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The following are the Terms and Conditions and Additional Terms and Conditions which form part of our Advertising Contract

Terms and Conditions

Agreement

1.        This contract records the agreement between the Advertiser and the Publisher, whereunder the Publisher will publish the advertisement and/or copy referred to or described herein in issue(s) of Caché+. The person signing on behalf of the Advertiser confirms that he/she is acting for and properly and fully authorised by the Advertiser to cause it to be entered into this contract. It is agreed that the Additional Terms and Conditions published on a sub-page of www.cacheplus.net form part of this contract.

Artwork/Copy

2.        The Advertiser shall submit to Manifesto Design, C. C. Guadalmina Alta, Blq. 3, Local 79, 29670 San Pedro de Alcántara, Málaga (‘Manifesto’) on behalf of Caché+ or by email to info@cacheplus.net all advertising, artwork and/or editorial materials on CD/DVD in a format acceptable to, and received by, Cache + no later than 15 days prior to publication (‘the Closing Date’) of the issue in which the Advertiser has indicated in the contract it wishes it to be published.

3.        Alterations requiring additional work will be charged at Caché+’s current rates. If no other copy is submitted by the Advertiser to Caché+ by the closing date, Caché+ may, without further communication with the Advertiser (and without any effect on the payment terms set out in this agreement) insert previous advertisements for the Advertiser in its place, or, in the case of a first advertisement, publish an advertisement saying 'Reserved for Future Advertisements by [name and address of client]'.

Payment

4.        If the Advertiser has pre-signed and delivered to Caché+ a domiciliación order, credit card or other payment order:

a.        no later than 5 days after the Closing Date Caché+ will send a draft print of the finished copy for the Advertiser’s approval, and an invoice from the Publisher to the Advertiser;

b.        the Advertiser will approve the copy by return of email to info@cacheplus.net no later than 8 days after the Closing Date; and

c.        the Publisher will call the domiciliación, other payment order or credit card for payment on the Payment Date.

5.        The ‘Payment Date’ is the day on which copies of the issue of Cache +, in which the relevant advertisement/copy is placed, are first delivered to subscribers and distribution points, on which day the Publisher will also send a copy of the issue to the Advertiser.

6.        If the Advertiser has not pre-signed and delivered to Caché+ a domiciliación order, credit card or other payment order:

a.        payment of 50% of the amount payable in respect of the advertisement/copy in the first issue of Caché+ to which this contract relates is required on signature of this contract;

b.        when this payment has been received, Caché+ will send a draft print of the finished copy for the Advertiser’s approval, and an invoice from the Publisher to the Advertiser;

c.        the Advertiser will approve the copy by return of email to info@cacheplus.net no later than 8 days after the Closing Date;

d.        the balance of 50% of the amount payable will be payable on the Payment Date;

e.        if this contract relates to more than one issue of Caché+, payment terms for subsequent issues will be as set out in clause 4 except that, in case of payment by cheque, the Advertiser will deliver its cheque for the full amount payable to Manifesto on behalf of Cache + (or make it available for collection from its office by a member of Caché+’s staff) no later than 8 days after the Closing Date for each issue.

7.        The amounts payable under this contract will increase from the beginning of each calendar year by the annual increase in prices shown in the Retail Price Index published in December of the previous year.

Representations

8.        This document and the Additional Terms and Conditions referred to in Clause 1 contain the entire Agreement of the parties hereto. No representations were made or relied upon by either party, other than those expressly set forth in this Agreement. No agent, employee or other representative of either party is empowered to alter any of the terms hereof, unless done in writing and signed by a duly authorized officer, employee or other representative of the respective parties.

Additional Terms and Conditions

The following are the Additional Terms and Conditions, referred to in the Caché+ Advertising Contract and which form part of that contract:

Rejection/failure to publish

9.       Caché+ reserves the right to reject any advertisement at any time after receipt of proof of text, copy and/or illustrations, even though a prior similar order may have been approved. Caché+ shall have the right to omit any advertisement when the space allotted to advertising has been filled. Unintentional or inadvertent failure to publish advertising invalidates the insertion order for that issue only. Failure of Caché+ to insert any advertisement shall be considered immaterial and shall not constitute a breach of this Agreement, nor shall Caché+ be liable for damages thereof. In such event, Cache+ shall have the option of printing such advertisement in a future issue under these Terms and Conditions or making no charge for such advertisement not inserted, in which case Caché+ will refund the advertising fee, if it has already been paid.

Failure to publish

10.    Caché+ shall not be liable for any damages for failure to fulfil an order for any reason whatsoever, including but not limited to labour disputes, strike, war, riot, insurrection, civil commotion, fire, flood, accident, storm, act of God, or any other circumstances. In such event, the Advertiser’s sole remedies shall be those in clause 9.

Page position and description

11.    Any specification or order for the use or non-use of any particular page or position where the advertisement is to be inserted shall be treated as a request only, and Caché+ shall not be obliged to comply with such a request. In the event such a request for position is granted, if it has not already done so, the Advertiser shall pay an additional position charge, as specified on the Caché+ rate card prevailing at the time.

12.    Caché+ reserves the right to require any advertising to be labelled "advertisement."

Taxes

13.    Any taxes which may be imposed on any advertising shall be advanced by Caché+ on behalf of the Advertiser, be billed to the Advertiser and become due and payable to Caché+ immediately; such amounts will be called via the domiciliación, credit card or other payment authority given in this contract, or otherwise be payable to Caché+ by cheque within 3 days.

