BEE, T&Cs and ABCs

AdVantage: publication category leader in the media, marketing and advertising industry & winner of the Magazine Publishers’ Association of South Africa (MPASA) 2010 Pica Award for: Best Overall B2B Magazine Design; Best Trade & Industry Writer for AdVantage Editor, Louise Marsland; Runner-up in Best Overall B2B Magazine-of-the-Year; Finalist in B2B Editor-of-the-Year!

Launched in 1993 on a creative and opinionated editorial platform, AdVantage magazine is the only South African publication reporting on the media, marketing and advertising industry with premium news content, exclusive analysis and thought leadership monthly, on: people, brands, trends, innovation, insight, creativity, campaigns and media.

With an award-winning and professional editorial and design team on board, as well as a myriad of expert contributors, insight comes from years of practical hands-on-experience in credible, independent and excellent business-to-business publishing.

As the most respected industry title in this sector, AdVantage is committed to building the value of advertising and marketing as a business tool, by facilitating trade through connecting suppliers of key services in the value chain through advertising, credible analysis, essential news and information, case studies and industry trends.

AdVantage is also the most read advertising and marketing publication in South Africa, with a readership of over 20 000 a month. To reach and influence decision makers in the media, marketing and advertising sector, advertise in AdVantage.

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1. All copy for advertisements/advertorials is subject to the approval of the publishers, who

also reserve the right to decline or cancel any advertisements/advertorials or series of


2. No responsibility will be accepted by the publishers for loss arising from typographical

or other errors. The publishers’ responsibility is limited to industry printing quality.

No responsibility is taken for picture selection, enhancement or layout. The publishers are

not responsible for any apparent discrepancy in this regard and clients are not exempt from

liability for the full insertion price reflected on orders and/or copy instructions, should an error

have occurred.

3. It is the client’s responsibility to supply material suitable for space bookings by the

publisher’s copy deadlines. If copy is not forthcoming, the publishers have the right to repeat

the client’s last published advertisement. The cost of making up the material will be debited

to the client, where applicable.

4. The publishers accept no responsibility for incorrect material supplied. All material supplied is

assumed to be correctly sized, marked and appropriate in screen.

5. The publishers shall not be liable for any loss occasioned by the failure of an advertisement to

appear on any special date, or at all for any cause whatsoever.

6. The publishers will use their best endeavours to place the advertisement correctly under this

agreement but will not be liable for any loss of profits or damages suffered by the client as

a result of their failure to do so and any failure in this regard will not entitle the client to

withhold payment of the account rendered in any respect. The publishers shall be exempt

from any liability arising from force majeur or where performance of their obligations is

prevented by circumstances outside their control.

7. While an enquiry service number may be supplied, this is no way forms part of the contract.

The publishers are not responsible for an omission of an enquiry number nor the failure

to supply the client with enquiries. The client may not, in any way, hold back payment or

part thereof should the enquiry number service, for whatever reason, not be supplied or be

printed incorrectly.

8. Whilst every effort will be made to place advertisements/ advertorials/insertions in requested

positions, no guarantees can be given. The placement of advertisements/advertorials/

insertions is at the sole discretion of the publisher and the editor of the magazine in question.

A guarantee of position, over and above those indicated on the rate card, is subject to a

10 % surcharge being paid by the client otherwise no guarantees will be given.

9. No cancellation of space can be accepted less than 6 weeks before publication date. Verbal

cancellation will not be valid, only a written cancellation confirmed by the publisher will serve

as notice.

10. Series rates quoted apply only to firm orders and insertions must be taken up within a twelve

month period unless otherwise arranged. Where the number of insertions taken does not

justify the series rate, a surcharge will be made.

11. All production costs will be for the account of the client whether quoted for or not. This includes

all photography, layout expenses, litho positive make-up and litho correction costs.

12. Payment is required within 30 (thirty) days of date of invoice and the publishers reserve the

right to suspend services if payment is not received with 60 (sixty) days. This action by the

publishers will not constitute a breach of agreement. The insertion charge is exclusive of

Value Added Tax and is, unless specified to the contrary, exclusive of production costs.

13. All non-residents of the Republic of South Africa will effect a R10 000.00 (ten thousand rand

only) deposit into the publisher’s account which will be interest bearing at the rate of 9 %

(nine percent) per annum and refundable once the client has paid his account in full and

closes his advertising account with the purchaser.

14. Nothing herein contained shall be interpreted as obliging the publisher to afford the client any

indulgence to effect payment after due date.

15. All overdue accounts will bear interest at the rate of 20 % (twenty percent) per annum.

16. In the event of the publisher instructing its attorneys to collect any amounts owing, then

all legal fees on the scale as between attorney and own client, whether or not summons is

instituted, shall be paid by the client. Such costs shall include any basic fee, tracing charges,

or collection commission which the publisher is required to pay its attorneys as a result of

any action taken by them.

17. Once an account has been handed over for collection, all payments made shall firstly be

allocated towards such legal/collecting/tracing fees and charges, thereafter to interest and

finally to capital.

18. The publisher does not appoint the Post Office as its agent for payments by post. In all

cases where the client uses the postal service to effect payment, such postal service shall

be deemed to be the agent of the client. All payments to the publisher shall be made to the

physical address of the publisher or deposited directly into the publisher’s bank account.

