Out Terms And Conditions
1.1 By its signature on the contract, the Advertiser hereby authorises DSG Media to publish the advertisements required as specified within this contract, provided that the relevant business rules for all products and combinations thereof are upheld.
Terms and Conditions of Payment
2.1 The costs of any additional artwork or production material shall be for the account of the Advertiser and included in the total contract price specified in the contract which shall be charged in the case of the Digital Yellow Pages, on the date on which the advertisement is marked “live” by DSG Media on DSG Media billing system.
2.2 If payment is by means of a monthly debit order, the debit order shall commence on the Billing Date (Initial Period) and will continue for 12 (twelve) monthly instalments and will thereafter automatically renew on a month to month basis (Renewal Period) unless terminated by the Advertiser on written notice to be received by DSG Media not less than 1 (one) clear calendar month prior to the last day of the Initial Period or Renewal Period as the case may be.
2.3 All Electronic Products and combinations thereof are subject to annual increases on the 1st of April of each year.
2.4 All debit order dates that fall on a Sunday or Public Holiday will be processed on the following working day.
2.5 In the event that the debit order is unsuccessful DSG Media will attempt to collect the outstanding amounts on the 20th calendar day of the month for all debit orders presented on the 1st, 5th or 15th and on the 1st calendar day of each month for all debit orders presented on the 20th and last day of the calendar month and thereafter. Should the debit order be unsuccessful the second time the electronic advert shall be cancelled.
2.6 In the event that payment is not received in any other form and the account is overdue for 60 days or more, the electronic advert will be cancelled.
2.7 In the event of a payment default, the Advertiser shall be charged interest on all amounts outstanding. Such interest shall be charged as per the prescribed prevailing rate of interest in Zambia and provided that the said rate shall be uniformly applied to all amounts outstanding and due.
2.8 Notwithstanding anything to the contrary herein contained and in particular the terms of payment agreed upon, in the event of any of the following occurrences, the full contract price shall forthwith become due and payable namely:
2.8.1 the Advertiser alienating or in any other manner disposing of or giving up its business or substantial part of its assets or in the event of the Advertiser passing a resolution for any of the aforegoing;
2.8.2 the Advertiser ceasing or threatening to cease to carry on its business or passing a resolution for the winding-up of a substantial portion of its business;
2.8.3 a judgment being granted against the Advertiser and such judgment not be satisfied within 7 (seven) days of the date thereof;
2.8.4 the Advertiser compromising or entering into an agreement with any of its creditors whatsoever;
2.8.5 the provisional or final sequestration/liquidation of the Advertiser or a judicial manager being appointed over the Advertiser
Duration of Contract
Electronic Traffic Products Electronic Traffic Products are those products, which generate traffic for the Advertiser from external sources outside of DSG Media. An example of an external source could be search engines on the Internet. The traffic could be directed to an Advertiser’s own electronic resources (for example, a website) or to a DSG Media electronic product owned by the advertiser, provided the business rules are upheld. For Electronic Traffic Products bought from Google, DSG Media retains a management fee and the remaining ad-spend is used on Google at the prevailing Google rates, which are determined by Google. The same applies for Social media bought from Facebook.
Limitations of Liability
5.1 Whilst DSG media will use its best efforts to ensure that entries and advertisements are displayed correctly; the Advertiser shall have no claim of any nature against DSG Media Limited for any loss or damages including but without being limited to consequential damages which the Advertiser may suffer as a result of, without limiting the generality of the foregoing, any error in or omission from its advertisement/s in any entry, or, on the Digital Yellow Pages or as a result of the incorrect display in or the omission of any unit of advertising from any DSG Media Platform.
5.2 Where the Advertiser has placed an advertisement in the Digital Yellow Pages, the Advertiser hereby acknowledges and accepts that in no event will DSG Media be liable for any loss or damages including consequential damages which the Advertiser may suffer as a result of any downtime of any computer system on which the Digital Yellow Pages relies or to which the Digital Yellow Pages is connected, for any reason whatsoever including but expressly without being limited to any act of Force Majeure, computer viruses and the like.
5.3 If for any reason whatsoever any of the entries as ordered by the Advertiser in terms hereof, are not displayed, this will not justify cancellation of the entire contract, but will only entitle the Advertiser to a pro rata reduction of the contract price equivalent to the price of the adverts not published, as determined by DSG Media.
5.4. DSG Media and the Advertiser acknowledge that this agreement constitutes the entire agreement between the parties.