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media falling within the ZaPOP list of approved media or media that is in
the process of being approved, in the ZaPOP estate of stores without a
written agreement between ZaPOP and the Client. ZaPOP reserves the
right to remove any such media.
Any cancellation must be given via a letter of reason. The associated
cancellation fees on contracts are as follows:
a. 15% ( fteen percent) of the contract value of all contracted
months on which more than 6 (six) calendar months' notice
was given.
b. 25% (twenty ve percent) of the contract value of all
contracted months on which less than 6 (six) calendar
months' notice was given.
c. 50% ( fty percent) of the contract value of all contracted
months on which less than 5 ( ve) calendar months' notice
was given.
d. 75% (seventy ve percent) of the contract value of all
contracted months on which less than 4 (four) calendar
months' notice was given.
e. 100% (one hundred percent) of the contract value of all
contracted months on which less than 3 (three) calendar
months' notice was given.
Please note: Paragraph 23 is applicable if a campaign is cancelled partly
or in its totality. Should a campaign be changed or altered, it will be seen
as a cancellation and Paragraph 23, as mentioned above, will be
applicable on the value by which the campaign has been reduced.
All media sold to the Client at a discounted rate of the of cial rate will be
negotiated on a case-by-case scenario. Should any rebates apply, media
not included in the agreed rebate structure will be clearly indicated as
such on the agreement between ZaPOP and the Client.
All coupons that are distributed to the stores must have a unique ID
number (supplied by ZaPOP) printed on the coupon, and/or a barcode.
This code will be used to identify the coupons being circulated through
the applicable retailer.
Agency commission will only be payable on media rentals and not on
production costs.
In the event that ZaPOP fails to meet any deadlines (commencement
dates) agreed upon for the introduction of media, ZaPOP shall provide the
Client with an extension of the relative campaign for an equal number of
days at the end of the campaign date originally agreed upon.
Corporate Media Deals (CMD) are negotiated and sold on the full CMD
value at the time of signing the contract. The total value of the CMD
contract may not be reduced after it has been signed by the Client. Any
subsequent reductions in the CMD contract will lead to loss of any
applicable discounts on that CMD.
Contracts signed in advance for future nancial years will take into
calculation the current media rental cost, production cost and distribution
and installation fees, and apply the prevailing “CPI” % for the relevant
future nancial years.
Purchase order numbers must be sent with a signed contract in order
to secure a booking with selected stores. No campaign will be
implemented or printed without a purchase order number.
Contracts are invoiced in full at the beginning of the month of the
campaign's commencement.
Previously signed contracts that are changed or extended in the current
or future periods, will be subject to media rental cost, production cost,
tasting fees, promoter fees, promoter elements, and distribution and
installation fees prevailing at the time of change.
In the case of brand activation, a 50% deposit is required to be paid
within a week of signing the contract. The balance must then be paid no
later than two weeks after completion of the campaign.
In the case of Brand Activation, quotations are based on the known xed
cost of the campaign. The services do not include any other charges such
as agency commission, photocopies, postage, delivery charges, courier
charges, uniforms, sample stock, POS, or any other additional expenses
relating to the campaign. Charges other than the services detailed on this
quotation will be invoiced on completion of the campaign.
Should a promoter arrive at the store for brand activation and there is no
stock available, full charges will apply.
ZaPOP, its staff and/or agents will under no circumstances be held liable
for any loss or damage of any nature. All work is done and property
handled, packed and transported entirely at the Client's own risk.
An agency will be held liable for all costs relating to the repair of any
damages caused by the speci c agency's promoter to a gondola end
stand.
In the case of Brand Activation, storing cost will be charged for elements
or point of sale that needs to be stored for more than fourteen days before
or after the end of the campaign period.
All bookings made on PromoDiary may not be for a period of more than
30 days, and all campaigns are to be booked three weeks in advance.
If a PromoDiary signed contract has not been received within three days
after the contract has been sent for signature, the booked campaign will
be cancelled.
Bookings on PromoDiary may not be made more than six months in
advance.
If PromoDiary bookings are cancelled three months prior to the
campaign's commencement date, the agency/supplier will forfeit the full
booking fee.
Payments of all PromoDiary campaigns must take place within one week
of receipt of invoice. The campaign will be cancelled if payment has not
been received on time.
If an approved booking was made and the promoter fails to arrive
promptly and remain for the duration of the booking, the campaign
agency will be blacklisted and no further in-store advertising for their
product or brand will be allowed in any of the retailer stores, nationally.
If a promoter is present in any of the retailer stores without an approved
booking, the campaign agency will be blacklisted and no further in-store
advertising for their product or brand will be allowed in any of the retailer
stores, nationally.
When a campaign agency subcontracts work to another campaign
agency, the latter will be held responsible for booking the campaign as
well as payment thereof.
The signatories to this contract (on behalf of ZaPOP/Client/Agency)
hereby warrant that they have been duly authorised to sign the contract
and to bind their principals to the terms and conditions thereof.
General Terms
(Cont.)
49.