19. The party who has appended his signature hereto on behalf of the client:-

19.1. hereby interposes and binds himself jointly and severally as surety and co-principal debtor

in solidum unto and in favour of the publisher for the due and punctual payment and

discharge by the client of all debts and obligations, from whatever cause and howsoever

arising, which the client may in the past, or now, or from time to time hereafter owe or be

obliged to fulfil to the publisher and/or the publisher’s successors and assigns as a result

of this contract with the publisher; and

19.2. agree that the suretyship shall remain of full force and effect until cancelled by the

publisher in writing; and

19.3. renounce the benefits of the legal exceptions, excussion and division, cession of action

and no value received; and

19.4. agree to be bound by all the terms and conditions of this agreement; and

19.5. hereby cede, assign, transfer and make over unto and in favour of the publisher his/her

claim and/or entire loan account against the client until amounts owing by the client to the

publisher have been paid in full.

20. The client does hereby irrevocably and in rem suam cede, pledge, assign, transfer and make

over unto and in favour of the publisher all of its right, title, interest, claim and demand in

and to all claims/debts/book debts or whatsoever nature and description and howsoever

arising which the client may now or at any time hereafter have against all and any persons,

companies, corporations, firms, partnerships, associations, syndicates and other legal

personae whosoever (“the client’s debtors”) without exception as a continuing covering security

for the due payment of every sum of money which may now be due or at any time

hereafter be or become owing by the client to the publisher from whatsoever cause or obligation

howsoever arising which the client may be or become bound to perform in favour

of the publisher.

21. Should it transpire that the client at any time entered into prior deeds of cession or

otherwise disposed of any of the right, title and interest in and to any of the debts which will

from time to time be subject to this cession, then this cession shall operate as a cession of

all the client’s reversionary rights. Notwithstanding the terms of the afore going cession, the

client shall be entitled to institute action against any of its debtors provided that all sums of

money which the client collects from its debtors shall be collected on the publisher’s behalf

and provided further that the publisher shall at any time be entitled to terminate the client’s

right to collect such monies/debts.

22. Ownership in all material handed to the publisher and subsequently published shall remain

vested in the publisher until the full publishing price in respect thereof has been paid.

23. This agreement is governed by South African law and is subject to the jurisdiction of the

South African courts. The publishers are allowed to institute legal proceedings for the recovery

of any amount owing hereunder in the Magistrate’s Court of any district which by virtue

of Section 28 of the Magistrate’s Court Act has jurisdiction over the client, but this does

not preclude the publishers at their own discretion from instituting legal proceedings in the

Supreme Court of South Africa which has jurisdiction over the client.

24. The client chooses as his domicilium citandi et executandi the physical address contained in

the heading hereof for the purpose of giving or sending any notices provided for or required

hereunder, or such other address as may be substituted by written notice given thereof.

25. Where the client is a non-resident of the Republic of South Africa, the client is obliged to

furnish a physical domicilium, address within the Republic of South Africa within 7 (seven)

days from date of entering into this agreement, failing which, it will be deemed that the client

chooses the physical address of the publisher as his domicilium address together with

the client’s facsimile number on the overleaf hereof for the purposes of electronic transmissions.

26. No person other than a director of the publisher has any authority to contract on the

publisher’s behalf on any terms and conditions other than those contained herein.

27. No concession, latitude or indulgence allowed by the publisher to the client shall be

construed as a waiver or abandonment of any of its rights hereunder.

28. Each of the terms herein, excluding liability on the part of the publisher, shall be a

separate and divisible term and if any such term becomes unenforceable for any reason

whatsoever, the term shall be severable and shall not effect the validity of the other terms.

29. B y placing his signature on the face hereof the client agrees to the terms and conditions as

set out above, agrees that this order constitutes a valid contract with the publisher and

certifies that the information given herein by him to the representative of the publishers is

true and correct. The signatory further warrants that he/she is duly authorised to contract

on behalf of the client and is not subject to any disability in law in binding the client to these

terms and conditions.

30. The client acknowledges and agrees to notify the publisher in writing of any change in

ownership of the client. Should such change not be notified and acknowledged by the

publisher, there will be deemed to have been no change and the client will remain liable

for accounts for all services rendered until notification of such change of ownership is acknowledged

in writing by the publisher.

31. Any certificate issued by the publisher and signed by a manager or director of the

publisher indicating the amount due by the client to the publisher at any time and the fact

that such amount is due and payable, the amount of interest accrued thereon and the

rate of interest applicable thereto and as to any other fact, matter or thing relating to the

indebtedness of the client to the publisher, shall be prima facie proof of the contents and

correctness thereof and the amount of the client’s indebtedness hereunder for the purpose

of provisional sentence or summary judgement or any proceedings against a client

in any competent Court, and shall be valid as a liquid document for these purposes. Such

certificate shall be binding upon the client and shall be deemed to be of sufficient

particularity for the purpose of pleading or trial in any action or other proceedings instituted

by the publisher against the client.

32. In no circumstances shall the publisher be liable for consequential damages.

33. The client acknowledges that any sales representative taking an order does not have the

authority to bind the publisher and no representations, warranties or other statements made

or given by any of the publisher’s sales representatives shall be binding on the publisher.

34. The client agrees that should it become necessary for the publisher to proceed against

it in any Court of law for any reason whatsoever, the whole amount due by the client will

immediately become due and payable, notwithstanding the fact that portion of such amount

would not, in accordance with the agreed terms, be due for payment.

35. These terms and conditions shall not constitute a novation of any previous agreement

or terms and conditions and insofar as the provisions may be inconsistent therewith, the

provisions of this agreement and the terms and conditions contained herein shall prevail.