|
ADVERTISING
AGREEMENT: This is a Contract for
advertising between Nexus Publishing, Inc. (Nexus)
and the undersigned Advertiser and is for the selected
ad(s) at Contract Discount Rates.
RATES
& TERMS
This Contract
is made and accepted according to the dates and conditions
described in Nexus's then current Rate Card.
Advertisers who order advertisements at Discount Contract
Rates understand and agree that placing an order creates
a binding obligation and contract to pay for all advertisements.
All
Ads must be paid in full when placed or by the ad
deadline for each issue.
Advertising
rates may change without notice. A Contract for advertising
in two or more issues ensures that the Advertiser's
rate for that ad will not change for the duration
of the Contract, providing that advertiser has fulfilled
the terms of the Contract.
If
payment for any amount due Nexus is not made
according to the terms of this Contract, Nexus
reserves the right, without waiving any other rights,
to refuse to accept any further advertising until
all past-due payments are made. Advertiser agrees
to pay twenty-one percent (21%) per annum interest
on any past-due balance. Advertiser further understands
and agrees to pay all costs, reasonable attorney's
fees and interest on the balance due at the then current
highest legal rate incurred by Nexus to collect any
amount due.
Advertiser
understands and agrees that Nexus will run
Advertiser's most recent copy and art if Nexus
receives no new copy or art by the ad deadline for
each issue.
WARRANTIES
Advertiser
warrants that all advertising purchased under this
Agreement is specifically for the regular business
of the Advertiser.
Advertiser
further warrants that all advertising submitted is
true and contains no falsities to the best of the
Advertiser's knowledge.
Nexus's
liability is limited to the price of the ad.
Advertiser
will hold Nexus harmless from and indemnify
Nexus for any costs whatsoever incurred through
the placement of Advertiser's ad.
TERMINATION
Advertiser and Nexus may terminate
this Contract by giving Nexus prior
written notice before the ad deadline for
each issue.
If
the Advertiser chooses to terminate this
Agreement, Advertiser will be charged a
$55 administrative fee and will further
be charged for all previous advertising
under this Contract at a rate corresponding
to the number of times the ad was placed
and paid for; e.g. when a six-time contract
is terminated after three runs of the ad,
the three-time rate would apply.
GENERAL
TERMS
All copy submitted for advertising must be typewritten
and double spaced. Nexus will not be responsible
for mistakes resulting from handwritten copy.
Any
change an Advertiser wishes to make to an ad must
be submitted to Nexus in writing by the ad
deadline for the issue in which the change is to appear.
Nexus will try to fulfill change requests after the
ad deadline. If your change request is sent after
the ad deadline, please include payment of a $15 late
fee.
Any
waiver by Nexus of any breach of any of the
terms of this Contract shall not constitute a waiver
of any subsequent breach of the same terms or any
other terms of this Contract. This Contract is subject
to the laws of the State of Colorado, USA, without
regard to conflict of law principles, and the parties
understand and agree that any and all disputes must
be within the exclusive jurisdiction of the State
Courts in Boulder County, Colorado, and federal courts
in Colorado and the parties hereby consent to such
jurisdiction and venue.
If
any provision of this contract is deemed void or unenforceable
then all other provisions of this Contract shall remain
in full force and effect. This Contract may not be
assigned by Advertiser without prior written permission
of Nexus.
This
Contract is the entire agreement of the parties and
supercedes all prior communications and agreements
where written or oral. This Contract may only be modified
by a prior written agreement signed by authorized
representatives of the parties.
By submitting this form you
are agreeing to this contract. |