| Terms & Conditions On Copysheet |
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| Acknowledgement
by Customer |
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| 1. |
Request for artwork: The Advertiser
and the signatory of this Acknowledgement
("Signatory") personally acknowledge
that Yellow Pages (Singapore) Limited
("YPS") has been provided
with materials containing text, designs,
drawings, trade marks, trade names,
copyright, designs, patents, know-how,
industrial property and other intellectual
property and other items ("Advertising
Materials") with the request that
YPS compile from the Advertising Material
the form taken by the advertisement
which artwork is attached hereto ("Showproof"). |
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| 2. |
Warranty as to contents of advertisement:
The Advertiser and the Signatory jointly
and severally warrant as follows: |
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| a. |
They have the right and authority
and/or have obtained all licences
approval or permission from all
relevant parties, to instruct
or permit YPS to compile, reproduce,
print, publish or otherwise use |
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Each
item of Advertising Material
separately or in combination
in the form of the advertisement
attached hereto; and/or |
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The
statements, representations
or references to any person,
occurrence or thing contained
within the advertisement. |
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| b. |
All
statements, representations (including
but not limited to pictorial representations)
and/or references found within
the advertisement are accurate
and true, and not in any way defamatory
of any persons, either living
or dead. |
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| 3. |
Amendment:
YPS may, without derogation from the
warranties contained in Clause 2, refuse
or require to be amended the advertisement
or any item of Advertising Material
appearing in the advertisement so as
to avoid infringing third party rights
and any rules and regulations in force
in Singapore from time to time. |
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| 4. |
Intellectual Property: All trademarks,
copyright, designs, patents, know-how,
industrial property and other intellectual
property comprised in the Services and
materials provided by YPS, including
photographs and Showproof given in printed
form, electronic form or any other form
("YPS' Intellectual Property")
are the exclusive property of YPS. No
use and reproduction of any part of
the same in any manner or form is allowed
without YPS' prior written approval.
The Advertiser and the Signatory shall
fully indemnify YPS in respect of any
losses, damages, costs and expenses
which may be suffered by YPS from the
unauthorised use of YPS' Intellectual
Property by any party through breach
by the Advertiser and the Signatory
of this Agreement or through the negligence
of the Advertiser and the Signatory
or through any other cause. |
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| 5. |
Indemnity and remedial action: The Advertiser
and the Signatory hereby jointly and
severally undertake to indemnify and
keep fully indemnified YPS against all
complaints, charges, damages, losses,
claims, proceedings (or threatened claim(s)
or proceedings), costs (including legal
costs on an indemnity basis) and expenses
of any nature arising from, or as a
result of, any and all breaches of the
obligations, or otherwise, by either
the Advertiser or the Signatory or both,
including but not limited to YPS taking
any step(s) to defend, enforce or preserve
its rights pursuant to this Agreement
or otherwise. For the avoidance of doubt,
the Advertiser and the Signatory's indemnity
referred to above shall include (but
not be limited to) any amount paid or
payable by YPS by virtue of any judgement,
award or compromise in respect thereof,
which compromise shall be in the sole
and absolute discretion of YPS. The
Advertiser and the Signatory agree and
undertake to immediately take all steps
to resolve any claim (or threatened
claim) complaint and/or charges upon
notice of the same, which shall include
the publication of any apology(s) where
necessary. Without prejudice to the
indemnity provided herein, the Advertiser
and Signatory further agree that YPS
may, at its discretion, discharge, satisfy
and/or settle any claim/action or threatened
claim/ action by any person without
any reference to the Advertiser/Signatory. |
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| 6. |
Right to Delete/Refusal to Publish:
Without prejudice to any of the foregoing,
YPS shall in its absolute discretion,
be at liberty to: |
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| a. |
Reject or decline to publish the
advertisement without any explanation
and to refund any monies, which
may have been paid, even if a
similar advertisement had been
published previously; |
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| b. |
Delete
or otherwise remove any advertisement,
which has already been published
without any explanation and at
its sole discretion to refund
any monies, which may have been
paid without any liability to
the Advertiser and/or Signatory.
The Advertiser and/or Signatory
will have no claim whatsoever
against YPS. |
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| 7. |
Location of Advertisement: The Advertiser
and the Signatory acknowledge and understand
that YPS cannot entertain any requests
for particular locations of display
advertisements in the YPS' publications
(print and/or electronic). |
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| 8. |
Artwork
charges: The Advertiser and the Signatory
may request and YPS may permit the amendment
of the artwork for the first and second
Showproof at no charge. No further requests
for Showproofs shall be entertained.
YPS however, may at its sole discretion
allow the same subject to payment of
the requisite fees. |
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| 9. |
Cancellation
Policy and Charges: Please refer to
Clause 7 of the Terms and Conditions
for Insertion Order for Advertising
Services. |
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| "Refer
to www.yps.com.sg/terms.html for Terms & Conditions For Insertion
Order for Advertising Services" |
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