This is a legally binding agreement. By continuing the registration process and subsequently using the Internet-based advertisement delivery system available at www.adsend.co.za, as updated and modified from time to time, including all software and documentation relating to the service (Adsend), you agree that your use of Adsend is governed by the terms set out below and that these terms form a Service Agreement between you and Hutton Trading TA Websend Digital (Reg: 2003/027/063/07) (we/us). For the avoidance of doubt, "You" or "your" means the person licensed to use Adsend and includes any licensed corporation, which enters into this agreement by the conduct of an officer, employee or agent of the corporation.
Subject to the terms and conditions under this agreement and the payment by you of any and all fees and charges owing to us, we grant to you a non-exclusive, non-transferable licence to use Adsend on the terms and conditions set out in this document.
You must only use Adsend in accordance with these terms and conditions and any procedures, instructions or guidelines issued by us. You agree that you will not:
(a) sell, distribute, sub-licence Adsend or appoint agents, sub-distributors or sub-licensees to procure the distribution of Adsend;
(b) copy Adsend, including without limitation the software, the website or the documentation, except as permitted under this agreement;
(c) decompile, disassemble, reverse engineer, derive the source code for, modify, adapt or translate the Adsend software or the website;
(d) write or develop any software or create derivate works based on Adsend; or
(e) remove, obliterate or obscure from any view any copyright material, trade mark (whether registered or un-registered) or confidentiality notice or legend appearing in Adsend (including the software, the website or the documentation; and
We reserve the right to suspend or cancel your account if you do not comply with the above or any instructions given to you by our support staff.
We retain all right, title and interest (including copyright for any ideas, concepts, inventions, know-how, data processing techniques) in Adsend, including and without limitation any:
(a) Software, documentation, customization, alteration, modification, translation, upgrades, integrations and enhancements or addition to the software and documentation; and
(b) The website, any modifications to the website, any content contained on the website and any versions of the website or local domain names.
You acknowledge that the payment of fees and charges, whether subscription fees, transaction fees or otherwise is a fundamental term of this agreement. You acknowledge that we retain the right to modify any fees any charges on written notice to you; and Advertising delivered through Adsend is charged per job. When you register in Adsend, you can choose from two different membership types:
Premium Adsend Members
Annual Registration fee: R380.00 (Invoiced at the End of January Every Year)
Delivery to Newspapers & Magazines R115.00 per PDF excl VAT per DESTINATION.
MULTI-DESTINATION deliveries are charged per DESTINATION.
Delivery to printers is R100.00 for the 1st 10MB, then R1.00 per MB thereafter excl VAT.
International file delivery costs R165.00 per PDF excl VAT per DESTNATION.
MULTI-DESTINATION tickets are charged per DESTINATION.
Casual Adsend Members
Delivery to Newspapers & Magazines UNDER REVIEW per PDF excl VAT per DESTINATION.
MULTI-DESTINATION deliveries are charged per DESTINATION.
Delivery to printers is UNDER REVIEW
If a Casual member sends up to R2000.00 worth or more per month they will be moved to a Premium Member
A Casual Member is only able to send jobs on a single-use basis. The cost of the job is higher to include a higher level of support for that job, but there is no annual fee. A casual job is charged at R165.00 Currently there is no dimension or file size limit for casual jobs.
Extra Services
Total Ink Weight Fix: R105.00 per PDF
Newspaper Colour Conversions: R125.00 per PDF
Colour Space Correction: R30.00
Color Separation Correction (ICC Removal): R30.00
All fees noted within this document are VAT Exclusive.
We will invoice you each month by email. There are two types of customer billing Casual credit card customers and 14-day account customers.
(There is currently no charge for receiving advertisements.)
Casual Credit card customers
Upon registration you will be asked to fill out your credit card details.
If you are a Casual Credit Card Customer, you will be charged each time you use the service.
14-day account customers
Customers who wish to have 14-day credit accounts must apply to the credit department and be approved prior to using the system. Customers who are on credit card accounts who wish to change over to 14-day credit accounts must also apply to the credit department and be approved prior to their account being converted.
In the case of 14-day credit accounts, you must pay the invoiced amount to us by company cheque, via EFT or online within the Adsend system via credit card as stated on tax invoice within 14 days of the date of our invoice. If you do not pay an invoice by the due date, we may suspend your account until you have paid. We reserve the right to apply a late payment charge of R110.00 per invoice, as well as collection fees if we engage a debt collection company. Accounts that are inactive for 12 months or more will be closed. Money in credit within these accounts will be voided. Account customers may be changed over to credit card at our discretion based on payment history.All fees noted within this document are VAT Exclusive.
We define our service as receiving, preflighting and delivering your advertisement, although all three parts do not have to be completed for the service to be deemed complete. Adsend will happily refund any payments made where you have not used a service. If, for example, you register and pay for a service in Adsend but you DO NOT upload an advertisement, you are entitled to a refund if you request it. If you register and pay for a service in Adsend but you DO upload an ad, we will deem that the service has been delivered to you and you will not be entitled to a refund.
