Terms & Conditions

Acknowledgement and Acceptance of Terms & Conditions

By accessing, using or browsing the Website you agree to be bound by its terms, conditions, disclaimers and limitations of liability (“Terms & Conditions”). DÉCOR BY COLOR may at any time revise the Terms & Conditions by updating this web page without providing notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms & Conditions. The current Terms & Conditions shall supersede and replace all the previous versions of the Terms and Conditions.

Advertisements and articles are only

accepted for publication on www.decorbycolor.co.za subject to the following conditions.

 

Receipt of email confirmation of an order shall also consti­tute acceptance of these terms and conditions of the contract.

DÉCOR BY COLOR reserves the right to withhold any advertisement from publication and to cancel any advertisement order that has been accepted. All contents of advertisements are subject to online publisher’s approval.

DÉCOR BY COLOR 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 DÉCOR BY COLOR failure to publish on dates other than those specified by the advertiser, or any other errors or delays of any kind.

The advertiser will defend or settle at its own expense any action or other proceedings brought against the online publisher that relates to the advertisement and/or any material of the advertiser to which users can link through the advertisement.

Instructions must in all cases be confirmed in

writing by the advertiser (by email or fax).

Every precaution is taken to ensure the correct insertion of all advertisements, but DÉCOR BY COLOR will not be held liable for any inaccuracies or omissions or for any consequence arising there from.

DÉCOR BY COLOR 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.

DÉCOR BY COLOR reserves the right to suspend the website on any day and increase or decrease the usual number of web pages on our website without notice.

Space is sold to advertisers for the purpose of making announcements concerning their own businesses and may not be used for attacking or making invidious comparisons with other advertisers, firms, institutions or persons.

All advertising spaces are subject to availability.

Acceptance of advertising is subject to space availability at the time of receipt of signed con­tract or insertion order by the online publisher.

Receipt of email confirmation of an order shall constitute acceptance of these terms & condi­tions of the contract.

All rates are quoted VAT exclusive.

Technical Information:

All rates exclude design and production costs; quotes are available on request.

Preferred material format: .gif or .jpeg.

File size: maximum 500KB

Online adverts may be linked to clients’ websites, email addresses, events, press releases, articles or .pdfs published on DÉCOR BY COLOR website(s).

Deadline Dates:

Material should reach DÉCOR BY COLOR by the deadline date agreed upon on the insertion order, otherwise the position may be lost, re­duced or, in the case of directory listings or fixed position advertisements, the insertion term may be reduced. The online publisher is permitted to reschedule the campaign if material is not received by the agreed deadline.

Positioning:

The online publisher reserves the right to re-design parts of or the entire website and newsletter as detailed in the insertion order and to re-position advertising and sponsorship accordingly without prior notice.

The practice of deep linking may be necessary, thus enabling visitors to by-pass your home page to visit specific areas of your website directly.

Optimised web pages containing your com­pany name and information may be submitted to search engines at the expense of the online publisher.

Positioning of advertisements is at the sole discretion of the online publisher except where a request for a specific preferred position is ac­knowledged by the online publisher in writing.

Terms of Payment:

Advertisers will be invoiced for payment on the first day of the contract period set forth on the insertion order.

Payment shall be made in full to the online publisher by the “live” date of the advertiser’s programme, as specified in the contract.

In the event of any failure by the advertiser to make payment, the advertiser will be responsible for all expenses (including legal fees) incurred by the online publisher in collecting such amounts.

In the event of late payment the online publisher reserves the right to suspend the advertisers’ information posted on the website or newsletter.

Advertisers Representations:

The advertiser warrants and represents to the online publisher that:

It has the right to publish the contents of the advertisement, without infringement of any rights of any third party including, without limitation, intellectual property rights;

It has complied with the codes of practice issued by the Advertising Standards Authority in respect of electronic and on-line advertising and all other relevant industry codes of practice;

It will be fully responsible for the terms (including, without limitation, product description, price and compliance with all applicable laws and regula­tions) of any contract for the sale of goods or services to customers who have seen the advert displayed by the online publisher.

Cancellation Policy:

All cancellations by the customer must be in writing.

Any campaign can be cancelled without charge up to 7 business days before the sched­uled start date of the campaign. Cancellation damages of 50% of the advertising contract amount will be due and payable to the online publisher by the advertiser if campaigns are cancelled by the advertiser less than 7 business days before the scheduled start date of the campaign.

The advertiser must notify the online publisher as soon as is reasonable by either email or fax of any inaccuracy or changes that need to be made and confirm these changes.

Limitation of Liability:

The online publisher makes no warranties of any kind, whether express or implied, in relation to such websites, including but not limited to,

implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade or that the website will meet any requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the website or the server that makes it available are free of vi­ruses or are fully functional, accurate, or reliable.

The online publisher shall have the right to hold the advertiser or its agent liable for such monies as are due and payable to online publisher for advertising which the advertiser or its agent ordered and which advertising was published and displayed.

The online publisher is not liable for delays in delivery and/or non-delivery in the event of any situation beyond the control of the online publisher.

Contractual Information:

Signed insertion orders must be delivered at least 7 business days prior to the start of the contract term.

Adverts and advertising material must be deliv­ered at least 5 business days prior to the start of an contract term.

All advertising requires a signed the contract term order.

All programmes start on business days (excluding public holidays).

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