This performance being offered to you . The Americe , hject to the forewing terms and conditions
- Company mean's Persistent Infotent " Where the context so requires.
- " Advertiser " mean the person , company of other entity that wishes to advertise and avail of the services provided by the company and whose name is set forth adjacent to the tem " Advertiser's Name appearing overleaf.
- The rates mentioned herein are applicable for the transaction alone . The company will have the right to change the advertising rates at any gen poim of time , without notice.
- A ll advertising material collectively " Advertisement supplied by advertiser to the company should either be owned by ar or be legally authored for use by the Advertiser . The Advertisement must not be obscene , offensive or unlawful in any manner and should not contravene any apolkable bws , rules and / or regulations.
- The company will have the sole discretion , of all times , to reject the Advertisement and further does not guarantee any particular position or place.
- The company serves the right to make any modifications , if considered necessary and desirable in an Advertisement
- Unless the company and the Advertiser otherwise agree in writing , the Advertisement ( excluding the trademarks and / or trade name of the Advertiser ) used in preparation of the artworks will be exclusive property of the Company . The Advertiser hereby warrants that the artwork design by the Company in any of its publications will not be reproduced and assigned for reproducing as a whole or in part , without the prior written consent of the company .
- Advertising agency involved in placing the Advertisement for and on behalf of any person , company or entity ( " Ultimate Customer ) assures that it has the authority to modify and / oramend on Advertisement of an Ultimate Customer , in accordance with Advertiser's Instruction without committing any offence or fort . The Advertiser hereby warrants and agrees that it shall indemnity and hold the Company harmless to the extent of the Company arising from or relaxing to publication of the Advertisement .
- The Advertiser hereby represents and warrants that :
* He is the owner of products and / or services that he wants advertised ; and / or
* is duty authorized by the owner to use the Advertisement related copy cuts and illustration ( s ) and any trademarks & trade name which may be specified for use in the Advertisement
- The Advertiser hereby agrees to notify the Company in writing of any change in ownership or authorization as aforesaid , which occurs after the execution of this invoice .
- The Advertiser hereby agrees to defend at its own , indemnify and keep the Company harmless from any infringement claims , losses and judgments which arise from or which are claimed to have arisen from the use of such copy cuts , ilustrations , marks and names and Directories , the Advertisement and / or any Advertisement related material including but not limiting to any third party infringement daims together with expenses , attomey fees and court costs incurred by the company
- The Advertiser assumes sole responsibility and liability for protection of its Intelectual Property right ( s ) in any writing , pictorial ilustration design format , photograph or combination thereof included in the Advertisement .
- In case , due to whatever reason ( s ) if an Advertiser asks for cancellation of Advertisement , 35 % of the amount paid will be deducted by the company as cancellation charge . Additionally on pm - rata basis deductions from the total amount paid by the Advertiser will be done as per the consumption of Advertisement based on the live duration of the given Advertisement vis - à - vis total period booked . 14. Under no circumstances shall the Company or its associates be liable for any direct , indirect , incidental , special , consequential or exemplary damages , ( even if the company has been advised of the poss blity of such damages ) resulting from or in connection with the use of by the Advertiser of any of " SHIK HAR E - SOLUTIONS " India , including but not Imiting to , damage ( s ) for bss of profits , goodwill , use , data or other intangible losses , such limitation shal also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Company , regardless of any negligence arising out of any of its services .
- Without prejudice to the aforesaid , the Company's liability under any circumstances is limited to the amount of fees , if any , paid by the Advertiser to the Company
- In the event of any dispute between the Advertiser and the Company under , in connection with or in relation to this invoice , the same will by adjudicated by the court of competent jurisdiction at Delhi only , and in exclusive of all other courts that may have jurisdiction in the matter .
- This proforma invoice shall be govemed and constructed in accordance with the laws of india without reference to its conflict of laws principals.
- All correspondence to the Advertiser shall be sent address set forth overleaf and all correspondence to the company should be addressed to our resgisterd office