1. Scope of the Terms and Conditions:

1.1. This page (together with the documents expressly referred to on it) tells you (Customer) information about us (MARSH COMMERCIAL CC T/A 24ʰʳMEDIA ) and the legal terms and conditions (Terms) on which MARSH COMMERCIAL CC T/A 24ʰʳMEDIA supplies any of the products (Products) listed on the website 24media.co.za.

1.2. These Terms will apply to any contracts between MARSH COMMERCIAL CC T/A 24ʰʳMEDIA and Customer for the sale of Products concluded (Contract) to the exclusion of any other terms that Customer seeks to impose or incorporate, or which may be implied by trade, custom, practice or course of dealing (except where MARSH COMMERCIAL CC T/A 24ʰʳMEDIA has given its prior written consent). Any further correspondence between MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  and Customer, will have no impact on the Terms of the contract.

1.3. To the extent there is any inconsistency between the provisions of these Terms and the provisions of any other documents issued by MARSH COMMERCIAL CC T/A 24ʰʳMEDIA which are contained on the Website or otherwise made available to Customer, the provisions of these Terms shall prevail.

1.4. Customer should read these Terms carefully and make sure they understand them before ordering any Products from MARSH COMMERCIAL CC T/A 24ʰʳMEDIA . Customer should print a copy of these Terms for future reference.

1.5. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA may amend these Terms from time to time. Every time Customer wishes to order Products, they should check these Terms to ensure they understand the terms which will apply at that time. These Terms were most recently updated in November 2024.

2. Information about MARSH COMMERCIAL CC T/A 24ʰʳMEDIA

2.1. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA Ltd is a company registered in South Africa under company number 1987 / 005642 / 23 with its registered office at Unit 13, Park Edge Mews, Link Way, Edgemead, Cape Town, South Africa.

2.2. To contact MARSH COMMERCIAL CC T/A 24ʰʳMEDIA , please refer to the Contact page .

3. How the Contract is formed between MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  and Customer

3.1. Customer is advised to read MARSH COMMERCIAL CC T/A 24ʰʳMEDIA Terms and Conditions and Privacy Policy prior to placing any order.

3.3. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  order process allows Customer to check and amend any artwork provided before print process begins. Customers should take the time to check all artwork.

3.5. The Contract between Customer and MARSH COMMERCIAL CC T/A 24ʰʳMEDIA shall only be concluded after the Print-Ready or Approved (by the Customer) Artwork (defined in condition 5.1 below) has been transmitted by Customer.

4. Status of Customer

4.1. For the purposes of these Terms, Customer shall be deemed to be purchasing as a business if it enters into the Contract, and/or it is purchasing Products which are not of a type ordinarily supplied for private use or consumption.

4.2. If Customer is purchasing as a consumer:

4.2.1. Customer may only purchase Products from MARSH COMMERCIAL CC T/A 24ʰʳMEDIA if Customer is at least 18 years old; and

4.2.2. Customer has legal rights in relation to any Products that are faulty or not as described. Customer can obtain advice about their legal rights from the Western Cape Office of the Consumer Protector. Nothing in these Terms will affect these legal rights

4.3. If Customer is purchasing as a business:

4.3.1. Customer confirms it has the authority to enter into binding agreements with companies such as MARSH COMMERCIAL CC T/A 24ʰʳMEDIA; and

4.3.2. Customer acknowledges and agrees that these Terms and any document expressly referred to in them constitute the entire agreement between MARSH COMMERCIAL CC T/A 24ʰʳMEDIA and Customer. Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of MARSH COMMERCIAL CC T/A 24ʰʳMEDIA which is not set out in these Terms or any document expressly referred to in them.

5. Content of the Order and Proof Requirements

5.1. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA completes all orders solely on the basis of print data and information (Artwork) submitted by Customer. Customer must ensure it has read and understood its responsibilities contained in these Terms.

5.2. Customer must check the Artwork carefully against the Format Requirements before submitting to MARSH COMMERCIAL CC T/A 24ʰʳMEDIA. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA will not review any Artwork for compliance with the Format Requirements or otherwise for any typographical errors.

5.5.Where MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  has produced a proof for Customer, Customer acknowledges and accepts that such proof is merely illustrative of the final product to be produced by MARSH COMMERCIAL CC T/A 24ʰʳMEDIA and MARSH COMMERCIAL CC T/A 24ʰʳMEDIA shall have no liability to Customer for slight variations in the final Product from the proof supplied.

