TERMS & CONDITIONS OF PUBLISHING PROPERTIES, LTD
1) PAYMENT TERMS are cash or approved credit card upon placement of ad. Upon completion of a credit review by
PUBLISHING PROPERTIES, LTD credit management, a credit line may be approved. All credit lines, extensions, or cancellations are established at the sole discretion of the Publishing Properties, LTD credit department. Customer agrees to pay for all advertising ordered by the Customer, including Customer's employee or agents, net upon receipt of a statement or invoice.
2) COSTS OF COLLECTION: Customer agrees to pay costs of collection including but not limited to collection agency fees, court costs and reasonable attorney fees incurred in the collection of any unpaid balance whether or not suit is filed. You agree that your transactions with Publishing Properties, LTD shall be governed by and construed in accordance with the laws of the State of California at the sole selection of Publishing Properties, LTD without giving rise to its conflicts of law principals. You further agree that any lawsuit between Publishing Properties, LTD and yourself shall be brought only in the State or Federal courts of Orange County California at the sole discretion of Publishing Properties, LTD. You hereby submit to the jurisdiction of any such courts in any disputes with Publishing Properties, LTD and you waive any objections to venue being in such courts.
3) INTEREST CHARGES: Past due amounts are subject to an interest charge at the rate of 1.5% per month, commencing from the date they are due and payable and continuing to and including date payment is received by Publishing Properties, LTD.
4) PRICES and distributions are subject to change without notice. All Publishing Properties, LTD publications utilize address lists, purchased from and updated periodically by the USPS, for calculating circulation. For billing purposes, Publishing Properties, LTD circulation for each of its geographic zones will reflect the actual circulation in that zone based upon a monthly update from the USPS. All advertising is sold at the price prevailing at the time Publishing Properties, LTD published the ad.
5) CORRECTIONS: Customer agrees to verify the correctness of the advertisements. Publishing Properties, LTD will be responsible for only one incorrect insertion. Any error must be reported by the Customer within 30 days of the error.
6) DAMAGES: Customer agrees Publishing Properties, LTD shall not be liable to the Customer for damages resulting from failure to include in the advertisement any item of advertising or from errors or omissions printed or not printed in the advertisement, whether or not occasioned by the negligence of Publishing Properties, LTD, in excess of the amount paid to Publishing Properties, LTD for the particular advertisement in which the error or omission occurred, including, but not limited to the loss of business by Customer.
7) CONTENT: Customer assumes full responsibility concerning the right to use any name, address, trademark, service mark, trade name, or other copy in any advertisement. Customer assumes full responsibility for determining that the advertising will conform in all respects to all applicable laws, including, but not limited to, all licensing requirements of federal, state or local licensing authorities.
8) SHORTAGES: If Customer chooses to supply inserts for distribution by Publishing Properties, LTD, then Customer will provide a 2% overrun of such inserts. If Publishing Properties, LTD experiences a shortage of such Customer-supplied inserts and the shortage exceeds (i) 2% of the Customer's order or (ii) 2,000 pieces, then Publishing Properties, LTD will provide appropriate post-production billing credit to the Customer. For insert products that Publishing Properties, LTD prints or coordinates to have printed through a third party printer, if a shortage of such inserts occurs, in an amount greater than 250 pieces, then Publishing Properties, LTD will provide post-production billing credits to the Customer for the entire amount of the shortage.
9) INDEMNITY: Customer agrees to indemnify and hold Publishing Properties, LTD harmless from any claims, loss, damage or liability, which arises out of or results from the use by Customer of an advertisement containing a name, address, trademark, trade name, service mark or any other such similar designations, or arises out of or results from a violation of paragraph 7 herein above.
10) SEM: If Customer is purchasing SEM services from PennySaver, management fees for SEM campaign setup, ongoing optimization, landing page creation, and dedicated account management are included in the invoiced SEM amount.