TERMS & CONDITIONS FOR INSERTION ORDER FOR ADVERTISING SERVICES

1.      THE AGREEMENT

1.1     In this Agreement JuzHom Marketing Pte Ltd will named as JHM or JuzHom Marketing Pte Ltd.

1.2     The date of this Agreement shall be the date as stated in the insertion for Advertising Space Order by the Advertiser or the date of receipt by JHM whichever is earlier.

1.3     By signing the agreement for the insertion for Advertising Space Order, the Advertiser agrees to be bound by and shall comply with this Agreement. Except for Copysheet, Showproof and otherwise stated herein. In the event of conflict between these terms and conditions and JHM various standard terms and conditions, the former shall prevail.

1.4     The Advertising period for the services shall be stated in the insertion for Advertising Space Order and their respective commencement dates as stipulated by JHM.

2.      COPYSHEET AND SHOWPROOF

2.1     The Advertiser shall submit Material and Write Up to JHM for designing the artwork for insertion for Advertising Space Order.

2.2     After receiving the Material and Write Up from the Advertiser, JHM will design the Artwork and sent back to the Advertiser for Approve. The Advertiser must check clearly on the Artwork before Approve, JHM will not bear on the error on the artwork after the Advertiser has duly approved on or before the artwork deadline or 10 days before the distribution start.

2.3     The Advertiser may request for Show proof which will only be given at JHM sole discretion. Show proof may be sent by email for approval.  Whilst JHM shall use its best endeavors to ensure that the colours in the Show proof conform with that later advertised. It is not responsible for any non-conformance thereof.  Neither will JHM be responsible for any inaccuracies or omissions which may be contained in the Show proof.

2.4     The Advertiser must ensure that its written Instructions and/or amendments on the Show proof are received by JHM at the correct email and within the stipulated time, failing which the Show proof last provided to JHM shall be deemed as correct and approved.

2.5     Show proof Charges : $300 each time payable to JuzHom Marketing Pte Ltd.

3.      SOLE DISCRETION OF JUZHOM MARKETING PTE LTD

3.1     JHM reserves the right to:-

3.2     Impose restrictions on the style, size of or Information and any other matters relating to advertisement or make any alteration it considers necessary or desirable in the Services to confirm with JHM prevailing practice and policies as may be amended from time to time, and specifications of the Info-Communications Development Authority of Singapore (“IDA”), any Statutory Board or Authority (collectively referred to as “Authorities”) or by any Law.

3.3     To omit, suspend or change the position and sequence, text either words, audio or visual or any format of the Services, even after acceptance for publication and even if it has been previously published, such amendment shall include amendment to Chinese characters.

3.4     Where there is any error, misprint, omission or print defect in the services. JHM may but will not be obliged to insert the corrected information in the next available print or make a reasonable refund or pro-rated adjustments to the Advertisement Charges. Unless otherwise agreed in writing, JHM is not obliged to comply with any conditions imposed by the Advertiser for any insertion. No reinsertion, refund or pro-rated adjustments will also be made if in JHM sole discretion, such defect does not materially detract from the Services.  No form of compensation shall also be made in respect of complimentary advertising services provided free of charge by JHM.

3.5     Reface to not involve in any error on misprints and all issue.

4.      ADVERTISING MATERIAL

4.1     All Advertising Materials supplied must comply with JHM prevailing practice and policies and the specifications of the Authorities and/or any Law, which are available upon request.

4.2     Whilst every reasonable care is taken, neither JHM nor its agents shall be responsible for loss or damage to the Advertising Materials.

4.3     Unless notified to the contrary in writing JHM is entitled to destroy the Advertising Materials after 1 month from the date of the latest publication.

4.4     When the Copy sheet and/or Advertising Materials are not submitted concurrently with the Insertion Order, the relevant amendments and/or updates as the case may be. JHM reserves the right to repeat the relevant advertising service with any necessary modifications or publish the advertisement with only the Advertiser’s contact details known to JHM as at the time of `Booking and the Advertiser would remain liable for full payment of the Advertisement charges.

5.      ADVERTISEMENT CHARGES AND PAYMENTS                                                              

5.1     The Advertiser may be required to furnish collateral or make full or part payment of the Advertisement Charges as a condition precedent to the provision of the Services by JHM under this Agreement.

5.2     Notwithstanding Clause 5.1 JHM shall invoice for the Advertisement Charges upon publication or commencement of the Advertising Services which is payable as aforesaid it shall deem fit.

