The parties to this agreement are the lessor and the lessee where Adversize is the lessor & the customer is the lessee. The terms of the agreement are as follows:
The conditions of advertising space booking here are stated below, together with the Agreement as set forth on the reverse side of this sheet, constitute a contract between the parties therein named which contract is hereinafter referred to as “this Agreement” The parties to this agreement are the lessor and the lessee, where Adversize will lend the services of providing hoarding/cantilever/gantry/Billboard as mentioned in the order details on selected payment basis, is the Lessor & the customer accepting the services of Lessor for providing the hoarding/cantilever/gantry/Billboard on selected payment basis is the Lessee. The terms of the agreement are as follows:
This Agreement shall commence on the date the Advertisement Flex material is (more fully set out in the Schedule) printed and mounted on advertising space ie. hoarding/cantilever/gantry/Billboard and remain in full force and effect until the fixed period [equivalent to the tenure of the contract that is agreed by the Customer while booking the Product(s)] expires and the, unless terminated earlier or extended pursuant to the flexi tenure policy.
Adversize provides its Customers, an option to opt for flexible tenure ( “Flexi Tenure”) for early closure and/or extension of the term of the Agreement. In case of early closure, the Customer can request for closing the order by informing Adversize, 15 days prior to the closure date. Adversize provides its Customer with different monthly rental rates depending on the tenure of the Agreement at the time of order placement. In the event of early closure, the difference in monthly rental amount shall be calculated as per the monthly rental rates between Agreement tenure (the tenure selected at order placement) and Actual tenure served (effective tenure at early closure) will have to be paid.
The amount due will be calculated as: (Actual tenure rent - Contract tenure rent) * No. of months of Actual tenure. The applicable tenure rates for early closure are: Upto 3 month's: Full 3 month's rental due 0-3 month’s: 1 month’s booking cost 3-6 month's: 3 month's booking cost 6-9 month's: 6 month's booking cost 9-12 month's: 9 month's booking cost 12-18 month's: 12 month's booking cost Similarly, the contract for your order/one or more items from the order can be extended for the desired period by notifying us 15 days prior to the end of the contract.
For extension of the term beyond the Agreement tenure by the Customer, the monthly rate applicable at the time of extension shall be followed for calculation of rental amount for the extension period. Any extension or early closure shall be done through mailing to the authorized firstname.lastname@example.org and such extension or early closure shall be deemed to be pursuant to this Agreement. Adversize reserves the right to revise the rental rates any time at its sole discretion.
The invoice shall be raised by Adversize on the day image update of your advertisement on Hoardings has been sent and the due date for payment shall be the next 7 days. The advertisement will be removed after seven days if the customers fails to pay for the first month. Customer will have 7 days to pay for every consecutive month. Customer shall pay the rental charge as per the invoice raised and mailed to the Customer’s registered e-mail address. The Customer shall make all payments to Adversize only. Adversize shall not be liable for any payment made to any broker/third party by the Customer. Adversize reserves the right to share information with credit rating agencies pursuant to Clause 15 of this Agreement. The Customer hereby agrees that non- payment of rental dues, late fees, asset value leased and any other non-payment, may affect the credit rating of the Customer and Adversize shall not be liable for any claim from the Customer for sharing such information with credit rating agencies. Payment made beyond the Due Date shall incur a late fee. Late fees shall be levied on the rental due amount only. The late fees shall be applied three times each month; 10% on the 8th day of the month, another 5% on the 15th day of the month and another 5% on 25th day of the month, the late fees shall be applied only on the pending amount. In case the Products are delivered any time during the month, the first month shall be calculated on a pro-rata basis from the date of delivery until the last day of the first month.
The Customer shall pay a confirmation deposit ( “Confirmation Deposit”). The confirmation Deposit shall not carry any interest for the entire tenure. The confirmation Deposit shall be consisting of printing, mounting cost, service charge and 7 days booking amount which will vary between 10 to 40% based on cost and tenure of the campaign.
