The rate/amount/charges/tariff/cost per insertion mentioned overleaf is applicable for a maximum of one annual edition only and is subject to change without prior notice.
Bluebay Communications Private Limited (BCPL) shall have at its discretion, the right to change the position of any advertisement accepted for insertion and does not guarantee any particular position or place in the directory/CD-ROM/Website for display of advertisement. BCPL reserves the right at all times to reject or discontinue the advertising matter for any reason whatsoever.
All advertising copy and material supplied by the applicant/customer to BCPL shall be legal and honest. The advertisement must not be obscene, offensive, racial or unlawful in any manner and should be in conformity with all applicable statutory and government regulations worldwide.
While BCPL will take every precaution to prevent errors or omissions in the directory/CD-ROM/website, BCPL will not be responsible for any error in the insertion or omission to insert any advertisement or for any damage or loss of any advertising copy/materials/drawings/artworks/bromides/photographs/images/files/CDs/floppies or other materials supplied for the purpose of advertisement.
BCPL reserves the right to make any alteration if considered necessary or desirable in an advertisement and to require artworks/files/images/copies to be amended to meet its approvals.
The directory/CD-ROM/website advertisement specified overleaf is for insertion in the ensuing edition to be updated. The charges for each advertising item specified therein are exclusive of all applicable taxes, levies which shall also be paid by the applicant wherever payable unless stated otherwise.
Unless the parties hereto otherwise agree in writing the copy cuts, illustrations and other artwork excluding trade marks used in preparation of the applicant's/customer's advertisement are the properties of BCPL and further the applicant agrees that the directory/CD-ROM/website advertisement specified on the face of the brochure/homepage may not be reproduced or assigned for reproduction as a whole or in part without prior written consent of BCPL and further applicant agrees that any copyright obtained by BCPL the provision of which encompasses the directory/CD-ROM/website advertisement specified on the face of the application and which appear in the directory/CD-ROM/website produced/published by BCPL intend for the sole benefit of BCPL.
The advertiser applicant/customer which expression shall include any advertising agency involved in placing the advertisement warrants that publication of the advertisement may be effected in accordance with advertiser's instruction without committing any offence or fault and in the event of any claim against BCPL so far as the law shall allow for any costs, damages or other charges falling upon BCPL as a result of such claim.
The placing of an order for the insertion of an advertisement shall amount to an acceptance of the conditions here in terms contained in any continuation sheet attached, which shall also form a part of this contract. Any condition stipulated on an Agency's Order form or elsewhere by an agency or an advertiser shall be void so far as they are in conflict with the above. No cancellation shall be allowed after the expiry of fifteen days from the date of signing this contract.
BCPL expressly disclaims all warranties of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. BCPL makes no warranty that its product(s)/service(s) will meet applicant's/customer's requirements, or that the product(s)/service(s) will be uninterrupted, timely, secure, or error free; nor does BCPL makes any warranty as to the results that may be obtained from the use of the products(s)/service(s) or as to the accuracy or reliability of any information obtained through BCPL's directory/CD-ROM /website service. Applicants/customers understand and agree that any material and/or data downloaded or otherwise obtained through the use of BCPL's directory/CD-ROM/ website service is done at the applicant's own discretion and risk and that he will be solely responsible for any damage to computer system or loss of data that results from the download of such material and/or data. BCPL makes no warranty regarding any goods or services purchased or obtained through any of its products/services or any transactions entered into through such services. No advice or information, whether verbal or written, obtained by the applicant/customer from BCPL or through our directory/CD-ROM/website shall create any warranty not expressly made herein.
The applicant/customer assumes sole responsibility in the business or profession designated and further warrants he (if) is the owner of and entitled to use or duly authorized by the owner or entitled to use the copy cuts and illustration and any trade work services, brand names, trademarks and trade name which may be specified for use in the activities associated. The applicant agrees to notify BCPL in writing or any as such in honourship of authorization. The applicant agrees to defend, indemnify and keep BCPL harmless from all claims, losses and judgements which arise from or which are claimed to have arisen from the use of such copy cuts, illustrati on, marks and names and Directories together with expense, attorney fees and court costs incurred by BCPL.
The applicant/customer assumes sole responsibility for protection of its copyright if any writing, pictorial illustration, design format photograph, advertising matter or its combination thereof included in the advertisement.
The claim for damages against BCPL if any, shall in no case exceed the amount paid by the applicant/customer.
The contract is only between BCPL and applicant/customer mentioned overleaf.
In case of any disputes the courts in the city of Bangalore City (India) only will have jurisdiction.
The agreement is subject to Force Majeure clause.
All correspondence should be addressed to "Bluebay Communications Private Limited, 51, Taura House, St. John's Road, Bangalore 560042, India." by quoting the Advertisement Booking Contract no. & date as mentioned overleaf.
