UNIARTS

TERMS AND CONDITIONS

YELLOW PAGE ADVERTISING

1. This agreement shall constitute a contract when signed by the “Advertiser”(customer) and accepted by the “Publisher” (Uniarts), to place advertising in the UNIARTS ARMENIAN DIRECTORY YELLOW PAGES. NO AGREEMENT OR UNDERSTANDING NOT SPECIFIED HEREIN WILL BE BINDING FOR EITHER PARTY.
2. All copy and instructions must be submitted at time of ordering or mailed to Armenian Directory Yellow Pages immediately thereafter. Publisher will not guarantee publishing of customer’s ad, if Art on Disk or Copy is not received by Art/Copy specified date. Publisher will assume no responsibility for the style of the artwork other than error in copy set by Publisher. Advertiser agrees to indemnify and hold the publisher harmless from any intellectual property copyright and trademark infringement based on material furnished to the publisher in connection with advertisement. Thus any error or omission connected therewith shall be at the discretion of the publisher, limited to a prorated calculation of this contract indicated as REFUNDS below.
3. REFUNDS: There will be no refunds if the work order agreement and Ad Proof have been approved by the customer. All other errors are the publisher’s responsibility and refunds are calculated as follows:
               (A) 100% refund for unpublished ad, or ad in the wrong category.
               (B) 100% refund for a wrong main Phone Number or, if more than one phone number is listed and the second number is correct, the discretion will be 50% refund of the advertising item cost.
               (C) 100% refund for the non printed spot color item charged, 50% refund if the color item ordered is the wrong spot color.
               (D) 60% refund of the total cost of ad ,for misspelled main title (ex.: company name or person’s name); minor body text typos will not be refunded.
               (E) All disputes are pending verification of customer ad copy, and data supplied. Publisher will not be held responsible for any art on computer disk supplied by customer. No other refunds are given.
4. Customer agrees that the position of their ad in relation to the page layout within the specific classification is determined by the Publisher. Customer understands page headings at the top of each page constitutes alphabetical order of page and not category heading. Description of the classification where ad is placed, is indicated in the column titled “CLASS/SIC CODE" of this agreement which identifies the Classification Category (Standard Industrial Code) where the Advertiser wants their advertisement to be placed.
5. In accordance to this contract here within, if publisher has failed to meet customer expectations or violated this agreement, damages would be limited to and only these refunds stated in this contract as applicable. If customer chooses to dispute their rights to the terms of this contract in litigation, it is understood that there will be no compensation for the loss of property or profit. Should legal action become necessary to dispute this matter, the prevailing party in said action shall be entitled to reasonable attorney, court costs including any applicable service charges. The venue to hear this
matter will be held in the City of Glendale California.
6. All orders must be accompanied either by payment in full or by no less than 1/3rd partial payment and valid Visa/Mastercard credit card number with valid expiration date at time of order. All remaining balance is due 30 days after publication. In the event of failure to make payment, (if this contract has provided for such payment), after 30 days of publication, the entire amount of the unpaid balance shall immediately become due and payable. Publisher will then reserve the right to charge balance due on Advertiser’s Visa/Mastercard credit card on file including a 10% fee for processing. Should legal action become necessary to effect collection of any sums due under this contract, the prevailing party in said action shall be entitled to reasonable attorney, court costs and collection agency fees,including interest and any applicable service charges.
7. Publisher shall have the right, but not obligated, to disclose all information obtained from Advertiser to third parties, including without limitation, credit reporting agencies.
8. A check return fee of $20.00 will be charged to customer’s account for all checks returned by the bank. Publisher reserves the right to charge and collect remaining balance including late and interest charges of 1.5% per month.
9. Ad proof of the advertisement is mailed, faxed or e-mailed to customer for approval. One proof must be signed by Advertiser and returned to Publisher on or before the specified date indicated on the proof. If proof is not returned prior to that date, the publisher will not be held responsible for any errors thereafter.
10. Advertiser may indicate corrections such as line, logo, border and photo changes on their ad proof. Such work will carry an additional charge as indicated on the ad proof and price list. All changes must be submitted in writing. Publisher will not be held responsible for copy changes given by Advertiser over the telephone.
11. Publisher reserves the right to reject any advertising matter which it deems objectionable, and that any customer having a prior negative credit rating will be rejected. Either party may terminate this contract by written notice, provided written notice is received by either party within 30 days of this order date. Cancellation by Advertiser after 30 days of the order date will result in forfeiture of any payments or deposits, which at the discretion of the publisher, will be applied to commissions, typesetting, bookkeeping, up to 45% of the original cost of this contract. Similarly, orders placed any time after “January 30” must be paid in full to be accepted by publisher to print their advertisement in the current issue, cancellation/refund terms still apply.
12. Publisher has the right to charge the Advertiser for unauthorized use of the ad artwork duplicated in any other reproductions or publications. Color separation, half tone, duo-tone or tri-tone negatives, artwork created for ad layout by Publisher, remain the publisher’s property.
13.This agreement with customer while under contract is binding upon all parties, including heirs, assignees, and successors in interest, and shall honor the obligation to pay the balance still outstanding in this advertising agreement.
14. UNIARTS ARMENIAN DIRECTORY shall have the right to sell, assign or transfer this agreement with all its rights, title and interest therein to any person or company at any time during the term of this agreement, and any assignee in this contract shall assume all rights and obligations of UNIARTS ARMENIAN DIRECTORY YELLOW PAGES under this agreement.

 

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