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1. In these
Conditions
attaching to
Online
Advertising
Contracts (‘these
Conditions’):
‘Publisher’
means GHsites and
any of its
subsidiary or
joint
venture companies
and
‘Advertiser’
means the person
booking the
advertising space
including
Advertising
Agents and
Independent Media
Buyers.
Advertising
Agents and
Independent Media
Buyers shall for
the purpose of
these Conditions
act as
principals on
their own behalf
for all purposes
connected
herewith.
‘Rate Card’
means the
Publisher’s
current scale of
charges for
advertisements, a
current copy of
which may be
obtained from the
Publisher.
‘Contract’
means a legally
binding booking
accepted by the
Publisher in
accordance with
Clause 2 for
publication of an
Advertisement.
‘Copy’ means all
material provided
by an Advertiser
with the
intention that
such material
should appear on
the
Publisher’s
online property.
‘Advertisement’
means advertising
messages to be
displayed
on a website,
email or
otherwise.
‘Cancellation’
of a Contract
means
cancellation of
either
all or part of
the remaining
unperformed part
of the Contract
unless the
context of the
relevant
condition makes
it clear that
cancellation of
only a specific
insertion(s) is
referred to.
2. The issue of a
Rate Card does
not constitute an
offer by the
Publisher to
contract. A
Contract is made
only by the
Publisher’s
acceptance of the
Advertiser’s
order as affected
by
the Publisher
issuing and
receiving a
signed insertion
order.
3. All Contracts
are subject to
these Conditions
and no variation
or addition
thereto shall be
effective unless
specifically
agreed to in
writing or e-mail
by the Publisher.
Any other terms
or
conditions sought
to be imposed by
the Advertiser
are expressly
excluded.
4. Advertisement
rates are subject
to revision at
any time and the
price prevailing
at the time
the Contract is
made binds the
Publisher only in
respect of the
agreed booking as
confirmed
by the insertion
order.
5. All orders are
accepted subject
to acceptance of
Copy by the
Publisher, as
indicated in
Clause 8, and if
it is intended to
include in an
Advertisement a
competition or a
special offer
of merchandise,
other than that
normally
associated with
the advertised
product, full
details
of such
competitions or
special offers
must be submitted
by the Advertiser
in writing at the
time the order is
negotiated.
6. It is the
Advertiser’s
responsibility to
check the
correctness of
the
Advertisement.
The
Advertiser
warrants that any
Advertisement
submitted by it
for publication
shall comply with
all applicable
laws,
legislation,
regulations,
codes of practice
and is not an
infringement of
any other party’s
rights. The
Advertiser hereby
grants a
world-wide
non-exclusive,
fully paid
license to
reproduce and
display the
Advertisement
(including all
contents, trade
marks and
brand features
contained
therein). The
Advertiser will
indemnify the
Publisher fully
for all
costs, expenses,
damages or
liability
whatsoever
(including legal
costs and awards
ordered
against the
Publisher) in
respect of any
claim made
against the
Publisher arising
from the
Advertisement or
its publication
or as a result of
any breach or
non-performance
of any of the
representations,
warranties or
other terms
contained herein
or implied by
law.
7. The Advertiser
grants to the
Publisher the
express right to
reproduce
throughout the
world
screen shots of
all or part of
any Publisher’s
property
containing all or
part of any of
the
advertising
materials
supplied by the
Advertiser to the
Publisher on or
in any
promotional or
advertising
material or
campaign
promoting or
advertising the
Publisher.
8. The Publisher
reserves the
right in its
absolute
discretion to
cancel any
Contract or to
omit
or suspend an
Advertisement
(for example if
it is libelous,
unlawful,
defamatory,
pornographic,
socially
unacceptable,
insensitive or
otherwise
contrary to
editorial
policy).
Should
cancellation,
omission or
suspension be due
to the act or
default of the
Advertiser or
his servants or
agents including
the unsuitability
of the
Advertisement as
indicated above,
then the
Advertiser shall
pay for the space
reserved for the
Advertisement in
full not
withstanding that
the Advertisement
has not appeared.
Such
cancellation,
omission or
suspension shall
be notified to
the Advertiser as
soon as
reasonably
possible.
9. All contents
of Advertisements
are subject to
the Publisher’s
approval. The
Publisher does
not undertake to
review the
contents of any
Advertisements
and any such
review of and/or
approval by the
Publisher will
not be deemed to
constitute an
acceptance by the
Publisher
that such
Advertisement is
provided in
accordance with
these Advertising
Terms and
Conditions nor
will it
constitute a
waiver of the
Publisher’s
rights hereunder.
The Publisher
reserves the
right at any time
in its absolute
discretion to
9.1 Reject or
cancel any
Advertisement,
Order, URL link,
space reservation
or position
commitment; or
9.2 Remove any
Advertisement
from any of the
Publisher’s
properties or any
page.
