TERMS AND CONDITIONS FOR ADVERTISEMENT BOOKING
1. Definitions
“Advertising Materials” means all advertising materials, including without limitation music, audio-visual materials, artwork, graphics, electronic files, sales literature, price lists, data, logos, and/or trademarks submitted or supplied by Advertiser or Agency for its advertisements.
“Booking Request” means a written application, Advertisement Spots Booking Form, for booking of advertisements or insertion orders made by Advertiser and/or Agency from time to time; “Booking Requests” refers to 2 or more Booking Requests.
2. Booking Procedure
All Booking Requests must be submitted to Anjels and shall be final and binding on the Advertiser and Agency upon submission and subject to these Terms and Conditions, and shall not, unless otherwise agreed in writing by Anjels, be terminated, withdrawn, canceled, revised or rescheduled by the Advertiser or the Agency.
All Booking Requests shall be subject to acceptance by Anjels in its absolute discretion and only the event of broadcast or display of any Advertising Materials constitute the acceptance of such booking.
3. Change Request Procedure
Any request for changes to Advertising Materials and/or scheduled display time, provided such changes do not cause any additional to the original display time, and subject to availability, shall be subject to the absolute discretion and approval by Anjels.
If Anjels agrees to a change request, such request shall be subject to a charge of S$30 per request, payable prior to change being effected.
All change requests must be made in the written application submitted to Anjels one (1) week in advance with payment.
4. Anjels may schedule downtime for its display screens, servers or any part thereof for maintenance purposes with or without giving notice thereof or in such manner as it deems fit. The Advertiser and Agency agree that Anjels shall not be liable for any loss, damage, claims, cost or expense of any kind arising from any such downtime, or from any unavailability of any display screens, telecommunication systems, networks or internet, failure in communication lines, technical malfunction, computer error, viruses, interruption, delay in operation, corruption or loss of data or other disruption of any kind.
5. Limitation of Liability
No action of any form arising out of or in connection with the advertising services provided by Anjels may be brought by the Advertiser or Agency against Anjels more than one (1) year after the completed advertising campaign.
To the fullest extent permitted by law, Anjels’ aggregate liability to the Advertiser and Agency for any claims shall be limited to the amount of fees paid by the Advertiser and/or Agency for such advertisement.
6. This advertisement agreement is subject to the policies of the respective owners of the screen (herein “Owners”) and any changes made to such policies.
7. All advertising materials must adhere to the following formats :
8. All advertising materials provided by the client for display on the screen must:
Not infringe any copyrights of any person/company; and/or
Not be immoral, indecent or obscene in nature or religiously or racially offensive to the public; and/or
Conform to digital display or telecast guidelines set by the local authority and any law relating to the advertisement; and/or
Not contain false or unwarranted claims for any product or service and/or defamatory statements.
9. Advertiser and Agency jointly and severally undertake to secure all necessary rights to reproduce, edit and display the advertising materials, including without limitation, in respect of the use of any images, music, lyrics video and sound recordings.
10. Advertiser and Agency shall be responsible for getting approvals by the relevant authority for all advertising materials.
11. In the event that the advertising materials and program are in breach of the terms of this agreement, unsuitable, offensive or Anjels are instructed by any relevant authority to cease such displays; Anjels shall terminate this advertisement booking without any liability or refund of any fees to the Advertiser and Agency.
12. Advertiser and Agency shall be jointly and severally liable to indemnify Anjels and Owners against all legal claims (including full legal fees), demands, losses, and any government tax or duty payable in respect of any advertising materials supplied for display on the screen.
13. Any advertising materials shall be delivered at Advertiser’s/Agency’s sole cost and risk at least fourteen (14) days before commencement of campaign period and such advertising materials must be supplied in such format as specified by Anjels, failing which, a conversion cost will be levied for conversion into the specified format. All advertising materials and programs shall not be returned.
14. At the time of submission of booking request, Advertiser/Agency must pay a booking deposit equivalent to fifty percent (50%) of the total advertising space booking fees for the said campaign. This deposit is non-refundable.
15. No advertisement will be scheduled unless full payment for the proposed advertisement campaign is received by Anjels one (1) week prior to campaign start date.
16. All bookings are made on a first come, first served basis subject to availability.
17. Anjels has the absolute rights to accept, reject or schedule any advertisements. All reasonable efforts shall be used to display the advertisement on the dates specified. However, under no circumstances shall Anjels be liable for any late or disruption of the advertisement for any reason.
18. Anjels shall not be liable for any interference or failure to display any advertisements resulting from any event of force majeure. In this case, force majeure shall mean any partial/complete breakdown of equipment (including screens, media players and software system) for any reasons whatsoever, labor disputes, civil unrest, flood, natural disasters, war, acts of God, power failure, fire, accidental or deliberate and/or unauthorized tempering of equipment, or any cause or event beyond Anjels’ reasonable control. On such occurrences, Anjels may decline to perform, in part or fully the display of the advertisement without a refund.
19. Anjels reserves the right to cease the display of the advertising materials or program at any time for the purposes of repair and/or maintenance/servicing of the screen/s. Unless no other comparable substitute location can be provided for the display, Anjels shall only be liable to provide a pro-rated refund of any paid fees corresponding to such non-displayed time.
20. Anjels reserves the right to reject any advertisement that is deemed to be in direct conflict or competition to the Owners of the screen locations.
21. For the avoidance of doubt, unless otherwise expressly stated, no exclusivity is granted to the Advertiser and nothing herein shall restrict Anjels from accepting any advertisements from any other advertisers.
22. At all times, no warranty, whether express, implied or statutory, is made or given by Anjels or Owners for the uninterrupted availability, functionality or reliability of the screen/s.
23. In the event that the digital screen at a specific location is terminated, for whatever reason beyond the control of Anjels, Anjels shall have the rights to reschedule the remaining non-displayed advertisements at such location with the closest proximity without any penalty.
24. Anjels may terminate any advertisement spots booking, giving seven (7) days prior notice to Advertiser and/or Agency, upon any breach or default by Advertiser and/or Agency. Upon termination, any spot bookings for the time being not fully performed shall be deemed canceled without further obligation or liability thereon except for any monies prepaid shall be refunded for unperformed services.
25. Anjels may at any time, amend or supplement the above terms and conditions without prior notice.
26. The Advertiser and/or Agency is deemed to have read and accepted these terms and conditions once the advertisement is being broadcasted and displayed on the display.
27. The terms and conditions in this agreement shall be governed by and construed in accordance with Singapore laws and all parties hereby submit to the non-exclusive jurisdiction of the Singapore courts.