5.6.Where MARSH COMMERCIAL CC T/A 24ʰʳMEDIA has produced a proof for Customer pursuant to performing a Superior Artwork Check or Proof on the Artwork, Customer acknowledges and accepts that such proof is merely illustrative of the final product to be produced by MARSH COMMERCIAL CC T/A 24ʰʳMEDIA and MARSH COMMERCIAL CC T/A 24ʰʳMEDIA shall have no liability to Customer for slight variations in the final Product from the proof supplied.

5.7. If/when MARSH COMMERCIAL CC T/A 24ʰʳMEDIA performs either the Standard Artwork Check MARSH COMMERCIAL CC T/A 24ʰʳMEDIA discovers that the Artwork supplied by Customer is defective or does not comply with the Format Requirements, MARSH COMMERCIAL CC T/A 24ʰʳMEDIA will notify Customer and request that the Customer provides corrected Artwork.

5.8. In the event that Customer notifies MARSH COMMERCIAL CC T/A 24ʰʳMEDIA that it wishes to proceed with the order without correcting any defects in the Artwork, or amending such Artwork so it complies with the Format Requirements, Customer does so at its own risk.

5.9. If additional costs arise due to the inaccuracy of the Artwork, these will be borne by the Customer.

5.10. Where Customer has not submitted Artwork in CMYK mode in accordance with the Format Requirements, MARSH COMMERCIAL CC T/A 24ʰʳMEDIA shall be entitled to convert the Artwork to ensure it complies with the Format Requirements. In these circumstances, the liability for any resulting colour deviations lies solely with the Customer. By transmitting the Artwork in any other mode than the specified CMYK mode, the Customer acknowledges and agrees that the conversion is carried out at Customer’s own risk.

5.11. For the avoidance of doubt, MARSH COMMERCIAL CC T/A 24ʰʳMEDIA will not accept any responsibility or liability for any colour variations, irregularities or other defects whatsoever of the Products ordered by Customer which are caused as a result of Artwork not complying with the Format Requirements, including (but not limited to) graphics and images, colours and colour mode, cut, fonts and lines.

5.12. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA reserves the right to refuse any orders and/or terminate any Contracts where the transmitted Artwork contains defamatory, pornographic, fascist, racist, radical content or any other material which is obscene, offensive, hateful or inflammatory.

5.13. After the Contract is formed, Customer shall only be entitled to make changes to the order provided Customer remains liable for any additional costs incurred by MARSH COMMERCIAL CC T/A 24ʰʳMEDIA in making such changes.

6. Rights of revocation and exclusions to revocation in consumer contracts

6.1. Right of revocation for delivery of goods (single or multiple orders) not manufactured according to customer specifications and delivered in one (or more) consignments.

Revocation policy

You have the right to revoke this contract within 14 days without giving reasons.

The revocation period shall be 14 days from the day on which you or a third party nominated by you who is not the carrier took possession of the goods.

To exercise your right of revocation, you must inform us

MARSH COMMERCIAL CC T/A 24ʰʳMEDIA

Unit 13, Park Edge Mews

Link Way

Edgemead, Cape Town

South Africa

by means of a clear email regarding your decision to revoke this contract.

To observe the revocation period it shall be sufficient for you to send the notification of the exercising of the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you revoke this contract, we shall refund you all payments that we have received from you, minus appropriate expenses incurred by us to produce the order. We shall effect this repayment by bank transfer only. We will withhold the repayment until we have received the goods back.

You must send back or transfer the goods immediately and in all cases no later than 14 days from the date on which you notify us of the revocation of this contract to MARSH COMMERCIAL CC T/A 24ʰʳMEDIA at Unit 13, Park Edge Mews, Link Way, Edgemead, Cape Town, 7441. This deadline shall be considered met if you send the goods before the expiry of the period of 14 days. You shall bear the costs of returning the goods.

Special Note

Your right of revocation shall expire prematurely if at your express request we start the execution of the contract before the expiry of the revocation period.

6.2. Right of revocation for delivery of multiple goods not manufactured according to customer specifications and delivered in multiple consignments

The right of revocation shall not exist for distance sales contracts

– for the supply of goods which are not prefabricated and the production of which is determined by an individual choice or decision of the consumer or which are clearly tailored to the personal needs of the consumer.

