Advertising Contract Terms (Policies)

March 6, 2007 by  


Guidelines

1. Advertisements must be received by our design department from our advertising department on Monday at the latest in order to go in that week’s paper.
2. Please provide the pictures necessary for the ad as separate jpg or pdf images, at least 170 dpi (we prefer 300 dpi). Ads submitted to us as Excel or Word files are not acceptable and must be redesigned—we will do that for you if you wish, at our reasonable design rates.
3. Design prices ($60 full page color, $50 full page b&w, $45 half page color, $40 half page b&w, $35 quarter page), $30 1/8th page, $25 business card. Our designer is excellent and when she is done you can keep your ad for using in other publications. We will submit our designed ads to you for approval—once approved, there are charges that apply for redesigning ads.
4. Please pay at least 30 days in advance—for volume discounts, pay up front.
5. We require that advertisers pay entire contract period for small (classified and business-card size) ads.

Please feel free to us at (248) 426-7777 or via email at advertising at muslimobserver dot com

General clauses

General description of this contract:

The purpose of this agreement is for us to print ads in exchange for money in accordance with the term and payment arrangements listed on the face page of this agreement. This agreement shall not serve to force us to print ads which are in our view indecent, defamatory, hateful or against our interpretation of the principles of Islam.

Definitions:

“We” “our” and “us” refer to The Muslim Observer.

“You” means the advertiser listed above.

“Your ad” refers to any and all ads given to us by you.

Construction

No heading or subheading of this contract will be interpreted to void or counter any provision of this contract.

Consideration

We promise to print your ad in return for your promise to pay us, and in return for any amount you have already paid us.

Complete agreement:

This contract represents our entire agreement with you. Signing this agreement represents assent to its provisions, and this contract shall be the final definition of our agreement, superseding any oral agreement.

Rare Amendments:

In some rare instances, our management may disapprove of agreements made by our sales agents. When such disapprovals occur, we will notify you within 5 business days of this agreement’s signature date and all the provisions of this agreement shall be terminated and fully discharged.

Duration of agreement:

This contract shall remain in force for the term listed on the face page of this contract, but shall be subject to termination as defined below.

Termination:

We may terminate this contract at any time without incurring any additional liability to you, but if we do terminate it before the full term we will refund any amounts owed to you provided we did not terminate in reaction to your breach of this contract. You may terminate this agreement but by terminating it you forfeit any amount already paid to us and also remain liable to us for any amount unpaid, which we may or may not collect from you, in our sole discretion.

Return of money:

We shall determine, in our own discretion, under our own standards of fairness, whether and how much to return of any moneys received by us from you in the event of termination or breach of this contract.

Waivers

Failure by us to enforce any or all provisions of this contract shall not constitute permission by us for you to neglect your obligations under the contract, and shall not limit our abilities to enforce any term of this contract if and when we decide to do so.

Severable:

If any portion of this agreement is deemed unenforceable or unlawful by any law or court decision, all other portions of the agreement shall remain in full force. If the provisions of this contract are deemed by action of law not to apply to one ad we are printing for you, the agreement shall remain in force to the extent possible regarding any other ads that we are printing for you.

Choice of law:

This contract shall be governed by the laws of the state of Michigan.

Previous Agreements:

Under no circumstances shall this agreement serve to obligate us to honor previous agreements with different price structures, whether oral or in writing, that are not a part of this agreement.

Liabilities and Obligations

Initial payment

Payment is due before printing for either (1) the entire run of ad placements, for short ad runs, (2) the first 4 issues of advertising, or for (3) the entire contractual period (entire period payable in advance for classified and business card sized ads). The Muslim Observer sometimes provides after-publication billing at its sole discretion.

Limitation of liability

Under no circumstances shall this contract be the means of our incurring any financial indebtedness to you. Even in the event of our failing to print an ad, our only liability shall be, at most, the specific performance of either printing or displaying ad(s) for you.

We shall not be liable for accidental failure to print advertisements, even if arising from our own negligence or gross negligence. Nor shall we be liable for any damages that result to you from failure to print an ad or mistakes by us or by our printers in publishing the ad, including consequential damages to you or your customers, whether foreseeable or not. We will endeavor to honor the terms of our agreements with you by extending the course of advertising (if in our sole estimation we can do so and your ad is not time-sensitive), but will not print time-sensitive ads after they are too late, and absolutely will not incur any financial liability for any failures on our own part to print an ad, reprint an ad, or repair a defective ad.

Page promises:

We are unable to guarantee page placement. If you have made an agreement regarding a specific page of our newspaper, we may move your ad to another page of similar, better, or possibly lesser quality (solely at our discretion) in the event that our designers need your page for larger ads or other material. Such changes of placement are rare, but do not constitute a breach of our promises under this agreement. Although this provision relieves us of any obligation regarding page placement, we will endeavor to make you satisfied with any changes to your ad placement.

Failure to pay:

If you fail to pay us within 30 days of our sending an invoice to you, we will stop printing your ad until such time as you bring your account current. By failing to pay us amounts due, you release us from our obligation to print your ad and remain indebted to us for any amounts agreed to under the contract. A 10% Penalty will be added to late payments. In the event you do not pay, you will also be liable for reasonable costs of collection or attorney’s fees related to collection.

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