1. In These Conditions, the following
expressions shall have the following meanings: -"Advertiser"
means the Advertiser or his Agent who books the advertisement
and is responsible for payment; "Advertisement"
means the article that the Advertiser requires the
publisher to publish; "Contract" means the
advertising contract made between the Publisher and
Advertiser to be executed in the manner stated overleaf
and subject to These Conditions; "Publisher"
means Times Publishing (Hong Kong) Limited; "These Conditions" means the
terms and conditions of the Contract stated herein
which are the only terms upon which the Publisher
is prepared to deal with the Advertiser.
2. The Advertiser shall indemnify
the Publisher against all loss and damage which the
Publisher may suffer for publishing the Article including,
but not limited to, liability for defamation and violation
of intellectual property rights.
3. All advertisements are accepted
by the Publisher upon the understanding that all representations
or descriptions therein are true and accurate. The
Advertiser shall indemnify the Publisher against any
liability for misrepresentation or false description
or any other like liabilities.
4. Subject to These Conditions, the
Publisher shall publish the Article in the manner
specified in this Contract. To avoid doubt, it is
hereby declared that the publication of the Article
in the manner herein provided shall not give rise
to a continuous contract between the parties unless
the parties have signed a special agreement for the
latter. New contract will have to be made for new
insertions.
5. While the Publisher shall carry
out the terms stated in this Contract diligently,
the Publisher reserves the right to adjust its charge
or to change the manner in publishing the Article
with regard to space, position or frequency of insertion
for reasons which are beyond the control of the Publisher.
In such an event, the Advertiser will be notified
and given the opportunity to cancel such part of this
Contract that has not yet been performed upon refund
of a due portion of the amount paid under this Contract
as full compensation.
6. Notwithstanding the execution
of this Contract, the Advertiser agrees that the Publisher
shall have the absolute right to refuse to accede
to the Advertiser's request for withholding, cancelling
or transferring the publication of the Article unless
the Advertiser has informed the Publisher in writing
not less than 6 weeks before the scheduled date of
insertion in case of black and white advertisements
and in case of colour advertisements in special positions,
the requisite notice shall be 8 weeks before the scheduled
date of insertion.
7. If the Advertiser cancels any
part of this Contract in the manner of permitted in
clause 6 above or in respect of insertions not being
completed within the contractual period, all unearned
discount shall be surcharged and paid by the Advertiser.
8. Frequency discounts are discretionary
and only apply to orders placed in advance and are
to be completed within one year from the date of first
insertion.
9. All payments payable by the Advertiser
hereunder must be paid promptly in the manner specified
herein. If any amount is overdue, the Publisher shall
have absolute right to suspend further insertions
if it deems fit. Further, the Publisher shall be entitled
to charge interest on any amount overdue at the rate
of 2% per month from the date of invoice until the
date of payment in full.
10. All payments must be made in
US dollars or as specified in the Publishers' invoice,
unless otherwise agreed by the parties hereto.
11. Notwithstanding anything in These
Conditions, neither the Publisher nor the Advertiser
shall be liable to each other for any loss or damage
occasioned by any legislation, Orders in Council,
Act of State, strike of employees, trade dispute,
war, riot, fire, force majeure or Act of God which
is beyond the control of either party.
12. The Advertiser shall supply the
requisite advertising materials for publishing the
Article to the Publisher as soon as possible after
this Contract is made and in no event later than the
deadline stipulated, the Publisher shall have the
right to use advertising materials which have been
used for the same Advertiser on a previous occasion
or cancel this Contract. The Advertiser agrees not
to make any claim against the Publisher in such event
and undertakes to compensate the Publisher for all
loss and damage which the Publisher may suffer if
the Publisher has to exercise its right hereunder.
13. Advertising materials provided by the
Advertiser must conform to the Publisher's requirements
in all respects as outlined in the Publisher's schedule
of rates published from time to time. Any additional
work involved in adjusting any irregularities of the
advertising materials supplied by the Advertiser may
be charged by the Publisher.
14. One voucher copy will be provided
by the Publisher for each advertisement published
but the Publisher may also supply tear sheets if required
by the Advertiser.
15. The Advertiser shall be responsible
for issuing all 4 colour separations, black and white
film positives and other advertisement materials required
for publishing the Article to the Publisher but the
Publisher shall not be liable for any loss or damage
to the said materials while they are in the Publisher's
possession save for gross negligence.
16. The Publisher shall have the
right to destroy or otherwise dispose of all colour
separations, negatives and other advertising materials
left in its or its printer's custody for over six
months after the Article has been published unless
the Advertiser, or his authorised agent, has given
instructions to the contrary and the Publisher agrees
to be bound by the same. The right herein provided
can be exercised by the Publisher without giving any
notice to the Advertiser.
17. This Contract and These Conditions
are governed in all respects by the laws of Hong Kong
and by signing this Contract the parties to the same
have thereby submitted themselves to the jurisdiction
of the Hong Kong Courts.
18. Save for These Conditions, no
other terms and conditions can be incorporated into
this Contract unless, the same is in writing and has
been signed by both parties to this Contract. Likewise,
these Conditions can only be varied or supplemented
if such variation or supplement is in writing and
has been signed by both parties.
19. These Conditions embody the entire
agreement of the parties hereto and supersede any
prior promises, representations, undertakings or implications.
For the avoidance of doubt, the Advertiser declares
that it enters into this Contract on the basis of
These Conditions but not as a result of any representation
of the Publisher prior to the signing of this Contract.
20. While These Conditions are considered
by the parties hereto to be reasonable in all the
circumstances after consultation, if any provision
of These Conditions shall be adjudged to be void or
unenforceable, as going beyond what is reasonable,
in whole or in part, such provision shall, to that
extent, be deemed not to form part of These Conditions
and the legality or enforceability of the rest of
These Conditions shall not be affected or impaired
thereby.
21. For the avoidance of doubt, the
Advertiser hereby declares that it is contracting
as principal with the Publisher.
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