7. Communication

7.1. Applicable laws require that some of the information or communications MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  send to Customer should be in permanent form and for this purpose, MARSH COMMERCIAL CC T/A 24ʰʳMEDIA shall confirm such information to Customer by email, which Customer accepts is a permanent form of communication.

7.2. Customer shall provide an e-mail address for communications between MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  and Customer. Customer shall ensure such email address is valid and functioning. In particular, Customer shall ensure that the settings of the spam filter on its e-mail account allows the receipt by Customer of e-mails sent by MARSH COMMERCIAL CC T/A 24ʰʳMEDIA.

7.3. In the case of Customers purchasing as a business:

7.3.1. Customer acknowledges and agrees that this e-mail address shall be stored by MARSH COMMERCIAL CC T/A 24ʰʳMEDIA and used in respect of any future orders received from the Customer until revoked or modified by the Customer;

7.3.2. any notice or communication sent by MARSH COMMERCIAL CC T/A 24ʰʳMEDIA to Customer, or by Customer to MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  will be deemed received and properly served (i) immediately when posted on the Website (ii) in the case of e-mails, 24 hours after an e-mail is sent.

8. Price of the Products and Delivery Charges

8.1. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA takes all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto our software. However, if MARSH COMMERCIAL CC T/A 24ʰʳMEDIA discovers an error in the price of Products(s) ordered by Customer, condition 8.5 will apply.

8.3. Prices for the Products may change from time to time, but changes will not affect any order which MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  has confirmed.

8.4. The price of the Products includes packaging but excludes shipping.

8.5. It is always possible that, despite MARSH COMMERCIAL CC T/A 24ʰʳMEDIA’s best efforts, some of the Products offered may be incorrectly priced. If MARSH COMMERCIAL CC T/A 24ʰʳMEDIA discover an error in the price of the Products Customer has ordered, MARSH COMMERCIAL CC T/A 24ʰʳMEDIA will inform Customer of this error and MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  will give Customer the option of continuing to purchase the Product at the correct price or cancelling the order. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  will not process Customer’s order until it has received Customer’s instructions. If MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  is unable to contact Customer using the contact details Customer provided during the order process, MARSH COMMERCIAL CC T/A 24ʰʳMEDIA will treat the order as cancelled and notify Customer in writing. If the pricing error is obvious and unmistakable and could have reasonably been recognised by Customer as a mispricing, MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  do not have to provide the Products to Customer at the incorrect (lower) price.

8.6. The Customer will be charged additionally for any subsequent changes requested by the Customer, including if this request results in machine downtime or additional production costs in the event of a complete or partial cancellation (except if the cancellation is pursuant to the consumer’s rights under condition 6). Additional charges are also payable if Customer requests repeated samples.

8.8. If Customer obtains a quotation for Products from MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  either by e-mail or phone, this does not constitute an offer by MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  and shall only be valid for a period of 7 days from its date of issue. All quotations are subject to the condition that the order details underlying the quotation at the time of issue remain unchanged, and Artwork to be received from Customer is received within one week of Customer placing the order.

8.9. All prices quoted are for one artwork only and print runs can not be split into multiple artworks / designs.

9. VAT

9.1. The price of the Products automatically includes VAT at the applicable current rate chargeable in the South Africa. However, if the rate of VAT changes between the date of the order and the date of delivery, MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  will adjust the VAT payable by Customer, unless Customer has already paid for the Products in full before the change in VAT takes effect.

9.3. Customers who are registered for VAT purposes must provide to MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  a valid VAT registration number at the time of placing an order. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  is entitled to retain such information and apply this VAT registration number to any subsequent orders until MARSH COMMERCIAL CC T/A 24ʰʳMEDIA is notified by Customer in writing that the VAT registration number is no longer valid.

10. Payment

10.1. Customers should note that MARSH COMMERCIAL CC T/A 24ʰʳMEDIA shall not start production of the Products until payment has been received in full and print-ready or approved artwork has been supplied.

10.2. Accepted payment methods include EFT, cash payment at our office, or card payment using our card machine at our office. No other payment methods or terms shall apply unless expressly agreed with MARSH COMMERCIAL CC T/A 24ʰʳMEDIA in writing.

10.3. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA shall issue a separate invoice for each order placed by Customer.

