- Space cancellations, or AD COPY CHANGES, not accepted after closing date. If new material for scheduled insertion is not received by closing date, THE TRADES reserves the right to repeat most recent insertion.
- All advertisements are subject to acceptance by THE TRADES and the advertising contract is therefore deemed to have been entered into in Cumberland County and governed by the laws of the State of Tennessee . Both THE TRADES and Advertiser consent to that jurisdiction. Orders are accepted subject to the terms and provisions of our current advertising rate card, which will prevail in case of any inconsistency or conflict with Advertiser’s order.
- This agreement is not subject to cancellation or termination because of the insertion of an advertisement in an improper position or because of the unintentional or inadvertent failure by THE TRADES to publish the advertising covered by the insertion order. Any improper insertions, errors or omissions shall be corrected by THE TRADES and made good by additional publication, but not otherwise. No deductions from the total sum due THE TRADES shall be made for/on account of any improper insertion, omission or error. The obligation of THE TRADES under this agreement is limited to correcting any improper insertions, omission or error by additional regular scheduled publication. Advertiser shall not be liable for payment of improper insertions, but is responsible for payment of correcting insertions. Intentional omission after closing date is permitted after consultation with advertiser or agency.
- THE TRADES reserves the right to decline or refuse any advertiser for any reason, at any time, without liability, even though previously acknowledged or accepted. Unintentional, inadvertent or refusal to publish advertising invalidates the insertion order for that issue only. Failure of THE TRADES to insert any advertisement shall be considered immaterial and not constitute a breach of this contract, nor shall THE TRADES be liable for damages therefore.
- THE TRADES shall not be liable for copy and/or key changes unless provided with proper digital replacement materials and written request from Advertiser/Agency.
- THE TRADES does not accept responsibility for advertising material left after 6 months. THE TRADES reserves the right to charge Advertiser and/or advertising Agency for late advertising materials.
- THE TRADES guarantees “Pleasing Color” consistent with heat set web presses.
- To qualify for 15% Agency discount, any advertising Agency that represents an Advertiser in THE TRADES must submit a request on Agency letterhead which is to include a separate and distinct company name, principle contact person and mailing address from the Agency’s client Advertisers.
- Advertiser, Agent, or Agency represent that they are authorized to publish the entire contents and subject matter of the advertisements presented to THE TRADES. In consideration of THE TRADES’ acceptance of such material for publication, Advertiser, Agent, and Agency shall indemnify and hold harmless THE TRADES from any and all loss, cost, expense and damages on account of any and all manner of claims, demand, actions and proceedings that may be instituted against THE TRADES on grounds alleging that any advertisement submitted here under by or on behalf of Advertiser, Agent, or Agency violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any person’s right to privacy or other personal rights. Advertiser, Agent, or Agency agrees to, at their own expense, promptly defend and continue the defense of any such claim, demand, action, or proceeding that may be brought against THE TRADES. The Advertiser, Agent, or Agency shall reimburse THE TRADES for any amount paid by THE TRADES in settlement of claims or in satisfaction of judgements obtained by reason of publication of such advertising copy, together with all expenses incurred in connection therewith, including but not limited to, reasonable attorney’s fees and court costs.
- These Terms & Conditions combined with the authorized insertion agreement contains the entire Agreement of the Parties. No representations were made or relied upon by either party, other than those expressly set forth in this Agreement. No agent, employee, or other representative of either party is empowered to alter any of the terms hereof, unless done in writing and signed by a duly authorized officer, employee or other representative of the respective parties.
PAYMENT, CREDIT & COLLECTION POLICIES
Invoices are rendered on the 20th and due net 30 days, for companies having approved credit.
15% commission paid to recognized ad agencies (section 8) when proper press-ready digital files are presented, and invoices are paid within stated terms. Any mechanical or layout work required by THE TRADES for an ad agency will be billed as per THE TRADES current production rate sheet and subtracted from commission. Members Directory listings, classified, and Professionals Directories are not commissionable.
THE TRADES will hold the Advertiser, the Agent, and/or the Agency, either jointly or severely, liable for any delinquencies. Agency clients may be contacted after 45 days. Delinquent contracts are voidable at publisher’s discretion and the balance will be “short-rated” to reflect current rate sheet prices. Any offered discounts will be removed, maximum allowable interest will be applied to each invoice, and contracted “bonus space” used will be billed at rate sheet cost, AND A COLLECTION COMPANY AGENCY PLACEMENT FEE WILL BE ADDED TO THE BALANCE. THIS FEE WILL BE THE FEE CHARGED TO The Trades BY THE OUTSIDE AGENCY TO COLLECT THE ACCOUNT. THESE FEES RANGE FROM 30% TO 50% OR MORE. Should the collector recommend court action, the advertiser shall also be liable for reasonable attorney fees and court costs.
30 DAY DELINQUENCY CHARGES:
The greater amount of the following will be applied to delinquent balances: 18% APR or $5.00 per invoice.
THE TRADES shall mean THE TRADES Publishing Co., Inc. of Crossville , TN. Agency shall mean outside advertising agencies qualifying in section 8 above. Advertiser shall mean the company whose product or service is being advertised whether directly or through an agent. In the event of legal entities other than Sole Proprietorship, Agent shall also mean the individual who by authorizing the agreement, is consenting to personal liability, either jointly or severally, by assuring that payment is guaranteed as contracted, and that these Terms & Conditions are complied with.