Terms and Conditions
The name of the Company is ‘Samast Enterprises (OPC) Pvt. Ltd.’
The company is registered in India with CIN U52601TG2016OPC109406. The registered office of the company is located at Hyderabad, Telangana; bearing the address 401 Sarathi Studios, Mythrivanam, Hyderabad, Telangana. Pincode : 500081
1.Interpretation Clause: The following words and expressions shall have the following meanings unless the context otherwise requires:
“Kithabwala” means the registered name of the company’s notebook product.
“Advertisement” means any page or part thereof containing graphics or text put forward by the Advertiser to be printed or substituted on a page or separately inserted into the company’s notebook;
“Advertiser” means an advertising agency where an advertising agency is used or any person, partnership or company and/or its agent placing bookings for the insertion of an Advertisement;
“Advertising Booking Form” means confirmation by the Company in writing (by post or by fax) that the booking has been accepted;
“Advertising Copy” means advertising text, content or graphics intended for reproduction by the Company as an Advertisement;
“Advertising Rate” means the rates set out from time to time in the Media Pack;
“Advertising Slot” means advertising space available in the company’s Notebook booked by the Advertiser pursuant to these terms; they are classified as Outside back cover, Inside back cover, back end paper, online coupons, Perforated coupons.
“Advertisement Packages” means the specifications for Advertisements set out in our printing Packages; they range from 20 Thousands to over and above 100,000 copies.
“Agency Commission” means commission payable at 10% of the Advertising Rate;
“Contract” means any agreement for the sale and purchase of Advertising Space which is entered into between the Company and the Advertiser;
“Frequency Discount” means the discount set out in the printing Package;
“Notice of Cancellation” means the notice from the Advertiser either in writing to email@example.com or cancellation via telephone on +919000909109 informing the Company that the Advertiser wishes to cancel the Contract;
“Production Deadline” means the dates specified in the Media Pack for editorial material, advert booking and advert artwork;
“Site” means the official website of the company i.e., www.kithabwala.xyz;
“Magic Slate” is the fun addition to the Company’s notebook product available for use by the end customer:
“Bookmark” means the ingenious placement of a physical bookmark for the first time in a regular use note book.
“In-house comics” and “Sweet deals” are an addition to company’s product with a view to entertain end customer and be of some value at the same time.
1.2 In these Terms
1.2.1 Words in the singular include the plural meaning and words in the plural include the singular meaning; use of any gender includes the other genders;
1.2.2 Headings are for reference only and do not affect the meaning or interpretation of these Terms;
1.2.3 references to any Act, regulation, code of practice or statutory order shall be interpreted so as to include any change, re-enactment or extension of the Act, regulation, code of practice or statutory order; and
1.2.4 Any reference to “persons” includes natural persons, firms, partnerships, companies, corporations, associations, organizations, governments, states, foundations and trusts (in each case whether or not having separate legal personality).
2. Basis of Contract
2.1 These Terms shall apply to the sale by the Company of all Advertising Space purchased by the Advertiser via the telephone, post, or fax and these Terms shall govern each Contract to the exclusion of any other terms and conditions introduced or submitted by the Advertiser.
2.2 When an Advertiser places a booking for Advertising Space in the Company’s Magazine over the telephone or sending a booking form by post or by fax this will constitute an offer.
3. Acceptance of Advertisement
3.1 Advertisements are accepted subject to the following conditions:
3.1.1 The Advertising Copy must be received by the Company no later than 1 week prior to the relevant Production Deadline and the Advertiser shall supply the Advertising Copy in such forms as the Company shall specify in the Advertisement Specifications.
3.1.2 Approval of Advertising Copy shall not in any way prejudice the Company’s right to reject the Advertising Copy; and
3.1.3 Advertising Space being available.
3.2 The Company has at its absolute discretion the right to omit, suspend or change the slot of any Advertisement accepted including but not limited to the following reasons:
3.2.1 To comply with legal or moral obligations placed on the Company or any Advertiser; and
3.3 If the Company decides that the Advertisement Copy is unsuitable in accordance with clause 3.2, the Company will notify the Advertiser in writing who must supply an alternative copy within 2 Working Days of receiving the notification unless otherwise agreed by the Company in writing. If the alternative copy is not accepted, the Company shall be entitled at its discretion to repeat a previous accepted Advertisement Copy or to publish other suitable material and shall be paid by the Advertiser in full for the Advertising Space booked.
3.5 The Company may make any additions to, changes in or deletions from any Advertisement Copy required by any competent authority, provided that the Company shall inform the Advertiser prior to making any addition, change or deletion, where reasonably practicable.
3.6 In the event that the Advertising Copy does not comply with the Advertisement Specification the Company shall be permitted to either reject or change the Advertising Copy to comply with the Advertising Specification. Such changes may include (but are not limited to) reformatting, cropping, resizing and editing.
3.7 Text Ads – Advertising materials which are not as such immediately recognizable due to their design will be clearly identified by the publisher. Text segment advertisements are advertisements bordered on at least three sides by text and not on other advertisements.
