“Advertising Conditions, Terms and Agreements”
This agreement is between ImagePro Communications, also doing business as ADright.net, herein refer to as ‘AGENCY’ and the following advertiser:
Company Name _________________________________________________
Address _________________ City _____________ State _____ Zip ________
Phone Number ____________________ Fax Number ____________________
herein referred to as “ADVERTISER” Whereas the ADVERTISER agrees to the following terms, conditions and
agreements:
In these conditions, the term ’ADVERTISER’ means the party placing the advertisement or receiving the services and who hereby accept liability for payment and the term 'AGENCY' means ImagePro Communications.
The ADVERTISER hereby acknowledges receipt of copy of such rate quote or quotes as apply to each program for which an advertisement is hereby accepted. The terms and conditions contained in the quote shall be deemed to be incorporated herein.
No condition or representation other than these and no amendment hereto shall have any effect unless expressly approved by the AGENCY in writing.
For the purpose of these conditions the terms ’Advertisement’ shall include loose or other inserts, where appropriate rental of database information, reprint of articles or such other products or services the AGENCY may supply.
Orders for advertising shall bind the AGENCY only upon written acceptance by the AGENCY.
The AGENCY reserves the right to refuse, amend, withdraw or other wise deal with all advertisements submitted to it at its absolute discretion, and without explanation, and without liability whether in tort (including negligence) or in contract.
The ADVERTISER warrants: (a) that its advertisements comply with the Federal Trade Commission Code of Advertising Practice and (b) that it is legally entitled to publish the information therein.
The AGENCY shall not be liable for any loss or damage consequential to or otherwise occasioned by error, late publication or the failure of an advertisement to appear whatsoever.
The ADVERTISER shall indemnify the AGENCY against any damage and/or loss and/or expense that the AGENCY may incur as a direct or indirect consequence of the ADVERTISER’S announcement.
The placing of an order does not confer the right to renew on similar terms.
If the ADVERTISER cancels the balance of a contract, all unearned series discount will be surcharged. The AGENCY reserves the right to surcharge in the event of insertions not being completed within the contractual period.
The AGENCY cannot accept stop-orders, cancellations or transfers unless they are received before the publication issue advertising deadline.
The AGENCY may, where necessary, stipulate special conditions for split runs, regional inserts and other special requirements. Regional inserts are accepted on the understanding that there is no guarantee that the insert will not appear in copies outside the areas specified.
Where the AGENCY provides a insertion profile, it shall not be contractually bound to pass such enquiries to the ADVERTISER or any other person.
Advertisements including those submitted by advertising agencies will be accepted by the AGENCY on the basis that the ADVERTISER contracts as principal and that any disclosed principal shall also be liable for payment.
When credit accounts have been agreed, such accounts shall be due and payable within 30 days of invoice date and are payable in full. The AGENCY reserves the right to charge interest at 21 per cent per annum on all amounts outstanding at the due date until payment.
Copy/layout must be supplied without application from the AGENCY, In the event of copy instructions not being received by the copy deadline the AGENCY reserves the right to use any copy or artwork held by it for the ADVERTISER. Any extra costs incurred by the AGENCY as a result of late copy will be payable to the ADVERTISER.
The AGENCY cannot accept responsibility for changes in dates of insertion and copy unless these are confirmed in writing and are provided by the copy deadline, which falls seven days after advertising deadline. The AGENCY reserves the right to charge for any additional expenses involved in such changes.
One voucher copy will be sent to either the ADVERTISER or its client for each display advertisement published.
The ADVERTISER shall be responsible for the insurance of all blocks, artworks and other advertisement material delivered by it to the AGENCY. The AGENCY shall not be liable for loss or damage howsoever caused.
The AGENCY shall be entitled to exercise a lien over all copy, artwork or other material used in the creation or actual copy in its possession or at the ADVERTISER’S location until payment in full of all outstanding monies has been paid.
The AGENCY reserves the right to destroy all film, artwork, and other materials which have been in the printers’ custody for one year from the last date of use. This right can be exercised without giving further notice to the ADVERTISER.
Failure by the AGENCY to publish the advertisement in the specified position shall not constitute a breach of the agreement.
The time or date of publication of advertising or the issue in which it is published in shall not be the essence of the contract.
Direct Mailings—Prepayment is required for all direct mail quantities.
Direct Mailings—A copy of all direct mail pieces must be received and agreed by the AGENCY prior to fulfillment and mailing.
The placing of an order will be deemed to be an acceptance of these conditions. All orders must be confirmed in writing by the copy deadline.
All orders will be acknowledged in writing by the AGENCY and will be accepted as the ADVERTISER'S official order unless the ADVERTISER advises to the contrary within 5 days of the date on the order acknowledgment.
X_______________________________________ DATE ____________________