Our Advertising Terms and Conditions set out our standard terms and conditions for advertising products and services we supply to advertisers on our websites.
Every advertiser and advertising agency (“you”) who submits an order for advertising on a website or in an email operated by us, agrees to these terms and conditions. Your order and these Terms and Conditions form the basis of a contract between you and us for the provision of the advertising ordered by you.
We will, subject to availability, technical limitations and these Terms and Conditions, use our reasonable endeavours to publish your advertisement in the format submitted by you and in accordance with your other instructions. The positioning/resizing or placement of your advertisement will be at our discretion unless we expressly agree otherwise in writing.
We may, at our absolute discretion, refuse to publish any advertisement without giving any reason. If we do refuse to publish your advertisement, no fee will be charged to you. Even if a contract has been formed between you and us, we reserve the right to refuse or withdraw your advertisement from publication at any time, without giving reasons, even if we have previously published the same or similar advertisement. We may, at our absolute discretion and at no extra cost to you, re-publish your advertisement in any other place. You acknowledge that we are entitled to publish your advertisement anywhere in the world via any medium. We may, without prior consultation or notice to you, amend your advertisement in any way whatsoever, if we believe that the publication of your advertisement would be offensive, in breach of any law, in breach of any pre-existing agreement we have with a third party or in breach of a third party’s rights. If we amend your advertisement, this will not reduce the price agreed for publication of the advertisement. We reserve the right to vary the placement or positioning of your advertisement and to change the format of your advertisement where we deem fit to do so. We will endeavour to notify you of those changes, but we will not be liable for any costs, expenses, losses or damages suffered or incurred by you arising from our failure to publish your advertisement in accordance with your request. We may head any advertisement as “Advertisement” whenever required to do so by law or whenever we consider it appropriate, for any reason, to distinguish it from other types of content.
The rate for your advertisement will be as agreed by us. If we have quoted a rate to publish a specific quantity of advertising over a specific period and a lesser quantity is submitted for publication within that period, then what is published within that period shall be costed at whatever rate is necessary to generate the expenditure which would have been incurred had the full agreed volume been published. You must pay us for the advertising services in accordance with the terms of your order. If no due date for payment is specified in your order, you must pay us within 30 days of the date of the invoice. We will invoice you monthly in advance. All rates and charges quoted are payable in Advance excluding VAT – as Afri Untamed are not registered for VAT.
.We will not compensate you where campaigns are affected or delayed in any way by third party ad-server redirect problems. We may, in our absolute discretion, remove any redirects from our network which are delayed in serving advertisements. All click-through URL’s must enable the browsers feature to allow users to return to our website. If you submit advertising material to us electronically, the material must comply with our specifications. We can reject the advertising material if it is not submitted in accordance with such specifications.
We do not accept any responsibility for errors in advertising material that has been submitted electronically by you.
Cancellation of any advertisement or campaign must be received in writing from you no less than 30 days before the commencement date. Any cancellations after payment subject to a minimum cancellation fee of 100% of the total cost of the entire campaign. Campaigns cancelled at your request after commencement will not be entitled to a refund of the unused portion of the campaign.
If you fail to pay for the advertising services in accordance with your order and these Terms and Conditions, or if you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over any of your assets or if you resolve to wind up your company, then we may (at our absolute discretion cancel any current advertising campaign and terminate any agreement for advertising that is yet to be published and take proceedings against you to recover any overdue amount including costs in relation to any action taken against you by us.
By submitting advertising material to us or authorising or approving the publication of advertising material by us on your behalf, you warrant that the advertising material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against us, our partners, our directors, employees or agents. Without limiting the above, you warrant that the advertising material submitted, authorised or approved by you does not breach or infringe the Namibian laws, the Fair Trading Acts of relevant Namibia or equivalent or other sale of goods legislation; any copyright, trade mark, obligation of confidentiality or other personal or proprietary rights; any law of defamation, obscenity or contempt of any court, tribunal or royal commission; State or Commonwealth anti-discrimination legislation; the Privacy Act; or any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory). By submitting, authorising or approving advertising material for publication by us, you indemnify us and our partners, our directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from the publication of the advertising material. Without limiting the generality of the above, you indemnify us and our partners, our directors, employees and agents against any costs, expenses, losses, damages, liability and claims suffered or incurred and arising from your breach of these Terms and Conditions and any negligent or unlawful act or omission by you in connection with the advertising.
We make no representation or warranty in relation to the number of visitors to our websites or the number of impressions at any site except for any made expressly in writing by us. Except for any warranty or representation made expressly in writing by us, you acknowledge that you have not relied on any advice given or representation made by us or on our behalf in connection with the advertising.
We have no liability to you and you indemnify us in relation to any failure of telecommunications services or systems which affect our receipt of your advertisement or the publication of your advertisement.
We exclude all implied conditions and warranties from these Terms and Conditions, except any condition or warranty which cannot be excluded (ìnon-excluded conditionsî). We limit our liability for: breach of any non-excluded condition (to the extent that liability for such breach can be limited); and any other error or omission in publishing caused by us; to (at our option) re-supply of the advertising services affected by our breach or payment of the cost of re-supply. Subject to the above, we exclude all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with these Terms and Conditions and any advertisement published by us, whether that liability arises in contract, tort (including by our negligence) or under statute. Without limitation, we will not, in any circumstance, be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
We may change these Terms and Conditions at any time without notice to you. Those changes will apply to the provision of advertising services after the date the change becomes effective. You and we will be bound by the Terms and Conditions that are current as at the date of your order.
These Terms and Conditions, together with your Advertising Agreement Online, represent the entire agreement between you and us in relation to the advertising services and cannot be varied except by agreement in writing signed by one of our authorised officers. No purchase order or document issued by you will vary these Terms and Conditions. We will not be liable for any delay or failure to publish your advertisement that is caused by a factor outside of our reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint). We may serve a notice or any court document on you by forwarding them by prepaid post or facsimile, electronic media to your last known address.
You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. You may not link to our site if you sell ads on your site or you charge a subscription fee to use or access your site. No deep linking directly to articles is permitted if you sell ads on your site or you charge a subscription fee to use or access your site. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of our site is permitted.
Copyright and Trademarks
The Service is the personal property Afri Untamed and we retains the right to bar any individual or entity from the Service. Accessing the Service after being barred shall constitute an act of trespass. The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips and PDF files (collectively, the “Content”), are protected by copyright and are owned by Afri Untamed. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above. It is understood that some of the content appearing on the site is news and as such releases are not obtained from individuals or entities for the use of the name, likeness, or trademarks. It is your sole obligation to a) determine if your uses require releases or permission, and b) to obtain the necessary releases.
By using the Site you acknowledge and agree that Afri Untamed and its affiliates shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Products ordered or received through this Site or through links on this Site or from any action or inaction of any Vendor.
The Site may contain links to other Web sites that are owned and operated by third parties. You acknowledge that Afri Untamed is not responsible for the accuracy, content, or availability of information accessed or linked to through the Site, nor does the inclusion of any such link imply endorsement by Afri Untamed of that Web site.
These Terms and Conditions may be updated regulary without any notice, and you agree to be binded by even the Terms as updated..
Last Updated 3/9/2019.
Afri Untamed Team.