Return of Materials

14.    Materials received by Caché+ will not be returned to the Advertiser unless specifically requested by the Advertiser. Caché+ reserves the right to destroy any materials or media submitted by the Advertiser if its return is not requested in writing by, or through receipt by Caché+ of email to info@cacheplus.net from, the Advertiser within six months of the date of this contract.

Debt Collection

15.    In the event Caché+ employs a debt collector or lawyer to collect sums due hereunder and/or to enforce compliance by the Advertiser with any of the terms of this contract, the Advertiser shall pay Caché+’s attorney’s and/or debt collector’s fees and other costs incurred by Caché+ in connection with any legal actions and appeals thereof.

Cancellation/Termination

16.    Insertion orders under this contract are binding after the Closing Date. If the Advertiser wishes to cancel, it must inform Caché+ in writing delivered to Manifesto on behalf of Caché+, or by email received by, info@cacheplus.net no later than the Closing Date. If the Advertiser cancels after the Closing Date, it will be billed for space ordered. No cancellations are accepted after the Closing Date without written agreement from Caché+.

17.    In the case where this contract covers a series of repeated advertisements over a period of more than 2 months, the Advertiser may cancel this contract by giving Caché+ not less than two months notice of cancellation in writing delivered to Manifesto on behalf of Caché+, or by email received by, info@cacheplus.net.

Indemnity

18.    The Advertiser indemnifies Caché+ and holds Caché harmless from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against Caché+ on grounds alleging that any advertisement submitted hereunder by or on behalf of The Advertiser violates any copyright or any proprietary right of any person, or that it contains any matter that is libellous or scandalous, or invades any person’s right to privacy or other personal rights. The Advertiser agrees at the Advertiser’s own expense, to promptly defend and continue the defence of any such claim, demand, action or proceeding that may be brought against Caché+, provided that Caché+ shall promptly notify the Advertiser with respect thereto. If lawsuits, claims or other proceedings are implemented against Cache + or the Publisher in connection with any advertising or copy placed in any issue of Caché+ for the Advertiser, the Advertiser shall deposit (within one month of the commencement of such proceedings) with Caché+’s lawyer (details of whom Caché+ will notify to the Advertiser) an amount equating to the funds required to cover all claims, penalties, costs and adviser’s fees as estimated by Caché+’s lawyer to be reasonable for the purpose, and from this deposit (and, if necessary from additional funds remitted on demand to Caché+’s lawyer) reimburse Caché+ in full, no later than immediately before payment by Caché+, for any amount paid by Caché+ in settlement of claims, penalties, damages or other payments required of Caché+ or in satisfaction of judgements obtained by reason of publication of such advertising copy, together with all expenses incurred in connection therewith, including but not limited to reasonable lawyer’s and other professional fees and court costs.

Failure to pay

19.    Regardless of the form of payment used by the Advertiser, Caché+ will suspend all advertisement privileges in the next issue following any issue for which payment has not been received in full by the Publisher by the Closing Date for the next issue. All expenses and legal fees incurred in collecting outstanding invoices will be paid by the Advertiser. Where not covered by other arrangements specified in this contract, any invoices submitted by Caché+ to the Advertiser will be payable strictly within 30 days of the invoice date.

20.    Caché+ may cancel this contract at any time following failure by the Advertiser to pay when due any amount payable under this agreement.

Sundries

21.    Should any part of this Agreement, for any reason, be declared invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall remain in force and effect as if this Agreement had been executed with the invalid portion thereof eliminated and it is hereby declared the intention of the parties hereto that they would have executed the remaining portion of this Agreement without including therein any such part, parts, or portion which may, for any reason, be hereafter declared invalid.

22.    References in this contract to ‘Caché+ shall also constitute references to the Publisher, as appropriate to the context.

23.    If, under strict interpretation of this contract, the Closing Date falls on a Saturday, Sunday or Public Holiday, the Closing Date will instead be the first working day thereafter that day. A ‘Public Holiday’ is defined as a national holiday day, not a local holiday day.

24.    This Agreement shall be construed under the laws of Spain. The Advertiser hereby agrees and submits itself to the exclusive personal and subject matter jurisdiction of the Spanish Courts for any and all claims arising from this contract and deems this contract executed in Spain. The Advertiser agrees that it will accept service of process by certified mail addressed to the undersigned at his/her place of business or by any matter permitted by Spanish law.

Statement of Policy

25.    Statement of policy regarding authors of articles and advertising featured in publications of the Publisher: the Publisher expects all featured as authors or advertisers in its publications to be in full compliance with the generally accepted best practice (including ethical guidelines) for the media industry. The Publisher reserves the right to refuse publication of questionable articles or advertisements in any of its publications. All authors and advertisers whose work, copy or advertisements are published in the Publisher’s publications are hereby put on notice of this policy and accept any invitations, agreements and contracts subject to it. As a consequence of this policy, all such persons or companies agree that their sole recourse against the Publisher for any exclusion pursuant to this policy shall be refund of monies paid for advertising or copy space.

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Cache + is published by Acacia Publishing Limited, Calamint House, PO Box 3339, Manchester M8 4XX     +44 161 702 3339  info@cacheplus.net