Advertising Terms & Condition

1. Authority to Enter Agreement
The signatory warrants that they are duly authorized to enter into this contract on behalf of the advertiser. By signing, the advertiser accepts and agrees to the terms and conditions outlined below.

2. Commitment to Payment
Any employee of the advertiser’s organization who signs this agreement commits the advertiser to the payment of the specified amount, irrespective of their continued employment at the time of publication.

3. Submission of Details
The advertiser must provide all required details by completing the online booking form in a full, accurate, and correct manner. Completion of the form indicates agreement to these terms and conditions and a commitment to make full payment by the agreed date.

4. Use of Materials
By submitting photos, images, or other materials to DIRTY BOOTS, the advertiser grants DIRTY BOOTS the non-exclusive, royalty-free right to use such materials across all its platforms, including but not limited to its magazine, website, social media channels, and other promotional products.
o The advertiser warrants that they own or have the right to grant such permissions and that the materials do not infringe on any third-party rights.
o DIRTY BOOTS will not be held liable for any copyright disputes arising from the advertiser’s submitted materials.

5. Non-Payment and Termination
o If the advertiser fails to pay the specified amount by the due date, DIRTY BOOTS reserves the right to terminate the advertisement or cancel the contract without prejudice to claim for damages.
o Advertisers with a history of non-payment may have their advertisements withdrawn at DIRTY BOOTS’ discretion, with any prepaid amounts reimbursed if applicable.

6. Late Payments
Late payments may incur interest at the maximum rate permitted by law.

7. Proofing and Approval
Upon receiving advertising materials, DIRTY BOOTS will provide a proof for the advertiser’s written approval. The advertiser must sign and return the proof within 48 hours of receipt.
o Failure to respond within this period will be deemed as approval. DIRTY BOOTS will proceed with the advertisement as is, and the advertiser will remain liable for payment.
o DIRTY BOOTS accepts no responsibility for errors or omissions in the proof once approved, and payment obligations remain binding.

8. Liability for Errors
DIRTY BOOTS will not be liable for any errors, omissions, or inaccuracies in the advertisement or for any resulting loss or inconvenience.

9. Contact Information
The advertiser’s details provided in the booking form will serve as the official point of contact for all communications. Documents and correspondence will be considered delivered 48 hours after being sent via email, fax, or hand-delivery.

10. Warranties and Indemnities
The advertiser acknowledges they have not relied on any verbal or implied warranties or guarantees not expressly contained in this contract.

11. Opinions in Content
Opinions expressed in DIRTY BOOTS’ publications are those of the contributors or advertisers and do not reflect DIRTY BOOTS’ views. Advertisers waive any claims for damages arising from such opinions.

12. Legal Costs and Collection Fees
If DIRTY BOOTS initiates legal proceedings to recover payments, the advertiser agrees to cover all associated costs, including attorney fees, collection commissions, and tracing fees.

13. Breach of Contract
o In the event of breach, DIRTY BOOTS may cancel the agreement or seek specific performance with all amounts becoming immediately payable.
o Material breaches that can be remedied must be resolved within 14 days of notice; failure to do so may result in contract termination and potential damages claims.

14. Dispute Resolution
o Disputes will first be addressed in a meeting between the managing directors of both parties.
o If unresolved, mediation will be pursued, facilitated by a mutually agreed independent mediator or one appointed by the Arbitration Foundation of South Africa (AFSA).
o If mediation fails, disputes will proceed to arbitration under AFSA rules, with hearings in Cape Town.
o Urgent matters may be escalated to court where appropriate.

15. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary information shared during the agreement, except where disclosure is required by law.

16. Contract Validity and Governing Law
This agreement constitutes the entire contract between DIRTY BOOTS and the advertiser, superseding all prior communications. The contract is governed by South African law, with jurisdiction in South African courts.