Terms and Conditions

Digital Ts&Cs

By accessing Smart-Energy.com web pages, you agree to the following terms. If you do not agree to the following terms, please notice that you are not permitted to use the site.

The content of this website is only for general information and use, and does not constitute any form of advice, recommendation or arrangement by Spintelligent (PTY) Ltd, and in particular, should not be used by the user to make any financial, investment or other decisions.

These decisions should only be made once appropriate independent advice has been obtained. Any arrangement between you and any third party listed on this website is at your sole risk and responsibility.

The contents of this website are copyrighted by Spintelligent (PTY) Ltd. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of Spintelligent (PTY) Ltd is prohibited.

Spintelligent (PTY) Ltd provides all information and services on this website on an 'as is', 'with all faults' and 'as available' basis. To the extent allowed by law, Spintelligent (PTY) Ltd hereby disclaims all warranties, conditions or duties of every nature whatsoever (except duties of good faith). In addition, Spintelligent (PTY) Ltd makes no warranty that the website services are free from infection of viruses or anything else that has contaminating or destructive properties.

To the full extent allowed by applicable law, you agree that Spintelligent (PTY) Ltd will not be liable to you and/or any third party for any consequential or incidental damages, or for any indirect, special or punitive damages whatsoever that arise out of or are related to the website or its services and information.

You agree that your only recovery for any damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur in reasonable reliance on the applicable site services up to the limit of the actual amount paid to Spintelligent (PTY) Ltd (if any) in total during the month the damage is first incurred, or at the sole discretion of Spintelligent (PTY) Ltd, the correction of replacement of the service.

Spintelligent (PTY) Ltd does not and cannot review all the content posted by users on this website and is not responsible for such content. Spintelligent (PTY) Ltd may at any time at its discretion remove any content posted by users.

By submitting material to this website or any of Spintelligent (PTY) Ltd servers (e.g by e-mail), you agree that: (a) the material will not contain any item that is unlawful or otherwise unfit for publication; (b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; and (c) you own the material or have the unlimited right to provide it to us and Spintelligent (PTY) Ltd may publish the material free of charge and/or incorporate it or any concepts described in it in our products or services without accountability or liability (d) you agree not to take action against us in relation to material that you submit and you agree to indemnify us if any third party takes action against us in relation to the material you submit.

The website contains links to other world wide web sites provided by independent third parties, either directly or through frames. Spintelligent (PTY) Ltd is not responsible for availability or content of such third party sites, and will not be party to, or in any way responsible for, any transaction concerning goods or services available from such third party sites.

The terms and conditions of this disclaimer shall be governed by, and construed in accordance with South African law. The user irrevocably agrees that the courts of South Africa shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the South African courts.

Print Ts&Cs

All copy & images for advertisements, editorials & front covers are subject to the approval of Spintelligent (PTY) Ltd, who reserve the right to decline or cancel any advertisement / content / front cover even if ordered and paid for without stating any reasons therefore, and/or make modifications necessary to any advertisement / content / front cover in order to maintain the publication’s standards. This includes placing the word ‘ADVERTISEMENT’ in advertising copy that simulates the editorial format.

Every effort will be made to avoid errors, but no responsibility will be accepted for any mistakes that may arise in the course of publication of any advertisement. These mistakes are taken to include non-insertion, insertions other than those ordered and errors and omissions within the advertisement. Spintelligent (PTY) Ltd accepts no responsibility for slight variations in colour on advertisements.

No responsibility will be accepted for loss or damage to copy, artwork or photographs supplied.

Advertisers must ensure that the content of the advertisement complies with all legal requirements. The advertiser shall further indemnify Spintelligent (PTY) Ltd in respect of any claims, costs and expenses that may arise from anything contained within the advertiser’s advertisement and published on the advertiser’s behalf.

No guarantee is given that advertisements will be placed in any specified position on any specified page, unless the appropriate surcharge has been contracted and written agreement has been entered into.

It is the advertiser’s responsibility to supply suitable material to Spintelligent (PTY) Ltd within the deadlines stated on the advertisement confirmation letter. If material is not forthcoming, Spintelligent (PTY) Ltd reserves the right to repeat old material, or to charge the client for the advertisement without it appearing. Advertising material must be supplied in digital format, as stipulated by Spintelligent (PTY) Ltd.
Spintelligent (PTY) Ltd accepts no responsibility for advertisements that are supplied without a colour proof.

The advertiser agrees to pay standard production rates for any additional work required to make digital material press-ready, including converting open files, or resizing advertisements. Any alterations to material will be charged. Should an advertising agency be contracted to manage direct bookings, the value of the initial booking may not be diminished

Cancellation. It is recorded that this Agreement, once signed by the parties, is final and binding.Therefore, in the event that the Advertiser(s) wish to cancel placement, the Advertiser(s) may request and Spintelligent (PTY) Ltd may grant such cancellation, subject to the following conditions:
a. Any request for cancellation must be in writing and addressed to Spintelligent (PTY) Ltd;
b. Spintelligent (PTY) Ltd will not be required to refund any monies paid by the Advertiser(s);
c. Any fees which are due and payable as at the date of the request for cancellation will remain due and payable;
d. If cancellation is prior to 30 days before the publication date a 50% cancellation fee is applied
e. If cancellation is post 30 days to the publication date a 100% cancellation fee is applied.

Payment terms are 30 days from date of invoice (45 days in the case of a registered advertising agency). Agencies forfeit all commissions if unpaid after 60 days from date of invoice. Interest at the maximum rate permissible by law will be levied on all overdue accounts.In the event of legal action being instituted for recovery of any amounts owing by the advertiser, the advertiser will be liable for all costs, including costs on the attorney-client scale.

For online campaigns (including newsletters & HTML mailers), date changes are available up to 20 days prior to the campaign date.- Should the Advertiser not advise Spintelligent (PTY) Ltd at least 20 days prior that they are unable to meet the given deadline & want to move their campaign date; the Advertiser will be invoiced for the booking.
- Thereafter the Advertiser will have 30 days in which to supply Spintelligent (PTY) Ltd with material, and their campaign will be run subject to availability. Failing this, the Advertiser forfeits the booking, with payment still due.

The person entering into this agreement on behalf of the advertiser warrants that they are duly authorised to act on behalf of the advertiser, and further bind themselves as surety and co-principal debtor for the due performance by the advertiser, and the due fulfillment and compliance of the terms and conditions of this agreement, and renounce
the right of exclusion and division.

SERVICE CHARGE. Will be added at 6% for administration fees and advertising processing charge.

The placing of an order or contract for insertion into the magazine, whether in writing or by verbal or telephone instruction will be deemed an acceptance of each and all of the above conditions.