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ADVERTISING SERVICES AGREEMENT 

MESTON GROUP (PTY) LTD (COMPANY REGISTRATION: 2016/216613/07)

  1. The parties to this Advertising Services Agreement (“Agreement”) are: 

1.1 Meston Group (Pty) Ltd (Registration Number: 2016/216613/07) (“Meston”); and

1.2 The customer named in the prefixed Customer Information Form (“the Customer”).

  1. Meston undertakes to digital advertising for the marketing and sale of the Customer’s immovable property for a period of 6 months (“Services”) as provided for in an order and quotation for the period agreed by the parties in writing. These Services shall include, but not be limited to:

2.1 the digital marketing of the Customer’s property;

2.2 a valuation of the Customer’s property;

2.3 if required, drone footage of the Customer’s property.

  1. The person who signs this Agreement on behalf of the Customer warrants that he/she is duly authorised to enter into this Agreement, where applicable.
  1. The Customer shall pay to Meston:

4.1 the amounts as quoted in Meston’s accepted quote for the work monthly, or as agreed; plus

4.2 Meston’s prevailing usual charges from time to time, calculated at the rate per hour or part thereof, for work required by the Customer in addition to the accepted quote as agreed in writing by the parties. 

  1. Subject to the payment of any deposit alternatively the signing of a debit order which might be called for in the quotation, payment of all accounts to be made by the Customer without deduction, set-off or demand, upon presentation of Meston’s invoice. 
  1. In the event that the Customer’s property is sold any time before the expiry of the 6 month term, the Customer shall be liable for the Services until the expiry of 6 month term.
  1. The Customer shall allow the employees and/or authorised representatives of Meston reasonable access to the Customer’s property to enable Meston to perform the Services provided for in the quotation properly and timeously.
  1. Meston undertakes to attend to the quoted Services for the Customer during normal business hours, unless it is specially agreed in writing between the Customer and Meston that the Services will be performed outside of normal business hours. 
  1. Should the Customer have specific instructions pertaining to the Services, the Customer shall be required to specify same in a written order form prior to Meston quoting or they shall otherwise be agreed in writing between the parties.  
  1. The Customer agrees to the jurisdiction of the Magistrate’s Court in respect of any legal proceedings arising out of the performance of Services by Meston, or other damages which may arise as a result of the breach by the Customer of this Agreement, notwithstanding that such claim would otherwise be beyond the jurisdiction of the Magistrate’s Court. This shall not in any way prevent Meston from taking action against the Customer in the High Court or any other competent Court which has jurisdiction.
  1. In the event of Meston instituting legal action for the recovery of any monies due to it, the Customer shall be liable for all costs incurred on the scale as between attorney and own client, including collection commission and any other charges, including tracing charges.
  1. The Customer chooses its domicilium citandi et executandi at the physical address contained in the prefixed Customer Information Form. Any change in either party’s domicilium shall have no effect unless reduced to writing and delivered to the other party.
  1. A certificate of balance signed by any authorised representative of Meston showing the amount of the Customer’s indebtedness to Meston at the date of that certificate will be:-

13.1 prima facie proof of the amount owing; and

13.2 shall be binding on the Customer in any proceedings instituted against the Customer by Meston for judgment or provisional sentence and shall be a liquid document for the purposes of such proceedings.

  1. The Customer acknowledges that no variation to or consensual cancellation of this Agreement will be valid unless reduced to writing and signed by both parties.
  1. Should the Customer elect to cancel this Agreement, alternatively the property sold before the expiry of the 6 month term, the Customer shall be liable for the following:

15.1 the full balance outstanding in terms of the agreed quote (expiry of the 6 month term);

15.2 any further amounts as agreed between the parties in writing.

  1. The Customer consents to Meston and/or its authorised representatives conducting searches of the records of the various credit bureaus from time to time with regard to the Customer’s credit status.

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