5.3     The full rate for the duration stated in the insertion Order will charged, regardless of whether the Advertiser uses up his entitlement for the Services and also where the advertisement is unpublished due to Advertiser’s failure to submit the Copy sheet and/or Advertising Materials which are to be submitted before the Copy Deadline or any relevant Deadline.

5.4     Additional charges at JHM prevailing rate will be imposed for any additional services in excess of the Advertiser’s entitlement and the same is payable at the time of usage. Such additional services include but are not limited to annual renewal of the Services.

5.5     Interest at a rate of 8% p.a. is payable on outstanding payment from the invoice date or the last payment date, whichever is later.

5.6     If the services include provision of Chinese characters of translation is required, JHM may assist at the Advertiser’s cost and expense.  The Chinese characters constructed shall conform with JHM system and become JHM property.

6.      CANCELLATION POLICY AND CHARGES

6.1     The Advertiser may with written consent of JHM to amend/withdraw/cancel the insertion Order on written notice to JHM which must be received by JHM within 7 days from the Booking Date or the date of receipt by JHM whichever is earlier.  Thereafter no amendments to JHM withdrawal/cancellation will be entertain for cancellation for Print Advertisements which is allowed upon payment of the cancellation charges or charges for any work done in respect thereof and as set out in the table below:-

6.2     This cancellation policy is applicable only when an advertiser purchases 2 issues or more.  Any granted discount will only come into effect at billing of the last issue.

6.3     Upon approval of Artwork by customer, no cancellation amendment is allowed.

6.4     In the event that the insertion Order is amended/withdrawn/cancelled with written consent of JHM in addition to the charges stated in Clause 6.1, 6.2 and 6.3 the Advertiser will also be charged for the photography services rendered at $300 per photo-shoot session. The advertiser will also be charged $300 for additional photo-shoot session. In the event of cancellation or postponement of photo-shoot appointment without prior notice by Advertiser, there will be a $50 charge.

7.      PAYMENT MODES

7.1     All payment to be pay by Cheque / Direct Internet fund transfer.

7.2     Cheque Payment – Cheque should be crossed and made payable to “JuzHom Marketing Pte Ltd“.

7.3     Direct Internet fund transfer – Fund transfer to “JuzHom Marketing Pte Ltd” OCBC company account written in the Invoice.

7.4     All payment are not refundable unless stated by JHM.

8.      LATE PAYMENT CHARGES

8.1     If payment is not made in full by the Due Date to  JHM, finance charges of 2% monthly will be calculated on a daily basis on the outstandingly balance/transactions from the Payment Invoice date or the last payment date, whichever is later.

8.2     To pay JuzHom Marketing Pte Ltd 30% to 40% of interest incurred for all the sums recovered eg. (Lawyer, Debt Collection Agencies, Small Claims Courts, Letter of Demand, etc.) by our Debts Management and Legal Consultants.

9.      INTELLECTUAL PROPERTY

9.1     All trademarks, copyright designs, patents, know-how, industrial property and other construct to the losses comprised in the services all materials provided by JHM including photographs and Show proof given in any form (“JHM Intellectual Property”) are the exclusive property of JHM. No reproduction or use of any part of above mentioned intellectual property information or information that will construct to the losses of either JHM or advertiser will be allowed without JHM written approval.

9.2     The Advertiser shall fully indemnity JHM in respect of all losses, damages, costs and expenses which may be suffered by JHM from the unauthorized use of JHM Intellectual Property through breach by the Advertiser of this Agreement or its negligence or otherwise.

10.     NON-PUBLICATION AND PAYMENTS

10.1    JHM reserves the right not to publish any item submitted without explanation notwithstanding acceptance of full or part payment of the Advertisement charges.

10.2    JHM may refuse or require amendment of advertisement that are to be published for any reasons including t avoid infringing a third party’s rights and any prevailing Laws.

10.3    JHM may at its sole discretion at any time before the Publication Date:- Reject or decline to publish the advertisement without any explanation and shall refund any payment that may have been made even if a similar advertisement had been published previously, and/or

10.4    Require the Advertiser to amend or edit the advertisement submitted to JHM as set out in the Copy sheet according to the requirements of JHM and/or

10.5    By written notice state that it will not publish the advertisement on the scheduled Publication Date but on an alternative Publication Date provided that if the Advertiser disagrees, any payment it may have made will be refunded; and/or

10.6    Delete or otherwise remove any advertisement without explanation and refund any payment made by the Advertiser without any liability. The Advertiser shall have no claim against JHM.

10.7    JHM may at its sole discretion, discharge and satisfy any claim and settle or defend any action or threatened action without reference to the Advertiser.

