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MOI OSTROV ADVERTISING TERMS AND CONDITIONS 2016
1. Moi Ostrov Magazine, published by Moi Ostrov Ltd (“Moi Ostrov”) will not be bound by any condition appearing on orderblanks or copy instructions submitted by or on behalf of the advertiser when such condition conflicts with any provision contained in Moi Ostrov’s rate card. All references herein to Advertiser include Advertiser’s agency, if there is one, and Advertiser and its agency shall be jointly and severally liable for Advertiser’s obligations hereunder.
2. Moi Ostrov reserves the right to decline or reject any advertisement for any reason at any time without liability even though previously acknowledged or accepted. If an advertisement is accepted for publication, the advertiser agrees that it will not make any promotional references to Moi Ostrov without the prior written permission of Moi Ostrov.
3. Advertisers will be short-rated according to the rates set forth in the Moi Ostrov Rate Card if the space upon which billings have been based is not used within the 12-month contract period.
4. Agency commission: 20% to recognized agencies. Bills are rendered on publication date. Payment in Euro is required. Net due 30 days from invoice date or as specified on the first page of this contract. Interest will be charged at rate of 8.5% per annum or the maximum lawful interest rate, on past-due invoices. New advertisers may be asked to either remit payment with order or furnish satisfactory credit references, subject to Moi Ostrov’s discretion.
5. The advertiser agrees to pay the amount of invoices rendered by Moi Ostrov within the time specified on the invoice.
6. Orders containing incorrect rates may be accepted and if accepted, charged at regular rates. Such errors will be regarded as only clerical
7. Orders specifying positions other than those set forth in the rate card and billed according to the rate card are accepted only on a request basis, subject to the right of Moi Ostrov to determine actual positions.
8. Advertisements in other than standard sizes are subject to Moi Ostrov’s approval.
9. Rates, conditions, and space units are subject to change without notice.
10. Reproduction quality is at the advertiser’s risk if Moi Ostrov’s specifications are not met or if material is received after closing date even if on extension. All queries concerning printed reproduction must be submitted to Moi Ostrov within 60 days of issue date.
11. Advertising material submitted to Moi Ostrov may be destroyed after use without liability.
12. No rebate will be allowed for insertion of wrong key numbers.
13. MOI OSTROV accepts no responsibility for the accuracy of translations provided by Moi Ostrov.
14. The advertiser agrees that in the event Moi Ostrov commits any act, error, or omission in the acceptance, publication, and/or distribution of their advertisement for which Moi Ostrov may be held legally responsible, Moi Ostrov’s liability will in no event exceed the cost of the space ordered and further agree that Moi Ostrov will not under any circumstance be responsible for consequential damages, including lost income and/or profits.
15. The advertiser represents that it not only has the right to authorize the publication of any advertisement it has submitted to Moi Ostrov, but that it is fully authorized and licensed to use (a) the names and/or the portraits or pictures of persons, living or dead, or of things; (b) any trademarks, service marks, copyrighted, proprietary, or otherwise private material; and (3) any testimonials contained in any advertisement submitted by or on behalf of the advertiser and published by Moi Ostrov, and that such advertisement is neither libelous, an invasion of privacy, violative of any third party’s rights, or otherwise unlawful. As part of the consideration and to induce Moi Ostrov to publish such advertisement, the advertiser agrees to indemnify and save harmless Moi Ostrov against all loss, liability, damage, and expense of whatsoever nature (“Losses”) arising out of copying, printing, or publishing of such advertisement (“Claims”). In the event that any advertising campaign for advertiser includes sweepstakes, contests, email distribution, and/or other promotional elements which are managed either by the advertiser or by Moi Ostrov on behalf of the advertiser, the advertiser also agrees to indemnify and save harmless Moi Ostrov against any and all losses arising out of the publication, use or distribution of any materials, products (including prizes), or services related to all such promotional elements provided by the advertiser including, without limitation, those arising from any Claims.
16. All orders accepted are subject to acts of God, fires, strikes, accidents, or other occurrences beyond Moi Ostrov’s control (whether like or unlike any of those enumerated herein) that prevent Moi Ostrov from partially or completely producing, publishing, or distributing Moi Ostrov magazine.
17. All advertisements must be clearly identified by the trademark or signature of the advertiser.
18. Words such as “РЕКЛАМА” will be placed with copy that, in Moi Ostrov’s opinion, resembles editorial matter. Reading notices are not accepted.
19. Cancellations must be in writing. Cancellations for orders are not binding on Moi Ostrov unless in writing and received at least 20 days prior to the advertising closing date for inside or outside cover pages and for all inside pages, 1 day prior to the advertising closing date. Thereafter, orders may not be cancelled or changed by the advertiser without the acknowledgement and acceptance of Moi Ostrov. If orders are not timely cancelled, the advertiser agrees that it will be responsible for the cost of such cancelled advertisements, including “kill fees” for covers equal to the premium charges outlined on the magazine’s rate card.
20. A copy of any proposed insert must be submitted to Moi Ostrov prior to printing of the insert. In no event shall Moi Ostrov be responsible for any errors or omissions in, or the production quality of any insert. Orders for Inserts are non-cancellable.
21. Advertiser and Agency agree that any advertisements published may, at MOI OSTROV’s option, be included in all media, whether now in existence or hereafter developed, in which the issue containing the advertisement is published, reproduced, distributed, displayed, performed, or transmitted, in whole or in part. The copyright in any advertisement created by MOI OSTROV is owned by MOI OSTROV, and may not be otherwise used by Advertiser or third parties without MOI OSTROV’s prior written consent.
22. The advertiser agrees to reimburse Moi Ostrov for its attorney’s costs and fees in collecting any unpaid billings for advertisements.
23. The parties agree that the details contained on orders will be treated as confidential or proprietary information and shall not be disclosed to third parties.
24. All issues related to advertising will be governed by laws of Cyprus applicable to contracts to be performed entirely therein. Any action brought by advertiser against Moi Ostrov relating to advertising must be brought in the city of Paphos, Cyprus and the parties hereby consent to the jurisdiction of such courts.
25. Submission of any advertisement, intersection order, space reservation, or position commitment shall constitute acceptance of the foregoing Contract Terms and General Conditions.
26. Items for fashion editorials and fashion pages will be selected by Moi Ostrov Ltd stylists and photographed by the Moi Ostrov Studio’s Production teams. The dates of pickup and return will be announced by email or sms 1-2 days before pickup. Items for fashion editorials will be credited with brand and shop name, stylists and store manager should see items together on pickup and return to check for any damages, if there are any sign of damage on pickup this should be noted on waybill or other document signed by the stylists and store manager, in the unlikely event that an item is damaged Moi Ostrov Ltd will have 5 working days to repair/clean the item to original condition, if not possible or successful Moi Ostrov ltd will compensate the advertiser/shop with the shops cost of the item(s) which will be calculated as 35% of the retail price. A dirty or damaged item must be reported on the day of return while Moi Ostrov’s stylist is still at the shop. Editorial images will be made available to the advertiser in low and high resolution although rights to the images will remain with Moi Ostrov Ltd and or the photographer. Editorial images must always credit the magazine and photographer.