10.4. In the event that Customer makes a payment in error, it is the responsibility of Customer to notify MARSH COMMERCIAL CC T/A 24ʰʳMEDIA and request MARSH COMMERCIAL CC T/A 24ʰʳMEDIA reimburse such sum. Subject to confirmation by MARSH COMMERCIAL CC T/A 24ʰʳMEDIA that it has received such overpayment, MARSH COMMERCIAL CC T/A 24ʰʳMEDIA shall reimburse the sum to Customer. Where the repayment of any such sum by MARSH COMMERCIAL CC T/A 24ʰʳMEDIA (PTY) LTD is subject to an additional charge, MARSH COMMERCIAL CC T/A 24ʰʳMEDIA shall be entitled to deduct the amount of any charge from the sum to be reimbursed.

11. Delivery and Production

11.1. Delivery is based upon the production time taken by MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  to manufacture the Products and the delivery time to ship the Products to Customer (where applicable).

11.2. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA will ensure the delivery will be as soon as possible after Customer’s order has been accepted and MARSH COMMERCIAL CC T/A 24ʰʳMEDIA has completed the production of the Products.

11.4. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA will advise Customer of the estimated date when the production of the Products shall be completed.

11.5. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA shall not commence production on the Products until it has received payment in full for the Products and it is in receipt of the final Artwork following the completion of any Standard Artwork Check or Proof. Working days are Monday to Friday only.

11.6. Orders will be completed upon collection by the Customer or when MARSH COMMERCIAL CC T/A 24ʰʳMEDIA (PTY) LTD delivers the Products to the address given by Customer during the order process or if Customer selects their own carrier for delivery, delivery will be completed when MARSH COMMERCIAL CC T/A 24ʰʳMEDIA (PTY) LTD hands the Products to Customer’s nominated carrier.

11.7. If Customer is not available at the delivery address, MARSH COMMERCIAL CC T/A 24ʰʳMEDIA’s chosen carrier will leave a note that the Products have been returned to The Carrier’s premises and Customer must contact The Carrier to rearrange delivery. In circumstances where The Carrier has re-arranged delivery and Customer is not available at the delivery address on the agreed date and time to take delivery of the Products, The Carrier shall be entitled (at its discretion) to charge Customer for any additional costs reasonably incurred by The Carrier in attempting to re-deliver the Products.

11.8. The Products will be at the risk of the Customer from completion of order. Customer shall only own the Products once MARSH COMMERCIAL CC T/A 24ʰʳMEDIA has received payment in full for the Products.

11.9. Delivery of the Products shall be performed during normal business hours, being Monday to Friday 8am to 5pm.

11.11. For the avoidance of doubt, MARSH COMMERCIAL CC T/A 24ʰʳMEDIA or The Carrier shall not be liable for any delay in delivery of the Products that is caused by an Event Outside the Control of MARSH COMMERCIAL CC T/A 24ʰʳMEDIA, The Carrier or Customer’s failure to provide MARSH COMMERCIAL CC T/A 24ʰʳMEDIA (PTY) LTD with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.

12.. Event Outside the Control of MARSH COMMERCIAL CC T/A 24ʰʳMEDIA or The Carrier

12.1. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA or The Carrier shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by an Event Outside the Control of MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  or The Carrier. An Event Outside the Control of MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  or The Carrier is defined below in condition 12.2.

12.2. An Event Outside the Control of MARSH COMMERCIAL CC T/A 24ʰʳMEDIA or The Carrier means any act or event beyond MARSH COMMERCIAL CC T/A 24ʰʳMEDIA or The Carrier’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

12.3. If an Event Outside the Control of MARSH COMMERCIAL CC T/A 24ʰʳMEDIA or The Carrier takes place that affects the performance of MARSH COMMERCIAL CC T/A 24ʰʳMEDIA or The Carrier’s obligations under a Contract:

12.3.1. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA will notify Customer as soon as reasonably possible; and

12.3.2. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA’s obligations under a Contract will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside the Control of MARSH COMMERCIAL CC T/A 24ʰʳMEDIA.