3.8 Price of the advertisement is calculated according to the space occupied by the ad and the location in the notebook.
4. Advertisement Content and Advertisement Warranties
4.1 The Advertiser warrants that:
4.1.1 It has the full power and authority to enter into and perform these terms;
4.1.2 it complies with all applicable laws, rules and regulations and any industry codes or rules (by which the Advertiser or the Company may be bound) that are in force at the time the Advertisement is to be inserted;
4.1.3 the Advertisement does not contain any material that shall breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or render the Company liable to any claims or proceedings whatsoever;
4.1.4 in respect of any Advertisement submitted which contains the name or pictorial representation (photographic or otherwise) of any living person and / or any part of any living person and / or copy by which any living person is or can be identified, the Advertiser has obtained valid authority of such living person to make use of such name, representation and / or copy;
4.1.5 The Advertisement submitted must not be obscene or libelous;
4.1.6 The Advertisement and any information submitted must be legal, decent, honest and truthful and comply with Code of Advertising Practice and all other relevant codes under the general supervision of the Advertising Standards Authority;
4.2 The Advertiser agrees to indemnify the Company and keep it indemnified against all claims, costs, proceedings, demands, losses, damages or expenses whatsoever arising directly or indirectly as a result of any breach or non-performance of any of the representations, warranties or other terms herein contained or implied by law.
4.3 Publisher is not obliged to check the advertising material made available, for accuracy, up to datedness, completeness, integrity, quality and/or correctness for this, doesn’t assume any guarantee or liability, expressed or implied. This won’t be applicable for the coupons published on the company’s notebooks for which the company verifies the timeline.
5.1 The Company will invoice the Advertiser for the agreed Advertising Rate following the Company’s Advertising Booking Form. Invoices will be due and payable within 15 days of the date of the invoice.
5.2 Subject to clause 5.3, the Advertising Rate to be paid by the Advertiser is the rate displayed in the Company’s Media Pack at the time when the booking is received by the Company subject to any discounts agreed in writing by the Company. The Company reserves the right to change the Advertising Rate at any time without notice.
5.3 In the event that the Company discovers an error in the price of the Advertising Space booked by the Advertiser, the Company shall notify the Advertiser as soon as possible providing the Advertiser the option of either reconfirming the booking at the correct price or cancelling the booking. If the Company is unable to contact the Advertiser for the reasons mentioned under this clause, the booking shall be deemed cancelled and where the Advertiser has already made payment for the Advertising Space, they shall be refunded in full.
5.4 In the event that payment is not made by the due date in accordance with clause 5.1 (in respect of which time shall be of the essence) the Company reserves the right to charge interest on the amount outstanding at a rate of 2% above the base rate accruing daily.
6. Contract Cancellation
6.1 The Advertiser shall have a period of 20 Working Days from the date of the Company’s acceptance of a booking in which it may issue a Notice of Cancellation. Cancellations are subject to a 30 % cancellation fee.
6.2 No cancellation will be accepted following the period of 20 Working Days from the date of the Company’s acceptance of a booking in accordance with filling of advertisement filling form The Company reserves the right to repeat previous accepted Advertising Copy if an Advertising Copy is not received by the advert artwork Production Deadline and shall be paid by the Advertiser in full for the Advertising Space booked.
6.3 Any Frequency Discount granted by the Company to the Advertiser for multiple Advertisement insertions will apply only in the event that all the Advertisements contemplated are placed. In the event that the Advertiser cancels or does not include any multiple Advertisements, the Advertiser will lose the right to the Frequency Discount and will be charged at the Short Rate.
7. Indemnity and Liability
7.3.1 Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
7.3.2 Loss of goodwill or reputation; or
7.3.3 Special or indirect losses Suffered or incurred by that party arising out of or in connection with the provision of any matter under these Terms.
7.4 The Advertiser shall indemnify the Company against any claim, cost, loss, damage and/or expense that the Company may incur as a direct or indirect consequence of the Company publishing the Advertisement in accordance with the instructions of the Advertiser.
The Advertiser hereby grants to the Company a worldwide license to reproduce, display and copy the Advertisement in the Magazine.
9. Agency Commission
9.1 Agency Commission shall be payable to those Advertisers with whom the Company has entered into an arrangement for the referral of advertising business provided that the Advertiser can demonstrate that clause 9.2 has been satisfied.
9.2 In order to claim Agency Commission the Advertisements must comply with clauses 3 and 4 and the Advertising Rates paid in accordance with clause 5.1.
10. Miscellaneous Provisions
10.1 This Contract shall be governed by the laws of Hyderabad and any dispute will be resolved exclusively in the courts of Hyderabad.
10.2 The Company shall be under no liability for any delay or failure to deliver Advertising Space or otherwise perform any obligation as specified in these Terms if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
10.3 If any portion of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms shall not be affected.
10.5 No delay or failure by the Company to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of the Company.
10.6 These Terms including the documents or other sources referred to in these terms and conditions supersede all prior representations undertakings and agreements between the Advertiser and the Company relating to the use of this Site (including the booking of Advertising Space) and sets forth the entire agreement and understanding between the Advertiser and the Company.