StayHere.co.za

Terms and conditions of the INTERNET ADVERTISING ORDER:

PLEASE NOTE: If yours is an accommodation establishment then please go here for terms and conditions pertaining to booking accommodation.

1. The parties to this agreement are 'the Advertiser' and StayHere.co.za.
2. The Advertiser agrees to pay cash with order. In the case of booking commission the Advertiser agrees to the commission due being deducted from any deposit held by StayHere.co.za.
3. All amounts stated are inclusive of VAT at 14%.
4. This is a firm order and is not subject to cancellation by the Advertiser. In the event of the Advertiser refusing to fulfill the terms of this agreement the full un-discounted value of this order shall immediately become due and payable to StayHere.co.za as damages.
5. Proofing of advertisements may be carried out by e-mail facsimile or mail. StayHere.co.za will not be held responsible for any errors or omissions not corrected by the Advertiser at the proofing stage. Alterations thereafter will be charged at a minimum of R50.00 per change.
6. The burden shall be upon the Advertiser to ensure that the information used to compile the advertisement is correct.
7. All advertising material, for inclusion in the advertisement including but not limited to, all copy, image, photograph, negative or transparency, shall be supplied to StayHere.co.za by the Advertiser, within ten days of the acceptance of these conditions, in accordance with StayHere.co.za policies at the time, and in a format acceptable to StayHere.co.za. StayHere.co.za shall not be required to publish any advertisement that is not received in accordance with such policies and reserves the right, at StayHere.co.za's sole discretion, to charge the Advertiser, at the rate of R100.00 per day, for any inventory or work-in-progress held by StayHere.co.za pending receipt of acceptable material from the Advertiser which is past due, or publish in substitution, any prior advertisement submitted by the Advertiser.
8. In the event that the Advertiser fails to supply StayHere.co.za with all advertising material needed for the completion of the advertisement as stated in clause 7 hereof the full un-discounted value of the order will become due and immediately payable as damages and any monies already paid by the Advertiser to StayHere.co.za shall be forfeited and set off against all amounts owing to StayHere.co.za.
9. All artwork carried out by StayHere.co.za in the compilation of this advertisement remains the copyright property of StayHere.co.za and may not be reproduced in any other publication or on any other web site unless the original artwork was supplied by the advertiser or unless with the express written permission of StayHere.co.za.
10. Except as otherwise expressly provided the positioning of advertisements within the stayhere.co.za web site, shall be at the sole discretion of StayHere.co.za.
11. Except as may otherwise expressly be set forth, any renewal of the Advertising Order and any acceptance thereof shall be at the sole discretion of dead Duck Graphix. Pricing for any renewal is subject to change by StayHere.co.za from time to time.
12. The Advertiser hereby grants to StayHere.co.za a nonexclusive, world-wide, fully paid licence to use, perform, reproduce, display, transmit,and distribute the advertisement and all contents therein in accordance herewith.
13. This agreement is not transferable by the Advertiser. The Advertiser may not resell, assign, or transfer any of his rights hereunder.
14. StayHere.co.za makes no guarantee with respect to usage statistics or levels of impressions or click-through for any advertisement.
15. StayHere.co.za makes no warranty, express or implied, with respect to any matter, including but not limited to advertising and other services, and expressly disclaims the warranties or conditions of non-infringement, merchant liability, and fitness for any particular purpose.
16. In the event that StayHere.co.za fails to publish an advertisement in accordance with the schedule provided in the Advertising Order, or in the event of any other failure, technical or otherwise of such advertisement to appear as provided in the Advertising Order, the sole liability of StayHere.co.za, its owner or representative, and exclusive remedy of the Advertiser shall be limited to placement of the advertisement at a later time in a comparable position until the advertisement is delivered. In no event shall StayHere.co.za be liable for any act or omission,or any event directly or indirectly resulting from any act or omission of Third Parties (if any). In no event shall StayHere.co.za be liable under this agreement for any consequential, special lost profits, indirect or other damages, whether based in contract, tort or otherwise, even if StayHere.co.za has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy. StayHere.co.za's aggregate liability under this agreement for any claim is limited to the amount received by StayHere.co.za from the Advertiser for the Advertising Order giving rise to the claim. Without limiting the foregoing, StayHere.co.za shall have no liability for any failure or delay resulting from any governmental action, fire flood insurrection, earthquake, power failure, riot, explosion, embargo, strikes, whether legal or illegal, labour or material shortage, transportation interruption of any kind, ,work slowdown, or any other condition affecting production or delivery in any manner beyond the control of StayHere.co.za. The Advertiser acknowledges that StayHere.co.za has entered into this agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.
17. The Advertiser represents and warrants to StayHere.co.za, and Third Parties (if any), that the Advertiser hold all necessary rights to permit the use of the advertisement by StayHere.co.za for the purpose of this agreement; and that the use, reproduction, distribution, transmission, or display of the advertisement, any data regarding users, and any material to which users can link, or any products or services made available to users, through the advertisement will not
(a) violate any criminal laws or any rights of any third parties or
(b) contain any material that is unlawful or otherwise objectionable, including without limitation any material that encourages conduct that would constitute a criminal offense,give rise to civil liability, or otherwise violate any applicable law. The Advertiser agrees to indemnify, defend and hold StayHere.co.za and Third Parties (if any) harmless from and against any and all liability, loss, damages, claims or causes of action, including reasonable legal fees and expenses arising out of or related to
(i) breach of any of the foregoing representations and warranties, or
(ii) any third party claim arising from use of or access to the advertisement under this agreement, or any material to which users can link, or any products or services made available to users, through the advertisement under this agreement.
18. The parties hereby appoint for purposes of this agreement their respective domicillium citandi et executandi to be as set out in this agreement.
19. In the event of StayHere.co.za instituting legal action against the Advertiser for breach of this agreement; then the Advertiser will be held liable for all legal costs on a client and attorney basis as well as the administrative costs for the serving of notices and the collection of outstanding amounts. Ten per cent (10%) of the value outstanding plus fifty Rand (R50.00) for postage and petties will be added to the sum outstanding for collection to cover the initial costs of collection.
20. Interest calculated at 2.5% per month will be levied against all overdue amounts.
21. The parties hereto consent in terms of section 45 of the Magistrates Courts Act to the jurisdiction of the Bredasdorp Magistrates Court notwithstanding the fact that the amount involved may exceed the jurisdiction of such magistrates court.

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