13. Warranty

13.1. Where Customer’s Products arrive in a damaged or defective condition, or Customer claims the Products are not as described, Customer must notify MARSH COMMERCIAL CC T/A 24ʰʳMEDIA immediately and, in any event, no later than 14 days following delivery of the Products. Subject to the Customer giving MARSH COMMERCIAL CC T/A 24ʰʳMEDIA a reasonable opportunity to examine such Products, and the Customer (if asked to do so by MARSH COMMERCIAL CC T/A 24ʰʳMEDIA) returning such Products to MARSH COMMERCIAL CC T/A 24ʰʳMEDIA at the Customer’s cost, MARSH COMMERCIAL CC T/A 24ʰʳMEDIA will provide a full replacement only if the defects are determined to have been caused by MARSH COMMERCIAL CC T/A 24ʰʳMEDIA.

13.2.If Customer returns any Products to MARSH COMMERCIAL CC T/A 24ʰʳMEDIA and MARSH COMMERCIAL CC T/A 24ʰʳMEDIA can prove they were not damaged or defective when Customer received them, or are not misdescribed, MARSH COMMERCIAL CC T/A 24ʰʳMEDIA may send them back to Customer, claiming the cost of return postage and no refund shall be due to Customer.

13.3. For the avoidance of doubt, MARSH COMMERCIAL CC T/A 24ʰʳMEDIA shall not be liable to accept any returned Products from Customer in circumstances where the Product is based on Artwork produced by Customer which fails to comply with the Format Requirements stipulated by MARSH COMMERCIAL CC T/A 24ʰʳMEDIA.

14. Liability

MARSH COMMERCIAL CC T/A 24ʰʳMEDIA’s liability if Customer is purchasing as a consumer

14.1. . If MARSH COMMERCIAL CC T/A 24ʰʳMEDIA fails to comply with these Terms, MARSH COMMERCIAL CC T/A 24ʰʳMEDIA is responsible for any loss or damage suffered by Customer that is a foreseeable result of MARSH COMMERCIAL CC T/A 24ʰʳMEDIA’s breach of the Terms or MARSH COMMERCIAL CC T/A 24ʰʳMEDIA’s negligence. Loss or damage will be foreseeable if they are an obvious consequence of MARSH COMMERCIAL CC T/A 24ʰʳMEDIA’s breach or if they were contemplated by Customer and MARSH COMMERCIAL CC T/A 24ʰʳMEDIA at the time the Contract was entered into.

14.2. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA does not in any way exclude or limit its liability for:

14.2.1.death or personal injury caused by our negligence;

14.2.2. fraud or fraudulent misrepresentation;

14.2.3. defective products under the Consumer Protection Act, No.68 of 2008.

MARSH COMMERCIAL CC T/A 24ʰʳMEDIA’s liability if Customer is purchasing as a business

14.3. Nothing in these Terms limit or exclude MARSH COMMERCIAL CC T/A 24ʰʳMEDIA’s liability for:

14.3.1. death or personal injury caused by our negligence;

14.3.2. fraud or fraudulent misrepresentation;

14.3.3. defective products under the Consumer Protection Act, No.68 of 2008.

14.4.Subject to condition 14.3, MARSH COMMERCIAL CC T/A 24ʰʳMEDIA will under no circumstances whatever be liable to Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

14.4.1. any loss of profits, sales, business, or revenue;

14.4.2. loss or corruption of data, information or software;

14.4.3. loss of business opportunity;

14.4.4. loss of anticipated savings;

14.4.5. loss of goodwill; or

14.4.6. any indirect or consequential loss.

14.5. Subject to condition 14.3 and condition 14.4, MARSH COMMERCIAL CC T/A 24ʰʳMEDIA’s total liability to any business Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 200% of the price of the Products.

15. Communications between MARSH COMMERCIAL CC T/A 24ʰʳMEDIA and Customer

15.1. When these Terms refer to “in writing”, this will include e-mail and any messages received via Whatsapp or any other messaging platform.

15.2. If Customer is purchasing as a consumer:

15.2.1. To cancel a Contract in accordance with Customer’s legal right to do so as set out in condition 6 Customer must contact MARSH COMMERCIAL CC T/A 24ʰʳMEDIA in accordance with condition 6.3..

15.2.2. If Customer wishes to contact MARSH COMMERCIAL CC T/A 24ʰʳMEDIA in writing for any other reason, Customer can send this to MARSH COMMERCIAL CC T/A 24ʰʳMEDIA by e-mail [email protected] or phone 021 207 3936.

15.2.3. If MARSH COMMERCIAL CC T/A 24ʰʳMEDIA have to contact Customer or give Customer notice in writing, MARSH COMMERCIAL CC T/A 24ʰʳMEDIA will do so by e-mail.