10. Except as
otherwise
expressly
provided,
positioning of
Advertisements
within the
Publisher’s
properties or on
any page is at
the sole
discretion of the
Publisher, and
the
Publisher will
not be prohibited
from also
carrying
Advertisements
for any product
or business
competitive to
the product or
business of the
Advertiser.
11. The Publisher
does not warrant
the date or dates
of insertion of
the
Advertisement(s)
and
does not warrant
that the
Advertisement(s)
will not be
displayed after
the end date
specified.
However, the
Publisher will
use reasonable
efforts to comply
with the
Advertiser’s
wishes in
these regards.
12. The Publisher
will exercise
reasonable care
and skill in the
handling and
publishing of the
Advertisement but
where the
Advertisement is
not published in
the manner
specified in the
Contract
(including
failure to
deliver the
number of
impressions
provided in the
Contract),
whether through
any failure
(technical or
otherwise) or
negligent act or
omission on the
part
of the Publisher
or any third
party, the
Publisher’s
liability will be
limited (at the
option of the
Publisher) to
either: (a)
publishing the
Advertisement (or
a replacement
Advertisement if
provided by the
Advertiser) as
soon as is
reasonably
practicable in
the period
following the
period during
which the
Advertisement was
scheduled to run
and for such time
as is
necessary to
generate a number
of substitute
impressions equal
to the shortfall,
or (b) refund
to the Advertiser
that proportion
of the amounts
paid which relate
to those
Advertisements
and/or
impressions which
were not provided
or, if the
relevant amounts
were not paid by
the
Advertiser, agree
that such amounts
will not be due
or payable. The
Publisher shall
not be
liable for any
indirect, special
or consequential
loss or damage
arising from any
failure to
publish an
Advertisement as
agreed with the
Advertiser,
including, but
without
limitation, any
late or incorrect
publication, any
non-publication
or inaccurate
reproduction of
the
Advertisement,
whether caused by
the Publisher’s
error or
negligence or by
any reason
whatsoever. The
Publisher shall
not be liable
whatsoever in
respect of any
error or omission
in respect of
publishing the
Advertisement
which is not
notified to the
Publisher in
writing
within one year
of the actual
publication date
of the
Advertisement.
13. The
Advertiser may
cancel any
Contract eight
weeks prior to
the agreed date
of
publication of
the
Advertisement.
Cancellation will
be effective when
written notice is
received
by the Publisher.
The Publisher may
cancel any
Contract five
working days
prior to the
agreed
date of
publication of
the
Advertisement.
14. If the
Advertiser
cancels any
Contract in
accordance with
Clause 13, he
relinquishes any
right to that
series discount
(if any) to which
he was previously
entitled and
Advertisements
will be paid for
at the
appropriate rate.
A new invoice
will be issued
for any
surcharges
relating to
Advertisements
that have already
been invoiced at
the discounted
rate. The
payment date for
any previous
invoices remains
unaffected.
15. Copy must be
supplied by the
Advertiser to the
Publisher by the
last day for
receiving
Copy as stated by
the Publisher,
failing this the
Publisher cannot
guarantee that
proofs will be
supplied or
corrections made.
Copy must be
supplied to the
Advertiser in the
following terms;
a) All Gif or 3rd
party served
creative’s must
be sent 2 working
days prior to
planned date of
publication.
b) Rich media
creative’s must
be sent 5 working
days prior to
planned date of
publication.
c) Advertisers’
content
(including but
not limited to
logos and trade
marks) for
inclusion in
Creative to be
produced by the
Publisher must be
sent 2 weeks
prior to planned
date of
Publication.
d) Advertisers’
content
(including but
not limited to
logos and trade
marks) for
inclusion in
content pages
must be sent 5
working days
prior to planned
date of
publication. For
content
pages and
Publisher-produced
creatives, the
Publisher offers
a maximum of two
changes
between receipt
of the insertion
order and
publication. Any
further changes
will be charged
additionally.
e) For all Copy
supplied, the
Advertiser must
adhere to the
specification
issued by the
Publisher. In the
event that the
Advertiser’s
files do not
comply with the
specification,
the Publisher
reserves the
right in its
absolute
discretion to
reject the Copy
and the
Advertiser will
be asked to
re-supply. If,
due to
time or other
reasonable
constraints, the
Publisher has to
repair or rectify
the file, the
Publisher may (at
its sole
discretion)
notify the
Advertiser and
shall not be
liable for any
inaccurate
reproduction of
the Advertisement
or any resulting
costs whether
direct or
indirect.
16. Advertiser’s
property,
originals,
artwork, type,
mechanicals,
positives etc are
held by the
Publisher at the
owner’s risk and
should be insured
by the Advertiser
against loss or
damage
from whatever
cause. After
performance of
the Contract
relating to such
materials, the
Advertiser shall
be responsible
for collecting
all such
materials which
it requires from
the
Publisher’s
premises, failing
which, the
Publisher
reserves the
right to destroy
all artwork
which has been in
its possession
for more than six
months and no
liability shall
be attached
to the Publisher
in respect of
such destruction.
