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1.
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All
advertisements are placed and all orders are accepted
subject to the terms and conditions as hereinafter set
out provided that South China Morning Post Publishers
Limited ("SCMP") expressly reserves its right
to amend, vary, replace or cancel any of such terms
and conditions without prior notice to the advertiser
and the advertiser is deemed to have express knowledge
of and be bound by such terms and conditions. No terms
sought to be applied by the advertiser to any order
for advertising shall be binding upon SCMP. Advertising
orders for space will not be considered as contracts.
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| 2.
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SCMP
reserves the right to reject, decline or refuse to publish
in whole or in part or to amend any advertisement with
or without notice to the advertiser where in its sole
opinion it considers necessary or desirable, and SCMP
shall not in any way be liable for any loss or damage
arising as a result of such non-publication or amendment
as aforesaid (nor shall any refund of or deduction from
the costs of the advertisement or any other compensation
be granted by SCMP to the advertiser in the event of
such non-publication or amendment). SCMP accepts no
liability whatsoever for any omission or inaccuracy
or failure of colour printing in any published advertisement
whether or not a proof has been supplied and whether
or not such omission or inaccuracy or failure is attributable
to the neglect or default of SCMP, its employees, agents
and contractors. Where the advertiser requires that
its name and address or other information shall not
be disclosed and SCMP shall have been so notified by
the advertiser on placement of its order SCMP shall
use reasonable endeavours to ensure the same but shall
not be liable for any disclosure unless such disclosure
is made with the express knowledge or authority of SCMP.
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| 3.
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SCMP
shall have the absolute right at any time to determine,
adjust or vary the rate of charges and classification
applicable to all advertisements placed. Published rates
and charges and those set out on any order form or acknowledgement
may be varied by SCMP at any time without notice prior
to invoicing. Quotations given by SCMP shall not in any
way be binding on SCMP. |
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| 4.
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Acceptance
of an advertisement for publication does not constitute
a binding commitment or any representation or warranty
on SCMP's part to publish the same either at all or
on any specified date or dates. SCMP shall not be liable
for any loss, costs or expenses incurred by non-publication
(including non-publication attributable to strikes,
lock-outs, mechanical or production difficulties or
any other cause beyond the control of SCMP) or by publication
of an advertisement cancelled in accordance with provisions
of clause 7 hereof or publication on a date or in a
position or manner materially different from that specified
by the advertiser on placement of its order. SCMP's
liability shall in case of non-publication be limited
to refund of the charge of the advertisement and in
all other cases as aforesaid SCMP shall have the option
either to grant a refund of such proportion of the charge
as shall in SCMP's sole opinion be reasonable or in
lieu of such refund and at SCMP's absolute discretion
to publish the advertisement as soon as reasonably practicable.
In the case of colour advertisements, publication shall
be deemed correct unless more than 10% of copies circulated
have incorrect colour(s). The advertiser shall be obliged
to furnish SCMP with reasonable evidence of this within
48 hours of publication.
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| 5.
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SCMP
shall use reasonable endeavours to accept orders if
they are received at the location and by the time specified
by SCMP from time to time for that type of advertisement.
All advertisement copy and artwork must be received
by the latest receipt time specified by SCMP which may
be varied by SCMP without notice and SCMP shall have
the right to refuse to accept any orders or to decline
or refuse to publish any orders if the advertisement
copy and artwork of such orders shall not have been
received by SCMP by the latest receipt time as aforesaid
nor shall SCMP be liable for any loss or damage arising
as a result of non-publication hereunder.
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| 6. |
Advertisements of certain sizes and shapes only are
normally accepted but advertisements of other sizes
and shapes may be accepted subject to special terms.
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| 7.
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Cancellations
will be accepted if notice in writing by the advertiser
and received by SCMP at its Head Office before the time
specified by SCMP from time to time as the order deadline
in accordance with the provisions of Clause 5 hereof.
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| 8.
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Artwork
for advertising material must be fully pasted up and
presented to SCMP as negative and not positive film.
Large areas of solid black may be stripped or lined
at SCMP's absolute discretion.
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| 9.
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Late
delivery of copy/artwork or non-compliance with cancellation
procedures specified as aforesaid will result in forfeiture
of the space booked and in addition, SCMP shall have
the express right to recover from the advertiser the
full cost of the advertisement or other placed.
