This invoice will become a binding contract only upon the acceptance by the Publisher of this signed invoice (“Contract”). This Contract contains the entire agreement between the parties hereto. This agreement cannot be changed, altered or cancelled except by written agreement of the Publisher. Neither party shall be bound by any oral agreements or special arrangements contrary to or in addition to the terms and conditions as stated herein nor no agent employee of application the Publisher has the authority to vary any of the terms of this.
The directory advertising specified on the face of this Contract is for insertion in the directory issue as indicated and the Advertiser agrees to pay the charges as indicated on the face of this Contract, plus state and local taxes attributable thereto when payment is due.
The Advertiser may cancel this Contract within five (5) days of execution, provided that such notice of cancellation has been given to the Publisher via email or letter; written consent. After five (5) days, this Contract may not be cancelled without written consent of the Publisher. In no event, shall cover and special spots be cancellable by Advertiser. In the event the Publisher agrees to cancel this Contract, or any one directory, which is part of this Contract, any payments made by the Advertiser, may, at the discretion of the Publisher, be applied to out of pocket costs, ad costs, commissions, typesetting and bookkeeping charges. Customer will also be responsible to the Publisher for repayment of discounts money; money received on prior issues predicated upon non-cancellation of customers total program of advertising. No refund will be made unless and until all adjustments, charges for commissions, typesetting, bookkeeping, other charges, costs incurred or any other balance due that have not been paid in full by Advertiser.
Publisher agrees to exercise reasonable care that the copy and listings are correctly printed in each directory issue. Proof of display space and advertising copy will be shown to the Advertiser, if, said proof is not returned by the Advertiser within a week (5 business days), it is mutually understood and agreed that such proof shall be assumed correct. It is further understood and agreed that the advertising copy furnished by the customer must be acceptable to Publisher, that Publisher reserves the right at all times to reject any advertising matter which it deems objectionable, and that no specific position is guaranteed for advertising. Publisher reserves the right to change any classification headings that are shown on the face of this Contract in order to maintain standardization of classifications that will best serve the purposes of the directory. Publisher also reserves the right to create ad copy for customer in the event the customer fails to cooperate in providing the same.
The firm name, address, and telephone number as shown on the face of this Contract is the criteria for correctness in each directory as subscribed, the 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, sixty (60) days prior to any directory issue (publication) date.
The change in telephone number or address of a business or discontinuation of business after execution of the Contract shall not be deemed as making this Contract null and void.
The Advertiser agrees that the Publisher shall not be liable for errors and omissions in directory advertising beyond the amount paid for the item or items submitted or in which errors occur for the life of the issue of the directory involved. If an error should occur in display advertising, the following adjustment credit only will apply or may be considered for the next addition of the directory involved and only up to the amount of payment received by the Publisher. No adjustment will be considered on free ads or classifications. Omissions from publications shall receive a 100% credit only, for any money received by the Publisher and applied to that particular directory only. The credit received shall be applied to the same directory, next issue, or as otherwise agreed by the Publisher in writing\
The Advertiser warrants that he/she is duly authorized to engage in the business or profession described by the classification designated, and further warrants that he/she is the owner of, and entitled to use, or is duly authorized by the owner and entitled to use the copy cuts and illustrations and any trademarks or trade names which may be specified and agrees to notify the 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, suits, losses, damages and judgements which arise from or which are claimed to have arisen from the use of such copy cuts, illustrations, marks and names, together with expenses, including attorney fees and court costs incurred by the Publisher.
The Advertiser agrees to assume sole responsibility for the protection of its proprietary interest in any writing or illustrations in its advertisement, and hereby authorizes Publisher to permit any other person or Publishers to copy or reproduce the advertisement appearing in the directory.
Cuts, illustrations and other special artworks, are to be furnished by the Advertiser, or billed separately to the Advertiser by the Publisher. All original advertising, and any and all artwork prepared, in connection with this application, is the exclusive property of the Publisher and may not be used by Advertiser without prior written consent of Publisher having been obtained.
In the event that a municipal occupation, business, utility, excise or other similar type of tax imposed on Publisher, the Advertiser agrees to pay a percentage of the order price set forth in this Contract equal to the percentage at which the tax is imposed.
A late charge equal to $10.00 allowed by law will be charged on any balance not paid before the due date and for each late occurrence due date. If Advertiser defaults in paying any amount when due, the Publisher at its discretion can terminate set advertisement, declare all charges for the remaining Contract period immediately due and payable and Publisher shall be paid for any reasonable attorney fees, court costs, and other reasonable expenses incurred if it becomes necessary to exert these means to effect collection. Any payments made shall be applied first to late charge and then to any over due balance on any customer Contracts, regardless of any order of publication, and for any publication which is Contracted for under the Advertisers account as Publisher deems fit. It is understood that the Advertiser received a discount as a result of its representation to comply with payment terms as set out in this Contract. In the event the Advertiser defaults under any payment terms of this agreement, then the Publisher shall rescind all discounts afforded and therefore the retail rate (gross amount) value shall be the true rate used in recalculation of any balance due by the customer on their Contract. In the event of a check being dishonored a $35.00 fee shall be assessed to the customer per occurrence.
If the Advertiser sells or assigned his or her business then this Contract will be considered as part of the sale and/or assignment and customer agrees that the amount of monies remaining due on the Contract shall be paid out of the proceed of sales. The Advertiser also agrees that any expenses incurred including reasonable attorney fees, court costs and other costs incurred by the Publisher to enforce the terms of this agreement or in the collection process be added to and become part of the amount due.
Publisher reserves the right to reasonably extend or reduce the target publication date. Advertiser agrees that as pertains to the publications date, that time is not of the essence, that Advertiser is purchasing an advertisement for the scheduled term of each respective publication, regardless of actual publication date.
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 be considered to be severable form remaining provisions of this Contract, and the remaining provisions of this Contract, shall remain in full force.
The Advertiser agrees that this shall be a Massachusetts Contract, and shall be interpreted pursuant to the laws of the Commonwealth of Massachusetts. The Advertiser agrees further that he/she/it shall be subject to the personal jurisdiction of the courts of the Commonwealth of Massachusetts for purposes of this Contract and in connection with any court matter related hereto including without limitation any collection claims.