Terms & Conditions
The publishing company that is printed on the front side of this directory contract, and who is offering advertising digital services, shall hereinafter be referred to as "Publisher." "Advertiser" shall mean individual, dba, partnership, association, joint stock company or corporation authorizing listings and/or advertising . The parties will be bound by this contract when signed by the Advertiser and accepted by the Publisher. Neither party shall be bound by any special arrangements contrary to, or, in addition to the terms and conditions as stated herein or written hereon, and, no agent or employee of the Publisher has the authority to vary any terms of this application.
This is an annual agreement in which the advertiser is responsible for all payments throughout the life of the Services. Publisher reserves the right to extend or reduce by not more than six (6) months the issue date and period of the directory. If the issue life is extended the customer agrees to pay a pro-rated charge for the extended, period. This
agreement will renew 1 year from the date of signature; unless written cancellation is received 30 days prior to the date of cancellation.
In the event of a default in payment of charges, the Publisher can declare payment of the entire amount of any remaining charges due and payable.
3a. RECOVERY OF AMOUNTS DUE AND AUTHORIZATION FOR ACH DEBITS.
If after 90 days, Advertiser fails to fully pay any invoiced amounts, and Publisher has mailed four or more invoices or statements, Advertiser expressly authorizes Publisher
to recover payments from advertiser for the amount of returned checks and returned check fees, and other amounts owing to publisher, including contracted for advertising services are items that are the subject of this agreement as well as finance charges and any reasonable collection costs or attorney's fees publisher incurs in recovering or attempting to
recover amounts due. In each case, Advertiser expressly authorizes recovery to occur through the initiation of ACH electronic debit entries to any of advertiser's accounts identified on any checks and other items issued by Advertiser, and by debiting such amounts to such accounts. Advertiser agrees and represents to Publisher that all such accounts are and
shall be used for business purposes primarily. Advertiser agrees to be governed by the rules of operation of the National Automated Clearing House Association. Only by notifying publisher in notice that complies with Section 10 of this agreement may Advertiser revoke this authorization. A revocation is effective only after it has been received by the
Publisher and the Publisher has had a reasonable opportunity to act on the revocation.
Advertiser agrees to pay according the payment terms set forth on the front side of this agreement. Any and all advertising appearing in current and/or prior advertising year with the Publisher must be paid in full. This includes all costs and/or attorney's fees incurred by Publisher in the collection of such debt. If the Advertiser fails to make payments
within 30 days of the invoice date, Publisher has the right at its option to: 1) charge interest on Advertiser's account at the rate of 11/2% per month or, the highest rate allowed by law, whichever is less 2) declare the entire balance of the total amount payable under this application immediately due and payable 3) omit the advertising to which this agreement
relates from the next and succeeding issues of the Directory 4) recover all costs including without limitation reasonable attorneys' fees and any other legal or equitable remedies available to Publisher. These remedies are cumulative and the exercise of anyone of them shall not prevent the exercise of the others.
5. DISCONTINUATION OF PHONE SERVICE, OUT OF BUSINESS, OR SELL BUSINESS:
In the event the Advertiser experiences loss of telephone service or sells or discontinues business before or after rendered services, no payment or amount due under the terms of this contract will be waived thereby. The signer of the Contract guarantees payment of the amount due either directly or through escrow if business is sold. A New Owner may assume payment or amount due, if name of business and phone number remain the same. This agreement will remain in effect for the terms set forth within. This contract shall benefit and be binding upon the successors, assigns, heirs and personal representatives of Advertiser. If the Advertiser sells or assigns Advertiser's business to third party(ies), this contract shall also be binding on such third party(ies) and must be disclosed as a binding obligation of the their new owner. If for any reason the new owner fails to
honor the contracted terms, the Advertiser agrees that Advertiser will be jointly and severally responsible for the amounts due including any expenses incurred, including reasonable attorneys' fees, court costs and other costs incurred by Publisher to enforce the terms of this agreement.
