General Terms of Sale Kazachok
CGV ACHAT D’ESPACE
GTS Purchase of Advertising Space
1/ Reservation of Advertising Space
Kazachok will not accept any orders placed by phone if they are not followed by a written confirmation (via mail or fax). The receipt of an order form shall be deemed as a purchase order after Kazachok’s acceptance. All advertising orders will be processed according to the rates and conditions in effect at the time the order is placed.
2/ Display – Release Date
Kazachok’s acceptance of an advertising order only grants the advertiser the right to occupy the space that has been reserved or any equivalent space. The release dates of the publication or of the online posting of the advertising script or picture are indicated as a reference only.
Kazachok cannot guarantee that competitors’ advertisements will not be placed next or close to the reserved space during the same period of time.
3/ Kazachok’s Obligations
The documents provided by the advertiser shall be published in their entirety; Kazachok will not make any changes without its client’s prior consent.
4/ Changes – Cancellations by the Advertiser
Changes to or cancellation of the order cannot be made by phone or email. Any changes or cancellation or suspension of the order shall be notified by certified mail with return receipt.
5/ Order Refusal
Kazachok may refuse, in its sole discretion and in conformity with the press professional customs, to insert an advertising order. Kazachok shall have no obligation to provide any explanation for such refusal which shall not entitle the advertiser to any compensation and shall not release him/her from the payment for advertisements already published. Such refusal shall be notified to the advertiser before or after the documents are provided.
6/ Kazachok’s Limitation of Liability
Kazachok shall not be held liable for the inability to print, release or distribute the publication for any reasons beyond Kazachok’s control. In such circumstances, any delay or absence of publication shall not entitle the advertiser to cancel its order or to any damages, and in no event shall the advertiser be released from the payment for advertisements effectively published. In case of any dispute with Kazachok arising with respect to the advertising, in no event shall Kazachok’s liability hereunder exceed the amount that the advertiser paid to Kazachok for the placement of the order.
7/ Advertiser’s Warranty for the benefit of Kazachok
By placing an advertising order, the advertiser warrants to Kazachok that is has all rights and authority to use the mark.
The advertiser shall hold Kazachok harmless from any and all civil claims and liabilities that Kazachok may incur due to the advertisements published upon the advertiser’s order; the advertiser shall indemnify Kazachok for any and all damages and shall defend Kazachok against any suits, claims or any other actions brought by a third party pertaining to such publications, all of which shall be dealt with solely by the advertiser.
8/ Technical Specifications
All technical items and electronic documents provided by the advertiser must meet the specifications determined by Kazachok. Any changes or minor modification that may be requested by the advertiser and that result in additional costs shall be invoiced to the advertiser, in addition to the rate in effect. Kazachok shall not be liable for the printing quality if the color density does not match the documents provided.
Payments shall be made before the publication within 10 days from the date of invoicing.
Any complaint shall, in order to be valid, be notified by certified mail with return receipt, within 8 days from publication.
By express agreement between the parties, it is provided that in case of a dispute the Los Angeles Superior Court shall have exclusive jurisdiction.
GTS Subscription / Webguide – Market Analysis
1/ The “European Licensing Webguide” and the “Barometre des Licences” market analysis are confidential documents reserved to subscribers, and they cannot be transferred without Kazachok’s prior consent.
2/ The “Barometre des Licences” market analysis and passwords to access the Kazachok Webguide portal shall be sent after receipt of the payment in full.
3/ Kazachok makes no warranty, express, implied or otherwise, as to the accuracy of any of the information contained in its publications, nor shall Kazachok be liable for any disruptions or interruptions to any subscription service provided hereunder.
4/ In case of any dispute with Kazachok arising with respect to any of the subscriptions, in no event shall Kazachok’s liability hereunder exceed the amount that the client paid to Kazachok for such subscription.
5/ In case of a complaint, any disputes shall be brought before the Los Angeles Superior Court.