Contract Terms and Conditions
1. Cancellations. All cancellations must be in writing, shall not be effective until received, and shall not be effective if received after the 20th of the month. Any cancellation of this agreement prior to the expiration of its term shall result in the retroactive application of the short term rate to advertisements published under this contract and all discounted rates forfeitured. Publisher has the right to cancel the contract if the Advertiser is sixty (60) days or more past due on their account. The same terms as above will apply.
2. Content. Acceptance of all advertising is subject to the Publisher’s approval in its sole discretion. The publisher shall not be responsible for errors in typeset once the Advertiser or its agency have initialed proofs of same, nor is Publisher responsible for errors in advertisements contracted for or changed by the Advertiser or its agency after the 20th of the month. Publisher reserves the right to repeat a prior run advertisement if Advertiser’s new material is not received by the 20th of the month. All production and/or photography provided by Publisher, and all copyrights and ownership rights, including the right to reproduce in any form or format, shall be the exclusive property of Publisher, unless assigned in writing by the Publisher. Photos submitted for publication become the property of the Publisher and will not be returned unless otherwise requested. Publisher has the right to reproduce the photos.
3. Rates, Payments and Late fee’s. Advertising rates set forth herein are subject to change. Advertiser agrees to pay all charges for additional graphic artwork and scans, upon invoice. There is a twenty dollar ($20.00) service charge for bounced checks. First payment is due by the 20th of the month prior to the advertisement running. Subsequent payment is due by the 20th day of each month that the advertisement runs. Any payment received after this date is considered late. Advertiser agrees to pay a late charge of 10% or $15.00 whichever is greater (plus 4.166% tax) per month. There is a fifteen dollar minimum per month charge on past due balances. After sixty (60) days past due, the Publisher has the right to cancel the agreement and revert the insertion rate to the short rate as stated in paragraph one. In case of default, the account may be placed in the hands of an attorney or collection agency for collection. Advertiser agrees to pay for all costs of collection, including reasonable attorneys’ fees, court costs, Sheriff’s fees, witness fee and other costs as allowed by the court.
4. Responsibility for Content. Acceptance of all advertising is subject to Publisher’s approval in its sole discretion. Advertiser hereby indemnifies and holds the Publisher harmless against any and all legal actions, liability, claims, damages, costs, suits. proceedings, judgments of any sort based upon content and/or subject matter of any advertisements. This indemnification includes, without limitation, legal actions for libel, plagiarism, copyright infringement, and unauthorized use of a person’s name or photograph.
5. Term. The term of this Agreement shall begin on the Insertion Order Date and shall continue in effect through the last issue date ordered, unless modified by agreement of the parties or by cancellation as permitted hereunder.
6. Entire Agreement. This Agreement, together with the Publisher’s Rate Card, shall constitute the entire agreement of the parties. The terms and conditions of the Publisher’s Rate Card are hereby incorporated by reference. No amendment to this Agreement shall be valid unless in writing and signed by the parties.
7. Persons Bound. If the Advertiser utilizes an advertising agency, the Advertiser and the agency shall be jointly liable for payment and for compliance with the terms and conditions of this Agreement.
8. Force Majeure. Publisher shall not be responsible for failure to publish an advertisement or other nonperformance caused by labor disputes, accidents, fires, acts of God or other contingencies beyond Publisher’s control.