Terms And Conditions
1. All advertisements, advertorials, and advertising materials and articles (hereinafter referred to as “advertisements”) shall be considered for publication by the Publisher upon the representation that the Advertiser or Agency is authorized to publish the entire contents and subject matter thereof. All advertisements shall be clearly and prominently identified by trademark or signature of the Advertiser. The words “paid advertisement” shall be printed in a minimum 10 pt. bold typeface at the top of any advertisements that, in the opinion of the Publisher, may be confused with editorial pages. Acceptance of advertisement for publication does not imply endorsement by the Publisher, its publications or the Publisher in any way, except when indicated by the Publisher. The Publisher reserves the right to refuse any advertisement that conflicts with the Publisher’s public policies or applicable law. Fees collected prior to such refusal shall be returned to the Advertiser or Agency within forty-five (45) days.
2. The Publisher is not responsible for errors contained within copy that the Advertiser or its Agency supplies. The Advertiser or Agency shall supply copy and artwork at such time as shall meet the preparation schedule of the Publisher. If the Advertiser or Agency fails to provide advertising material by the deadline, the Publisher will, at its discretion, either publish the Advertiser’s previous advertisement or publish nothing and bill the Advertiser or Agency for the space. If the Advertiser or Agency provides copy or artwork that is considered unacceptable by the Publisher, the Advertiser or Agency will be given five (5) business days to provide acceptable copy or artwork. If the Advertiser or Agency fails to submit acceptable copy or artwork within this specified timeframe, the Publisher will, at its discretion, either publish the Advertiser’s previous advertisement or postpone the advertisement to a later issue provided that revised copy or artwork acceptable to the Publisher is submitted. The Publisher reserves the right to terminate this agreement if acceptable copy or artwork is not provided by the Advertiser or Agency. Advertisement materials will be destroyed by the Publisher one year after the last insertion if disposition instructions are not furnished by the Advertiser or Agency.
In the event an advertisement runs containing an error that is clearly the fault of the publication and detracts from the advertising message, it is the advertiser’s responsibility to notify the Publisher within two days of receiving the tearsheet. At such time, the Publisher will determine what credit will be given. If the error does not detract from the advertising message, a maximum of 5% discount will be applied.
Claims alleging real damages because of errors in an ad must be made no more than four days after the first publication of the ad. Liability to the Publisher shall not exceed the cost of the ad in which the error occurred, and a refund or credit will be given for the first incorrect insertion only. A credit balance must be used within two months that it is earned. The Publisher will not be responsible for copy changes made by telephone.
Monthly statements will be considered correct. In the case of an error, please notify the Publisher in writing within 10 days of receipt of the statement.
3. The Publisher shall not be liable for failure to publish or distribute all or any part of any issue because of acts of God/natural occurrences, labor disputes/strikes/work stoppages, accidents, fires or printer error beyond the control of the Publisher. This agreement cannot be invalidated by the Advertiser or Agency for wrongful insertion or omission by the Publisher. The Publisher agrees to credit the Advertiser or Agency for all such omissions and improper insertions. The Publisher’s liability for any and all errors will not exceed the cost of the space paid for by the Advertiser or Agency.
4. In consideration of the Publisher’s acceptance of any advertisements for publication, the Advertiser or Agency shall jointly and severally indemnify and save the Publisher harmless from and against any loss or expense, including, without limitation, reasonable attorney’s fees resulting from claims or suits based upon the contents or subject matter of such advertisements, including, without limitation, claims or suits for libel, unfair competition, unfair trade practices, infringement of trademarks, copyrights, trade names, patents or proprietary rights, or violation of rights of privacy resulting from the publication of the Advertiser’s ad.
5. Payment, based upon the current rate card in effect, shall be made within thirty (30) days of invoice date. First-time advertisers or agencies are required to send payment with artwork for the first insertion. The Advertiser or Agency placing the advertisement with the Publisher shall be jointly and severally liable for payment under this contract. The Advertiser or Agency shall designate a party to receive Publisher’s invoice. In the event payment is not made when due, Publisher may terminate the contract. If Advertiser or Agency contracts for a multiple insertion, but does not fulfill the entire contract, Publisher reserves the right to invoice the Advertiser or Agency at the “Open” or “Non-contract” (single insertion) rate for any advertisements published. Should Publisher continue to publish the advertisement for the term of the contract, the Advertiser or Agency agrees to pay late charges and interest as permitted by law, as well as the Publisher’s expenses of collection and/or attorney’s fees; said fee and collection costs not to exceed twenty-five (25) percent of the amount due hereunder. If an Agency fails to respond to a notice for payment, the Advertiser shall be responsible for the invoice and any associated collection costs. Returned checks will incur a twenty-five dollar ($30) fee. Production charges for changes to the advertisement made by the Publisher at the request of the Advertiser or Agency will be billed at the rate of sixty dollars ($60) per hour, with a minimum charge of thirty dollars ($30). Account must be current on payments for advertisements to appear in subsequent issues.
