Terms and Conditions

1.1  Application

(a) Every Agreement shall be subject to the following Terms & Conditions.
(b) Spafax is not bound by any condition, printed or otherwise, appearing on contracts, Insertion Orders or copy instructions that are in conflict with the Terms & Conditions set out herein.

1.2  Definitions and Interpretations

(a) “Advertisement” – includes any commercial, ad, flyer, poster, insertion, announcement, picture, photograph, digital media, product sample, recording, pamphlet, printed material or other promotional material referred to in the Insertion Order.
(b) “Advertisement Materials” – includes all videos, photographs, recordings, product samples, printed and other promotional materials required by Spafax to Exhibit Advertisements.
(c) “Advertiser” – includes any person, company, corporation, partnership or other business entity entering into an Insertion Order with Spafax.
(d) “Agreement” – means the Insertion Order executed by Spafax and an Advertiser including the Terms & Conditions set out herein.
(e) “Campaign Dates” – means the period of Exhibition of the Advertisement(s).
(f) “Exhibit” – means the placement, publication, printing, showing, broadcasting, insertion or distribution of any or all of the Advertisers’ advertisement(s) in accordance with the Insertion Order.
(g) “Material Due Date” – means the date upon which all Advertising materials must be submitted to Spafax in accordance with the Insertion Order.
(h) “Rate Card” – means the Advertisement pricing list published by Spafax.
(i) “Spafax” – means Spafax Canada Inc.

1.3  Spafax shall Exhibit Advertisement(s) in accordance with the terms and provisions of this Agreement.


1.4  There are not and will not be any verbal statements, representations, warranties, undertakings or agreements between the parties with respect to this Agreement.


1.5  This Agreement may not be amended or modified by the Advertiser in any respect except by written instrument signed by the Advertiser and Spafax.


1.6  No waiver or modification of any of the terms of this Agreement shall be valid unless the same is reduced to writing and signed by the parties hereto.


1.7  The Advertiser shall, prior to the Material Due Date stipulated in the Insertion Order, deliver all Advertisement materials to the following address:

Spafax Canada Inc.
1179 King Street West, Suite 101
Toronto, ON M6K 3C5
Attention: Production Manager

1.8  Spafax cannot guarantee priority positioning or quality control checking for any Advertisement materials received after the Material Due Date stipulated in the Insertion Order.


1.9  All Advertisement materials shall be submitted to Spafax in a form specified by Spafax from time to time.


1.10  All Advertisements must be delivered to Spafax free and clear of all charges, including courier, delivery and shipping fees.


1.11  The Advertiser warrants that the Advertiser has the right and is authorized by law to Exhibit all Advertisement(s) contracted for in the Insertion Order.


1.12  Advertisers and advertising representatives are wholly responsible for content materials contained in Advertisement. The Advertiser agrees to reimburse and compensate Spafax for any legal and court costs incurred in the event of a lawsuit or proceeding that may result due to the content of aforementioned Advertisement(s).


1.13  The Advertiser warrants that the Advertisement(s) are not obscene, libellous, blasphemous or offensive to any religion or culture. The Advertiser warrants that all commercial materials meet the Television and Broadcasting Associations standards and adhere to their code of practice.


1.14  Spafax reserves the right to refuse or delay any advertisement for any reason, and/or to make any necessary corrections and/or revisions without notice to the Advertiser. Spafax will not be held responsible for content of any advertisement received that requires translation.


1.15  The Advertiser has the right to replace and/or change any Advertisement referred to in the Insertion Order prior to the Material Due Date.


1.16  Spafax reserves the right to add the word(s) “advertisement” or “Advertising supplement” to the top or bottom of Advertisements, paid or sponsored content, that could be confused with Spafax’s editorial content or programming.


1.17  Advertisements published in editorial form will be clearly noted as a paid advertisement.


1.18  The Advertiser acknowledges and agrees that Advertisements may be Exhibited on alternative dates and times than those set out in the Insertion Order.


1.19  Spafax will not keep or store any original advertising material after one month of the last date of Exhibition.


1.20  No discount will be given in the event of an error in Advertisement that does not affect or influence the content of the Advertisement. In the event that Spafax is responsible for an error in the Exhibition of an Advertisement, the Advertiser will be eligible to have the aforementioned Advertisement Exhibited again, in accordance with the original Insertion Order at a new time to be determined by Spafax.


1.21  All information contained within is subject to change without notice. Please contact your National Account Manager for the most current information.


1.22   All payments are to be made payable to the office of publication, as set out in the Insertion Order, in Canadian funds.


1.23  The Advertiser agrees to pay all invoices within thirty (30) days of issue. If invoices are not paid within thirty (30) days, Advertisers will be charged 2.5% interest per month thereafter. Spafax reserves the right to terminate the Agreement at any time upon default by the Advertiser in the payment of any amounts due or owing under the Agreement.


1.24  In the event that the Advertisement materials are not delivered to Spafax in accordance with the Agreement, the Advertiser will remain liable for all amounts due and owing under the terms of the Insertion Order. 1.25 Notwithstanding any contract or arrangement between the Advertiser and any third party, the Advertiser is deemed to enter into the Insertion Order as a principal and shall be liable to Spafax for the performance of all obligations set out in this Agreement including, without any limitation, the payment of all sums of money incurred, due and owing by the Advertiser pursuant to this Agreement.


1.26  This Agreement may be terminated by either party by giving 2 months notice in writing prior to the first Campaign Date as set out in the Insertion Order. No cancellations will be accepted after the Ad space closing.


1.27 Insertion Orders contracting space for covers and special positions are non-cancellable.


1.28    This Agreement shall be governed, construed and enforced exclusively in accordance with the laws of the Province of Ontario. The parties hereto hereby irrevocably attorn to the jurisdiction of the Courts of the said province.
 

Contacts

Spafax Canada Inc.

Toronto
1179 King Street West, Suite 101
Toronto, ON M6K 3C5
Telephone: 416.350.2425 
Fax: 416.350.2440

Brandon Kirk, Director of Sales,
416.350.2429
bkirkspafax.com

Jason Clark, National Sales Manager
416.350.2434
jclarkspafax.com

Teresa Hobbs, Senior National Account Manager
416.350.2439
thobbsspafax.com

Abigail McIlquham, National Account Manager
416.350.2446
amcilquhamspafax.com

Boyd Mickle, National Account Manager
416.350.2437
bmicklespafax.com



Quebec and Eastern Canada
Montreal
4200 Saint-Laurent Blvd., Suite 707
Montreal, QC H2W 2R2
Telephone: 514.844.2001
Fax: 514.844.6001

Lysanne Boileau, Sales Manager,
Quebec and Eastern Canada
514.844.2001, ext 217
lboileauspafax.com



Western Canada
2533 152nd Street, Suite 4
Surrey, BC V4P 1N4
Telephone: 604.538.0632
Fax: 604.538.0674

Stark Media
Lydia Stark
lstarkspafax.com
604.538.0632

aircanada.com/enroute
spafax.com