- Purchase and Sale: The Client agrees to purchase the advertising space on the media channel as specified in the Activation Schedule & Booking Form from Pick n Pay Retail Marketing who agrees to provide the inventory on the specified channel subject to the terms and conditions contained herein.
- The display of certain advertising material on the specified media channel may be subject to the approval thereof by Pick n Pay or a local or other state authority. If this is applicable Pick n Pay Retail Marketing shall advise the Client of the lead times required to accommodate the obtaining of such approval but shall not be liable for any delays in the installation and/or display of advertising material that are caused by delays in the approval process and the Client shall, despite such delay be liable for the payment of the purchase as from the commencement date set out in the Activation Schedule & Booking Form.
- The channel on which the advertising material is flighted or published may, during the course of this agreement, require scheduled and/or special maintenance and/or cleaning. Pick n Pay Retail Marketing shall be entitled to undertake such maintenance and/or cleaning, which may necessitate the removal of the advertising material or an interruption in the display or broadcasting thereof for periods not exceeding 72 hours. The Client shall not be entitled to claim damages or any remission of rental in respect of such periods. Any unscheduled interruptions caused by weather, power facility or for whatsoever reason will be managed on an individual basis.
- Pick n Pay Retail Marketing reserves the right to cancel the agreement by giving the Client not less than 30 days prior written notice of cancellation, should Pick n Pay in which the advertising material is hosted undertake renovations/alterations to the property or any other reason whatsoever create an indefinite interruption or termination of the media channel.
- Should the Client wish to make use of its own advertising material/content,
- Pick n Pay Retail Marketing reserves the right to specify the required material/substrate and quality of finishes to be applied,
- the Client shall abide by Pick n Pay Retail Marketing’s policies and procedures with regards to delivery, finishing requirements and time frame on flighting or publication;
- all advertising material is subject to approval by Pick n Pay Retail Marketing and Pick n Pay;
- all advertising material shall be delivered to Pick n Pay Retail Marketing within the time frames as specified in the Activation Schedule. Pick n Pay Retail Marketing is absolved of responsibility for the late display the advertising material should this deadline not be met.
- Should the Client wish Pick n Pay Retail Marketing to undertake the production of its advertising material,
- the Client shall comply with Pick n Pay Retail Marketing content specifications as provided in the Activation Schedule;
- lead times advised by Pick n Pay Retail Marketing shall be taken into consideration and should the Client’s artwork or other material not be supplied to Pick n Pay Retail Marketing (in the format as specified in the Pick n Pay Retail Marketing Guide) within the time specified, Pick n Pay Retail Marketing shall not be liable for any delay in the flighting and/or display of the advertising material and the media inventory shall, despite such delay, be payable as from the commencement date set out in the Activation Schedule & Booking Form. Pick n Pay Retail Marketing will also be entitled, without derogating from its right in clause 15 hereof, and in its sole discretion, reschedule the flighting and/or publication for a later date, in which event the Client shall be liable for all wasted and increased costs
- Pick n Pay Retail Marketing will check material provided for flighting and/or publication, but will not be liable for an losses or expenses suffered by any person as a result of errors contained in the material.
- The Client accepts that Pick n Pay Retail Marketing acts on behalf of the client when flighting and/or publishing the material and indemnifies Pick n Pay Retail Marketing against any loss or expense Pick n Pay may suffer or incur should any such material be provided or approved by the Client.
- The Client’s advertising material shall
- not contain attacks on or invidious comparisons with any other advertisers, firms, institutions or persons, be untruthful or objectionable or indecent;
- conform to the requirements of Pick n Pay Retail Marketing, the laws of the Republic of South Africa, the Advertising Standards Authority and any other advertising authority of South Africa; and,
- be subject to the final approval of Pick n Pay Retailers (Pty) Ltd.
- Pick n Pay Retail Marketing reserves the right to edit, revise (with advertisers awareness) and/or reject advertising material which in Pick n Pay Retail Marketing’s reasonable opinion does not comply with the requirement of 9 above or which it deems to be unsuitable for whatsoever reason, or to suspend or cease the display thereof.
