1. All advertisements are placed and all orders are accepted subject to the terms and conditions as hereinafter set out provided that 339 HR.('339 HR') expressly reserves its right to amend, vary, replace or cancel any of such terms and conditions without prior notice to the advertiser and the advertiser is deemed to have express knowledge of and be bound by such terms and conditions. No terms sought to be applied by the advertiser to any order for advertising shall be binding upon 339 HR. Advertising orders for space will not be considered as contracts.
2. 339 HR reserves the right to reject, decline or refuse to publish in whole or in part or to amend any advertisement with or without notice to the advertiser where in its sole opinion it considers necessary or desirable, and 339 HR shall not in any way be liable for any loss or damage arising as a result of such non-publication or amendment as foresaid (nor shall any refund of or deduction from the costs of the advertisement or any other compensation be granted by 339 HR to the advertiser in the event of such non-publication or amendment.) 339 HR accepts no liability whatsoever for any omission or inaccuracy or failure of color printing in any published advertisement whether or not a proof has been supplied and whether or not such omission or inaccuracy or failure is attributable to the neglect or default of 339 HR, its employees, agents and contractors. Where the advertiser requires that its name and address or other information shall not be disclosed and 339 HR shall have been so notified by the advertiser on placement of its order 339 HR shall use reasonable endeavors to ensure the same but shall not be liable for any disclosure unless such disclosure is made with the express knowledge or authority of 339 HR.
3. Advertisements require specific placement or extra processing shall be subject to extra charges. 339 HR shall have the absolute right at any time to determine, adjust or vary the classification and rate of charges applicable to all advertisements placed. Published rates and charges are those set out on any order form or acknowledgement may be varied by 339 HR at any time without notice prior to invoicing. Quotations given by 339 HR shall not in any way be binding on 339 HR.
4. Acceptance of an advertisement for publication does not constitute a binding commitment or any representation or warranty on 339 HR's part to publish the same either at all or on any specified date or dates. 339 HR shall not be liable for any loss, costs or expenses incurred by non-publication (including non-publication attributable to strikes, lock-outs, mechanical or production difficulties or any other cause beyond the control of 339 HR) or by publication of an advertisement cancelled in accordance with provisions of clause 7 hereof or publication on a date or in a position or manner materially different from that specified by the advertiser on placement of its order. 339 HR liability shall in case of non-publication be limited to refund of the charge of the advertisement already paid and in all other cases as aforesaid 339 HR shall have the option either to grant a refund of such proportion of the paid charge as shall in 339 HR's sole opinion be reasonable or in lieu of such refund and at 339 HRs absolute discretion to publish the advertisement as soon as reasonably practicable. In the case of color advertisements, publication shall be deemed correct unless more than 10% of copies circulated have incorrect color(s). The advertiser shall be obliged to furnish 339 HR with reasonable evidence of this within 48 hours of publication.
5. 339 HR shall use reasonable endeavors to accept orders if they are received at the location and by the time specified by 339 HR from time to time for that type of advertisement. All advertisement copy and artwork must be received by the latest receipt time specified by 339 HR which may be varied by 339 HR without notice and 339 HR shall have the right to refuse to accept any orders or to decline or refuse to publish any orders if the advertisement copy and artwork of such orders shall not have been received by 339 HR the latest receipt time as aforesaid nor shall 339 HR be liable for any loss or damage arising as a result of non-publication hereunder.
6. Advertisements of certain sizes and shapes only are normally accepted but advertisements of other sizes and shapes may be accepted subject to special terms.
7. Cancellations will be accepted if notice in writing by the advertiser is received and acknowledged by 339 HR at its head office situated at Unit 2-3, 19/F., Kowloon Plaza, 485 Castle Peak Road, Lai Chi Kok, Kowloon ('Head Office') before the time specified by 339 HR from time to time as the order deadline in accordance with the provisions of Clause 5 hereof.
8. Artwork of advertising material must be fully pasted up and presented to 339 HR as positive and not negative film. Large areas of solid black may be stripped or lined at 339 HR's absolute discretion.
9. Late delivery of copy/artwork or non-compliance with cancellation procedures specified as aforesaid will result in forfeiture of the space booked and, in addition, 339 HR shall have the express right to recover from the advertiser the full cost of the advertisement or other placed.
10. It is responsibility of the advertiser to check the correctness of an advertisement before it is repeated. Errors in the advertisement must be brought to 339 HR's notice in writing on the day of publication and in any event no later than 2 working days before the next publication date. Otherwise, complaints will not be entertained.
11. The advertiser and /or its advertising agent(s) shall indemnify and keep indemnified 339 HR 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 or may be made or threatened against 339 HR, 339 HR 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.
12. The submission of an advertisement constitutes a warranty by any member of the staff of the advertiser to 339 HR 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 Hong Kong or any restrictions or prohibitions imposed by the relevant Government authorities or otherwise and the advertiser shall indemnify 339 HR in respect of any breach of this clause in accordance with the provisions of clause 11 hereof.
13. 339 HR shall not be liable for any loss or damage arising as a result of delaying in distribution or non-distribution due to strikes, lock-outs, typhoon, black/red rain, mechanical or technical difficulties or any other cause beyond the control of 339 HR. 339 HR shall has its sole discretion to alter the distribution of magazines from time to time including but not limited to its distribution methods, locations, dates and time as it may think fit and practicable without notice.
14. All cheques, money-order, etc. should be made payable to '339 HR'. Rates are expressed in Hong Kong dollars but 339 HR shall have absolute discretion to accept payment in other currencies the rate of conversion to Hong Kong dollars for payment shall be determined by 339 HR from time to time.
15. The advertiser will be invoiced upon publication unless the advertising charges are prepaid. Terms of payment are net 7 days from the date of invoice or otherwise agreed by 339 HR. 339 HR shall have the right to charge interest on any outstanding payment after the due date (without any further notice) at the rate of two percent (2%) per month from date of invoice on outstanding balance to date receipt of payment by 339 HR and in addition, 339 HR shall also be entitled to recover from the advertiser any costs and expenses (including all legal fees) incurred by 339 HR in recovering any outstanding payment and interest thereon.
16. A volume discount will be allowed to those advertisers signing annual volume contracts on such terms and conditions as may be agreed by 339 HR and the relevant advertisers. 339 HR reserve the final right to change the terms and conditions of this offer.
17. The advertiser is liable at all time for payment of all advertising charges. Where a recognized advertising agent substitutes its order for that of the original advertising or requires invoices addressed to the advertising agent. 339 HR shall hold the agent and the original advertiser jointly and severally liable hereunder.
18. Any claims pursuant to these terms must be made by the advertiser in writing within 48 hours after publication on date of agreed publication to the Sales Manager at the Head Office of 339 HR, Unit 2-3, 19/F., Kowloon Plaza, 485 Castle Peak Road, Lai Chi Kok, Kowloon and unless notice of such claims shall have been received by 339 HR within the time limit as aforesaid, all claims by the advertiser pursuant to the terms and conditions hereof shall be deemed to have been waived by the advertiser.