On receipt of the order and the confirmation Deposit, Adversize shall confirm the order with the Customer by sending a confirmation to the registered e-mail address of the Customer. In the event, any product selected by the Customer is unavailable, Adversize shall inform the same to the Customer. Adversize reserves the right to replace any product selected by the Customer in the event of unavailability. The Customer shall be provided with an option to either accept or deny such substitution at the time of confirming the order. Mere payment of the Confirmation Deposit shall not be considered as the valid contract. In the event, the Customer does not accept the substitute Product, Adversize shall refund the Confirmation Deposit paid by the Customer as per Clause 4 of this Agreement.
The order raised by the Customer shall be processed subject to successful verification of the Customer and serviceability of the Customer location as per Adversize Policy. In case the customer verification is not successful, or the location is not serviceable by Adversize, Adversize reserves the right to reject the Customer’s order any time prior to execution, at its sole discretion without assigning any reason even after successful verification or serviceability of the location. In the event the order is rejected by Adversize, the Confirmation Deposit paid by the Customer shall be refunded to the Customer as per Clause 4 of this Agreement.
On confirmation of the order by the Customer, Adversize shall start executing the order by printing and mounting of the advertisement material. Adversize shall inspect the printing quality and ensure that the Advertising space is in good condition before the execution of the order by Customer. The Customer or its appointed representative shall inspect the print quality or Advertising Space for any damage and quality during the time of execution. In case any Advertising Space or printed material is damaged during transit or before mounting, Adversize shall replace the same at its own cost and in case a replacement is not required, such damage shall be noted in the execution receipt and a photo of the same shall be taken for record. In case any claim of damage is brought against the Advertising space after the acceptance of delivery by the Customer, Adversize shall not be responsible towards relocating the Advertising location or print material and shall levy a damage to be ascertained as per the damage policy below.
The Customer hereby agrees that any damage caused to the advertising material or theft (including disappearance) or loss, shall be liable towards repair and replacement cost of the printing and mounting.The extent of damage will be ascertained by comparing against the quality control document and the photographs taken on first day of campaign and the damaged day.
Adversize offers a advertising material damage waiver benefit to its Customers, who complete a minimum term of 6-12 months, 13-18 months respectively. The damage waiver amount will be 50% of the replacement cost (printing and mounting) associated with that location. The damage waiver benefit provided is subject to timely payment of all dues within the Due Date by the Customer.
In the event, the Customer does not wish to extend the rental period beyond the Agreement date, the Agreement shall terminate on last day of the rental term. 1. default of payment of rental dues or any other payment dues by the Customer; 2. breach of any of the terms of this Agreement.
Consequences of termination: 1. Adversize shall have the right to take possession of the services delivered to the Customer immediately. 2. Any payment pending from the Customer shall become payable immediately to Adversize. 3. The Confirmation Deposit paid by the Customer shall not be refunded to the Customer post the printing and mounting of the advertisement on Ad Space, as per clause 4 of this Agreement.
The Customer shall indemnify, defend and hold Adversize harmless from and against any claim, demand, cause of action or loss or liability (including, but not limited to, attorneys’ fees and costs) for any Advertisement material and AdSpace damage by any cause, except to the extent such is caused by Adversize negligence or willful misconduct. The provisions of this clause shall survive the termination of this Agreement with respect to any claim or liability accruing before such termination. In no event shall Adversize be liable for any direct, indirect, special or consequential loss or damage arising out of Services delivered to Customers.
Adversize reserves the right to inspect the Printing material and Ad Spaces during the term of the Agreement. Adversize shall provide inspection to check the status of Advertisement spaces time to time and update it to the Customer through images which would be shown under Live Campaign option on the platform. The Customer shall ensure that the images are received and seen by clicking the image.
The Customer shall not assign or transfer any interest in this Agreement or the Services without the written consent of Adversize. Any such transfer or assignment shall be considered as illegal and hence a violation of the terms of this Agreement. Adversize reserves the right to assign this Agreement, to any third party (including credit rating agencies, factoring agents and NBFC) without prior notice to the Customer.
NOT WITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT Adversize’S TOTAL LIABILITY TO CUSTOMER SHALL NOT EXCEED THE TOTAL AMOUNT OF 1 (ONE) WEEK RENT
Adversize reserves the right to cancel the orders completely or partially without prior information & in such scenarios the complete deposit amount paid will be refunded within 7 working days. Any current/future orders placed by the Customer has no connection with any of his/her previous orders.