Legal liability and other claims

19.1 Limitation of agency liability

The agency shall not be liable for any delay in, or omission of publication or transmission for any error in any advertisement in the absence of gross negligence on the part of the agency.

19.2 Indemnity to the agency

The client indemnifies the agency against any loss which it may incur as a result of any civil claims or proceedings being brought against it based upon any advertising and other work prepared for the client by the agency and approved by the client either orally or in writing before publication. Such indemnity will include all legal costs (as between attorney and own client) and expenses which the agency may be obliged to pay or incur in defending any such claims or proceedings brought against it.

19.3 The client confirms that it is expressly understood and  agreed in planning and buying the client’s media activity. The agency shall use its [best] [reasonable] endeavors to ensure the accuracy of all estimated and target figures relating to:

        19.3.1 The number proportion or type of people likely to be exposed to the advertising;

        19.3.2 The number of exposures each person is likely to receive; and

        19.3.3 The cost of achieving these exposures

Since these are matters which are ultimately beyond the agency’s control, no warranties can be given by the agency as to the accuracy of such estimates/targets or as to the figures actually occurring and no liability shall attach to the agency in respect of any losses suffered by the client or by any third party by reason of the clients reliance on such estimates/targets.

Phone.: 087 265 0138
Email: info@hierarchymanagement.co.za