Terms & Conditions
Between the Advertiser and Media Metro (PNG) Ltd, (herein referred as “Media Metro”)
In signing the advertising agreement with Media Metro, the Advertiser agrees to be bound by the specific terms of their OAC agreement, and these terms and conditions listed below.
Payments
1. The advertiser may be required to pay their account in advance until they have proven a satisfactory and timely payment history.
2. For advertisers on credit payment terms, invoicing for the display of advertising will be done as per the description on their OAC agreement and their invoice. If no description of invoice detail and timing is stipulated in the OAC agreement, then monthly invoicing will be provided at the end of each month – or part thereof.
3. Payments are strictly due on the 20th of the month following, unless otherwise stated.
4. If payments are not made by the due date, Media Metro reserves the right to remove the advertising, and or cancel the entire advertising agreement, with 3 days notice.
5. If the advertiser delays payment for more than one month after its due date, then; (a) it may be liable to pay any collection costs, incurred by Media Metro as a result of the advertisers non payment, and or; (b) Media Metro may at its sole discretion and with 3 days notice, cancel the advertising and remove advertisements at the cost of the advertiser, and or; (c) Media Metro (PNG) Ltd, may at its sole discretion, impose interest costs of 10% added to the amount overdue, and compounding each month thereafter, until payments are back at contractual payment terms.
6. The total weekly spend includes a non media component relating to account management, maintenance and electricity fees. Each of these fees will be at market rates and the advertiser agrees to these non media expenses, as being included in the agreed weekly rate.
Media Advertising Disruption
7. Should unforeseen circumstances prevent Media Metro from displaying your advertising at any time during the campaign, Media Metro will reschedule the balance of the contract and the advertising, as soon as circumstances allow. This applies to both static billboard advertising and digital advertising.
Production Charges
8. The production charge covers costs associated with Media Metro producing and/or printing and / or installing the advertising as defined on the front of this agreement in the section headed “Production and Installation Charges”.
Contract Renewal Rights and Auto Renewal
9. The advertiser always receives the first and last option to renew the advertising for a further term, subject to any variations that Media Metro may impose, including any market rate media advertising price change.
10. At least four weeks prior to the end of a contracted term, Media Metro will notify the Advertiser of the renewal terms and provide an OAC agreement for renewal.
11. The advertiser understands and accepts that it must provide written notification back to Media Metro of its desire to renew, or not renew. IMPORTANTLY, this notification must be provided at least two weeks prior to the end of the contracted period, and if Media Metro does not receive notification to either renew or discontinue, at least two weeks prior to the conclusion of the current term, then the agreement will automatically renew for a further term, from the conclusion of the current term and current contract. Invoicing will become monthly and the Advertiser can only then cancel such renewal in line with clause 12 below.
Early Termination by Media Metro
12. Media Metro has the right to terminate a contract or part thereof, at any time without compensation, for reasons including but not limited to, major landowner issues; and redevelopment of the site. Media Metro will provide the advertiser with not less than 10 weeks written notice of such cancellation, AND it will use its best endeavors to offer the advertiser suitable alternative advertising options, on the same, or similar terms.
Early Termination by The Advertiser
13. The Advertiser has the right to terminate the contract, or any part of the contract, without cause, during the term of the agreed contract period, but with not less than 10 weeks written notice. Early cancellations will only be accepted with the notice period and in writing.
14. Where advertising is cancelled prior to the expiry date, any unbilled production charges shall immediately become due and payable in addition to any outstanding media charges.
General
15. This Agreement (which can only be amended in writing) constitutes the entire agreement between the parties and supersedes any written or oral communications that may have taken place prior to the signing of this Agreement.
16. This agreement which constitutes the entire agreement, is binding upon the parties, their successors and assignees. The laws of Papua New Guinea will govern this agreement.