple inserts of advertisements.
Advertisement orders are not accepted for periods longer than 12 months, unless by special arrangement with the publisher.
All orders are subject to space being available and shall lapse if the first insertion under order is not made within two months (two issues) of the order, or if there is a period of more than two months (two issues) between insertions.
In the latter case, should the advertiser have enjoyed a multiple advertisement insertion discount, the failure to provide said material will also render any discount null and void and the full listed price shall pertain to the cost of the advertisement, should the advertiser not have cancelled the advertisement in question within the parameters set out in Clause 7 above.
The full name, street address, telephone and fax number of the advertiser must be included in advertisements asking for money or stamps to be sent to the newspaper or box number.
When new rates are announced, contract advertisers will be protected at their contract rates for the duration of the contract. The balance of the order will not be subject to the new rates.
A 50% cancellation fee will be incurred for any special positions bookings cancelled within 30 days of the date of publication.
Approved accounts are payable within 7 days from date of invoice, otherwise orders must be prepaid. Cash payments are required three working days prior to print date for non-account holders. However, in the case of pre-printed special projects, cash or payment by EFT is required 14 days prior to publication.
Final material deadline is Friday prior to week of print or live date of any issue of Odyssey Magazine. Exceptions will only be made if advertisers consult with the publisher. Failure to produce material by final deadline for such material will constitute a material breach by the advertiser of advertisement contract, and will render the advertiser liable for the full amount for the advert in question and for the remainder of the contract value, whether or not the advertiser places subsequent adverts. Clause 7.3 will pertain if relevant.
Any advertising order shall be subject to the conditions stated herein unless specifically varied by Mindful Media Publications (PTY) LTD in writing and these conditions shall at all times take precedence over any terms, conditions or stipulations contained in any of the advertiser’s documentation as may be in conflict herewith.
Should the advertiser in any way purport to attach any conditions which vary, amend or are in conflict with the conditions set forth herein then, notwithstanding anything to the contrary stipulated by the advertiser, the conditions set forth herein shall prevail and be of full force and effect unless specifically varied by Mindful Media Publications (PTY) LTD in writing with specific reference to the advertiser’s contrary documentation.
ACCEPTANCE AND COPY
If material is received too late for publication, the space reserved will be charged for and the publisher may replace the material with any other material deem suitable by the publisher. Copy must conform to all requirements for the acceptance of advertisements, as laid out in the Odyssey Magazine Media Pack. Digital material must conform to the material specifications of Odyssey Magazine and/or Mindful Media Publications (PTY) LTD. A full and separate copy can be obtained on the Odyssey Magazine web site – www.odysseymagazine.co.za. The general typography of advertisements is subject to the approval of Mindful Media Publications (PTY) LTD. Analogue material must be claimed within 30 days, after which no responsibility will be accepted for loss or damage to such material. Digital material can be retrieved up to three months from last date of publication.
Space orders for advertisements appearing in Odyssey Magazine or any associated publication produced by Mindful Media Publications (PTY) LTD are accepted subject to all the additional conditions shown on the applicable tariff card.
No changes to advertisements appearing in Odyssey Magazine or any associated publications of Mindful Media Publications (PTY) LTD will be accepted once production of the publication has commenced. The exact timing of publication will be determined at the sole discretion of the publisher and advertisers shall accept the publisher’s determination of when the publication process has begun.
If any amount due and payable by the advertiser is not paid within the agreed term, the advertiser shall be liable for interest at the maximum rate permitted by law from time to time, including, without limiting the generality thereof, The Usury Act No. 73 of 1968, and the Credit Agreement Act No. 75 of 1980 as amended and the National Credit Act. Such interest shall be calculated and paid monthly in advance, provided that if the interest is not paid as aforesaid, the interest shall be added to the principal sum and the whole amount shall form the principal debt which shall bear interest as aforesaid.
In the event of Mindful Media Publications (PTY) LTD instructing attorneys to collect from the advertiser an amount owing to Mindful Media Publications (PTY) LTD, the advertiser agrees to pay all costs on the scale as between attorney and own client, including collection charges.
No relaxation or indulgence granted to the advertiser by Mindful Media Publications (PTY) LTD, at any time, shall be deemed to be a waiver of any of Mindful Media Publications (PTY) LTD’s rights in terms hereof and such relaxation or indulgence shall not be deemed a novation of any of the terms and conditions set out herein, or create any estoppel against Mindful Media Publications (PTY) LTD.
Any agreement purporting to vary the terms of these conditions or any consensual cancellation shall not be valid unless reduced to writing and signed by both the advertiser and Mindful Media Publications (PTY) LTD.
These Terms & Conditions will be deemed to have been read and accepted on signature by the authorised person, acting for and on behalf of the advertiser or the advertiser his/herself, of the Odyssey Magazine Advertising Booking Form.