10.8    JHM is not liable for any unsatisfactory publication of advertisements, if the Advertising Materials submitted no not comply with its requirements.

10.9    JHM shall not be responsible for any mispronunciation of the Advertiser’s name or any product or service name or otherwise in the Services.

10.10  The Advertising Materials and/or other property submitted are held by JHM at the Advertiser’s risk and any relevant insurance with respect to the such priority shall be arranged and paid by the Advertiser. No such claims will be entertained 1 month after submission.

10.11  Any complaint on advertisements, together with all relevant details shall be lodged within 3 months after Publication Date after which none will be entertained.

10.12  Except where the Advertiser has been delinquent in its payments, where the advertising item has been in part published/processed or some items have been published for the balance of the advertising period, JHM shall not be liable to refund more than the Advertisement Charges. If payment is tendered with the Insertion Order and any or some of the items is unpublished, a refund will be made to the extent of the items unpublished.

10.13  If default in payment occurs, JHM may refuse to insert or publish the advertising items without notice to the Advertiser.

10.14  If the Advertiser is permitted to pay by installments, failure to effect any installment shall forthwith entitle JHM to demand and collect the entire balance in one lump sum.

10.15  If any incentive has been given to the Advertiser by way of free or bonus advertisements or rebates (if applicable) (“the incentives”), the time of placement of these Incentives shall be a JHM sole discretion. If however default in payment occurs, or if there is breach of this Agreement by the Advertiser or the criteria set by JHM for the Incentives is not met, JHM may without prior notice forthwith withdraw the Incentives. Withdrawal of the Incentives shall however not affect the validity of the Agreement which shall remain in full force and effect until terminated pursuant to the terms and conditions herein.

10.16  JHM reserves the right to modify, add on, suspend or terminate the Incentives without prior notice but notice shall be deemed given to the Advertiser with posting notice by ordinary mail to the last known address of the Advertiser in JHM records and the advertiser shall be bound by the same from the date as determined by JHM or if no date is specified from the date of such posting.

11.     ADVERTISER’S WARRANTIES

11.1    The Advertiser warrants that:-

11.2    It has the right or obtained all necessary licenses, copyrights, approvals and permissions from all relevant authorities (“Authorities”) and parties to use all materials photographs, names or representations pertaining to all advertisements to be published through the Services and if any demand claim or criminal charge arising therefore is made against JHM, it will indemnify JHM from any such costs damages, fines, penalties or charges.

11.3    It is authorized entitled to advertise and permit JHM to reproduce and otherwise use the business/service/product described in all documents submitted in relation to the services.

11.4    All statements, representations (including but not limited to pictorial representations) and references found in the advertisement are accurate and true and not defamatory of any person.

11.5    The information provided shall be legal, decent, honest and comply with the requirements of prevailing Singapore law and abide by the code of practice and advertising policies/conditions issued by JHM and the Authorities from time to time.

11.6    Nothings shall be included in the publication which shall constitute a breach or infringement of any copyright, trademark, trade name, deign, patent, know-how, any industrial property right or intellectual property right owned by any third party or be in any way illegal.  Scandalous or libelous and it will indemnify JHM against any liability in respect thereof and shall pay all costs and expenses which may be incurred thereto.

11.7    It is solely responsible for and liable in respect of the content, accuracy and completeness of the Services. JHM shall not bear any responsibility nor liability for any damages or losses whatsoever suffered or incurred by any party through the use of the information provided by the Services.

11.8    The individual who signs on his behalf is duly authorized to enter into this Agreement.

12.     LIMITATION OF LIABILITY AND INDEMNITY

12.1    Except as expressly stated herein, (a) JHM grants no other warranties relating to provision of the Services and all other conditions, warranties, stipulations or other statements whatsoever, whether express or implied by statute at common law or otherwise howsoever, relating to the Services, are hereby excluded, in particular (but without limitation to the foregoing) JHM grants no warranties regarding the fitness for purpose, performance, use, quality or merchant ability of goods that may be provided hereunder (if applicable), whether express or implied, by statute at common law or otherwise howsoever and (b) no claim shall be made against JHM in respect of any rejection, delay inaccuracy arising from amendment of the advertisement or the Services or rescheduling of the Publication Date and JHM shall not be subjected to any liability for any costs, expenses or claims, damages or losses to Advertiser or to any third party resulting from any reason or cause howsoever and whatever arising under this Agreement (except in the case of personal injury and death resulting from negligence) including but not limited to omission to publish the advertisement on the Publication Date due to the unavailability of space or otherwise, non-transmission (due to the failure or breakdown of JHM system or otherwise) nor non-receipt of any message through the Services whether the same, shall arise from accident, omission, negligence or any other act of JHM, their employees or agents.

