1. DUG-ADS COMPANY (PTY) LTD (hereinafter referred to as the “the Company”) will as soon as reasonably possible upon acceptance of the order as set out above manufacture display panels in accordance with specifications contained in Schedule “B” above for and on behalf of the advertiser. Part of the manufacturing costs, as set out in this Agreement under the heading “costs and pricing” shall be paid by the advertiser prior to commencement. Should the advertiser thereafter during the currency of this Agreement, or extension thereof, desire new display panels to be manufactured to replace those previously used, then the cost of replacing such display panels shall be borne by the advertiser. However, in the event that any display panels are damaged due to circumstances beyond and outside the control of the advertiser the Company shall replace such display panels free of charge.

2. The display panels shall remain the property of the Company and only the Company will be able to relocate the panels or the structure to which they are affixed.

3. The said display panels shall be exhibited for the period as set out in Schedule “A”, under the heading “Costs & Pricing” and on the sites as set out under Schedule “B” above.. No advertising material shall be accepted and displayed which is offensive in any way or contra bonis mores. It is agreed that the Ads signs will be placed on the Dugouts, which Dugouts will be located on the sports grounds of the school/s as listed in Schedule “B” above.

4. This Contract is subject in all respects to the conditions under which the Company holds its rights to display advertising signs on/at the sites referred to in Schedule “B”. The Company shall not be liable for damages whether consequential or otherwise, whether in delict or in contract or otherwise for any restriction imposed upon it by the persons or authorities who have granted to it the right to display advertisings material on its sites or for any omission or error in the advertisement itself made by the Company. The advertiser has not now and will not in future make any claim against the Company in respect of damages whether consequential or otherwise, arising from these or any other causes whatsoever.

5. The Company will make every effort to carry out his Contract but reserves to itself the right to cancel this Contract or any part thereof in the event of it being unable to carry out the terms thereof for any reason whatever. In the event of such cancellation, the Company shall refund to the advertiser that portion of the advertising/rental costs received in advance by the Company less an amount representing the pro rata share of such advance advertising costs/rentals calculated on time for the period during which the said Display Panels were actually on exhibition as aforesaid. A certificate issued by the Company stating such period shall be conclusive and final and binding upon the parties hereto.

Save as aforesaid, no liability will attach to the Company in the event of the termination of the Contract by it.

6. Subject always to the provisions of paragraph 5 above where exhibition of the advertisers Display Panel is suspended by the consent of the parties or in terms of this Contract the period of suspension shall be added to the duration of the Contract.

7. For a period of *36 months from date of commencement hereof, the Company shall be responsible for the exhibition of the Display Panels in accordance with this agreement, for the maintenance and upkeep thereof in proper order and condition and, within a reasonable time of being advised thereof, shall replace any damaged Ad sign/s at the cost the Company. Thereafter the cost of repairing and maintaining Display Panels shall be at the expense of the advertiser. In the event of the Display Panel being broken or damaged, the Company shall be entitled at its option either to repair or replace the said Display Panel, subject to the terms and conditions of paragraph 6 above, or to cancel this Contract in terms of paragraph 5 above. In the event of the Company repairing or replacing a damaged sign within 10 (TEN) working days of notification, it shall not be obliged to give any credit for the period the sign was damaged or not displayed.

8. The advertiser shall not be entitled to cede, assign, or delegate his / its rights and obligations under these presents without the written consent of the Company first having been had and obtained.

9. The advertiser shall pay to the Company its charges for the exhibition of the said Display Panel(s) at the rates as set out and agreed above in Schedule “A”. The said charges shall be payable to the Company into its nominated bank account commencing from date of erection.

10. The parties’ consent to the jurisdiction of the Magistrate’s Court in respect of any proceedings arising out of this agreement. No previous extension of time or other indulgences granted by the Company to the advertiser shall be deemed to constitute a waiver of the Company’s rights hereunder.

11. This written Contract contains all the terms and conditions of the Contract, and no warranties, representations or variations shall be of any force and effect unless contained herein, or reduced to writing by both parties, and accordingly signed by both parties.

12. In the event of the Company having to instruct Attorneys as a result of any default by the advertiser, the advertiser hereby agrees and undertakes to pay all of the said Attorney’s charges on an Attorney and own Client scale together with collection charges and interest on any monies outstanding at the maximum interest rate allowed in law.

13. The whole contract price due and payable by the advertiser to the Company in terms of this agreement is the monthly instalment as set out in Schedule “A” multiplied by the number of months of the contract term. No escalation to the advertising costs shall be applied. The advertiser will pay the rental reflected in Schedule “A” monthly in advance on the first day of each and every month commencing on the commencement date. All rentals due in terms of this Contract shall be paid by banker’s debit order in advance upon such date as nominated by the Company each and every month without deduction of whatsoever nature. Should any rental instalment not be paid on the due date thereof, any such outstanding amount shall accrue interest at the rate of 10% (TEN PERCENT) above prime lending rate of the Company’s bankers from time to time, from date of default until date of payment thereof.

14. This Contract shall commence on the commencement date and shall continue for a period of *12 months (“the initial period”). Thereafter the Contract shall automatically be renewed for a further indefinite period, but subject to either party giving 3 (THREE) calendar months written notice of termination. The monthly rental payable shall escalate on each successive anniversary of the commencement date by an amount agreed upon in advance. 

15. The person signing this agreement binds himself / herself as surety and principal debtor with the advertiser for the due fulfilment of he advertiser’s obligations in terms hereof and further waives the benefits of excursion and division and of the legal exceptions non numerate pecuniae and non causa debiti and acknowledges himself / herself to be fully acquainted with the meanings of these terms.

16. The advertiser and the Surety chooses the address in Schedule “A” above as their domicilium citandi et executandi for the service upon them of all Notices and processes arising out of this Agreement.