Terms & Conditions
1- This application will become a contract when signed by the advertiser and accepted bye the publisher. This contract contains the entire agreement between the parties hereto for the forthcoming issue and subsequent issues and cannot be changed, altered or canceled except by written agreement signed by all parties hereto. Neither party shall be bound by any oral agreement or special arrangements, contrary to, or in addition to the terms and conditions as stated herein or written hereon, and no agent or employee of publisher has the authority to vary any of the terms of this application.
2- The publication advertising specified on the face of this contract is for insertion in the publication issue indicated and the advertiser agrees to pay the charges as indicated on the face of this contract, plus all state and local taxes attributable thereto, Advertiser also agrees to reimburse publisher for any expenses incurred during the interim in the event of cancellation. Contract is subject to credit approval.
3- Deposits made in accordance with this contract are refundable only at the discretion of the publisher. in the event the publisher agrees to cancel this contract, any payments of deposits made by the advertiser may, at the discretion of the publisher, be applied to commissions, typesetting, and bookkeeping charges. No refunds will however, be made until and unless all commission, typesetting, bookkeeping, and any other charges incurred have been paid in full bye the advertiser,
4- Publisher agrees to exercise reasonable care that the copy and listings are correctly printed in each publication issue. Proof of the ad copy will be shown to the advertiser only when the advertiser specifically requests in writing that the proof be sent to him, If the proof is mailed to an advertiser and said proof is not returned by advertiser within the time set forth on the proof sheet, it is mutually understood and agreed upon that the said proof shall be assumed to be correct. It is further understood and agreed upon that advertising copy furnished must be acceptable to publisher. The publisher reserves the right to reject, at all times, any advertising matter which it in its sole discretion deems objectionable, and that no specific position is guaranteed for advertising, The publisher reserves the right to change any classification headings that are shown on the face of this contract in order to maintain standardization of publication classifications that will best serve the purposes of the publication
5- The firm name, address, and telephone number as shown on the face of this contract are the criteria for correctness in each publication as subscribed. Publisher is not responsible for telephone number changes made by any party_ It is the responsibility of the advertiser to inform the publisher in writing of any change in address or telephone number at least one ( l) month before publication date.
6- LIMITATIONS OF LIABILITY Except for the adjustments expressly set forth, advertiser agrees that the publisher shall not be liable for errors or omissions in publication advertising in excess of the amount paid for the item(s) omitted and shall not be liable for profit loss, direct or indirect, special, consequential, incidental or contingent damaged arising out of such omission or error. The following adjustments shall be made for any error caused by publisher:
a. Wrong main number 100%
b. Wrong alternate call number 15%
c. Wrong address (more than 4 digits) 50%
d. Incorrect spelling of a business name 15%
e. Incorrect spelling of a word none
f. If the publisher fails to reserve art ad, only the amount paid for the reserve will be refunded. No adjustments will he considered on free classification.
7- The change of telephone number or address of a business or a discontinuation of a business after execution of the contract shall not be deemed as nicking this contract null and void.
8- The advertiser warrants that he/she (it) is duly authorized to engage in the business or profession described by the classification designated, and further warrants that he/she (it) is the owner of, and entitled to use, or is duly authorized by the owner, and entitled to use, the copy cuts, illustrations, and any trademarks or trade names which may be specified and agrees to notify publisher immediately in writing of any change in such ownership or authorization, The advertiser agrees to defend, indemnify and hold publisher harmless from any and all claims, demands, law suits, losses, damages and judgments which arise from or which are claimed to have arisen from the use of such copy, cuts, illustrations, marks, and names together with action carried by publisher,
9- The advertiser agrees to assume sole responsibility for the protection of its proprietary interest in any writing or illustration in its advertisement, and hereby authorizes publisher to permit any other person or publisher to copy or reproduce the advertisement appearing in the publication.
10- Cuts, illustrations, and other special art works are to be furnished by the advertiser, if not the publisher will do this work and bill for it separately, at cost, the advertiser. All original advertising art work prepared in connection with the application is the exclusive property of the publisher and may not he used by advertiser without the prior written consent of publisher.
11- In the event that a municipal occupation, a business, a utility, an excise, or other similar types of taxes are imposed on the publisher, the advertiser agrees to pay a percentage of the order prices set forth in this contract equal to the percentage at which the tax is imposed.
12- A late charge equal to 1.5% will be charged on any balance not paid before the next billing due date. if advertiser defaults in paying any charge when fees, court costs, and other reasonable expenses incurred if it becomes necessary to exert those means to effect collection.
13- If the advertiser sells or assigns his business, then this contract will be considered as part of the sale and/or assignment and the amount of money remaining due on the contract shall be paid out of the proceeds of the sale. The advertiser also agrees that any expenses incurred including reasonable once the terms of this agreement, or in the collection process be added to and become a part of the amount due.
14- Publisher reserves the right to extend or reduce by not more than six (6) months the issue date and period of the directory, If the issue life is extended, the customer agrees to pay a pro-rated charge for the extended period.
15- In the event any part of this contract is determined by a court of competent jurisdiction to be void, then and in that event, said void part of this contract shall he considered to be separable from the remaining provisions of this contract which shall remain in full force and effect.