- Payment: The Client shall pay the media rates set out in the Activation Schedule & Booking Form, together with VAT thereon, free of deduction or set-off, within 30 days of the date of invoice or otherwise specified in the Activation Schedule & Booking Form. Fees not paid on due date shall bear interest at the prime overdraft lending rate of Nedbank of South Africa Limited, which rate shall be proved by a certificate of any manager of the said bank, whose appointment need not be proved.
- Payment: All Clients activating campaigns with Pick n Pay Retail Marketing for the first time are require to pay 50% of the total activation cost prior to commencement.
- Cancellation: The following cancellation fees are applicable. Please note the production cancellation penalties in addition to the media penalties.
- Digital Media (Fresh TV; Fresh Connexion & E-Services)
Within 14 days notice of scheduled first flighting – 50%
- Fresh Living Magazine
Cancellation after booking deadline – 50%
Cancellation after material deadline – 100%
- Online (www.picknpay.co.za & www.pnponline.co.za)
Cancellation within 14 days notice of scheduled first flighting – 50%
- Electronic Newsletter
Cancellation within 7 days notice of copy/material deadline – 50%
- Promoters, demonstrators, chefs and activation personnel
Cancellation within 7 days of scheduled start date – 100%
Cancellation within 14 days of scheduled start date – 50%
- Large Format Print & Scrollers (MegaScrollers & MegaPaves)
Cancellation post invoicing or within 14 days of scheduled start date – 10%
- Radio Pick n Pay
Cancellation within 7 days scheduled flighting – 50%
Cancellation within 2 months of first flighting date – 50% (if no material has been printed)
- Trolley Media
Cancellation prior production within 4 weeks of flighting date – 25%
- Full Activation cost (applicable to all Media Platforms)
Cancellation post production – 100%
- Digital Media (Fresh TV; Fresh Connexion & E-Services)
- Indemnity: Neither Pick n Pay Retail Marketing nor the owner(s) or management of any property in which the advertising material is hosted/flighted shall be liable for any loss or damage, or be liable for any injury or loss of life to the person of the Client or his employees or invitees, including but not limited to consequential loss and loss of profit, howsoever arising, from the display and/or broadcast, or delay and/or errors in the display and/or broadcast, of the Client’s advertising material, and the Client hereby waives any such claim. Furthermore, the Client indemnifies Pick n Pay Retail Marketing, its associated companies, directors, agents and employees and the management and owners of the property in which the advertising material is hosted/flighted and their respective employees (hereinafter referred to as “the Indemnified Parties”) and holds them harmless against any claims, howsoever arising and of whatsoever nature, which may be made against the Indemnified Parties or any of them in connection with the display and/or broadcast of the advertising material, including without limitation, the breach of any term of the Activation Schedule & Booking Form and/or these Standard Terms and Conditions, the use by the Client of offensive content and the infringement of third parties proprietary or other rights.
- Pick n Pay Retail Marketing may, without prejudice to its right to claim specific performance and/or damages, cancel forthwith the agreement in the event of:
- the Client committing a breach of any of the terms and conditions contained herein or the Activation Schedule & Booking Form, and failing to remedy such breach within 7 (seven) days of receipt of written notice from Pick n Pay Retail Marketing calling upon it to do so;
- the Client ceasing trading or being wound up or dissolved by voluntary or involuntary proceedings or becoming insolvent or going into liquidation or entering into any arrangement or composition with its creditors or suffering any distress or execution levied on its goods or if a liquidator, receiver or administrator, sequestrator or trustee is appointed over any of its assets or of its undertakings.
Neither the Client nor Pick n Pay Retail Marketing shall be responsible for failure to perform its obligations in terms hereof if prevented by the happening of any event beyond the control of the parties whether such failure be total, partial, permanent or temporary.
No delay or indulgence by Pick n Pay in exercising any right hereunder shall operate as a waiver of such right.
The Client consents to the jurisdiction of the Magistrates Court for the purpose of any legal proceedings against it arising from this agreement, irrespective of the value of the matter in dispute. Should the Client be in default of any of its obligations in terms hereof, Pick n Pay Retail Marketing shall be entitled to recover from the Advertiser all costs, charges and collection commission incurred by it and/or its attorneys, on the attorney and own client scale, whether or not action has been instituted.
No variation or amendment hereof shall be of any force or effect unless agreed to in writing and signed by both parties.