Advertising Terms and Conditions
‘Publisher’ means Real Estate Trainer and/or The Real Estate Doctor; and ‘Advertiser’ means the person booking the advertising space including agents. ‘Rate Card’ means the Publisher’s current scale of charges for advertisements, a current copy of which may be obtained from the Publisher. ‘Contract’ means a legally binding booking accepted by the Publisher. ‘Cancellation’ of a Contract means cancellation of either all or part of the remaining unperformed part of the Contract.
The advertisement is accepted on the understanding that the relationship between the Advertiser and Real Estate Trainer and/or The Real Estate Doctor (the Publisher) is governed by the conditions set out below.
Unless specifically approved in writing by the Publisher, any alternative conditions stipulated on an Advertiser’s agreement/insertion order or anywhere else shall be void.
The issue of a Rate Card or email correspondence does not constitute an offer by the Publisher to contract. A Contract is made only by the Publisher’s written acceptance of the Advertiser’s signed agreement/insertion order.
The Publisher reserves the right to refuse any information submitted for publication, and in this respect the Publisher’s decision is final. All information is accepted subject to the Publisher’s approval of the copy and to the space being available.
For print advertisements, the Publisher reserves the right to amend any copy where necessary. Copy matter and Advertisements must conform to the Publisher’s requirements.
For online Advertisements, the Publisher reserves the right at any time in its absolute discretion to reject or cancel any Advertisement, Order, URL link, space reservation or position commitment; or to remove any Advertisement from any of the Publisher’s properties.
Except as otherwise expressly provided, positioning of Advertisements within the Publisher’s properties or on any page is at the sole discretion of the Publisher, and the Publisher will not be prohibited from also carrying Advertisements for any product or business competitive to the product or business of the Advertiser.
The Advertiser warrants that any Advertisement submitted by it for publication shall comply with all applicable laws, legislation, regulations, codes of practice and is not an infringement of any other party’s rights.
The Advertiser hereby grants a world-wide non-exclusive, fully paid license to reproduce and display the Advertisement (including all contents, trade marks and brand features contained therein). The Advertiser will indemnify the Publisher fully for all costs, expenses, damages or liability whatsoever (including legal costs and awards ordered against the Publisher) in respect of any claim made against the Publisher arising from the Advertisement or its publication or as a result of any breach or non-performance of any of the representations, warranties or other terms contained herein or implied by law.
The Advertiser further undertakes to indemnify and to keep indemnified Real Estate Trainer and/or The Real Estate Doctor against any costs, claims and expenses which result directly or indirectly from any breach of any of the above warranties.
In the case of any advertisement placed by an advertising agency, the advertiser and the said agency shall be a party to the contract in respect to the insertion order and shall be liable to the publisher in respect of all matters arising under the contract.
Rates & Payment
Advertisement rates are subject to revision at any time. A published rate is only binding in respect to an active contract. Contract renewals are subject to current rates at the time of signing.
Prepayment is required unless Publisher grants alternative payment arrangements as part of the contract. All Advertisements that are not prepaid, must be paid in full no later than 30 days after the date of the final invoice. The publisher reserves the right (without prejudice to the publisher’s other rights and remedies) to charge interest on the past due uncontested amounts at an annual rate of 5% above prime.
Unless otherwise agreed, the sum total of any multi-issue discount granted to Advertiser in accordance to the Rate Card and Contract will be applied to the final Advertisement of the contract.
All rates are quoted as cash rates. Credit card payments through Payfast are permitted and subject to a 3% service fee.
Changes, Cancellations and Errors
It is the Advertiser’s responsibility to check the correctness of the Advertisement. Publisher is not liable for Advertisements supplied by the Advertiser or his agent that contain copy errors, low resolution photos or any other graphic design elements that result in poor quality reproduction. Advertisements created by Publisher are subject to approval of the Advertiser. Verbal or written acceptance of the Advertisement constitutes an acceptance of liability for the content of that Advertisement.
In the event of any error, misprint or omission in the printing of the Advertisement, except where attributable to a default by the Advertiser or its agents, the Publisher will provide a make good ad for equal value in the next issue. No refunds will be made for ads published. Any complaint concerning the reproduction of an advertisement must be received in writing by the Publisher within 28 Days of the publication date.
The Publisher cannot accept responsibility for changes in dates of insertion and copy unless these are confirmed in writing and received by the Publisher in time for the changes to be made. The Publisher reserves the right to charge for any additional expenses involved in effecting such changes.
The Publisher cannot stop orders, cancellation or transfers unless they are received in writing within 4 weeks prior to the publication date. In the event of a late booking within 28 days of copy deadline the advertiser will have 48 hours to cancel the booking. If cancellations are not sent and received within the 28 days they will be considered null and void and full payment will still be required.
If the Advertiser cancels any Contract, he relinquishes any right to that series discount (if any) to which he was previously entitled and Advertisements will be paid for at the published rate. A new invoice will be issued for any surcharges relating to Advertisements that have already been invoiced at the discounted rate. The payment date for any previous invoices remains unaffected.
Contracts are considered binding. Cancellation of contracts for premium and full pages agreements require four months notice, the equivalent of two issues. Cancellation of contracts for ads smaller than a full page require two months notice, the equivalent to one issue. Payment for those ads are required whether or not the ads run.
Signature on the sales agreement and/or invoice, email acceptance or verbal agreement indicates acceptance of these terms and conditions. Payment of the first invoice of an agreement also indicates the agreement has begun and is valid.