| [1 | The expression "the company" shall mean "Elephant" and shall include its successors and assigns. | |
| [2 | The expression "the advertiser" shall mean the person, firm or company placing the order. | |
| [3 | The expression "working day" shall mean any day of the week from Monday to Friday inclusive, except any public holiday. | |
| [4 | The expression "advertisement copy" means posters and any advertising material intended for display by the "company". |
[ Acceptance:
| [1 | The placing of an order by an advertiser with the company shall constitute acceptance by the "advertiser" of these terms and conditions which shall override an exclude all prior agreements, undertakings and representations and exclude any other stipulated incorporated or referred to by the Advertiser. No modification and/or variations of these terms and conditions shall be effective unless agreed in writing between the parties. | |
| [2 | No order placed with the Company shall be deemed to be accepted until completion of the acknowledgement of order by the "company". | |
| [3 | Mode of booking: the booking order shall clearly mention: [a the name of the advertiser and the brand names of the product. [b the date of posting. [c the period of display. [d the number of panels and the networks selected. [e the total amount of the order + V.A.T. |
[ Cancellation:
| There shall be no cancellation within eight (8) weeks prior to the posting date. Consequently the booking order shall be due in full, unless the "advertiser" finds a substitute for the booked campaign. |
[ Delivery:
| All posters for display shall be delivered to the "company" for approval not less than seven (7) working days prior to the date of commencement of display specified in the order. |
[ Late, non-delivery, shortage:
| [1 | In the event of late or non-delivery of posters, charges shall still be payable and shall accrue as from the specified commencement date. | |
| [2 | In the event of partial or total shortage of posters within the terms mentioned hereabove and hereafter shall, on no account, prevent the booking order from running. No prorogation can be requested thereto and the "company" shall not be liable for any billposting campaign not conducted in due time. The order shall be paid for in full. |
[ Material required:
| The contractor shall be supplied with adequate posters to complete the initial display plus an additional amount so as to enable the contractor to maintain the display in good condition. This additional number of posters shall be a minimum of 20% of the total number of posters. |
[ Supply of the material:
| [1 | All posters shall be printed on good quality paper. The printing inks shall be of good quality to resist the chemical agents contained in glues and bad weather conditions. No billposting defect resulting from either the ink, the paper, the fragility of colours, or the combination of all these factors shall allow the "advertiser" to claim indemnity from the "company". | |
| [2 | Any posters or advertising materials in the "company's" possession which are surplus to requirements or which have been removed from display will be retained for not more than 10 days after the end of display and may then be destroyed unless the "advertiser" has given notice in writing that they are to be held for collection. |
[ Right of Rejection:
| The "company" shall have the absolute right at any time to refuse to display or continue to display any poster which, in its opinion is objectionable, unsuitable, impracticable or likely to give offence, or for any other reason. In such an event the agreement in whole or in part may be cancelled by the "company" forthwith without any responsibility or liability on the part of the "company" and to the extent not so cancelled the agreement shall continue in full force and effect. |
[ Statutory Requirements:
| [1 | The "company" accepts full responsibility for compliance with statutory requirements and other legal requirements so far as concerns the use and maintenance of any site for the display of advertisement copy to which a contract relates. | |
| [2 | The "advertiser" warrants and undertakes that: [a The advertisement copy will comply with all statutory and other legal requirements and provision. [b The "advertiser" will be responsible for payment obtaining any consent relating to license copyright material or the appearanceof any person in his advertisement copy. [c No advertisement copy will breach the copyright or other intellectual property rights of or be defamatory of any third party. [d No advertisement copy will contain or be anything that is indecent or obscene. [e The "Advertiser" will indemnify and keep the "Company" indemnified against all actions, proceedings, costs, damages, expenses, penalties, claims, demands and liabilities arising from any breach of the above warranties or any matter whatsoever in consequence of the use of any advertisement copy or matter supplied by or displayed on his behalf. |
[ Liability:
| In the event of an adjunction of the authorities, the "advertiser" shall bear all costs pertaining to the removal of the poster and indemnify the "company" from any damages whatsoever, as well as settle all legal expenses; the booking order will, however, be paid in full. |
[ Disclaimer:
| The "advertiser" shall have no rights or make any claims against any landlord or in connection arising out of the agreement between the "company" and the "advertiser". |
[ Date of posting:
| [1 | The posting shall be carried out in 24 hours. | |
| [2 | Should exceptional circumstances arise (acts of god, inclement weather, strikes, social or political disorder) during which posting may no longer be conducted on the said date, the "company" shall carry out this operation in the following two days. | |
| [3 | The "advertiser" shall be granted a number of billboards equal to the cost of those not posted. If however, the delay exceeds three days, the campaign shall be called off and the "advertiser" shall then be entitled to choose between the cancellation of the campaign or its deferment toanother available period. In such a case however, the "company" shall not be held responsible. | |
| [4 | In the event the campaign is deferred, the "advertiser" shall then be debited with the cost of the campaign. | |
| [5 | Any site, not posted within the allotted time mentioned hereabove, shall be notified to the "advertiser" stating the exact day of posting, the period of display being kept unchanged. | |
| [6 | If however, the delay in posting exceeds the period stated above by two days, the billposting total amount shall be decreased proportionally without entailing any cancellation whatsoever. |
[ Maintenance:
| [1 | The "company" commits itself to maintain the poster in good condition throughout the period of display and within the limits ofthe material available except in the case of unexpected events, of force majeur (namely, and without being restricted to the following, frost, gusts, storms and tempest, inclement weather, riots, strikes, lock-outs, political demonstrations, social and political disorder, elections) or exceptional circumstances beyond the control of the "company" and which render it impossible or particularly difficult to maintain the posters. | |
| [2 | The on site maintenance of posters, shall take place within 48 hours from the observation of its necessity or the receipt of a written claim sent by the "advertiser" to the "company". |
[ Site removal:
| The "company" shall have the right after giving reasonable notice, to alter the position of or withdraw temporarily or permanently any item of advertising media for operational aesthetic or other reasons and no claims of any nature shall be made against the "company" in respect thereof. |
[ Change of terms:
| The "company" reserves the right at any time by not less than 8 (eight) weeks notice in writing served on the "advertiser" to alter the rates chargeable thereunder and to vary any of these terms and conditions. Any such alternations shall take effect on the date specified by the "company" or 8 (eight) weeks after service of such notice on the "advertiser" whichever shall be the latter. |
