The following are certain terms and conditions that govern advertising published by Sosland Companies, Inc., dba Sosland Publishing (“Publisher”). Acceptance of an insertion order for placement of advertising constitutes acceptance of the following terms and conditions.
No terms or conditions in any insertion orders, reservation orders, blanket contracts, instructions or documents that conflict with or alter these terms and conditions will be binding on Publisher, unless authorized in writing.
Agency Commission and Payment
- Publisher may require payment for advertising upon terms determined by Publisher prior to publication of any advertisement.
- Agency and advertiser are jointly and severally liable for the payment of all invoices arising from placement of advertising and for all costs of collection of late payment.
- If an account is placed with a collection agency or attorney for collection, all commissions and discounts will be rescinded or become null and void and the full advertising rate shall apply.
- Invoices are rendered on or about the mailing date of publication or at month end for digital products. Payments are due within thirty (30) days of the invoice date. Prepayment may be required for certain products.
- Advertiser shall pay any international, federal, state and local taxes on the printing of advertising materials and on the sale of ad space.
Cancellation and Changes
- Publisher expressly reserves the right to reject or cancel for any reason at any time any insertion order or advertisement without liability, even if previously acknowledged or accepted.
- Print advertisers may not cancel orders for, or make changes in, advertising 2 weeks after the issue close date. Cancellation of orders or changes in advertising to be placed in any requested position will not be accepted after the issue close date. Cancellation of orders for inserts or onserts will not be accepted after the date ninety (90) days prior to the issue closing date. In the event Publisher accepts cancellation after any of the foregoing deadlines, such acceptance must be in writing, and such cancellation may be subject to additional charges and loss of discounts at Publisher’s discretion.
- Digital media advertisers may not cancel orders for, or make changes in, advertising within thirty (30) days of scheduled publishing date, with the following exceptions. Webinar orders may only be cancelled within 30 days of the insertion order date. Digital newsletter advertisers may not cancel orders for, or make changes in, advertising within sixty (60) days of scheduled publishing date. In the event Publisher accepts cancellation after any of the foregoing deadlines, such acceptance must be in writing, and such cancellation may be subject to additional charges and loss of discounts at Publisher’s discretion.
- Publisher is not liable for any failure or delay in publishing, distributing or circulating advertising that is caused by a force majeure, arising from an act of God, accident, fire, strike, terrorism or other occurrence beyond Publisher’s control.
- The liability of Publisher for any act, error or omission for which it may be held legally responsible shall not exceed the media and production fees of the advertisement affected by the error. In no event shall Publisher be liable for any indirect, consequential, special or incidental damages, including, but not limited to, lost income or profits.
- Publisher is not liable for any failure or delay in publishing, distributing or circulating advertising that is caused by advertiser’s late submission of advertising materials. Print materials are due to Publisher five (5) business days after the publication close date. Digital media materials are due five (5) business days prior to publication.
- Agency and advertiser jointly and severally represent and warrant that each advertisement submitted by it for publication including, but not limited to, those for which Publisher has provided creative services, contains no copy, illustrations, photographs, text or other content or subject matter that violate any law or infringe any right of any party. As part of the consideration and to induce Publisher to publish such advertisement, agency and advertiser jointly and severally shall indemnify and hold harmless Publisher from and against any loss, liability damages and related expenses (including attorneys’ fees) (collectively, “Losses”) arising from publication of such advertisements in all applicable editions, formats or derivations, including, but not limited to, (a) claims of invasion of privacy, violation of rights of privacy or publicity, trademark infringement, copyright infringement, libel, misrepresentation, false advertising, or any other claims against Publisher (collectively, “Claims”, or (b) the failure of such advertisement to be in compliance and conformity with any and all laws, orders, ordinances and statutes of the United States or any of the states or subdivisions thereof as well as all international laws covered under the Geneva Convention. Publisher’s acceptance of an advertisement for publication does not constitute an endorsement of the product or service advertised. No advertiser or agency may use the Publisher’s name or logo without Publisher’s prior written permission for each such use.
- The word “advertisement” will be placed above all advertisements that, in Publisher’s opinion, resembles editorial matter.
- All pricing information shall be the confidential information of Publisher, and neither agency nor advertiser may disclose any such information without obtaining Publisher’s prior written consent.