The signatory warrants that he/she is duly authorised to enter into the contract for and on behalf of the advertiser and accepts that the contract shall be subject to the terms and conditions below, which have been read, understood and accepted.
The signature of any employee of the above mentioned establishment commits the thus said advertiser to the payment of the indicated amount whether or not this person is still in the employment of the Advertiser at time of publication.
The advertiser will supply DIRTY BOOTS with all their details by completing the online booking form in a full, proper and correct written form. By completing the booking form the advertiser agrees to these terms and conditions and undertakes to make payment in full by the date agreed upon.
If the advertiser fails to pay the indicated amount on or before the agreed date, DIRTY BOOTS reserves the right, without prejudice to claim for damages, to terminate any advertising or cancel the contract. If the advertiser has a record of bad payment, DIRTY BOOTS furthermore reserves the right to withdraw any advertisement at any time. Where relevant, any payments already made will be reimbursed to the payee.
In the event of late payments, DIRTY BOOTS reserves the right to charge interest at the maximum amount allowed by law.
On receipt of the advertiser’s material, DIRTY BOOTS will supply the advertiser with a proof of the proposed advertisement for written approval. This proof is to be signed off by the advertiser and returned to DIRTY BOOTS within 48 hours of receipt. If the advertiser fails to respond within this 48 hour period, the advertiser will be deemed to have vetted and approved the proof and DIRTY BOOTS will be entitled to proceed accordingly. Thereafter the advertiser will have no right of recourse against DIRTY BOOTS and DIRTY BOOTS does not accept any responsibility for any incorrect information in the proof and/or advertisement and the advertiser will be held responsible for any outstanding payment/s.
DIRTY BOOTS will not be held responsible for any errors, omissions or inaccuracy of information, nor for any loss or inconvenience that may be caused by such errors, omissions or inaccuracies.
The advertiser chooses the address, phone and e-mail address reflected on the online booking form for the purpose of delivering all documents and communications. All communications shall be deemed to have been received 48 hours after hand-delivering, e-mailing or faxing.
The advertiser records that he/she has not received or relied upon any warranty or guarantee whether express or implied, verbal, in writing, not specifically contained in this contract.
The opinions that appear in DIRTY BOOTS are those of DIRTY BOOTS or other advertisers. The signatory/advertiser understands that they might disagree with these opinions but agree, that under no circumstances whatsoever, will they ever hold DIRTY BOOTS liable for any loss/damage whatsoever which may arise as a result of these opinions.
The person whose signature appears on the contract to represent the advertiser hereby binds themselves to DIRTY BOOTS as surety and co-principal debtor for all due payments.
In the event that DIRTY BOOTS institutes legal proceeding against the advertiser, this advertiser agrees to pay all legal costs (on an attorney and own client basis), including DIRTY BOOTS’ collection commission and tracing fees.
In the event that the advertiser fails to pay any amount due in terms of this contract on the due date thereof, or commits or allows any other breach, DIRTY BOOTS will, within seven days of the date of posting or written demand, be entitled at its election and without prejudice to any claim in damages, whether direct, indirect, or inconsequential to 1) cancel the contract 2) seek specific action in which event all amounts will become due and payable forthwith.
Should either Party commit any breach of the Agreement, the other Party shall be entitled to terminate the Agreement only if such breach constitutes a material breach. A breach shall be deemed not to be a material breach if it is capable of being remedied within a reasonable time and is so remedied within 14 (fourteen) days of receipt of written notice calling upon the defaulting party to do so; or alternatively, if it is incapable of being remedied or is not remedied within the aforesaid period, if payment in money will compensate for such breach and such payment is made within 14 (fourteen) days after receipt of written request for such payment.
Subject to the above provisions, if a Party commits a material breach of the Agreement and fails to remedy such breach within 14 (fourteen) days of receipt of written notice requiring the breach to be remedied, then the aggrieved party shall be entitled, at its option, either to cancel the Agreement and claim damages or alternatively to claim specific performance of all the defaulting party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance.
Firstly the manager director or equivalent of either party will meet within 5 (five) working days of the dispute arising in an attempt to resolve the matter amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation – the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party appointed as a mediator by the Arbitration Foundation of South Africa (‘AFSA’), which mediator must be appointed within 5 (five) days of their failing to resolve the matter amicably and the mediation itself must take place with a further 5 (five) days from the date the mediator is appointed Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Cape Town within two (two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of AFSA for the time being in force which rules are deemed to be incorporated by reference into this clause.
Notwithstanding the aforesaid, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application
Each Party acknowledges and agrees that all material and information which has or will come into its possession or knowledge in connection with the Agreement, or the performance hereof, consists of confidential and proprietary data, whose disclosure to or use by third parties will be damaging to the other of them.
The Parties, therefore, agree to hold such material and information in strictest confidence, not to make use thereof other than for the performance of the Agreement, to release it only to employees reasonably requiring such information, and not to release or disclose it to any other Party, unless so required by law or in terms of agreement between the Parties in writing.
The Agreement will come into effect upon the signature thereof by both parties. The Agreement may be terminated by DIRT BOOTS but, notwithstanding termination, it will remain of full force and effect regarding work in progress. Despite such notice, The following provisions will remain in force for a period of 3 (Three) years from the date of the provision by the Supplier of any products and/or services:
Confidentiality, Warranty, Indemnity and Insurance.
Confidential and proprietary information is not meant to include any information which, at the time of disclosure, is generally known by the public
The Parties’ obligations of confidentiality under the Agreement will survive the termination of the Agree¬ment for any reason.
The Parties undertake at all times to act in good faith and to do all such things, perform all such actions and take all such steps and to procure the doing of all such things, the performance of all such actions and the taking of all such steps as may be open to them and necessary for or incidental to the putting into effect or maintenance of the terms, conditions and import of the Agreement.
This contract constitutes the whole and entire agreement between the signatory, the establishments and DIRTY BOOTS and supersedes all proposals, oral and written, between the Parties on this subject.
The contract will be subject to the laws of South Africa and the jurisdiction of the South African courts.