TERMS OF SERVICE
This contract constitutes an agreement for the display
of Advertising material, referred to as the Site (s) and
entered into between the client or an agency
representing the client and Captivate Africa Limited.
Client or Agency shall be referred to as the
Captivate Africa Limited shall be referred to as the
The contract period shall be in accordance with communication in writing from the Advertiser as accepted in the following formats: • Local Purchase Order (LPO) • In Writing on a Letter Headed document and or an email from the authorized representative of the client. • As per a signed Contract Offer, Quotation or Contract from the Company.
3. CONSIDERATION 3.1. Site Selection and Rental Amounts shall be deemed agreed and or approved should confirmation be received as per clause 2.0 3.2. Any amounts and values shall be excluding VAT unless specifically indicated on the document at the prevailing VAT rate. 3.3. Any amounts and values exclude Agency Commission unless specifically indicated. 3.4. Any amounts and values exclude costs related to design, printing and installation of the Advertisers artwork unless specifically indicated. 3.5. The Advertiser understands that the advertising site or sites selected and confirmed as per clause 2.0 have been reserved for their exclusive unless specifically indicated by the Company. 3.6. Invoicing shall be done prior to the exposure of the billboard. 3.7. Payment shall be received within 30 days of invoicing.
4. ACCEPTANCE This agreement and or contract shall be approved as per clause 2.0 of this agreement.
5. SPECIAL CONDITIONS 5.1. Notice to renew / cancel contract. The “Advertiser” shall have the first option to renew on such terms to be agreed upon at the time. Should the Advertiser wish to terminate the agreement at the Termination Date, the Advertiser shall notify the company of its intention to do so by giving the minimum notice period of 3 (Three) months in writing. Should the Advertiser not notify the company of its intention to terminate within such minimum notice period, then the agreement shall continue indefinitely and shall be subject to termination at the expiry of the minimum notice period after written notice advising of the intention to terminate has been given, which notice may only be given on the first day of any month.
6. INTERUPTION OF SERVICE 6.1. In the event of the Advertising Service being interrupted for any reason whatsoever for a period of not more than 60 (sixty) days then the company shall be entitled in its sole and absolute discretion to extend the term of this agreement by the period for which the Service has been interrupted, in which event the period over which the installments are provided for shall be likewise extended; 6.2. In the event of the company being prevented for any reason which is beyond the reasonable control of the company, and without in any way limiting the generality of the foregoing by reason of any law or regulation or state of emergency, embargo, or civil commotion, from supplying the Advertising Service then; 6.2.1. The Advertiser shall not have any claim of any nature whatsoever against the company; 6.2.2. The company shall be entitled in its sole and absolute discretion to terminate this Agreement without prejudice to any claims it might have against the Advertiser for any causes of action which arose prior to such termination; 6.2.3. In the event of the company not being able to provide illumination for the site (s) for a period of more than 7 (seven) days, calculated from the date of notice given to the company or the date on which the company first became aware of the non-illumination (whichever date occurs first) then the Advertiser shall be granted a 30% (thirty percent) reduction in rental until such time as illumination to the site (s) is restored.
7. MALFUNCTION OR DAMAGE TO THE SITE (S) In the event of the malfunctioning of the Site or damage to the Site (a question of fact which shall be determined by the company in its sole and absolute discretion) then the company shall be entitled to either: 7.1 Rebuild or relocate the Site, or; 7.2 Terminate this Agreement in which event the Advertiser shall not be obliged to make payment of any further installments to the company and shall also not be entitled to the refund of any amounts paid to the date of such termination.
8. INSURANCE AND LIMITATION OF LIABILITY The company shall take out and keep current public liability insurance against liability or bodily injury to any person and/or damage to property resulting from any accident arising out of the construction, erection, maintenance or removal of the Site. The company’s liability in respect of the Site for any of the above eventualities shall be limited to the amount of the indemnity given to the company under such policy;
9. MAINTENANCE OF SITE (S) Provided the Advertiser is not in breach of any of the provisions of this Agreement, the company shall be responsible for the reasonable maintenance of the Site at its expense. Such maintenance shall be limited only to. • Ensuring that the Site (s) moving parts and lights are in working order. • Replacing defective transformers. • Repairing or replacing defective wiring; • Any other damage or loss not attributable to any act of negligence on the part of the Advertiser or its duly authorized agents or representatives; • The Site (s) face to be inspected monthly and washed if necessary or washed on request of the Advertiser within 7 (seven) days of such request.
10. OWNERSHIP OF THE SITE (S) The Site (s) shall at all times remain the Property of the company and the right of dealing with the Site in any manner at all times vests solely in the company and on termination of this Agreement for any reason whatsoever, the company shall be entitled to dismantle and remove the Site. 11. ARTWORK The “Artwork” Artwork consists of a color proof and optical disc, as per the Company’s specifications, of the image required to appear on the advertising display. The Advertiser shall be responsible for the provision of artwork to the Company by the date calculated in the “Artwork Deadline”. In the event of the Advertiser not providing the artwork to the company timeously, then the Advertiser shall be responsible for any loss suffered as a result thereof and shall remain responsible to the Company for the payment of the monthly rental with effect from the commencement date, unless the Company agrees to delay the commencement date in which event the parties shall prepare an addendum to the contract which shall extend the contract for the period of such delay to ensure that the duration of the contract remains the same.
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