The Neighborhood Connection Terms & Conditions
Advertising with The Neighborhood Connection is subject to all terms & conditions provided below. The Neighborhood Connection will be defined as “Publisher” and the Advertiser and/or Agency purchasing advertising within The Neighborhood Connection will be defined as “Client and/or Merchant”. All notices required pursuant to this agreement are to be in writing and received by Publisher at 4180 Ruffin Road Suite 235, San Diego CA 92123.
Client Responsibility: The Publisher reserves the right to reject or cancel advertising content which, in it’s opinion, does not conform to the standards of the publication. The order or request for advertisements shall be deemed to be a representation to the Publisher by the Client that they are properly authorized to publish the entire contents and subject matter thereof. It is also understood that when advertisements containing the names, pictures and/or testimonials of persons, whether living or dead, are submitted for publication, the order or request for such publication shall be deemed to be a representation by the Client that they have obtained all necessary written consent for such use. In consideration of publication of an advertisement, the Client agrees that they shall indemnify and save the Publisher, its agents, and employees harmless from and against all damages, losses, liabilities and expenses whatsoever, including, but not limited to, (i) reasonable fees of counsel selected by the Publisher and (ii) losses a) resulting from the acceptance of any advertisement, b) resulting from any delays in publication, c) resulting from all claims, demands, suits, actions, or proceedings arising directly or indirectly from the publication of any advertisement (including, but not limited to, claims or suits for libel, infringement of copyright or trademark, unfair competition, plagiarism, or violation of right of privacy), or d) based upon or arising out of any matter contained in any advertisement. Publisher assumes no financial responsibility for any error or omission in printing or publication of an advertisement, but if at fault, Publisher will offer the Client a credit in the form of advertising space up to the original ad size if reported within two weeks of publication date.
Production: Materials for ad content creation will not be accepted after Art Material Deadline. Clients may not make design changes to ad content after Art Material Deadline. If in the event client does not request changes to their existing ad by the monthly published deadline, Publisher will run the previous month’s ad content without notifying client. It is the responsibility of client to inform Publisher and/or Publisher’s Marketing Consultant of any changes before deadline.
Payment Terms: All payments for advertising must be received by Publisher at least ten (10) business days prior to the publication date, failure of which may result in advertising being pulled from the publication. A failure to complete this agreement fully to its terms will result in a short rate to Client. The short rate is determined by charging back to the appropriate earned rate for all ads run. Client agrees to pay any and all collection charges and fees, including reasonable Attorney’s fees and court costs, if it becomes necessary for Publisher to hire legal counsel to collect short rate and overdue balances. In the event any invoice is not paid within 30 days, all invoices outstanding and unpaid charges shall become immediately due and payable, and any agency commission will be voided as unearned. Payments received 30 days after publication will be assessed a 1.5% monthly finance charge. All rates are subject to change without notice.
Client is an independent contractor. Nothing in this Agreement will be construed or implied to create a relationship of agency, partnership affiliates, joint employers, or joint ventures between the parties. Neither Client nor Client employees and agents are or will be deemed for any purpose to be employees of Publisher. Publisher will not be responsible to Client and agents or any governing body for any taxes related to the performance of services under this agreement.
Limitation of Liability
EXCEPT WITH RESPECT TO THEIR RESPECTIVE INDEMNIFICATION OBLIGATIONS HEREUNDER, UNDER NO CIRCUMSTANCES SHALL ANY PARTY OR ITS AFFILIATES BE LIABLE TO ANY OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS.
Representations and Warranties
Each party represents and warrants that it has the necessary and full right, power, authority and capability to enter into this agreement and to perform its obligations hereunder; that it owns or controls the rights granted or licensed to the other party herein; that the execution and performance of its obligations under this Agreement will not violate any known rights of any third party, any commitments or any applicable federal, state and local law or regulation; and that to its knowledge the marks, logos and intellectual property licensed to the other party herein do not violate the proprietary rights of a third party.