12.2    Subject to Clause 3.3 the total liability of JHM for any error, misprint or omission shall not exceed the amount of a full refund of any price paid to it for the particular advertisement in connection with which liability arose.

12.3    The Advertiser hereby irrevocably and unconditionally undertakes to keep JHM fully indemnified against all and any losses, damage, (consequential, direct or indirect), liabilities, fines, penalties, cost and expenses which may be sustained or incurred or suffer by JHM howsoever arising, whether by itself or with the intervention of other causes, from the publishing of the Services or enforcing JHM rights under this Agreement.

13.     GOODS AND SERVICES TAX

13.1    All prices quoted shall be exclusive of Goods and Services Tax (“GST“) and the Advertiser shall be liable for any GST at the prevailing rates prescribed by the laws of Singapore.

14.     ASSIGNMENT

14.1    JHM shall be entitled without prior written consent of the Advertiser to assign, transfer, dispose, sub-contract or in any manner make over the benefit and/or burden for this agreement to an Affiliate or to any company which it may merge with or to any company undertake and agrees in writing to assume, observe and perform the rights and powers and/or duties and obligations of JHM under this Agreement being assigned transferred or otherwise made over.

14.2    This Agreement shall be binding upon the successors and assigns of parties and the name of a party appearing herein shall be deemed to include names of its successors and assigns provided always that nothing shall permit any assignment by either party except as expressly provided.

15.     MISCELLANEOUS

15.1    Clause 9 and 10 shall survive termination of the Agreement.

15.2    JHM shall not be liable to the Advertiser for anything which may constitute a breach of this Agreement due to  circumstances beyond its reasonable control including but not limited to acts of God, infectious diseases, epidemic, war (declared or undeclared), acts of terrorism, acts of governments, hostilities between nations, strikes, boycotts, lockouts, industrial and labour dispute.

15.3    No failure or delay on JHM part to exercise any right of remedy under this Agreement will operate as a waiver of such right of remedy.  Nor will any single partial exercise of any right and remedy preclude any other or further exercise of such right or remedy or the exercise of any other right or remedy.  Any waiver by JHM of its right or remedy of any breach by the Advertiser shall be in writing and may be given subject to such terms and conditions as it deems fit and is effective only for the specific purpose for which it is given.

15.4    Any Notice given by JHM shall be in writing and may be delivered personally or by ordinary mail or by registered post or by facsimile or by electronic mail to the Advertiser.  Notice will be deemed given 2 days after posting the same by way of ordinary mail to the address of the Advertiser stated in the Insertion Order of that last notified in writing by the Advertiser or upon written acknowledgement of receipt by an officer or other duly authorized employee, agent or representative of the Advertiser after posting the same by registered post to the Advertiser’s address as aforesaid, in the case of facsimile, deemed given upon the date of transmission and to the facsimile number last notified by the Advertiser and in the case of electronic mail, deemed given after the mail leaves the information system of  JHM and recorded in the information system of JHM.

15.5    This Agreement is an entire agreement and supersedes any conditions, warranties, representations express or implied not contained herein.  If any clause herein shall be found by any Court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and affect the parties agree to attempt to substitute any invalid and unenforceable provision with a provision that achieve to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable clause.

15.6    JHM reserves the right and without notice to impose such further terms and conditions and changes to this Agreement as it may in its discretion deem fit. The Advertiser’s continued use of the Services shall be deemed give to the Advertiser with posting notice by ordinary mail, registered post, facsimile and electronic mail in the manner set out in Clause 15.4 and the Advertiser shall be Bound by any amendments or changes to this Agreement from the date as determined by JHM or if no date is specified from the date of such posting, date of such transmission by facsimile and date of such sending of electronic mail. The terms and conditions herein are applicable so long as the Services are utilized not withstanding that no Advertisement Charges are payable for the same.

15.7    The Agreement is governed by the laws of Singapore & the parties agree to submit to the non-exclusive jurisdiction of the Singapore courts.  Without prejudice to JHM right to serve process in any other manner permitted by law, JHM may affect service on the Advertiser of any writ, summons or other process or documents by leaving it at or sending it by ordinary post to the Advertiser’s last known address (whether to a post office box or to a place of residence or business or otherwise).  Such process shall be deemed validly served on the Advertiser immediately, if so left, or on the day immediately following the date of dispatch, if sent by post (and the Advertiser agrees that the Advertiser shall be deemed to have adequate and sufficient notice of such process).

15.8    A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Charter 53B) to enforce any of its terms which.