Terms And Conditions

 
Placing an advertisement using Mediaspace Solutions® is considered acceptance of these terms and conditions.
I. Billing and Payment
 
A. All fees are due and payable within ten (10) days of the date of invoice. Late payments will bear interest at the rate of 1.5% per month, or, if lower, the maximum rate allowed by law.
B. If required by advertiser/agency, one tearsheet or affidavit of publication for each insertion will be provided for billing payment purposes and billing will occur on a weekly basis for all advertisements verified.
C. Advertisement is contingent upon successful credit review. Any advertisement submitted to be placed without pre-established credit approval is subject to a prepayment of the total amount due.
D. If an advertiser utilizes an agency, advertiser and agency shall be jointly and severally liable for complying with all these terms & conditions, including payment for all advertising.
E. Any outstanding balance that is not paid in accordance with the terms indicated above will be considered past due. The entire balance will be due and payable immediately and Mediaspace Solutions® reserves the right to refuse to place any additional business until such balance is no longer outstanding.
II. Planning
 
A. Mediaspace Solutions® requires a composite copy of the advertisement before a quote is offered and final copy before insertions are offered to the newspaper.
B. Information provided during the planning/quoting process remains the property of Mediaspace Solutions®. Any advertiser found to share or utilize this information for their own placement may be subject to service charges.
III. Placement
 
A. Mediaspace Solutions® is not liable for changes to an insertion order received after the papers' closing date has passed.
B. Mediaspace Solutions® is not liable for any specific position, size or wording changes made by the specific paper according to their internal policies. Final ad material acceptance rests with the individual publishers.
IV. Liabilities
 
A. In consideration for placement and fulfillment of your advertisement, the Advertiser and Agency, jointly and severally will indemnify and hold harmless Mediaspace Solutions®, their officers, agency, and employees against expenses (including legal fees), liabilities and losses resulting from the publication and distribution of advertising, including without limitations, claims or suits for libel, violation of privacy rights, copyright or trademark infringement, deception or other violations of law.
B. Except as provided in this paragraph, Mediaspace Solutions® shall not be liable for any damages or related expenses resulting from errors in, or nonpublication of ads, including but not limited to, incidental, consequential, special, general, presumed or punitive damages or lost profits. The sole and exclusive remedy against Mediaspace Solutions® for errors in, or nonpublication of an ad shall be a refund of the cost of the ad containing the error or the printing of one make-good insertion; provided that the advertiser has paid for the ad with the error or was not published. Notice of errors must be given in time for correction based upon the specific paper's conditions.
C. Any terms and conditions printed or otherwise appearing on orders or copy instructions do not bind Mediaspace Solutions®. If any terms are in conflict with this agreement, these agreement terms take precedent.
V. Jurisdiction
 
This agreement shall be governed under the laws of the State of Connecticut.
 

—Effective July 1, 2001—


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