MEDIA ADVERTISING CONTRACT TERMS AND CONDITIONS
- The advertising described on the reverse of this contract is for insertion into the COMPANY Advertising noted at the top of this contract.
- Applicant agrees to pay the COMPANY noted for the advertising in advance at the rate specified on the reverse side of this contract. In the event of a default in the payment of charges, the COMPANY may, at its option, declare the entire amount of unpaid charges due and payable by giving a notice in writing.
- Applicant hereby warrants that he/she is duly authorized to sell the product or service shown in the copy submitted for the advertisement or listing, and that he/she has the right to use and advertise the trademark, service mark, or trade name therefore. Applicant agrees to indemnify and save harmless the COMPANY against all expense, loss, or damage sustained in any way by reason of the insertion of the advertising for the applicant in the media services.In the event of any objection to the Applicant’s right to use or advertise such product, trademark, service mark or trade name, the COMPANY may terminate this agreement without notice.
- Applicant 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).
- The COMPANY liability on account of errors in or omission 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 omission or error occurred.
- This application is not binding until accepted by the COMPANY. The COMPANY will not be bound by any agreement not expressed herein and reserves the right to reject any advertising which it deems undesirable.
- Payment is due by the date noted on the COMPANY invoice sent to the Applicant. The monthly rate is billed for twelve months at equal monthly increments. If the Applicant selects yearly billing, then the Applicant will receive one invoice for the full amount. The Applicants’ payment must be credited to their account by the date it is due or a late fee of 1.5% will be applied.
A $30 charge applies for all returned checks.
- Assignment. If the Applicant sells or assigns their business, including but not limited to the businesses assets and intellectual property, this agreement will be considered part of the sale or assignment and any monies remaining due on this agreement shall be transferred to the new business and its owners without any exceptions. Applicant agrees that if payments are not made by new owner, the COMPANY has full rights to collect payment from the signer of this agreement. If redundant payments are received from both parties, covering any outstanding balance, the COMPANY will refund payments by the Applicant signer.
- Failure to acknowledge or return proof will not alter contract payment terms or obligations.
- The COMPANY shall not be bound by any promises or agreements not contained here, nor shall any such promise or agreement relieve the Applicant of their obligations hereunder.
- 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 Applicant agrees to pay a prorated charge for the extended period.
- IT IS UNDERSTOOD that ad payment must be current with agreed upon terms. If not paid, the COMPANY may, at its discretion, remove the ad from any media services and keep all or part of the monies received from the Applicant. All costs for collection by court, attorneys or collection firms will be paid by the Applicant, if necessary, to take such action.
- The person signing on behalf of advertiser or orally authorizing the ads and services
- certifies that he or she is either the advertiser or is authorized by the advertiser to sign or orally authorize this agreement, and
- acknowledges and agrees that he or she read, understands and agrees to the terms and conditions that are a part of this agreement. By signing below, you acknowledge that you have requested changes to your advertising program described in this agreement and you agree to all such modifications.
- Website Design – Arvig Media owns the design of websites built by Arvig Media. Arvig Media owns the codes, including HTML, CSS, PHP, any photos that were not provided by the client, and any content that was not provided by the client. This includes but is not limited to software, code, scripts, functionality, hardware, technology and documentation developed by or on behalf of us at any time, or provided by us 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 us at any time, or provided by us as part of, or in connection with this Website; our 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 – Arvig Media will complete up to two rounds of revisions with the quoted website price. Revision requests are to be made within five business days of receiving the website review link. If no revisions are requested within this time, it is assumed that the submitted draft is the accepted final. Any revisions made after this point will incur additional costs at Arvig Media’s current hourly rate of $125/hour. If the client requests drafts or revisions that go beyond the scope of the original quote or rate, Arvig Media reserves the right to charge an additional hourly rate upon informing the client that the request will incur an additional cost.
- Domains – Arvig Media will transfer domains to the client if the client is paid in full and has completed the terms of their contract.
- Suspension/Termination of Digital Products – Arvig Media has the right to suspend/terminate digital services on any customer who has fallen behind on their payments, including taking down websites from the internet until the customer is caught up with their payments.
Arvig Media highly recommends all customers signing up for auto payments to ensure no interruptions in service due to past due account balances.
- Website Restorations/Backups – Guaranteed backup for 6 months from when the website was taken down (excludes landing pages). Websites that have been down for more than 1 month will incur a one-time $125 restoration fee.
- Online Display Ads – Arvig Media own 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 – Arvig Media will use best practices to send online form submissions to the client’s email address(es). Arvig Media does not guarantee deliverability to the client’s email(s) due to the large number of email hosts/spam filters and lack of access to those accounts. Arvig Media will not troubleshoot client’s own personal email accounts.
- Representations & Warranties – Client represents and warrants that it has the rights to use any proprietary information, including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, copy, content, and the like that it may provide to Arvig Media to be included in its website and/or advertising. In the event that Client does not have these rights, Client will repay any associated damages Arvig Media may experience or will take full responsibility so that Arvig Media does not experience any damages.
Last updated on July 8, 2022