General Terms & Conditions
1. All advertisements are placed and all orders are accepted subject to the terms
and conditions as hereinafter set out provided that Recruit Advertising Limited.
('Recruit') expressly reserves its right to amend, vary, replace or cancel any of
such terms and conditions without prior notice to the advertiser and the advertiser
is deemed to have express knowledge of and be bound by such terms and conditions.
No terms sought to be applied by the advertiser to any order for advertising shall
be binding upon Recruit. Advertising orders for space will not be considered as
contracts.
2. Recruit reserves the right to reject, decline or refuse to publish in whole or
in part or to amend any advertisement with or without notice to the advertiser where
in its sole opinion it considers necessary or desirable, and Recruit shall not in
any way be liable for any loss or damage arising as a result of such non-publication
or amendment as foresaid (nor shall any refund of or deduction from the costs of
the advertisement or any other compensation be granted by Recruit to the advertiser
in the event of such non-publication or amendment.) Recruit accepts no liability
whatsoever for any omission or inaccuracy or failure of color printing in any published
advertisement whether or not a proof has been supplied and whether or not such omission
or inaccuracy or failure is attributable to the neglect or default of Recruit, its
employees, agents and contractors. Where the advertiser requires that its name and
address or other information shall not be disclosed and Recruit shall have been
so notified by the advertiser on placement of its order Recruit shall use reasonable
endeavors to ensure the same but shall not be liable for any disclosure unless such
disclosure is made with the express knowledge or authority of Recruit.
3. Advertisements require specific placement or extra processing shall be subject
to extra charges. Recruit shall have the absolute right at any time to determine,
adjust or vary the classification and rate of charges applicable to all advertisements
placed. Published rates and charges are those set out on any order form or acknowledgement
may be varied by Recruit at any time without notice prior to invoicing. Quotations
given by Recruit shall not in any way be binding on Recruit.
4. Acceptance of an advertisement for publication does not constitute a binding
commitment or any representation or warranty on Recruit's part to publish the same
either at all or on any specified date or dates. Recruit shall not be liable for
any loss, costs or expenses incurred by non-publication (including non-publication
attributable to strikes, lock-outs, mechanical or production difficulties or any
other cause beyond the control of Recruit) or by publication of an advertisement
cancelled in accordance with provisions of clause 7 hereof or publication on a date
or in a position or manner materially different from that specified by the advertiser
on placement of its order. Recruit liability shall in case of non-publication be
limited to refund of the charge of the advertisement already paid and in all other
cases as aforesaid Recruit shall have the option either to grant a refund of such
proportion of the paid charge as shall in Recruit's sole opinion be reasonable or
in lieu of such refund and at Recruits absolute discretion to publish the advertisement
as soon as reasonably practicable. In the case of color advertisements, publication
shall be deemed correct unless more than 10% of copies circulated have incorrect
color(s). The advertiser shall be obliged to furnish Recruit with reasonable evidence
of this within 48 hours of publication.
5. Recruit shall use reasonable endeavors to accept orders if they are received
at the location and by the time specified by Recruit from time to time for that
type of advertisement. All advertisement copy and artwork must be received by the
latest receipt time specified by Recruit which may be varied by Recruit without
notice and Recruit shall have the right to refuse to accept any orders or to decline
or refuse to publish any orders if the advertisement copy and artwork of such orders
shall not have been received by Recruit the latest receipt time as aforesaid nor
shall Recruit be liable for any loss or damage arising as a result of non-publication
hereunder.
6. Advertisements of certain sizes and shapes only are normally accepted but advertisements
of other sizes and shapes may be accepted subject to special terms.
7. Cancellations will be accepted if notice in writing by the advertiser is received
and acknowledged by Recruit at its head office situated at 26/F, 625 King's Road,
North Point ('Head Office') before the time specified by Recruit from time to time
as the order deadline in accordance with the provisions of Clause 5 hereof
8. Artwork of advertising material must be fully pasted up and presented to Recruit
as positive and not negative film. Large areas of solid black may be stripped or
lined at Recruit's absolute discretion.
9. Late delivery of copy/artwork or non-compliance with cancellation procedures
specified as aforesaid will result in forfeiture of the space booked and, in addition,
Recruit shall have the express right to recover from the advertiser the full cost
of the advertisement or other placed.
10. It is responsibility of the advertiser to check the correctness of an advertisement
before it is repeated. Errors in the advertisement must be brought to Recruit's
notice in writing on the day of publication and in any event no later than 2 working
days before the next publication date. Otherwise, complaints will not be entertained.
11. The advertiser and /or its advertising agent(s) shall indemnify and keep indemnified
Recruit in respect of all loss, damage, costs and expenses including legal fees
arising directly or indirectly from the publication of an advertisement on instructions
from the advertiser and / or its advertising agent(s). In any case where a claim
is or may be made or threatened against Recruit, Recruit will give notice in writing
to the advertiser and will take reasonable steps to consult with the advertiser
before any claim is settled, defended or otherwise determined provided that a failure
to consult shall not affect the advertiser's liability hereunder.
12. The submission of an advertisement constitutes a warranty by any member of the
staff of the advertiser to Recruit that it has all necessary authorities and permissions
for the insertion thereof and that the advertisement or any part thereof or the
publication of the advertisement does not in any way contravene, violate or constitute
a breach of any laws of Hong Kong or any restrictions or prohibitions imposed by
the relevant Government authorities or otherwise and the advertiser shall indemnify
Recruit in respect of any breach of this clause in accordance with the provisions
of clause 11 hereof.
13. Recruit shall not be liable for any loss or damage arising as a result of delaying
in distribution or non-distribution due to strikes, lock-outs, typhoon, black/red
rain, mechanical or technical difficulties or any other cause beyond the control
of Recruit. Recruit shall has its sole discretion to alter the distribution of magazines
from time to time including but not limited to its distribution methods, locations,
dates and time as it may think fit and practicable without notice.
14. All cheques, money-order, etc. should be made payable to 'Recruit Advertising
Limited'. Rates are expressed in Hong Kong dollars but Recruit shall have absolute
discretion to accept payment in other currencies the rate of conversion to Hong
Kong dollars for payment shall be determined by Recruit from time to time.
15. The advertiser will be invoiced upon publication unless the advertising charges
are prepaid. Terms of payment are net 7 days from the date of invoice or otherwise
agreed by Recruit. Recruit shall have the right to charge interest on any outstanding
payment after the due date (without any further notice) at the rate of two percent
(2%) per month from date of invoice on outstanding balance to date receipt of payment
by Recruit and in addition, Recruit shall also be entitled to recover from the advertiser
any costs and expenses (including all legal fees) incurred by Recruit in recovering
any outstanding payment and interest thereon.
16. A volume discount will be allowed to those advertisers signing annual volume
contracts on such terms and conditions as may be agreed by Recruit and the relevant
advertisers. Recruit reserve the final right to change the terms and conditions
of this offer.
17. The advertiser is liable at all time for payment of all advertising charges.
Where a recognized advertising agent substitutes its order for that of the original
advertising or requires invoices addressed to the advertising agent. Recruit shall
hold the agent and the original advertiser jointly and severally liable hereunder.
18. Any claims pursuant to these terms must be made by the advertiser in writing
within 48 hours after publication on date of agreed publication to the Sales Manager
at the Head Office of Recruit Advertising Limited, 26/F., 625 King's Road, North
Point, Hong Kong and unless notice of such claims shall have been received by Recruit
within the time limit as aforesaid, all claims by the advertiser pursuant to the
terms and conditions hereof shall be deemed to have been waived by the advertiser.