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| 10.
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SCMP
shall not accept any responsibility for damage to or loss
of artwork or any other documents or material supplied
for the purpose of an advertisement. Advertising material
not claimed within three months of the publication date
or proposed publication date will be disposed of without
further notice. |
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| 11. |
It
is the responsibility of the advertiser to check the correctness
of an advertisement before it is repeated. Errors made
by the publisher must be brought to its notice on the
day of publication (or the next working day); otherwise,
complaints may not be entertained. |
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| 12.
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The
advertiser and/or its advertising agent(s) shall indemnify
and keep indemnified SCMP in respect of all loss, damage,
costs and expenses including legal fees arising directly
or indirectly from the publication of an advertisement
on instructions from the advertiser and/or its advertising
agent(s). In any case where a claim is or may be made
or threatened against SCMP. SCMP will give notice in
writing to the advertiser and will take reasonable steps
to consult with the advertiser before any claim is settled,
defended or otherwise determined provided that a failure
to consult shall not affect the advertiser's liability
hereunder.
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| 13.
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The
submission of an advertisement constitutes a warranty
by the advertiser to SCMP that it has all necessary authorities
and permissions for the insertion thereof and that the
advertisement or any part thereof or the publication of
the advertisement does not in any way contravene, violate
or constitute a breach of any laws of Hong Kong or any
restrictions or prohibitions imposed by the relevant Government
authorities or otherwise and the advertiser shall indemnify
SCMP in respect of any breach of this clause in accordance
with the provisions of clause 12 hereof. |
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| 14.
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All
cheques, money-orders, etc. should be made payable to
"South China Morning Post Publishers Limited".
Rates are expressed in Hong Kong dollars but SCMP shall
be entitled to accept payment in other currencies the
rate of conversion to Hong Kong dollars for payment
shall be determined by SCMP from time to time.
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| 15.
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The
advertiser will be invoiced upon publication unless the
advertising charges are prepaid. Terms of payment are
net 7 days from the date of invoice. Account holders are
entitled to net 30 days credit from the date of invoice.
SCMP shall have the right to charge interest on any outstanding
payment after the due date (without any further notice)
at the rate of one percent (1%) per month from date of
invoice on outstanding balance to date of receipt of payment
by SCMP and in addition, SCMP shall also be entitled to
recover from the advertiser any costs and expenses (including
all legal fees) incurred by SCMP in recovering any outstanding
payment and interest thereon. |
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| 16.
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A
contract discount will be allowed to those advertisers
signing annual contracts on such terms and conditions
as may be agreed by SCMP and the relevant advertisers.
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| 17.
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The
advertiser is liable at all times for payment of all
advertising charges. Where a recognised advertising
agent substitutes its order for that of the original
advertiser or requires invoices addressed to the advertising
agent, SCMP shall hold the agent and the original advertiser
jointly and severally liable hereunder.
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| 18.
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Any
claims pursuant to these terms must be made by the advertiser
in writing within 48 hours after publication or date
of agreed publication to the Director, Classified Advertising
at South China Morning Post, 3/F., Morning Post Centre,
22 Dai Fat Street, Tai Po Industrial Estate, New Territories,
Hong Kong and unless such claims shall have been received
by SCMP within the time limit as aforesaid, all claims
by the advertiser pursuant to the terms and conditions
hereof shall be deemed to have been waived by the advertiser.
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| 19.
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The
advertiser and/or its advertising agent(s) agrees that
SCMP may set-off or transfer any sum outstanding to
the credit of any one or more such accounts maintained
by the advertiser and/or its advertising agent(s) in
or towards satisfaction of any of the advertiser's and/or
its advertising agent(s)' liabilities to SCMP or in
any other respect whatsoever whether such liabilities
be present or future, actual or contingent, primary
or collateral and several or joint. The advertiser and/or
its advertising agent(s) waives all rights of subrogation
and agrees not to claim any set-off or counter claim
against any other person liable or to prove in competition
with SCMP in the event of the insolvency of such person
or to have the benefit of or share in any outstanding
debt receivable by SCMP. For the purpose of this Clause,
the definition of SCMP shall be deemed to include its
holding, subsidiary, fellow subsidiary, associated and
affiliated companies.
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| 20.
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Not
all sections of all newspapers are sent to all readers.
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