Spirit Connection Terms And Conditions For Advertising
These Standard Terms and Conditions (“the terms”) govern the legal relationship between any third party (hereinafter referred to as the “CLIENT”) which engages the services of or contributes content of any nature to the Spirit Connection Online Platform in the form of, but not limited to, online advertising/publication and publication of articles.
Spirit Connection is a private company with limited liability, incorporated in terms of the company laws of the Republic of South Africa (hereinafter referred to as “Spirit Connection”) and any natural or juristic person who engages the services of or contributes content of any nature to the Spirit Connection Online Platform in the form of, but not limited to, online advertising/publication etc, (hereinafter referred to as “CLIENT”).
General Terms And Conditions
By accessing and using the Spirit Connection Platform, the Parties hereby consider themselves responsible and bound to follow the terms and conditions provided for herein. Should any party not wish to be bound by this agreement, then no contract will be entered into between the Parties.
It is further understood and agreed that these Terms and Conditions shall apply to each and every engagement by the Client in respect of, but not limited to, new quotes, service provided, advertising purchases, social networking and online engagement as if specifically incorporated therein.
By executing this agreement, the Parties agree to fulfill any and all commitments which may arise, whether financial or otherwise.
Spirit Connection accepts no liability for any third party content posted to the Spirit Connection Online Platform. Furthermore that which is expressed in any advert, social media post or otherwise by a third party on the Spirit Connection Online Platform shall bear no representation of Spirit Connection, its views or that of its staff, directors or affiliates.
Advertising Terms And Conditions
Ad Placement And Positioning:. Spirit Connection retains full discretion to allocate advertisements to be published on the online platform.
Advertisement Content & Artwork (“Inserts”): All artwork and content shall be supplied by the CLIENT to Spirit Connection within an acceptable timeframe (as agreed at that time) preceding the commencement of the Client’s advertising initiative.
In the event that the Client wishes to engage the services of Spirit Connection’s graphic designer, the Client understands that the transaction will include additional costs to the Client as agreed at the time of design.
All advertising inserts submitted must reflect the appropriate and correct content intended by the Client.
The Client understands that all inserts will be reviewed by Spirit Connection prior to publication and Spirit Connection reserves the sole discretion to edit such insert.
All advertisements, biography or other content which need to be corrected (once published) due to the Client’s fault shall be charged at a rate of R50 (fifty rand) per correction. Spirit Connection reserves the right to cancel or reject advertising which is deemed to be inappropriate in light of the core business and ethics of Spirit Connection’s Online Platform.
Directory Listings: The Client will be contracted to a minimum of 6 months upon placement of a directory listing. The Client/Advertiser may select four (4) categories in the directory to host their particular listing.
Schedules: Spirit Connection shall make every reasonable endeavour to ensure that adverts, newsletters, directory listings et cetera are published or dispatched according the Spirit Connection’s “send out date Schedule”. However Spirit Connection shall not be liable for any loss or damage incurred by the Client due to any delay or failure by Spirit Connection to do so for any reason whatsoever.
The Client understands that Spirit Connection merely supplies a platform on which the CLIENT is able to advertise their business. Spirit Connection is not responsible to ensure that the CLIENT receives the desired (or any) amount of business leads.
The Client understands that no notice shall be given for scheduled or emergency maintenance to the Spirit Connection platform and Spirit Connection will not be liable for any loss or damage incurred by the Client due to such delay or failure by Spirit Connection for any reason whatsoever.
The Client understands that any loss of data due to any maintenance being scheduled on the site or otherwise, that Spirit Connection will not be liable for any loss or damaged incurred by the Client for any reason whatsoever.
Product Reviews : In the event that the Client requests a product review by Spirit Connection, the Client will ensure that all costs are paid for related to courier services to the Spirit Connection offices in Johannesburg. The Client understands that Spirit Connection will not return the said products under any circumstances. Should the Client want the products returned it will be at the total cost of the Client.
In the event that the Client facilitates prize sponsorship on the Spirit Connection platform by means of a competition, the Client understands that the delivery of the prize to the winner is to be at the CLIENTS costs unless otherwise arranged. Spirit Connection hold no responsibility for parcels not reaching the said winners supplied delivery address.
Payment Terms And Conditions
Payment shall be due and payable upon invoice. Please note that Spirit Connection is not a VAT vendor.
Payments are to be made strictly via EFT. No other method of payment will be accepted.