If the Advertiser elects to cancel their advertising order for any reason, they must submit written notification to the publisher within seven (7) days of the original contract date. Cancellations must be sent via certified mail to Out Of The Blue Advertising, 320 S Woodland Blvd., DeLand, FL 32720. The non-refundable deposit will be retained as the fee to cover all expenses incurred by the publisher. In the event the Publisher and/or Advertiser cancels this contract, any payments or deposits made by Advertiser may, at the discretion of Publisher, be applied to commissions, design and bookkeeping charges.
The Publisher reserves the right to reject any and all advertising copy. Failure to furnish copy gives the Publisher the right to make up copy. Publisher reserves the right to change any classifications headings that are shown on the face of this contract. Publisher reserves the absolute discretionary right to determine the appearance, format and content of its Directory and to reject any or all trade names, trademarks, advertising and related copy at any time prior to publication. Advertiser acknowledges that the colors proofed in advertisements, by the Publisher, prior to publication cannot be guaranteed during the final print process. The colors are not representative of the actual printed quality. Advertiser assures that they are duly authorized to sell, provide services or use images in their advertisement and that they have the right to use and advertise under all trademarks, service marks, or trade names used therein. Advertiser agrees to indemnify Publisher against all costs, loss or damage sustained in any way pertaining to the insertion of any marketing and hold Publisher harmless from and against any and all claims, demands, suits, damages, causes of action or liabilities and will pay to the Publisher all its reasonable expenses, including attorney's fees, that may result if these warranties are breached. In the event of any opposition to the Advertiser's right to advertise the products, services, trademark, service mark, trade name or images in connection therewith, the Publisher may discontinue the agreement without notice. Advertiser is solely responsible for the protection of its copyright in any writing, illustration, design, map, photograph or any combination included in any of its advertising. No agent, sales representative, or employee of the Publisher can guarantee the position or relative page number that an advertisement will be placed upon. No specific position for search engines is guaranteed. Placement of display advertisements shall be the sole discretion of the Publisher in accordance with their policy and procedures. Publisher reserves the right to reject advertising that fails to conform to its editorial standards. Advertising that fails to meet these standards shall be returned and the applicant shall be afforded opportunity to revise the advertising to conform to the Publisher's guidelines. The Web Submission Form and its content will be what the Publisher creates the advertisement from and the Advertiser agrees will appear online. The Web Submission Form and Publisher supplied attachments, disk's and electronic media provided by the Advertiser will be covered and be bound by these same terms and conditions set forth in this agreement.
By signing this application, the signer certifies that the signer is the Advertiser, or, is authorized to act on behalf of the Advertiser by executing this agreement; Advertiser admits having read all of the foregoing and neither Advertiser nor Publisher shall be bound by any agreement or understanding not expressed in this agreement. Any notice required by Publisher or Advertiser to be provided to the other shall be in writing and shall be regarded to have been made properly only if sent to the Publisher's or Advertiser's address as displayed on the face of this agreement and only if sent by certified or first class mail.
9. TERMS OF LEASE CLAUSE:
‘Out Of The Blue Advertising’ "lessor," agrees to lease to the advertiser, "lessee," and lessee hires from lessor, the domain, and content presented on said domain. The term on this lease shall be 12 months, to commence on the date of the original signed contract and cannot be terminated until one year and a day from the date of the original signed contract . Termination of this lease is subject to the articles of cancellation. In consideration for the leasing of the above-described property, lessee agrees to pay to lessor as rent for the property the sum identified on the front of this agreement, the first payment of which rent is payable on or before the live publication date, and subsequent payment of which is payable on or before the same day of each month thereafter, during the annual term of the lease. Such payments shall be made at lessor's address as set out herein. Lessee may purchase the leased property at any time during the lease for a negotiated buyout price of no less than $500.00, and as based upon and reflecting current market value.
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