15.3. If Customer is purchasing as a business, any notice given by Customer to MARSH COMMERCIAL CC T/A 24ʰʳMEDIA , or by MARSH COMMERCIAL CC T/A 24ʰʳMEDIA to Customer, will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this condition shall not apply to the service of any proceedings or other documents in any legal action.

16. Termination

16.1. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA processes personal data in accordance with its Privacy Policy.

16.2. Before sending an Order Confirmation, MARSH COMMERCIAL CC T/A 24ʰʳMEDIA has the right to cancel Customer’s order, if Customer does not deliver Artwork that complies with the Format Requirements within a period of four weeks from date of order.

17. Personal Data

17.1.MARSH COMMERCIAL CC T/A 24ʰʳMEDIA processes personal data in accordance with its Privacy Policy.

17.2. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  will use the personal information provided by Customer to:

17.2.1. supply the Products;

17.2.2. process the payment for such Products; and

17.2.3. . inform Customer about similar products or services that MARSH COMMERCIAL CC T/A 24ʰʳMEDIA provides, but Customer may stop receiving these communications at any time by contacting MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  or by clicking an unsubscribe button.

17.3. Save as set out in condition 17.4 below, MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  does not pass any personal data to any other third party.

18. Archiving

MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  shall not archive Products belonging to Customer (including in particular data and media) without prior written agreement and upon such payment terms as MARSH COMMERCIAL CC T/A 24ʰʳMEDIA shall in its sole discretion determine. Customer shall be responsible for insuring such archived Products.

19. Trade marks / Copyright

The Customer shall indemnify MARSH COMMERCIAL CC T/A 24ʰʳMEDIA against any and all claims, liability, costs losses, damages and expenses arising out of the use by MARSH COMMERCIAL CC T/A 24ʰʳMEDIA of the materials provided to MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  by Customer including (without limitation) the Artwork

20. Other important terms

20.1. . MARSH COMMERCIAL CC T/A 24ʰʳMEDIA  may transfer its rights and obligations under a Contract to another organisation, but this will not affect Customer’s rights or MARSH COMMERCIAL CC T/A 24ʰʳMEDIA‘s obligations under these Terms.

20.2. Customer may only transfer its rights or obligations under these Terms to another person if MARSH COMMERCIAL CC T/A 24ʰʳMEDIA agrees in writing. However if Customer is a consumer and has purchased a Product as a gift, Customer may transfer the benefit of the warranty to the recipient of the gift without needing to ask MARSH COMMERCIAL CC T/A 24ʰʳMEDIA’s consent.

20.3.The Contract is between MARSH COMMERCIAL CC T/A 24ʰʳMEDIA and Customer. No other person shall have any rights to enforce any of its terms. If Customer is a consumer, the recipient of any gift of a Product will have the benefit of MARSH COMMERCIAL CC T/A 24ʰʳMEDIA’s warranty, but MARSH COMMERCIAL CC T/A 24ʰʳMEDIA and Customer will not need their consent to cancel or make any changes to these Terms.

20.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

20.5. If MARSH COMMERCIAL CC T/A 24ʰʳMEDIA (i) fails to insist that Customer perform any of its obligations under these Terms, (ii) does not enforce its rights against Customer, or (iii) delays in enforcing its rights against Customer, that will not mean that MARSH COMMERCIAL CC T/A 24ʰʳMEDIA has waived its rights against Customer or that Customer does not have to comply with those obligations. If MARSH COMMERCIAL CC T/A 24ʰʳMEDIA does waive a default by Customer, MARSH COMMERCIAL CC T/A 24ʰʳMEDIA will only do so in writing, and this will not mean that MARSH COMMERCIAL CC T/A 24ʰʳMEDIA will automatically waive any later default by Customer.

20.6. If Customer is purchasing as a consumer, these Terms are governed by South African law. This means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by South African law. Customer and MARSH COMMERCIAL CC T/A 24ʰʳMEDIA both agree that the courts of South Africa will have non-exclusive jurisdiction.

20.7.If Customer is purchasing as a business, these Terms are governed by South African law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by South African law. Customer and MARSH COMMERCIAL CC T/A 24ʰʳMEDIA both agree to the exclusive jurisdiction of the courts of South Africa.