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Advertisement(s) accepted for magazine by West Side Publishing are
subject to the following terms and conditions, which the advertisement
buyer agrees to by any of these actions: purchasing, agreeing to
purchase, reserving space, providing the advertisement materials, or
otherwise communicating its intent to be an active advertiser.
The party or parties (hereinafter called "ADVERTISER") placing
advertisements (hereinafter called "ADVERTISEMENT") and West Side
Publishing (hereinafter called "PUBLISHER"), by accepting the
ADVERTISER'S order at Dubai, United Arab Emirates to publish advertising
in PUBLISHER'S printed magazine (hereinafter called "PUBLICATION"),
hereby agree to the following terms and conditions:
1. Only these terms and conditions and PUBLISHER'S rate card shall be
binding upon the PUBLISHER and ADVERTISER. PUBLISHER shall not be bound
by any conditions, appearing on ADVERTISER'S insertion orders, agency
forms, copy instructions, or otherwise which conflict with the
provisions appearing in this contract and PUBLISHER'S applicable rate
card. All terms and conditions are subject to change by PUBLISHER
without notice.
2. PUBLISHER reserves the right to exclude any ADVERTISEMENT which, in
its opinion, does not conform to the standards of the PUBLICATION.
ADVERTISERS are not allowed to quote this PUBLICATION's reviews or
ratings in advertisements submitted for publication herein, without the
PUBLISHER'S prior written consent. ADVERTISEMENT must be clearly and
prominently identified by a trademark and/or signature of ADVERTISER.
3. The subject matter, form, size, wording, illustration, photography,
colour and typography of ADVERTISEMENT shall be subject to the approval
of PUBLISHER, but unless otherwise authorized in advance, no change(s)
shall be made without the written consent of the ADVERTISER. If
PUBLISHER is unable to provide ADVERTISEMENT in the type or style
requested, it may publish ADVERTISEMENT in such other type or style as,
in its opinion, most nearly corresponds, and the advertisement may be
inserted without submission of proof unless proof before insertion is
requested on the face of the insertion order.
4. PUBLISHER does not accept responsibility for the quality of any
ADVERTISEMENT supplied by ADVERTISER or its agent which does not meet
PUBLISHER's mechanical specifications and/or is not provided by stated
deadline. PUBLISHER reserves the right to alter any film, mechanical,
digital file, text message, or other material which does not meet said
specifications. In the absence of a suitable ADVERTISEMENT, PUBLISHER
may create new graphic and/or text ADVERTISEMENT based on its best
knowledge of ADVERTISER's product/service. ADVERTISER or its agent will
be charged for all production work, including graphic art and design
services, digital work, copywriting, typesetting, halftones, reverses,
artwork(s). Services provided by the PUBLISHER will be billed at the
prevailing rates, and no commission will be allowed on such charges.
5. All orders are accepted subject to acts of God, fires, strikes,
accidents, action of government entity, or other occurrences beyond
PUBLISHER'S control, which prevent PUBLISHER from partially or
completely producing, publishing, or distributing its PUBLICATION.
6. ADVERTISER agrees to pay for all ADVERTISEMENT published by the
PUBLISHER in accordance with the PUBLISHER'S applicable rate card.
Payment in full is due at space reservation deadline, unless credit has
been approved in advance. All new ADVERTISERS must pre-pay first
insertion. When credit has been granted, all payment is due within
authorized credit terms from the invoice date. If payment is not made
according to credit terms, ADVERTISER and agency are jointly separately
liable for all charges.
7. If ADVERTISER places fewer ADVERTISEMENTs than contracted for within
the contract period, then the ADVERTISER will be liable for additional
charges based on the actual earned rate. If ADVERTISER places a greater
quantity than contracted for, ADVERTISER may receive a rebate based on
actual earned rate upon request and if applicable. Any rebates will be
refunded by PUBLISHER upon full payment of contract by advertiser.
8. PUBLISHER retains the right to alter any of its PUBLICATIONs in any
way, including changing the name, format, style, frequency, schedule,
medium and mission. PUBLISHER will provide reasonable notice to
ADVERTISER, who will have the right to change or terminate any
advertising contract which is reasonably affected by the change; however
ADVERTISER remains responsible for full payment for any ADVERTISEMENT
published prior to the change.
9. Cancellations of space will not be accepted unless received fifteen
(15) days prior to the space reservation deadline of that issue. If
ADVERTISER fails to provide materials in time to meet the published
deadline of an issue in which he has ordered space, PUBLISHER will
charge the ADVERTISER at the regular rate for the space reserved and
payment will be due. On reserved space, if no new material is received
prior to art deadline for that issue, the PUBLISHER reserves the right
to repeat the ADVERTISER'S last ADVERTISEMENT or run a "house ad" at the
ADVERTISER'S expense.
10. All position stipulations appearing on orders will be treated as
requests except for cover orders and positions secured by 12x contracts
which have been guaranteed in writing by PUBLISHER. PUBLISHER'S
liability for any error will not exceed the charge for the
ADVERTISEMENTs in question. PUBLISHER will not be liable for errors in
Advertising Index.
11. PUBLISHER'S liability is limited only to the direct cost of the
advertisement and not for indirect or subsequent damages due to loss of
business or profit, no matter what the circumstances or notifications.
12. ADVERTISER agrees to indemnify, defend and hold harmless PUBLISHER
against any judgements, costs, expenses or disbursements incurred by
reason of libellous statements, violation of right of privacy, copyright
infringement or any other claim(s) or suit(s) arising in connection with
ADVERTISEMENTs contracted according to the terms herein
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