YELLOW
PAGE ADVERTISING
1. This agreement shall constitute a contract when
signed by the “Advertiser”(customer) and accepted
by the “Publisher” (Uniarts), to place advertising
in the UNIARTS ARMENIAN DIRECTORY YELLOW PAGES. NO AGREEMENT
OR UNDERSTANDING NOT SPECIFIED HEREIN WILL BE BINDING FOR
EITHER PARTY.
2. All copy and instructions must be submitted at time
of ordering or mailed to Armenian Directory Yellow Pages immediately
thereafter. Publisher will not guarantee publishing of customer’s
ad, if Art on Disk or Copy is not received by Art/Copy specified
date. Publisher will assume no responsibility for the style
of the artwork other than error in copy set by Publisher.
Advertiser agrees to indemnify and hold the publisher harmless
from any intellectual property copyright and trademark infringement
based on material furnished to the publisher in connection
with advertisement. Thus any error or omission connected therewith
shall be at the discretion of the publisher, limited to a
prorated calculation of this contract indicated as REFUNDS
below.
3. REFUNDS: There will be no refunds if the work order
agreement and Ad Proof have been approved by the customer.
All other errors are the publisher’s responsibility
and refunds are calculated as follows:
(A)
100% refund for unpublished ad, or ad in the wrong category.
(B)
100% refund for a wrong main Phone Number or, if more than
one phone number is listed and the second number is correct,
the discretion will be 50% refund of
the advertising item cost.
(C)
100% refund for the non printed spot color item charged, 50%
refund if the color item ordered is the wrong spot color.
(D)
60% refund of the total cost of ad ,for misspelled main title
(ex.: company name or person’s name); minor body text
typos will not be refunded.
(E)
All disputes are pending verification of customer ad copy,
and data supplied. Publisher will not be held responsible
for any art on computer disk supplied by customer. No other
refunds are given.
4. Customer agrees that the position of their ad in
relation to the page layout within the specific classification
is determined by the Publisher. Customer understands page
headings at the top of each page constitutes alphabetical
order of page and not category heading. Description of the
classification where ad is placed, is indicated in the column
titled “CLASS/SIC CODE" of this agreement which
identifies the Classification Category (Standard Industrial
Code) where the Advertiser wants their advertisement to be
placed.
5. In accordance to this contract here within, if publisher
has failed to meet customer expectations or violated this
agreement, damages would be limited to and only these refunds
stated in this contract as applicable. If customer chooses
to dispute their rights to the terms of this contract in litigation,
it is understood that there will be no compensation for the
loss of property or profit. Should legal action become necessary
to dispute this matter, the prevailing party in said action
shall be entitled to reasonable attorney, court costs including
any applicable service charges. The venue to hear this
matter will be held in the City of Glendale California.
6. All orders must be accompanied either by payment
in full or by no less than 1/3rd partial payment and valid
Visa/Mastercard credit card number with valid expiration date
at time of order. All remaining balance is due 30 days after
publication. In the event of failure to make payment, (if
this contract has provided for such payment), after 30 days
of publication, the entire amount of the unpaid balance shall
immediately become due and payable. Publisher will then reserve
the right to charge balance due on Advertiser’s Visa/Mastercard
credit card on file including a 10% fee for processing. Should
legal action become necessary to effect collection of any
sums due under this contract, the prevailing party in said
action shall be entitled to reasonable attorney, court costs
and collection agency fees,including interest and any applicable
service charges.
7. Publisher shall have the right, but not obligated,
to disclose all information obtained from Advertiser to third
parties, including without limitation, credit reporting agencies.
8. A check return fee of $20.00 will be charged to
customer’s account for all checks returned by the bank.
Publisher reserves the right to charge and collect remaining
balance including late and interest charges of 1.5% per month.
9. Ad proof of the advertisement is mailed, faxed or
e-mailed to customer for approval. One proof must be signed
by Advertiser and returned to Publisher on or before the specified
date indicated on the proof. If proof is not returned prior
to that date, the publisher will not be held responsible for
any errors thereafter.
10. Advertiser may indicate corrections such as line,
logo, border and photo changes on their ad proof. Such work
will carry an additional charge as indicated on the ad proof
and price list. All changes must be submitted in writing.
Publisher will not be held responsible for copy changes given
by Advertiser over the telephone.
11. Publisher reserves the right to reject any advertising
matter which it deems objectionable, and that any customer
having a prior negative credit rating will be rejected. Either
party may terminate this contract by written notice, provided
written notice is received by either party within 30 days
of this order date. Cancellation by Advertiser after 30 days
of the order date will result in forfeiture of any payments
or deposits, which at the discretion of the publisher, will
be applied to commissions, typesetting, bookkeeping, up to
45% of the original cost of this contract. Similarly, orders
placed any time after “January 30” must be paid
in full to be accepted by publisher to print their advertisement
in the current issue, cancellation/refund terms still apply.
12. Publisher has the right to charge the Advertiser
for unauthorized use of the ad artwork duplicated in any other
reproductions or publications. Color separation, half tone,
duo-tone or tri-tone negatives, artwork created for ad layout
by Publisher, remain the publisher’s property.
13.This agreement with customer while under contract
is binding upon all parties, including heirs, assignees, and
successors in interest, and shall honor the obligation to
pay the balance still outstanding in this advertising agreement.
14. UNIARTS ARMENIAN DIRECTORY shall have the right
to sell, assign or transfer this agreement with all its rights,
title and interest therein to any person or company at any
time during the term of this agreement, and any assignee in
this contract shall assume all rights and obligations of UNIARTS
ARMENIAN DIRECTORY YELLOW PAGES under this agreement.
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