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TERMS & CONDITIONS
The "Publisher", Internet Service Provider, baseone.com, fastyellowpages.com, gotoweb.com or their other internet divisions to be hereinafter called "ISP", also "Publisher" in this contract means EXPRESSIONS-THE MAGAZINE and FAST YELLOW PAGES in the State of California. "Advertiser" means person, business or any other legal entity who, either signs this contract or books ad space, web page or website on the phone, mail, fax or email to place an ad or ads, web page or websites in any edition of the Fast Yellow Pages or any of the web servers owned by the "Publisher".
1. LIABILITY LIMITATIONS DUE TO OMISSIONS AND ERRORS IN THE AD * IMPORTANT - PLEASE READ CAREFULLY
The Publisher and the advertiser mutually agree that in the event of any omissions or error, the Publisher's liability for damages to any advertiser is strictly limited to actual monies paid for the advertisement in the Fast Yellow Pages in which the claim for damages occurred. Damages arising from ad error, omission or any other cause must be claimed in writing within 30 days (thirty days) of the publication date of the hard copy of the yellow pages (APRIL 30th) and within 7 days (seven days) in case of web page or websites. Such damages are limited to the amount of monies actually paid by the advertiser for the ad or web page or website.
Advertiser shall defend, indemnify and hold publisher, its owners, officers, employees, salespeople, agents, harmless from any and all claims, losses, damages, settlements, liabilities and expenses including attorney fees arising or resulting from publishing of advertiser's advertisements.
2. Any change in the terms and conditions of this contract must be only in writing and signed by the Publisher and the Advertiser.
3. Publisher does not guarantee any specific page or place for the ad unless it has been specifically mentioned in the contract.
4. Publisher (FAST YELLOW PAGES and EXPRESSIONS - THE MAGAZINE), shall have the right to assign, sell or transfer this agreement with the same terms and conditions to any firm, corporation or individual at any time of the contract term, and the assignee shall assume all the rights as well as obligations of the Publisher mentioned in the contract.
5. The Publisher is not affiliated with SBC, Pacific Bell, AT&T or any local telephone companies.
6. This contract (except multi-year contracts) is valid only for the next issue/issues of any edition/editions of the FAST YELLOW PAGES or for the web page/websites. The Publisher reserves the right to make any changes in the name of the directories which appear on the cover page of the directory or which appears in this contract.
7. If the advertising does not meet Publisher's rules and standards, the Publisher has the right either to request the Advertiser to revise the advertising before the deadline or the Publisher will revise the advertising at any time so that it meets Publisher's rules and standards. The ad sizes are approximate: Full Page=7"x9" 1/2", Half Page=7"x4" 1/2", Quarter Page=3 3/8"x4 1/2", Business Card =3 1/2"x1 3/4", Budget Size Ad=1 5/8" x1 7/8". The Header Ad= 6 1/2"x1/4" and the Footer Ad=6 1/2" x1/4". All ad sizes may be reduced by 5% from the sample size or ad proof size approved by the Advertiser. Publisher may also terminate contract if the advertising does not conform to Publisher's rules and standards.
8. Publisher reserves the right to delay publication of the directory. Distribution will be in targeted areas of both business and consumers. These targeted areas will be selected by Publisher to maximize the benefits to the Advertisers. Publisher guarantees to print and distribute a minimum of five thousand directories. The maximum printing and distribution of Fast Yellow Pages editions has been twenty five thousand directories.
9. The directory will consist of a minimum of one hundred four pages, newsprint/yellow news, black ink only unless otherwise specifically mentioned in the contract about any additional color. In case that Northern and Southern California editions are announced separately and there are not enough ads/material to publish separate editions, the Publisher will publish a joint California edition of combining the Northern and Southern California ads and material.
10. Publisher has the right to disclose all or any of the information provided by the Advertiser to a third party or parties, including but not limited to credit reporting agencies as well as to receive information from a third party or parties including but not limited to credit reporting agencies.
11. Payments are due on the specified due date. There are a maximum of 6 (six) payments for each ad unless a written arrangement is agreed in the contract. If any payment is late then the entire amount is due and payable. (Example: $695.00 FP size ad, deposit is $195.00 and $100.00 for 5 months, if the 2nd month is on time and the third is not, then the balance due would be $695.00 less $195.00 deposit and less 2nd payment $100.00, leaving a balance of $400.00 which will be due and payable if the 3rd payment is late. All collection costs, legal fees and attorneys' fees incurred in collection will be paid by the Advertiser.)
