It is mutually understood that the acceptance
of this application for advertising by Esteem Media Pte Ltd shall constitute
a contract and shall be binding on both parties subject to the terms and conditions
contained hereunder.
- The expression "the Publisher" shall mean Esteem Media Pte
Ltd and the expression "the Advertiser" shall mean the person,
firm or company by whom an advertisement booking incorporating the terms
and conditions contained herein is made and shall also mean and include
the Advertisers successors in title and assigns.
- An Advertiser who is an advertising agency and contracts for and on
behalf of a third party shall be deemed to contract as principal and will
accordingly be responsible for payment of all amounts due to the Publisher
and will be deemed to have full authority to represent and bind the third
party in all matters connected with the advertisement booking. This is
a separate and independent stipulation and does not affect the original
liability of the third party to the Publisher as principal and for whom
the Advertiser was acting on behalf of.
- The Advertiser hereby warrants that he is solely responsible for and
is authorised and entitled to advertise the business, service or product
described in the copy and listing furnished and hereby indemnifies and
holds the Publisher harmless from any and all claims, damages, demands
or liabilities whatsoever arising out of any breach or non-compliance
of any requirements, statutory or otherwise relating to the advertisement
and its subject matter or content.
- All payment shall be made within the due date stipulated in the Publisher
invoices and payment shall be made to the Publisher only. The Publisher
representatives are expressly prohibited from accepting cash payments
and Advertisers who make such payments do so at the risk that such payments
are not acknowledge by the Publisher. Interest shall be charged at 15%
per annum on all amounts due to the Publisher from the due date to the
date of actual payment.
- The Publisher shall make all efforts to ensure that the advertisements
and listings are correctly printed but it shall not be liable for any
loss or damage occasioned by its omission to insert an advertisement or
by any errors in the contents or failure to advertise as contracted. In
the event of the above, the Advertisers liability to pay the contract
sum or part thereof for the advertisement or listing concerned shall be
at the sole discretion of the Publisher. The Publisher reserves the right
to reject, vary or cancel any advertisement order at its discretion.
- The Publisher reserves the absolute right to reject or cancel any advertisement
order or not to proceed with any contract at its discretion where the
publication for which such contract is entered into is not publish as
schedules or the Publisher decides not to proceed with same.
- Proof of advertising copy will be shown to the Advertiser only upon
the written request of the Advertiser. Where a proof which has been supplied
to the Advertiser whether by mail or fax otherwise is not returned by
the Advertiser to the Publisher within the time set forth in the proof
sheet or at all the said proof shall be deemed to be correct and the Publisher
may proceed with the insertion thereof without further notice or reference
to the Advertiser subject always to the advertisement copy being acceptable
to the Publisher and the Company shall not be responsible for any claims
arising therefrom. The Publisher shall have at its sole discretion, the
right to change or alter the position of the advertisements or listing
accepted for insertion.
- The Publisher shall have the sole right of refusing to insert any advertisement
order which is considered by the Publisher to be objectionable, unsuitable
or likely to give offence or for any other reason. In such event, the
Publisher reserves the right to reject or cancel the order in whole or
in part without any responsibility or liability on the part of the Publisher
and to the extent not so cancelled the order shall subsist. Esteem Media
Pte Ltd will repeat existing advertising copy unless written instruction
for changes are received prior to copy deadline.
- Advertisement orders may only be cancelled at the sole discretion of
the Publisher. In the event of the Publisher acceptance of cancellation
of any order at the request of the Advertiser, the Advertiser shall pay
50% of the contract sum by the due date stipulated in the Publisher.
- The Advertiser agrees that the Publisher shall not be bound by any terms
and conditions, whether printed or written, which form part of any standard
contract of the Advertiser, whether such contract was signed and/or placed
before or after signing of this Insertion Order.
- The Advertiser agrees to and does hereby indemnify the Publisher from
all costs, proceedings, claims and demands of any description whatsoever
including agency fees and solicitors costs (on a solicitor and own client
basis) and court fees, if any in the event that is become necessary for
the Publisher to institute or defend legal proceedings of any nature or
in any way to enforce its rights in respect to this contract.
- The parties agree that the Singapore law applies to this contract and
all matters arising thereof and that the Courts of Singapore shall have
jurisdiction of the same.
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