Contract Terms & Conditions
This contract is subject to all provisions of the Hawthorn Creative rate card. The publisher and Cape Air reserve the right to reject any advertising that he/she feels is not in keeping with publication standards. No portion of the publication may be reproduced in any form without written consent.
A. PUBLISHER LIABILITY
Publisher will use caution to protect printing materials, but will not be liable for loss or damage. Film and materials will only be returned upon written request prior to press. Advertisers and advertising agencies assume liability for all content of advertisements printed and for any subsequent claims against the publisher, and further agree to indemnify publisher for any damages incurred resulting from such claims. It is agreed that no other liability shall arise between the advertiser and the publisher by reason of this advertising contract.
B. AD SUBMISSION
If advertiser does not approve advertisement within 14 days from submission of proof, or prior to press (whichever comes first), Hawthorn Creative will print advertisement as is, and advertiser releases Hawthorn Creative from any liability for errors or omissions. Any outstanding balance will be automatically applied to the credit card on file. If advertiser fails to submit any artwork prior to press, Hawthorn reserves the right to design and print an advertisement to publisher specifications. Any associated design fees will be charged to advertiser and applied to credit card on file.
C. COLOR ACCURACY AND CAMERA-READY AD CONTENT VERIFICATION
Hawthorn Creative cannot guarantee the exact color accuracy of printed materials on press. To provide best color simulation, please provide a tear sheet. Camera-ready ads will not receive a proof prior to press. To verify advertisement content, a print or tear sheet must be provided. If a tear sheet is not submitted, Hawthorn Creative will not be responsible for any errors, omissions, or font conversions.
All invoices are due and payable in two segments: One half of total advertising cost is due as a deposit payment upon submission of this agreement; second half of cost is due upon approval of advertisement or 30 days from contract date, whichever comes first. If payment is not received within 30 days, credit card will be processed. Installment plans may be prearranged, with the first installment due upon submission of contract and all other installments due every 30 days. If any advertisement is not camera ready, Hawthorn Creative will design an ad at no charge, which includes two rounds of revisions and up to three proofs. Additional proofs are billed at $25 per proof. If an advertiser requests to pull the advertisement prior to project completion, deposit payments are due and nonrefundable. Hawthorn Creative will, however, refund all payments if unable to complete the project.
E. service fees
A service charge of $25 will be applied for all returned checks. A service charge of $10 will be applied for all declined credit cards. Interest will be charged at a rate of 1.5% per month on past-due balances (annual percentage rate 18%). Should it be necessary to have an attorney or agency make demand for payment, or if suit is instituted to collect on this contract, or any part thereof, the advertiser agrees to pay these fees and all other costs incurred. Jurisdiction lies in the State of New Hampshire.
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