6.Advertisements cancelled by the Advertiser or Agency after the publication deadline will be billed to the Advertiser or Agency (for unsold space) at the “Open” or “Non-contract” rate. Changes in the content of an ad must be received by the closing date. If changes are not received by the closing date, content furnished or used in the previous issue will be printed.
Accounts not paid within 30 days of billing date are considered overdue and will accumulate a 1.5% per month service charge on the overdue balance. Accounts not paid within 60 days from billing date are considered delinquent and will be turned over for collection at the Publisher’s discretion. No new advertising will be accepted on delinquent accounts until the overdue balance is paid. Future advertisements must be pre-paid until credit is re-established. If billings are not paid by the due date, the Publisher reserves the right to cancel the advertising agreement without notice. In such event, all charges for advertising published prior to such cancellation shall immediately become due and payable at the rate earned to date of cancellation.
7. The Publisher reserves the right to amend the terms, conditions and rates in the Rate Card at any time with 30 days notice. In this event, the Advertiser or Agency may, penalty free, amend or cancel his/her contract or space reservation order on the date the rates change or conditions take effect.
8. The Publisher will not be bound by any conditions, printed or otherwise, appearing on order blanks or copy instructions when such conditions conflict with the terms and conditions set forth here. No waiver or modification to the foregoing shall be binding on the Publisher unless agreed to in writing.
9. The Advertiser or Agency will be presumed to have read the entire Advertising Contract/Insertion Order and be in agreement with all terms and conditions. Such agreement is indicated by the Advertiser’s or Agency’s signature on orders placing advertisements with the Publisher. This agreement becomes binding when this Advertising Contract/Insertion Order is accepted in writing by the Publisher in writing. This agreement shall be construed under and in accordance with the laws of the State of Florida, and all obligations of the parties created under this Advertising Contract/Insertion Order shall be performable in Leon County, Florida.
Terms And Conditions
1. All advertisements, advertorials, and advertising materials and articles (hereinafter referred to as “advertisements”) shall be considered for publication by the Publisher upon the representation that the Advertiser or Agency is authorized to publish the entire contents and subject matter thereof. All advertisements shall be clearly and prominently identified by trademark or signature of the Advertiser. The words “paid advertisement” shall be printed in a minimum 10 pt. bold typeface at the top of any advertisements that, in the opinion of the Publisher, may be confused with editorial pages. Acceptance of advertisement for publication does not imply endorsement by the Publisher, its publications or the Publisher in any way, except when indicated by the Publisher. The Publisher reserves the right to refuse any advertisement that conflicts with the Publisher’s public policies or applicable law. Fees collected prior to such refusal shall be returned to the Advertiser or Agency within forty-five (45) days.
2. The Publisher is not responsible for errors contained within copy that the Advertiser or its Agency supplies. The Advertiser or Agency shall supply copy and artwork at such time as shall meet the preparation schedule of the Publisher. If the Advertiser or Agency fails to provide advertising material by the deadline, the Publisher will, at its discretion, either publish the Advertiser’s previous advertisement or publish nothing and bill the Advertiser or Agency for the space. If the Advertiser or Agency provides copy or artwork that is considered unacceptable by the Publisher, the Advertiser or Agency will be given five (5) business days to provide acceptable copy or artwork. If the Advertiser or Agency fails to submit acceptable copy or artwork within this specified timeframe, the Publisher will, at its discretion, either publish the Advertiser’s previous advertisement or postpone the advertisement to a later issue provided that revised copy or artwork acceptable to the Publisher is submitted. The Publisher reserves the right to terminate this agreement if acceptable copy or artwork is not provided by the Advertiser or Agency. Advertisement materials will be destroyed by the Publisher one year after the last insertion if disposition instructions are not furnished by the Advertiser or Agency.
In the event an advertisement runs containing an error that is clearly the fault of the publication and detracts from the advertising message, it is the advertiser’s responsibility to notify the Publisher within two days of receiving the tearsheet. At such time, the Publisher will determine what credit will be given. If the error does not detract from the advertising message, a maximum of 5% discount will be applied.
