MEDIA ADVERTISING CONTRACT TERMS AND CONDITIONS
Parties. The Advertising Agreement is between Arvig Enterprises, Inc. or any subsidiary thereof (hereinafter “Company”) and Customer as identified in the Service Agreement. The Customer agrees to pay Company in advance at the rate specified in the Service Agreement and Company agrees to advertise for Customer as agreed herein.
By signing this agreement, Customer agrees to pay the amount stated and for the term indicated on the Service Agreement. Customers who terminate service without fulfilling the Service Agreement, will be charged all remaining costs that would have been due to the Company under the terms of the agreement. All terms and conditions apply. Taxes and fees are in addition to the monthly rate.
Company may require full payment in advance, monthly payment, annual payment, or as indicated on this contract for various services, all at Company’s sole and absolute discretion. Company may require full payment in advance, monthly payment, annual payment, or as indicated on this contract for certain products before work can be done as noted on the contract.
Duly Authorized. The person authorizing on behalf of Customer certifies they are duly authorized by the Customer to enter into this agreement, and has read, understands, and expressly agrees with the terms and conditions of this agreement. Customer acknowledges that Customer has requested modifications to the advertising program described in the Service Agreement and agrees to all such modifications.
Binding Agreement. This agreement is binding only once accepted by both Customer and the Company. The Company will not be bound by any agreement or terms of any agreement or promise not expressly stated herein nor shall anything relieve the Customer of their obligations hereunder unless in writing and signed by both parties hereto. Company reserves the right to reject any advertising from any Customer for any reason or for no reason whatsoever. Failure to acknowledge or return proof will not alter existing contract payment terms or obligations.
Payment. Payment is due by the date noted on the Company invoice sent to the Customer. The monthly rate is billed for twelve months in equal monthly increments. If the Customer selects annual billing the Customer will receive one invoice for the full amount. The Customer’s payment must be credited to their account by the date it is due or a late fee will be applied. A non sufficient fund (NSF) charge applies for all returned checks.
Assignment. If the Customer sells or assigns their business, including but not limited to the business’s assets and intellectual property, this agreement will be considered part of the sale or assignment and any and all monies remaining due on this agreement shall be due and payable from the new owner or assignee. Customer expressly agrees that if payments are not made by the new owner, the Customer shall pay such amounts in full upon written demand by Company. If redundant payments are received from both parties, covering any outstanding balance, the Company will refund the redundant payment to the Customer.
Issue Date. The Company reserves the right to extend or reduce by not more than six (6) months the issue date and period of the publication. If the issue is extended, the Customer agrees to pay a prorated charge for the extended period.
Copyright Protection. Customer assumes sole responsibility for the protection of its copyright in any writing, pictorial illustration, design, map, photograph, or combination thereof included in its advertisement(s).
Errors and Omissions Damages. The Company liability on account of error(s) in or omission(s) of such advertising shall in no event exceed the amount of charges for advertising which was omitted or in which the error occurred in the then-current media services and such liability shall be discharged by an abatement of the charges for the particular listing or advertisement in which the error(s) or omission(s) occurred.
Default. In the event of a default by Customer, Company may, at its sole and absolute discretion, declare the entire unpaid amount due and payable by giving a notice to Customer in writing. Company may also, at its sole and absolute discretion, remove the advertisement from any media services and keep the monies received from the Customer, as liquidated damages.
Costs and Fees. If Company incurs costs or fees, including reasonable attorneys’ fees, in pursuit of payments due from Customer, including but not limited to litigation costs and fees, if any, such amounts shall be charged to Customer.
Website Design. Company owns the design of websites built by Company. Company owns the codes, including HTML, CSS, PHP, any photos that were not provided by the Customer, and any content that was not provided by the Customer. This includes, but is not limited to software, code, scripts, functionality, hardware, technology, and documentation developed by or on behalf of Company at any time, or provided by Company as part of, or in connection with this website; interfaces, protocols, databases, data formats, structured XML formats, grammars, glossaries, libraries, specifications, and other similar materials developed by or on behalf of Company at any time, or provided by Company as part of, or in connection with this Website; Company’s trademarks, service marks, logos, insignia, domain names, trade names, trade dress (including any “look and feel”) whether now known or created in the future; ideas, processes, procedures, systems, methods of operation, concepts, principles, and discoveries of any kind made or developed at any time.
Website Design Changes & Revisions. Company will complete up to two rounds of revisions with the quoted website price. Revision requests are to be made within five (5) business days of receiving the website review link. If no revisions are requested within this time, the submitted draft shall constitute the accepted final. Any revisions made thereafter will incur additional costs at Company’s current hourly rate. If the Customer requests drafts or revisions that go beyond the scope of the original quote or rate, Company reserves the right to charge an additional hourly rate upon informing the Customer that the request will incur an additional cost.
Domains. Company will transfer domains to the Customer if the Customer has paid in full and has completed the terms of their contract.
Suspension/Termination of Digital Products. Company has the right to suspend or terminate digital services, including taking down websites, for any Customer who fails to make timely payments. Company urges all Customers to sign up for auto payments to ensure no interruptions in service due to past-due account balances.
Website Restorations/Backups. Company shall provide a backup for six (6) months from when the website was taken down (excludes landing pages). Websites that have been down for more than one (1) month will incur a one-time restoration fee.
Online Display Ads. Company owns the visuals for any digital images that are shown or are on the internet, whether it be on an app such as Facebook, Instagram, etc., or on another business’s website.
Email Deliverability. Company will use best practices to send online form submissions to the Customer’s email address(es). Company does not guarantee deliverability to the Customer’s email(s) due to the large number of email hosts and spam filters and lack of access to those accounts. Company will not troubleshoot Customer’s personal email accounts.
Representations & Warranties. Customer hereby represents and warrants that it has the rights to use any proprietary information, including, but not limited to trade secrets, trademarks, service marks, trade names, logos, copyrights, images, data, figures, copy, content, and the like. Customer is duly authorized to sell the product or service shown in the copy submitted for the advertisement or listing provided to Company to be included in its website or advertising.
Last updated on November 9, 2022