|
Soccer Ads BC
Online Advertising Contract Terms & Conditions
- Soccer Ads BC, hereafter referred to as the Publisher, reserves the right to revise its online advertising rates at any time upon thirty (30) days notice in writing. Advertiser may cancel this agreement without charge on the date higher rates become effective, provided written notice of cancellation is given to Publisher before said date.
- Publisher reserves the right to refuse or revise any and all copy for any reason. When, in the opinion of Publisher, an advertisement resembles news matter, such advertisement shall be plainly designated by the word "Advertisement."
- Position of all advertisements shall be at Publisher's option unless specified in the online advertising contract. In no event will adjustments, reruns, or refunds be made because of the position in which an advertisement has been published.
- Advertiser is responsible for checking advertising copy for corrections and providing Publisher with prompt written notice of errors or changes within Publisher's deadline. In case of Publisher's error in the publication of advertising, Publisher will not be liable for an amount greater than the cost of the space actually occupied by the section of the advertisement in which the error occurs. Publisher reserves the right to adjust in full any error by publishing a corrected insertion. No claims will be allowed for more than one incorrect insertion, or for errors not affecting the value of the advertisement. Publisher shall not be responsible for failure to honour any cancellation notice received by telephone, nor for any errors in advertisements received by telephone.
- Publisher shall not be liable for any consequential damages, whether or not foreseeable, which may occur because of an error in or an omission of a part or the whole of any advertisement, or for the failure to print or distribute an advertisement.
- Advertiser warrants and represents that any material submitted to Publisher is original, does not violate any law or infringe the copyrights, trademarks, trade names or patents of, and contains no matter which is libellous, an invasion of privacy, an unlawful appropriation of the name or likeness, or is otherwise injurious to the right of any other person, and that Advertiser has obtained all necessary consents prior to submission to Publisher. Advertiser assumes all liability for all content (including, but not limited to, texts, representations, names, photographs, and illustrations) of advertisements, and Advertiser agrees to indemnify and hold Publisher harmless against any and all claims, losses, liabilities and expenses, including attorney's fees and legal expenses resulting from errors attributable to the publication of any advertisement submitted by Advertiser.
- Publisher may at any time (i) require payment with order in the form of cash, cashier's check or certified funds; (ii) require immediate payment in full of any outstanding balances; (iii) refuse to accept advertising until all past due amounts are paid; or (iv) require all or any of the above.
- Advertising orders that do not conform to rates or terms and conditions in applicable rate books or in this agreement will be regarded as clerical errors. Copy accompanying such orders will be published and charged at the applicable effective rate.
- In the event of a billing dispute, Advertiser must promptly pay all amounts not subject to dispute, and notify the Publisher in writing of any payment withheld, and reasons therefore. Advertiser shall cooperate with Publisher in the prompt resolution of disputes. Failure to receive or check reports is not recognized as a valid reason to withhold payment.
- Publisher may, at his option, cancel this agreement at any time, without notice, for a breach thereof, and in event of cancellation, Advertiser agrees to pay the rate earned in effect at the time of cancellation for all ads used under this contract. Publisher reserves the right to cancel this agreement for any other reason, in which event Advertiser agrees to pay for all ads used at the rates then currently earned.
- Advertiser may cancel this agreement upon notice in writing to Publisher, and payment of the account in full, including the current rate earned for all ads used under this contract, shall be due.
- This agreement covers only the regular business of Advertiser, and is not transferable, two or more advertisers not being permitted to combine banner ads distributed in order to secure lower rates.
- This agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties and supersedes all prior and contemporaneous understanding or agreements of the parties. Any change to this agreement must be made in writing. Waiver of any of the terms of this agreement by Publisher for the convenience of the Advertiser shall not prevent Publisher from subsequently enforcing all the terms hereof.
- Where Publisher extends credit, all billings are due and payable by the 20th of the month following publication. Publisher may at any time change the time of payment. Continuation of credit privileges is dependent upon full and prompt payment. At the option of Publisher, interest at the legal rate may be charged monthly on delinquent accounts from and after the first day of the second month following publication.
- If any legal proceedings are brought to collect any amounts due, the Advertiser agrees to pay Publisher, in addition to the regular charges under this Agreement, a reasonable sum as collection and attorney's fees. Publisher may refuse future advertising, even prepaid, until reimbursement for collection and other fees is paid to collect a delinquent account.
- This agreement is governed by the laws of the Province of British Columbia in which the principal office of Publisher is located, shall be the forum for any legal action relating to this agreement and to advertising placed or published.
|