Claims alleging real damages because of errors in an ad must be made no more than four days after the first publication of the ad. Liability to the Publisher shall not exceed the cost of the ad in which the error occurred, and a refund or credit will be given for the first incorrect insertion only. A credit balance must be used within two months that it is earned. The Publisher will not be responsible for copy changes made by telephone.
Monthly statements will be considered correct. In the case of an error, please notify the Publisher in writing within 10 days of receipt of the statement.
3. The Publisher shall not be liable for failure to publish or distribute all or any part of any issue because of acts of God/natural occurrences, labor disputes/strikes/work stoppages, accidents, fires or printer error beyond the control of the Publisher. This agreement cannot be invalidated by the Advertiser or Agency for wrongful insertion or omission by the Publisher. The Publisher agrees to credit the Advertiser or Agency for all such omissions and improper insertions. The Publisher’s liability for any and all errors will not exceed the cost of the space paid for by the Advertiser or Agency.
4. In consideration of the Publisher’s acceptance of any advertisements for publication, the Advertiser or Agency shall jointly and severally indemnify and save the Publisher harmless from and against any loss or expense, including, without limitation, reasonable attorney’s fees resulting from claims or suits based upon the contents or subject matter of such advertisements, including, without limitation, claims or suits for libel, unfair competition, unfair trade practices, infringement of trademarks, copyrights, trade names, patents or proprietary rights, or violation of rights of privacy resulting from the publication of the Advertiser’s ad.
5. Payment, based upon the current rate card in effect, shall be made within thirty (30) days of invoice date. First-time advertisers or agencies are required to send payment with artwork for the first insertion. The Advertiser or Agency placing the advertisement with the Publisher shall be jointly and severally liable for payment under this contract. The Advertiser or Agency shall designate a party to receive Publisher’s invoice. In the event payment is not made when due, Publisher may terminate the contract. If Advertiser or Agency contracts for a multiple insertion, but does not fulfill the entire contract, Publisher reserves the right to invoice the Advertiser or Agency at the “Open” or “Non-contract” (single insertion) rate for any advertisements published. Should Publisher continue to publish the advertisement for the term of the contract, the Advertiser or Agency agrees to pay late charges and interest as permitted by law, as well as the Publisher’s expenses of collection and/or attorney’s fees; said fee and collection costs not to exceed twenty-five (25) percent of the amount due hereunder. If an Agency fails to respond to a notice for payment, the Advertiser shall be responsible for the invoice and any associated collection costs. Returned checks will incur a twenty-five dollar ($30) fee. Production charges for changes to the advertisement made by the Publisher at the request of the Advertiser or Agency will be billed at the rate of sixty dollars ($60) per hour, with a minimum charge of thirty dollars ($30). Account must be current on payments for advertisements to appear in subsequent issues.
6.Advertisements cancelled by the Advertiser or Agency after the publication deadline will be billed to the Advertiser or Agency (for unsold space) at the “Open” or “Non-contract” rate. Changes in the content of an ad must be received by the closing date. If changes are not received by the closing date, content furnished or used in the previous issue will be printed.
Accounts not paid within 30 days of billing date are considered overdue and will accumulate a 1.5% per month service charge on the overdue balance. Accounts not paid within 60 days from billing date are considered delinquent and will be turned over for collection at the Publisher’s discretion. No new advertising will be accepted on delinquent accounts until the overdue balance is paid. Future advertisements must be pre-paid until credit is re-established. If billings are not paid by the due date, the Publisher reserves the right to cancel the advertising agreement without notice. In such event, all charges for advertising published prior to such cancellation shall immediately become due and payable at the rate earned to date of cancellation.
7. The Publisher reserves the right to amend the terms, conditions and rates in the Rate Card at any time with 30 days notice. In this event, the Advertiser or Agency may, penalty free, amend or cancel his/her contract or space reservation order on the date the rates change or conditions take effect.
8. The Publisher will not be bound by any conditions, printed or otherwise, appearing on order blanks or copy instructions when such conditions conflict with the terms and conditions set forth here. No waiver or modification to the foregoing shall be binding on the Publisher unless agreed to in writing.
9. The Advertiser or Agency will be presumed to have read the entire Advertising Contract/Insertion Order and be in agreement with all terms and conditions. Such agreement is indicated by the Advertiser’s or Agency’s signature on orders placing advertisements with the Publisher. This agreement becomes binding when this Advertising Contract/Insertion Order is accepted in writing by the Publisher in writing. This agreement shall be construed under and in accordance with the laws of the State of Florida, and all obligations of the parties created under this Advertising Contract/Insertion Order shall be performable in Leon County, Florida.