Terms & Conditions
ADVERTISING INSERTION ORDER & SALES AGREEMENT STANDARD TERMS AND CONDITIONS
Advertising Policy: Advertising ordered and billed at agreed frequency rate, which does not complete total frequency will be re-billed at the appropriate earned rate. Earned rate is based on the number of ads run and the applicable rate indicated on the Rate Sheet for that frequency. Mixed sizes of ads in a campaign are acceptable. No cash rebates will be made. No oral conditions or copy instructions, which conflict with McLeod Creative’s policies as set forth in the Advertising Sales Agreement will be binding on McLeod Creative.
Copy Responsibility: Submission of copy is the responsibility of the advertiser. No cancellation or changes will be accepted after the issue close date indicated on the front of the Agreement. If new copy is not received by close date, Advertising of last insertion will be run, or, if no previous insertion, client is liable for cost of contracted space not used and space will be allocated at discretion of McLeod Creative.
Copy Appearance: McLeod Creative, in its sole discretion, reserves the right to reject any advertising considered objectionable as to wording, substance or appearance. Advertising that resembles editorial may be marked “Advertisement” by McLeod Creative.
Advertiser’s Responsibility: By submission of its advertisement and/or advertisement copy, the agency and/or advertiser represents that the agency and/or advertiser is authorized to publish the entire contents and subject matter thereof. In consideration of McLeod Creative’s acceptance and the publication of such advertisement, the agency and/or advertiser agree to indemnify and hold McLeod Creative harmless from and against any loss or expense resulting from claims or suits based upon the contents or subject matter for such advertisements, including without limitation, claims or suits for defamation, libel, violation of privacy, plagiarism, or copyright infringement, whether published in print or electronic format.
Advertisement Design/Production: All advertising materials and photographs designed and produced by McLeod Creative or The One Bride Guide are exclusively for use in its publications. **Any further use of these ads, designs, logos or materials in other publications or media must be negotiated between the advertiser and McLeod Creative.
Billings: INVOICES ARE NET AND PAYABLE UPON RECEIPT UNLESS OTHERWISE STATED. Invoices will be assumed correct unless McLeod Creative is notified in writing within ten days of billing date. Payments will be made directly to McLeod Creative’s business office at 402 Peoples Street, Suite 1A, Corpus Christi, TX 78401.
Late Fees: Accounts delinquent 30 days or more will be charged interest at the rate of 18 percent per annum (1.5%). Accounts delinquent 90 days or more are subject to cancellation and will be billed at the appropriate earned rate plus interest as stated. Discounts for current and future issues will not be allowed on accounts delinquent 90 days or more.
In the event of default, advertiser and/or agency shall be totally liable for all fees and sums, including but not limited to reasonable attorney’s fees and court costs, incurred by McLeod Creative or The One in the collection of said accounts. Venue for any judicial proceeding concerning enforcement of any provision of this Agreement including any action for non-payment, shall be Corpus Christi, Nueces County, Texas.
Agency Discount and Terms: Advertisers and their agents/agencies, or buying services and their clients are jointly and severally liable for all monies due to McLeod Creative. Payment is due upon receipt of invoice.
Cancellations/Earned Rate: All requests to cancel an existing Agreement must be received by this office in writing, at least one month prior to closing dates of issue ad is scheduled to run in, as indicated on the face of this Agreement and on the Rate Sheet. If this Agreement is cancelled or breached, advertiser will be charged for a space at the applicable earned rate.
Position Requests: We will do our utmost to honor all requests, but there is no guarantee. If, for whatever reason an ad is not in the requested position, McLeod Creative will not issue credits or other make-goods.
Errors: In the event of an error in an advertisement, it is the advertiser’s responsibility to notify McLeod Creative in writing within seven days of publication. McLeod Creative’s liability will not exceed the forfeiture of revenue for the ad space and the correction of the error. McLeod Creative’s liability will not exceed the number of issues that have closed prior to the acceptable notification.
Circulation/Distribution: McLeod Creative reserves the right to change circulation per issue or per year. These changes will in no way affect the existing Agreement or the agreed upon rates for the duration of these Agreement.
Miscellaneous: McLeod Creative will not release an ad to another publication without a written release from client or agency. McLeod Creative will not release originals or electronic disk unless billing is current. McLeod Creative is not responsible for customer owned advertising materials left unclaimed 60 days after publication date.
This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and/or oral agreements and communications relating to the subject matter of this Agreement. Any amendments shall be effective only if made in writing and executed by all parties to this Agreement. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement shall be governed by the laws of the State of Texas without regard to the conflict of laws provisions thereof.