12. All payments must be made by check, money order or credit card. NO CASH!
13. Publisher reserves the right to enter under any heading or category such ads as in its judgement is appropriate.
14. The person signing this contract on behalf of the Advertiser warrants that he or she is authorized by Advertiser to sign this contract for and on behalf of the Advertiser.
15. If no payment schedule is mentioned for payment of the ad in the contract, the Advertiser agrees and promises to pay the full amount as mentioned on the reverse side, within 30 days (thirty days) from the date the Advertiser signs the contract on the reverse side or places the ad by phone. If the payment is not made on time then the whole amount will be due and payable on final demand. All collection costs and legal fees and attorneys' fees incurred in collection will be paid by the Advertiser.
In case of web page/websites payments are due on the day of completion of the job and be fully charged on the credit card provided when the contract is signed for the web page/website.
16. Since the space has been reserved for the ad in the directory, should the Advertiser fails to make payments on time, the Publisher, at his option, may or may not run the ad in the directory, in either case the Advertiser is obligated and promises to pay the full price of the ad for the edition. Should an error or omission occur in the ad, Advertiser agrees to abide by paragraph 1 of liability limitations in this contract. Publisher's liability is limited to the refund of monies actually paid for the ad not published due to any reason or in which the error or omission occurred.
17. Advertiser understands that listings are given on a courtesy basis and no warranty is made to their absolute accuracy. Publisher is not responsible for any error or omission occurring in any listing which is published free of charge and only as a courtesy.
18. Advertiser understands that Ad proofs are sent to the Advertisers as a courtesy. Proofs for late ads may or may not be sent out by mail or fax. Failure to receive proof of the ad, or to return the ad proof with corrections to the Publisher so that they receive it on time, does not affect Advertiser's obligation to pay the full amount on the ad.
19. Ad changes or corrections made on the phone are not guaranteed. All changes or corrections must be made only in writing.
20. Advertiser understands and agrees that by reserving the space for the ad or web page/website on phone (unless he/she cancels the same ad space within seven calendar days) is equivalent to acceptance of the Fast Yellow Pages Standard Contract for the prices and ad size Advertiser booked on phone (even though Advertiser has not signed the contract and mailed it to the Publisher), and agrees to pay the full amount due on the ad to Publisher.
21. If Advertiser does not provide logos, artwork, photographs, or specific ad information to the Publisher within two weeks from the date when the ad was booked on the phone or the contract was signed and sent by mail, faxed, emailed or given to a sales rep., the Publisher at his option will design a generic ad giving very basic and general information of name, address and phone number, without logos and picture.
22. For late ads and last minute ads no guarantees are given to publish logos or pictures. Advertiser fully understands and agrees to these conditions and agrees to pay the full amount due on the ad if any of these situations occur.
23. Special packages are offered for multiple ads. For example a customers places 2 ads, the first ad is $100, the second ad of the same size is 50% off is $50 and each additional ad is 50% off. Total price of the two ads in this case is $150.00. Highest price ad at full price, the lowest price ad gets 50% discount in case the ad sizes are not the same for multiple ads.
24. Promotional packages such as ads placed by new customers before September 15th or any other promotional package is one time offer only for new customers. Ads under such packages receive 15% discount on one ad, the lowest price ad.
25. The client or advertiser shall not put any objectionable material on the bulletin boards or the dynamic websites which may result in terrorist activities or compromise of the safety of other persons. Any such material noticed by the publisher or ISP will be reported to proper authorities.
26. The client or advertiser shall not put any objectionable material on the bulletin boards or the dynamic websites which is illegal or deliberately and maliciously injurious to any persons. Any such material noticed by the publisher or ISP will be reported to proper authorities and or deleted by publisher.
27. The Advertiser agrees and promises to pay the full amount quoted and mentioned on the invoice before completion of the job and/or according to contract payment schedule. The advertiser authorises the ISP to charge the credit card for the amount of the invoice and/or contract payment schedule or on the day the job is completed.
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