TERMS AND CONDITIONS

1. All advertisements are published and all orders are accepted subject to the terms and conditions as hereinafter set out, and the advertiser is deemed to have express knowledge of and be bound by such terms and conditions. No other terms and conditions can be applied by the advertiser to any order for advertising in any publication published by Pakistan Herald Publications (Pvt.) Limited (PHPL). The advertiser accepts that PHPL does not scrutinise advertisements before acceptance and publication is on an “as submitted” basis” and such acceptance does not relieve the advertiser of the obligation to have fully complied with the said guidelines.



2. PHPL reserves the right to reject, decline or refuse to publish in whole or in part, or to amend any advertisement with or without giving notice to the advertiser, when in its sole opinion it considers this to be necessary or desirable. PHPL shall not in any way be liable for any loss or damage arising as a result of non-publication or amendment as stated above, nor shall any refund of, or deduction from the costs of the advertisement be made. In cases where the advertiser requires that its name, address and or other information shall not be disclosed and PHPL has been so notified by the advertiser on placement of its order, PHPL will use reasonable care to ensure the same but shall not be liable for any disclosure unless such disclosure is made by gross negligence of PHPL.



3. Acceptance of an advertisement for publication does not constitute a binding commitment or any representation or warranty on PHPL’s part to publish the same either at all or on any specified date or dates. PHPL shall not be liable for any loss, costs or expenses incurred by non-publication (including but not limited to non-publication) attributable to strikes, lockouts, mechanical or production difficulties or any other cause beyond the control of PHPL or by publication of an advertisement cancelled in accordance with these Terms and Conditions, or publication on a date or position or manner materially different from that specified by the advertiser on placement of its order. PHPL’s liability shall in case of non-publication be limited to a refund of the charge received for the advertisement and in all other cases as stated above, PHPL will have the option either to grant a refund of a proportion of the charge as considered in PHPL’s sole opinion as reasonable, or in lieu of such refund and at the absolute discretion of PHPL, to publish the advertisement as soon as reasonably practicable.



4. All advertisement copy and artwork must be received by the latest receipt time specified by PHPL which may be changed by PHPL without notice and PHPL has the right to refuse to accept any orders or to decline or refuse to publish any orders if the advertisement copy and artwork has not been received by PHPL by the latest stated receipt time nor shall PHPL be liable for any loss or damage arising as a result of non-publication.



5. Cancellations will be accepted if notified in writing by the advertiser and received by PHPL and its Head Office before the time specified by PHPL as the order deadline (see cancellation charges).



6. Late delivery of copy/artwork or non-compliance with cancellation procedures as specified above will result in forfeiture of the space booked and, in addition, PHPL shall have the express right to recover from the advertiser the full cost of the advertisement published.



7. The advertiser and/or its advertising agent(s) shall indemnify and keep indemnified PHPL in respect of all loss, damage, costs and expenses including legal fees arising directly or indirectly from the publication of an advertisement on instructions from the advertiser and/or its advertising agent(s). In any case where a claim is made or threatened against PHPL, PHPL will give notice in writing to the advertiser and will take reasonable steps to consult with the advertiser before any claim is settled, defended or otherwise determined provided that a failure to consult shall not affect the advertiser’s liability hereunder.



8. The submission of an advertisement constitutes a warranty by the advertiser that it has all necessary authorities and permissions for the insertion thereof and that the advertisement or any part thereof or the publication of the advertisement does not in any way contravene, violate or constitute a breach of any laws of Pakistan or any restrictions or prohibitions imposed by the relevant government authorities or otherwise and the advertiser shall indemnify PHPL for all losses or harm suffered by it on account of such a breach.



9. The advertiser is liable at all times for payment of all advertising charges. Where a recognized advertising agent substitutes its order for that of the original advertiser or requires invoices addressed to the advertising agent, PHPL shall hold the agent and the original advertiser jointly and severally liable hereunder.



10. Any claims pursuant to these terms must be made by the advertiser in writing within 48 hours after the publication date of the agreed publication. Unless such claims have been received by PHPL within the time limit specified above, any and all claims by the advertiser will be deemed to have been waived by the advertiser.



11. A claim for a free make-good insertion will only be entertained if it is made within the time limit specified in clause 10 and provided that the advertisement material has not been removed from the offices of PHPL and was submitted as per the specifications of the Printing Guidelines in this rate-card.



12. The advertiser and/or its advertising agent(s) agrees that PHPL may set off or transfer any sum outstanding to the credit of any one or more such accounts maintained by the advertiser and/or its advertising agent(s) in or towards satisfaction of any of the advertiser(s) and/or its advertising agent(s) liabilities to PHPL or in any other respect whatsoever whether such liabilities be present or future, actual or contingent, primary or collateral and several or joint. The advertiser and/or its advertising agent(s) waives all rights of subrogation and agrees not to claim any set off or counter claim against any other person liable or to prove in competition with PHPL in the event of the insolvency of such person or to have the benefit of or share in any outstanding debt receivable by PHPL.



13. Advertising agencies are responsible for payment of all advertising ordered on behalf of their clients, but the publisher reserves the right to hold the advertiser (agency) and their clients jointly and severally liable for all such payments.



14. The minimum size restriction for colour advertisements is 60 column centimetres. Any sizes other than those mentioned in the rate card in the standard as well as the odd sizes categories will be treated as odd size advertisements and will be charged on a pro-rata basis for colour on the inside pages, subject to restrictions on availability on certain pages for certain sizes.



15. In the event of non-publication of an advertisement by PHPL, PHPL's liability is limited to refunding only the cost of the advertisement. In case of a substantive error in printing of an advertisement due to negligence on the part of PHPL, PHPL’s liability is limited to providing a free make good insertion of the same advertisement. PHPL is neither responsible nor liable for any consequential damages arising from the non-publication or a printing error of an advertisement.



16. It is the responsibility of all advertisers, and/or advertising agencies to read, understand and agree to the terms and conditions stated in this rate card before placing their advertisement. Any conditions or stipulations required by the advertiser and/or advertising agency, that are contrary to the terms and conditions of this rate card will be ignored and will be considered a clerical error on the part of the advertiser and/advertising agency, and the advertisement will be published according to the terms and conditions stated in this rate card.



17. Provisional bookings for the front page must be confirmed in writing within 24 hours of booking.



18. All advertisements with a 50% portion in reverse will be charged 25% extra of the original cost.



19. In the event of a dispute Karachi (Pakistan), will be the place of jurisdiction for legal purposes.



20. “PHPL”, shall mean and include its owners, publishers, printers, and editors.



21. “PHPL” shall mean and include the publications owned, managed or controlled by the owners of PHPL either directly or indirectly.