TERMS AND CONDITIONS
1.
SUBJECT TO THE PROVISIONS HEREOF THE ADVERTISING WILL BE INSERTED IN THE FIRST DIRECTORY ISSUE (IF MORE THAN ONE) PUBLISHED AFTER THE DATE OF THE AGREEMENT UNLESS WRITTEN NOTICE OF CANCELLATION IS RECEIVED BY EITHER PARTY AT LEAST THREE (3) MONTHS PRIOR TO THE ISSUE DATE STIPULATED ON THE FACE HEREOF.
2.
A thirty percent (30%) deposit is payable upon signing of the contract and the balance will be payable within 30 days from issuance of the invoice. Any outstanding balance following the 30 day period, shall be subject to a $5.00 late payment surcharge and shall bear interest at the annual rate of 15%.
3.
The Advertiser may, for renewing for future directory issues, request any change, addition or omission to or in respect of any or all of the items of advertising shown on the face hereof, provided that such request is made in writing at least three (3) months prior in the issue date specified on the face hereof; in such event the Advertiser shall pay the applicable rates and charges prevailing at the time such changes, additions or omissions become effective.
4.
The publisher may with or without notice amend the rates and/or charges for any advertisement to be published in any future directory issue.
5.
The Advertiser warrants the truth of all factual assertions and implications therefrom in the advertising published hereunder and that he is authorized and/or entitled to advertise the
business, profession service, product, Trade Mark or Trade Name described in said advertising and he assumes complete liability for any and all controversies, claims demands, suits, damages or causes of action based upon the said advertising which may or may be alleged to, infringe upon any Trade Mark or Trade Name or other such rights or give rise to any other liability at law.
6.
THE ADVERTISER AGREES THAT ANY AND ALL LIABILITY OF EVERY NATURE OR KIND INCLUDING WITHOUT LIMITATION THAT ARISING FROM BREACH OF CONTRACT OR NEGLIGENCE RESULTING FROM THE OMISSION OF ANY ADVERTISEMENT, THE WRONG LOCATION OR QUALITY THEREOF, OR ANY ERROR OR OMISSION THEREIN, OR CONTINUATION OF THE ADVERTISEMENT CONTRARY TO THE ADVERTISER'S REQUEST, IS HEREBY LIMITED TO AND SHALL NOT EXCEED THE AMOUNT OF THE CHARGES PAYABLE BY THE ADVERTISER IN RESPECT OF SUCH ADVERTISEMENT FOR OR IN RESPECT OF THE PARTICULAR DIRECTORY ISSUE INVOLVED. SUBJECT TO SUCH LIMITATIONS, THE AMOUNT OF THE LIABILITY FOR ANY SUCH MATTER WHEN ASCERTAINED OR AGREED UPON SHALL BE SET OFF AGAINST THE CHARGES PAYABLE BY THE ADVERTISER IN RESPECT OF THE ADVERTISEMENT.
7.
Advertisements are subject to the approval of the publisher who shall have complete discretion and be the sole judge as to what advertising shall be inserted in the directory or directories herein. The publisher reserves the right to reject at any time or discontinue any
advertising.
8.
The advertiser is responsible for any artwork that the advertiser provides, and will be directly liable to any third parties for any prejudice caused to those parties due to publication of this advertising.
9.
The advertiser agrees to not use in any other way the artwork provided by the publisher for the purpose of the advertising and agrees to be liable for any damages resulting from appropriation of the publisher's intellectual property regarding such artwork, due to the advertiser's act, unless authorization is given by the publisher.
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