The terms and conditions set forth in this Contract shall govern the relationship between Anglo Media Ltd. and the advertiser and agency (agency when applies). Unless expressly agreed to in writing by Anglo Media Ltd., no other terms or conditions appearing in contracts, orders, insertion instructions or otherwise will be binding on Anglo Media Ltd. Except as otherwise noted, these terms and conditions will apply to advertising appearing in Anglo Media products or in products represented by Anglo Media Ltd.
All advertisements are accepted by Anglo Media Ltd. entirely on the representation that the agency or advertiser is duly authorized to publish the entire contents and subject matter and shall be jointly and severally responsible for payment thereof. In consideration of the publication of advertisements, the advertiser and agency, jointly and severally, will indemnify and save harmless Anglo Media Ltd., its affiliates, directors, officers, agents and employees, from any loss, liability, or expense (including reasonable attorneys’ fees) incurred as a result of any claim, proceeding or suit for libel, violation of the right of privacy or publicity, plagiarism, copyright or trademark infringement and any other claim, proceeding or suit based on the contents or subject matter of such advertisements.
Anglo Media Ltd. reserves the right to reject or cancel any advertising for any reason at any time. Any such rejection or cancelation shall not by any reason whatsoever exonerate the advertiser from its financial obligation towards the rejected advert and the advertiser and/or agency shall be liable for the space reserved for such advertisement and shall pay the amount that the advertiser and/or agency otherwise would have paid had the advertisement appeared. Furthermore, Anglo Media Ltd. reserves the right to modify any ad copy at its own discretion and/or to demand from the advertisers to make any changes to satisfy Anglo Media Ltd.’s policies. Acceptance of an advertisement for publication does not guarantee that it will be published in any particular media, issue or territory. Anglo Media Ltd. is under no obligation to publish any advertising in its website or websites unless specifically agreed in writing. Anglo Media Ltd. does not guarantee the circulation or the website traffic of any media pertinent to this contract. Anglo Media Ltd. and any other media pertinent to this contract reserve the right to distribute their products by any distribution means, at their own discretion.
In consideration of Anglo Media Ltd. reviewing for acceptance, or acceptance, of any advertising for publication, the agency and/or advertiser agree not to make any reference to Anglo Media in any way without the prior written consent of Anglo Media in each instance.
The liability of Anglo Media (including Anglo Media Ltd.’s, executives, employees, parent company, directors, owners, shareholders or editor) for any act, error, or omission for which it may be held legally responsible shall not exceed the cost of the space ordered or occupied by the error. Anglo Media will not, in any event, be liable for any consequential or special damages, including, but not limited to lost income or profits. Anglo Media specifically assumes no responsibility for errors in key numbers or any other errors. Anglo Media shall not be subject to any liability whatsoever for any failure to print, publish or circulate any issue or issues, or parts thereof, or to otherwise fulfill an order, occasioned by any reason within or beyond Anglo Media’s control, whether related to its own products or any media it represents. Failure of Anglo Media, or any other media it represents, to print, publish, circulate, make available or fulfill advertising shall not operate as a breach of the advertising contract.
Anglo Media shall, at its own discretion, instruct the advertiser to deal directly with the media it represents, for the production of its ad and all other related publishing matters except payment. Advertiser understands and agrees that any claim pertinent to his advertisement shall be directed to the media entrusted for the publishing of its ad.
Anglo Media is not responsible for the errors or omissions in, or the production quality of, furnished inserts. A production proof (or facsimile, if one is not available) of any furnished insert must be supplied to Anglo Media prior to printing of the insert. The advertiser and/or agency shall be responsible for any additional charges, including but not limited to charges associated with delays, incurred by Anglo Media arising out of the advertiser’s and/or agency’s delivery of defective inserts and failure to deliver furnished inserts pursuant to Anglo Media’s specifications, including print orders.
It is the sole responsibility of the advertiser to request copy changes to his ad. If written copy instructions are not received by the first day of the calendar month prior to an upcoming issue, no guarantee can be given that proofs will be supplied or copy changes made and Anglo Media Ltd. reserves the right to repeat the prior month’s or the most appropriate copy according to the Anglo Media Ltd.’s own discretion. In the event that Anglo Media Ltd. is unable to publish the furnished inserts as a result of such failure to comply, the advertiser and/or agency shall remain liable for the space cost of such inserts. In addition, if an advertisement does not appear as a result of the act or default of the advertiser and/or agency, the advertiser and/or agency shall be liable for the space reserved for such advertisement and shall pay the amount that the advertiser and/or agency otherwise would have paid had the advertisement appeared.
All restrictions on the placement of advertising, including but not limited to, positioning, separations, facings, editorial adjacencies or other stipulations, are at the sole discretion of Anglo Media Ltd. or the media it represents. All advertising position clauses will be treated as requests, and fixed positioning is not guaranteed. Anglo Media makes no guarantee that advertisements will not face subscription cards or be backed by coupons. Anglo Media’s inability or failure to comply with any positioning request shall not relieve the advertiser and the agency of the obligation to fully pay for the advertising.
Anglo Media reserves the right to change its own advertising rates and policies and those of the media it represents at any time without prior notice. Payments for advertising are due from the date of this contract. Digital advertising files and proofs are retained for 3 months or less. Anglo Media Ltd. shall be entitled to reproduce, republish and distribute any advertisement in any medium (print, electronic or otherwise), and as part of any service, in which its products or the media it represents’ products are published or made available under license from Anglo Media.
All advertising copy that represents the creative effort of Anglo Media and/or the utilization of creativity, illustrations, labor, composition or material furnished by it, is and remains the property of Anglo Media, including all rights of copyright therein. Advertiser understands and agrees that it cannot authorize photographic or other reproduction, in whole or in part, of any such advertising copy for use in any other medium without Anglo Media Ltd.’s prior written consent.
Advertiser agrees to treat as confidential information of Anglo Media the terms and conditions of this Contract. Advertiser will not provide such information to any person or entity (whether or not affiliated with advertiser) without prior written consent of Anglo Media Ltd.
If advertiser shall fail to pay any bill within 30 days from the date of this contract, Anglo Media Ltd. may terminate this contract without notice and advertiser shall upon demand pay Anglo Media Ltd. for all advertising space contracted by advertiser. It is further understood and agreed that in the event it becomes necessary to engage the services of any collection agency or attorney to collect payment for advertising space and related charges and services, the advertiser agrees to pay reasonable attorney fees and all collection costs in both pre-judgment and post-judgment collection actions. Client fully understands and agrees that this contract cannot be canceled or terminated by the client at any time or for any reason and that payments are not refundable.
The clauses stipulated in this Advertising Contract shall remain in effect for all future advertising orders placed by phone, email or verbally, in the event that new contracts were not executed. This Contract shall automatically renew for consecutive subsequent periods equal in length to the initial term, unless the advertiser gives a written notice of non-renewal at least one month before the end of the Initial Term.
By placing advertising with Anglo Media, advertiser and agency agree to be bound by the terms of this Contract. This contract shall be governed by and construed in accordance with the substantive laws of the state of Israel. Any civil action or proceeding arising out of or related to this contract shall be brought in the courts of record of the state of Israel. Advertiser and agency each consent to the jurisdiction of such courts and waive any objection to the laying of venue of any such civil action or proceeding in such courts.