General Terms & Conditions Continued
- THE GENERAL TERMS AND CONDITIONS, SET FORTH ON PAGE 3 OF THIS AGREEMENT FORM A PART OF THIS AGREEMENT.
- The Publisher’s fees will be charged as per the terms of this contract and will be billed to The Advertiser accordingly after each month. The Publisher’s invoices will be due and payable upon receipt. Interest will be charged at a rate of 2% per month (24% per annum) on all overdue accounts &/or payment will be processed under supplied credit card for all accounts over 30 days. In the event The Advertiser is unable to pay the invoices, the outstanding amounts will be the responsibility of the shareholders/owners.
- All unpaid overdue amounts will be referred to legal counsel or a collection agent. The Advertiser undertakes to pay any fees incurred by the Publisher in this regard. Any additional charges will be charged and billed separately.
- Advertising agencies are liable for payment for ads placed, if their clients do not pay even if they indicate that their client(s) are solely responsible for payment of the advertisement . The Publisher may increase advertisement rates at any time and all contracts are accepted subject to this condition.
- The Advertiser will provide artwork and photographs, if required, at least 5 days prior to the layout approval date and grants The Publisher the rights to publish their ad. If the ad material is not received in time for publishing, The Publisher has the right to cancel The Advertiser’s Ad and keep any deposits received. The Publisher shall control the production and publication of the product including the style, format, choice of material and design. All materials, with the exception of materials furnished by The Advertiser, remain the property of The Publisher.
- The final layout approval date shall be at least 14 days prior to the commencement date. If there is no approval on the final layout, the final approved layout will be deemed to be the last version received by The Advertiser. The Publisher shall not be held responsible for any errors in The Advertiser’s Ad unless The Publisher was notified of the errors, on or before the artwork deadline date, in writing, on the final ad layout proof and failed to make the changes.
- The Publisher shall use its best efforts to complete the posting on or before the commencement date, but will not be responsible for delays beyond its control, or for any direct or consequential damages that may result from any delay. The parties agree that The Publisher may publish the ad on the next posting date or another date as agreed between the parties.
- The Advertiser agrees that it will not cancel this contract for any reason within 30 days of the artwork approval date. If it is canceled within 14 days of the artwork approval date, The Advertiser agrees that The Publisher will charge additional fees it incurs as a result, in addition to any other charges.
- If The Advertiser decides to cancel this contract, at any time, without The Publisher’s consent, all monies paid as deposit are non refundable and any frequency discount offered on previous ads will become null and void. The difference between the published rate for the actual frequency and the contracted frequency rate will be charged back to The Advertiser. The Advertiser will be liable for the full value of the contract.
- The Publisher reserves the right without liability, to revise, reject, discontinue or omit any portion of their ad, or to cancel any advertising contract, for reasons satisfactory to The Publisher that include ads that are objectionable to its business. If the ad is canceled, rejected or discontinued, The Publisher will refund the amount paid pursuant to this contract, whether or not such contract was previously accepted or published without notice or penalty to either party.
- The Publisher shall not be liable for any damages due to the content of the ad. The Advertiser certifies and warrants that it owns or controls any and all relevant trademarks and or copyrights that pertain to the product it is advertising and that the ad submitted is not in breach of or infringes any copyright or trademark, right of privacy or other proprietary right and is free from any libelous, scandalous, obscene statements or comments.
- The Advertiser agrees that it is the author of the ad at all relevant times. Any representations as to quality or performance or statements of fact are true and are solely the Advertiser’s responsibility. The Publisher relies on the Advertiser in this regard as it has not taken any steps to verify the same. Accordingly the Advertiser agrees to indemnify and save The Publisher harmless from any and all claims, losses or costs incurred by The Publisher as a result of publishing an ad which is libelous or misleading, in breach of relevant trademarks and or copyrights or otherwise subjects The Publisher to liability.
- The liability of The Publisher for damage arising out of errors in ads is limited to the amount paid for the space actually occupied by the portion of the ad in which the error occurred, whether such error is due to the negligence of the Publisher’s employees or otherwise. The liability of The Publisher for damage arising out of non-insertion of any ad is limited to the amount received by The Publisher for such ad.
- The parties agree that: a) this contract was made in the Province of Ontario; b) this contract is governed by the law of the Province of Ontario; c) time is of the essence of this agreement; d) this contract constitutes the entire agreement between the parties and there are no representations, conditions, agreements or understandings be they oral or in writing other than as set forth in this agreement; and e) if one or more provisions in this agreement are deemed invalid, illegal or unenforceable the remaining provisions shall not be affected or impaired thereby; f) this contract supersedes all previous contracts be they oral or in writing.