1. All Advertising Contracts must be concluded between the Advertiser and/or his authorized Agent, buyer or representative (hereinafter referred to as “Advertiser”) and the Publisher. And acknowledged by the Publisher in writing.
2. All payments must be made in the currency agreed upon in the contract and remitted to Hong Kong Dollars.
3. The Publisher reserves the right to edit, revise, reject or cancel any advertisement at any time for any reason.
4. The Publisher will not be liable for any errors or omissions resulting in consequential or other loss or damage of any kind whatsoever (whether anticipated or not) whether occasioned by (i) failure of any advertisement to appear on the specified date (or at all); (ii) errors in any advertisement published; (iii) errors in key numbers; (iv) changes made after the published deadline; (v) colour quality (vi) errors appearing in advertisement which are placed after our published deadlines or due to late delivery of digital film from the Advertiser or his designate; (vii) or for any other reason whatsoever.
5. All advertisements are accepted and published by the Publisher upon the representation that the Advertiser is authorised and is able to grant rights to publish the entire contents and subject matter thereof and that such publication will not violate any law or regulation or infringe upon any right including without limitation right of privacy, decency and intellectual property. In consideration of the Publisher’s acceptance of advertisements for publication, the Advertiser will jointly and severally indemnify, defend and save the Publisher harmless against any and all loss or expense resulting from claims or suits or loss or damage based upon the contents or subject matter of such advertisements including, without limitation, claims or suits for libel, violation of right or privacy, plagiarism and copyright infringement.
6. If an Agency is making an advertising related request on behalf of the Advertiser, the Agency confirms that it is authorized to bind the Advertiser to any resulting commitment. It is understood that the Advertiser and Agency are jointly and severally liable for payment of invoices for advertising published hereunder.
7. Advertisements must be inserted within one year from date of first insertion to earn frequency discounts.
8. Advertising schedules composed of mixed space units are entitled to normal frequency discounts except that smaller units cannot be added to larger units to gain the larger space frequency discount.
9. In the event of material insertion instructions not being received by the published deadline, the Publisher reserves the right to repeat a previous advertisement of the same size or to run a house advertisement for which the Advertiser will be liable for payment in full.
10. Cancellation of an advertisement order will be accepted only if it is received by the Publisher, in writing, not later than six weeks prior to the published deadline for the publication which it was ordered. Any cancellation made after this deadline will render the Advertiser liable to pay the contracted rate in full for the cancelled advertisement whether or not it is published.
11. Bookings for fixed and prime position advertisements are non-cancellable. In the event of the Advertiser or the Advertising Agency cancelling his/her advertisement, the Advertiser or the Advertising Agency shall be fully liable to pay the Publisher for all rates and charges in respect of the uncompleted portion of the advertising services under the contract.
12. If the Advertiser gives notice of cancellation or reduction of any part or portion of the work contracted for, then any preferential rates and/or position protection originally agreed shall cease to apply and the normal rates as set out in the published rate card shall apply instead. Likewise, on cancellation or curtailment by the Advertiser of a contract for a number of advertisements, any preferential rates and/or position protection shall cease and the normal rates as set out in the published rate card shall apply to advertisements or insertions already used up to the date of cancellation or curtailment.
13. Only digital files of the correct specification will be accepted for publication. Non-digital material submitted will be either rejected or converted to digital format at the expense of the Advertiser if so requested. The Publisher accepts no responsibility for the correct reproduction of non-digital material so converted.
14. The Publisher reserves the right to destroy all digital files, transparencies, photographs or other material which has been provided to the Publisher by an Advertiser after a period of six months. Such material will not be returned unless requested by writing.
15. While every reasonable care is taken, neither the Publisher nor its Printer or Agent is responsible nor liable for any loss or damage to digital files, transparencies, photographs and other material submitted to the Publisher. The Advertiser understands that materials submitted are done so solely at its own risk.
16. Digital files supplied by an Advertiser must be to the correct specifications. In the event that an advertisement does not reproduce correctly the Publisher accepts no responsibility and will not give any rebate or compensation in cases where incorrect digital material has been supplied.
17. All advertising copy that might be mistaken by a reader as editorial or which simulates editorial content must be clearly marked “advertisement”, “advertorial” or “marketing feature” as instructed by the Publisher.
18. The Publisher does not guarantee any given level of circulation or readership for an advertisement or insert.
19. Advertisements featuring retail prices or religious symbols will not be accepted.
20. Stipulations on advertising orders which differ from the published rates, terms and conditions are not considered binding unless expressly acknowledged in writing by the Publisher.
21. In consideration of the Publisher’s reviewing for acceptance, or acceptance of, any advertising for publication, the Advertiser agrees not to make promotional or merchandising reference to the Publishers Media brands in any way except with the prior permission of the Publisher in each instance.
22. Any complaints or claims regarding advertisements published must be made in writing within 15 days following the date of publication and be sent by registered post or recorded delivery to the Publisher. Complaints or claims received after this deadline or sent by other means will not be entertained.
23. Verbal commitments on special positions, make good advertisements, compensation or any other matter will not be binding unless expressly acknowledged in writing by the Publisher.
24. The placing of an order or the transmitting of advertising materials or instructions for insertion of an advertisement shall amount to an acceptance of these terms and conditions and any terms inconsistent with these (including verbal commitments, rates and rules) shall be void unless varied in writing and signed by the Publisher.
25. Verbal contracts between an advertiser and a representative of the Publisher which are accepted by the Publisher are considered contractually binding.
26. Any material instructions for the insertion of an advertisement given to the Publisher will be considered as a binding undertaking to pay for the advertisement at the rate prescribed in the rate card applicable at the time.
27. Incorrect rates or conditions on insertion orders which do not correspond to the published rate card and these terms and conditions will be regarded as clerical errors and the advertisements will be published and charged for at the applicable rates in effect at time of publication.
28. No waiver or indulgence by the Publisher shall be effective save in relation to the matter in respect of which it was specifically given in writing.
29. If a provision in these terms is determined to be void and unenforceable, in whole or in part, it shall be severable from and not be deemed to affect or impair the validity of any other provision.
30. All video advertorial / productions and events shall be paid 100% deposit once the contract signed.
31. This agreement shall be construed under and be governed by the law of Hong Kong Special Administrative Region and the parties hereto must submit to the jurisdiction of Hong Kong courts