Billing/Credit
Advertising charges must be paid within 30 days of invoice being issued by publisher. A 1.5% per month charge will be added to all space, color, position premium and production charges 30 days or more past due. Any legal or collection agency fees incurred in collection efforts will be added to charges due. The publisher reserves the right to request credit information on new and existing advertisers. A prepayment may, at publisher’s discretion, be required of new advertisers. WorldatWork reserves the right to hold placement of an advertisement wherein an advertiser is 90 days or more past due on their payments to WorldatWork.
Copy Acceptance
The publisher reserves the right to reject any advertising.The publisher reserves the right to place the word “advertisement” on copy that resembles editorial material or reject the advertisement unless it is redone, at the advertiser’s expense, in an acceptable format.
Publisher’s Copy Protective Clause
Advertisers and advertising agencies assume joint liability for all content (including text representation and illustration) of advertisements printed by publisher. Advertiser and the advertising agency represent and warrant that all material delivered to the publisher for publication shall be free of libel and that publication thereof will not violate or infringe any copyright, trademark, right of privacy or any other statutory or common law property right of any person. Advertiser and advertising agency agree to defend, hold harmless and indemnify the publisher, its agents, assignees and successors for, from and against any claim, demand, cost, expenses and damages (including without limitation reasonable attorney fees) incurred by such parties due to or in connection with any breach by the advertiser and/or the advertising agency of any of the foregoing provisions of this paragraph.
Publisher Limitation of Liability
Advertiser and/or advertising agency must contact publisher within 30 days after publication regarding an error in an advertisement published by publisher. At the discretion of the publisher, a make-good ad will be inserted at no charge in the next available issue if it was determined that the error was due solely to the publisher’s mistake. Make-good ad is to be a rerun of the corrected ad that ran in error. Publisher must have first received payment in full on the original ad/invoice. Publisher shall not be liable for any costs or damages if for any reason it fails to publish an advertisement. Publisher liability is limited only to placing the advertisement in the next mailing or issue. If contract advertisements do not provide other instructions, the advertisement most recently provided to publisher will run. Publisher is not liable for any losses or damages that an advertiser and/or an advertising agency directly or indirectly incurs due to delays in delivery and/or nondelivery of any issue of workspan or part of any issue thereof because of circumstances beyond publisher’s control. Positioning of advertisements in any issue is at the discretion of the publisher unless the advertiser has contracted to pay an additional charge to be determined by publisher for premium position.
Advertising Agency Commission
15% of gross billing less production charges will be paid to recognized advertising agency on display space, color and preferential position charges provided that the invoice for such billing is paid within 60 days of mailing or other issuance by publisher. Advertising agency commission will not be payable for invoices that are 60 or more days overdue. Also, no advertising agency commission will be payable on production charges, classified line advertising or nondisplay advertisements (including but not limited to online banner advertisements, electronic newsletter sponsorship and vendor’s directory listing). If charges due to the publisher from advertising agency for advertisements placed in conformance with this rate card are not paid properly, the publisher may, at its option, collect said charges from the advertiser, and the advertising agency shall execute all assignments and other documents necessary to facilitate such collection. In addition, publisher may hold advertiser and its advertising agency jointly and severely liable for all sums due and payable to publisher, even if the advertiser has previously paid the advertising agency.
Short Rates and Rebates
Advertisers will be short-rated if within a 12-month period from the date of the first insertion order they do not use the amount of space upon which their billings have been based. Advertisers will be rebated if within a 12-month period from the date of the first two insertion orders they have used sufficient space to earn a lower rate than that for which they have been billed.
Cancellation Clause
Advertisers who do not cancel space 30 days prior to the space-close date will be billed for contracted space.
Rate Protection
The publisher reserves the right to change rates and terms herein at any time without notice. Any such change will not be applicable to advertisers, who at such time have an advertising contract with publisher, until the end of their then-current contract with publisher. Advertising contracts received by publisher on or before Dec. 31, 2006 will be protected at 2006 rates provided there are no changes in the size or publishing frequency incurred during calendar year 2006 that would lessen the overall size of contract.
Miscellaneous Provisions
Advertiser may not assign its rights and obligations under any advertising contract it enters into with publisher without the publisher’s prior written consent. If any term, condition or provision of these policies and procedures shall be declared invalid or unenforceable, the remaining terms of these policies and procedures, other than such term, condition or provision, shall not be affected thereby and shall remain in full force and effect and shall be valid and enforceable to the fullest extent permitted by law. The terms of these policies and procedures and any advertising contract between publisher and advertiser and advertising agency shall be construed in accordance with and governed by the laws of the state of Arizona as applied to contracts entered and performed in said state. The section headings in these policies and procedures are intended for convenience only and shall not be taken into consideration in any construction or interpretation of these policies and procedures or any of its provisions.
Terms and Conditions Super cede Any Other Agreement
The terms and conditions of these policies and procedures apply to all advertising accepted by publisher and super cede the terms of any other agreement between advertiser or advertising agency and publisher, unless such other agreement states that its terms specifically super cede the terms hereof and such agreement is agreed to in writing by the publisher. Except as stated otherwise in the preceding sentence, publisher will not be bound by conditions printed or appearing on order blanks or copy instructions that conflict with provisions of these policies and procedures.
Payment Instructions
Mail check, payable to WorldatWork, at:
WorldatWork
P.O. Box 29312
Phoenix, AZ 85038-9312
All payments must be in U.S dollars, drawn from U.S. banks. Cash cannot be accepted as payment.
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