17. All gross
advertising rates
are subject to
the current
Advertising
Standards of
Finance surcharge
payable by the
Advertiser. Where
orders are placed
by an Advertising
Agency or
Independent Media
Buyer, the Agency
or Media Buyer
will be
responsible for
collecting this
surcharge and
paying it to the
Advertising
Standards Board
of Finance. Where
the person
booking the
Advertisement is
not an
Advertising
Agency or
Independent Media
Buyer the
Publisher will
calculate the
appropriate
surcharge at the
current rate and
pay this
direct to the
Advertising.
Without prejudice
to the indemnity
contained in
Clause 6, the
Advertiser will
indemnify the
Publisher for any
claim made
against
it in respect of
the non payment
by the Advertiser
of such
surcharges to the
Advertising
Standards Board
of Finance.
18.
Advertisements
will be published
to the
representation as
provided by file
(or other
accepted medium)
by the Advertiser
and the Publisher
shall not be
liable for any
lack of
clarity or other
error in
representation
that results from
the
representation of
the
Advertisement as
it was provided
by the
Advertiser.
Reasonable
standard charges
will be
made to the
Advertiser where
production work
of any kind is
required to put
the
Advertisements in
a form suitable
for publication
for any reason
and at any stage.
The
Publisher will
notify the
Advertiser of
such charges in
writing upon
receipt of
advertising
Copy.
19. Except as
otherwise
expressly agreed
in the Contract,
the Advertiser
acknowledges that
the Publisher has
not made any
guarantees with
respect to usage
statistics or
levels of
impressions for
any
Advertisement.
The Publisher
provides the
Advertiser with
estimated
usage statistics
only as a
courtesy to the
Advertiser and
the Publisher
will not be held
liable
for any claims
relating to any
usage statistics
however supplied.
The Advertiser
acknowledges
that delivery
statistics
provided by the
Publisher are the
official,
definitive
measurements of
the Publisher’s
performance on
any delivery
obligations
agreed in the
Contract. The
processes
and technology
used to generate
such statistics
have been
certified and
audited by an
independent
agency. No other
measurements or
usage statistics
(including those
of the
Advertiser or a
third party ad
server) will be
accepted by the
Publisher or have
bearing on
this Agreement.
20. There is no
obligation on the
Publisher to
supply screen
shots and their
absence shall not
affect the
Advertiser’s
liability for the
agreed charge.
21. TERMS OF
PAYMENT
(a) Unless
otherwise
stipulated by the
Publisher,
payment is due to
be received from
the
Advertiser by the
end of the month
following the
date of invoice.
If the Advertiser
defaults in
making payment of
any sums by the
due date, the
Publisher
reserves the
right to require
immediate payment
for all
advertising space
booked by the
Advertiser
(failing which
the
Publisher shall
be entitled to
terminate the
Contract
forthwith by
written notice to
the
Advertiser) and
to require
payment in
advance for
future bookings,
and pending such
payment to omit
or suspend all or
any
Advertisements
due to appear
under an existing
Contract with the
Advertiser.
(b) Advertising
Agents and
Independent Media
Buyers not
recognised by the
Periodical
Publishers
Association and
Advertisers
placing business
direct will be
required to
pre-pay the
account two weeks
prior to the
final Copy date
for each
Advertisement.
c) The Publisher
may in its
discretion
provide account
facilities to a
non recognised
Advertising
Agent,
Independent Media
Buyer or direct
Advertiser once
he has pre-paid
and
demonstrated a
good payment
record on 12
separate
occasions for an
individual
website or
any websites
published by the
Publisher. Any
credit will only
be granted after
obtaining
satisfactory
banking, trade
and credit
reference agency
clearance and the
Advertiser will
be
informed by the
Publisher once it
is ready to
provide such
account
facilities.
(d) The
Advertiser shall
not set-off or
claim to set-off
for any reason
whatsoever any
sum or
amount whether in
dispute or agreed
which may be
payable by the
Publisher to the
Advertiser
against any sum
or amount
whatsoever
payable by the
Advertiser to the
Publisher.
22. Advertising
Agents and
Independent Media
Buyers recognised
by the Periodical
Publishers
Association are
allowed agency
commission at the
rates quoted on
the Rate Card
provided
payment for
Advertisements is
made in full by
the due date.
23. The
Advertiser
expressly
acknowledges that
he has not relied
on any
representation
made
by or on behalf
of the Publisher
in entering the
Contract.
24. No person who
is not a party to
this Contract has
any right under
the Contracts
(Right of
Third Parties).
25. These
Conditions and
all other terms
of the Contract
shall be
construed in
accordance
with the Laws of
Ghana and the
parties submit to
the jurisdiction
of the Ghanaian
courts.
PRICING
Please
contact us
for details about
our pricing .
Thank You
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