In the event that the Clients account has not been settled in full by the 25th of the month preceding publication, unless prior arrangement has been made, Spirit Connection shall be allowed to allocate the Client’s advertising space to another Client.
Spirit Connection shall under no circumstances be liable to the Client for any loss of damages suffered as a result
The Client shall also be liable for all costs incurred by Spirit Connection in the recovery of any amounts or the enforcement of any rights hereunder, including collection charges and costs of an attorney and own client scale and costs of counsel as on brief, whether incurred prior or during the institution of legal proceedings or if judgment has been granted, in connection with satisfaction or enforcement of any such debt and/or judgment.
Cancellation Of Advertising Campaign
Written notice, by way of electronic mail, of cancellation of the agreement shall be furnished by the Client to Spirit Connection by no later than the 25th day of the month preceding scheduled publication. The Client understands that he will still be liable to pay for work done to date by Spirit Connection and the Client understands one months notice is to be supplied for cancellation.
In the event that the Client neglects to make payment of the invoice by the 25th day of the month in which publication is scheduled, Spirit Connection shall be entitled to assume that the customer no longer wishes to advertise with Spirit Connection, thereby cancelling the agreement, and Spirit Connection shall be entitled to allocate the relevant advertising space to another party with interest payable and due on the outstanding invoice.
Notwithstanding anything to the contrary herein, in the event of the advertisement not being published due to the failure of the CLIENT to supply artwork and/or the intended advertisement, no refund shall be due to the CLIENT and a 10% (10 percent) cancellation fee shall apply.
In the event of:
any party breaching any term of this agreement and failing to remedy such breach within 14 (Fourteen) days after receipt of written notice to do so; or any party being placed under provisional or final sequestration; or any party effecting or attempting to effect a compromise or composition with its creditors; or a judgement being granted against any party in respect of any debt which remains unsatisfied for a period of 7 (seven) days after such judgement will have come to the attention of either party; or
any party having made any materially incorrect or untrue statement or representation in connection with this agreement or his financial affairs or any particulars thereof and such statement or representation has not been remedied within 7 (seven) days after delivery to the party of a written Notice requiring such remedy; or
either party committing any act or allowing any omission which might prejudice either party’s rights under this agreement;
then and in any such event, the prejudiced party shall be entitled, without prejudice to any other rights which it may have in law, claim immediate repayment of all outstanding amounts notwithstanding that the due date for payment of such amount has not yet arrived and cancel the agreement forthwith.
This agreement constitutes the entire agreement between the parties with regard to the matters dealt with herein and no representations, terms, conditions or warranties express or implied not contained in this agreement shall be binding on the parties.
No indulgence granted by a party shall constitute a waiver of any of that party’s rights under this agreement; accordingly, that party shall not be precluded, as a consequence of having granted such indulgence, from exercising any rights against the other which may have arisen in the past or which may arise in the future.
Spirit Connection shall have the right at its sole option and discretion to institute proceedings in any competent Court which might otherwise have jurisdiction.
Should any provision of this agreement be void for vagueness or for any other reason, then that provision shall be capable of being severed from the remainder of this agreement, which shall remain of full force and effect.
In this Agreement, unless inconsistent with or otherwise indicated by the context:-
“The/this Agreement” means the agreement as contained in this document including all Appendices, Annexures and Schedules hereto;
“Party/ies” means all parties to this Agreement;
“Notice” means written notice;
“Services” shall mean advertising and marketing functions provided by the Spirit Connection.
“Request” shall mean any given project or mandate provided for work to be done;
“Days” shall mean calendar days;
“Seller” means any authorised retailer with listings on the Company online store.
“Listing” means complete details provided in the Product Detail Form
Any reference to the singular includes the plural and visa versa;
Any reference to any one gender includes the other genders;
Where any term is defined in the context of any particular clause in the Agreement, the term so defined, unless it is clear from the clause in question that the terms so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that the term has not been defined in this interpretation clause.
The clause headings in this Agreement have been inserted for convenience only and shall not be taken into account in its interpretation;
A reference to a document includes an amendment or supplement to, or replacement or novation of that document;
Where figures are referred to in numerals and words, if there is any conflict between the two, the words shall prevail;
The rule of interpretation that the proposes that an agreement be interpreted against the person drafting it shall not apply to this Agreement;
This Agreement shall be governed by and construed and interpreted in accordance with the Laws of the Republic of South Africa.