Adsend is an Internet-based technology. While we will make all reasonable efforts to ensure that Adsend is available 24 hours per day, 7 days per week, the nature of the Internet is such that this may not always be possible. We will endeavour to give you prior notice by email of any scheduled maintenance to the system. We do not guarantee that you will be able to access Adsend at all times.
Adsend provides a technical mechanism for senders of advertisements to send advertisements to publications. As part of this process, we pass each advertisement PDF file through a validator to determine whether it is of an appropriate standard for publication. The standards imposed by publications for the PDF files they will accept may be different to those used by our validator.
If you are a sender of advertisements: Our validator is a reasonable guide but we do not guarantee that a PDF advertisement which you send using Adsend and which passes our validation will be accepted by the publication(s) to which you have sent the advertisement. There are numerous reasons why an advertisement which is accepted by a publication may not be printed. When Adsend indicates that an advertisement has been accepted, it means no more than that it has been received and processed by the publication. We cannot control what particular publications do with advertisements once they have been delivered by Adsend.
Proofing can be requested via the Adsend job ticket (or from the 'Extras' tab in your account). The size, colour and proof type is printed according to the uploaded ad and the information about the ad and proof selected and/or entered on the job ticket. Adsend is not responsible for a proof printed and delivered that is not correct. Estimated proof costs are immediately available to you and are deemed approved by you when you to choose to have a proof supplied. Regular charges will apply for additional proofs.
Our Adsend Client Service Team is available 24 hours a day, everyday including weekends. Client Services can be contacted via email, and telephone.
To contact Adsend Client Services please email support@adsend.co.za or telephone +27 11 712 5700 after hours +27 82 333 9998
(a) All express and implied conditions, warranties or liabilities (including liability as to negligence) regarding the condition, accuracy, suitability or quality of, or title to, Adsend are negated and excluded.
(b) We give no condition, warranty, undertaking or representation in relation to the condition, accuracy, suitability or quality of, or title to, Adsend (including any software comprising it or data contained in or supplied in relation to it or reports generated or produced by or with the aid of it).
(c) You acknowledge and agree that we are not liable for any loss or damage, including special, incidental, consequential loss or damage, which in any way results from your use or non-use of Adsend (including as a result of any malfunction, breakdown or error in Adsend).
(d) You will indemnify us and keep us indemnified against all and any demands, claims, actions and proceedings whatsoever and howsoever arising made by any third person in connection with or arising out of your use of Adsend and all and any losses, costs, expenses and damages whatsoever and howsoever incurred by us in connection with or arising out of a breach by you of any provision of this Agreement.
(e) You acknowledge that we are not responsible for your purchase or licence of any software, device, equipment or other thing which may, or might be required to be used to, cause or assist the operation of Adsend to function, and you must look solely to the licensors, vendors, or owners of software, device, equipment or other thing to obtain any licence or rectify any defect, and You will indemnify us and keep us indemnified against all and any demands, claims, actions and proceedings whatsoever and howsoever arising made by any third person in connection with or arising out of your use of Adsend and all and any losses, costs, expenses and damages whatsoever and howsoever incurred by us in connection with or arising out of your use of the same.
We may immediately terminate this Agreement if you breach any term or condition of this Agreement or any provision of this Agreement is held invalid by a court or is severed by operation of law.
We may terminate this Agreement for any reason by giving you 14 days notice by email in writing. You may terminate this Agreement at any time by notice to support@adsend.co.za in writing.
On termination, we may:
(a) recover from you the amount of any direct loss or damage sustained as a result of the termination, subject to the restrictions set out these terms and conditions;
(b) be regarded as discharged from any further obligations under these terms and conditions; and
(c) pursue any additional or alternative remedies provided by law.
On termination you will:
(a) cease to use Adsend, including without limitation any software or documentation;
(b) uninstall the software; and
(c) destroy all copies of any Adsend software; or
(d) return to us any documentation and the software.
You may not assign, transfer, encumber, mortgage or licence all or any part of this Agreement or any of your rights, benefits or obligations under it in any way without our prior written consent. We may assign any of its rights, benefits or obligations under this Agreement to any other person.
Failure or neglect by either party to enforce at any time any of the provisions of this Agreement is not to be construed or deemed to be a waiver of that party's rights under this Agreement.
This Agreement is governed by and to be construed in accordance with the laws of South Africa. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of South Africa.
You acknowledge that in agreeing to enter into these terms and conditions you have not relied on any representation, warranty or other assurance except those set out in these terms and conditions.
You acknowledge that in agreeing to enter into these terms and conditions you have not relied on any representation, warranty or other assurance except those set out in these terms and conditions.
These terms and conditions do not create any relationship of partnership, agency, trust or joint venture between you and us.
This document contains the entire understanding between the parties as to the licence and use of Adsend. The expiration or termination of this Agreement does not affect the rights of either party against the other in respect of anything done or omitted to be done under this Agreement prior to the expiration or termination or any sums or other claims outstanding at the time of expiration or termination. A reference to a person includes a reference to a firm, corporation or other corporate body.