Advertising Terms & Conditions
Terms and Conditions
The Colorado Herald, LLC. (“The Colorado Herald”) and the person, firm or entity, including, but not limited to, advertisers, their buying agencies and organizations providing advertising or buying services applying for credit to purchase advertising and/or advertising space (referred to herein as “Advertiser”) hereby agree that the following terms and conditions shall govern the issuance of credit and purchase and sale of advertising space by The Colorado Herald in its print, email, or other means of publication (the “Newspaper”) and/or its website:
- Advertisers will be billed immediately upon their advertisement appearing in the Publication. Online Advertisers will be billed monthly for any campaign lasting longer than one month or, if the campaign lasts less than one month, upon the completion of the campaign.
- For accounts where no credit has been established, payment shall be due and payable prior to insertion. Where credit is allowed by The Colorado Herald, in its sole discretion, payment shall be due and payable within 30 days. If payment is not received when due, Advertiser agrees to pay all reasonable costs of collection, including, without limitation, The Colorado Herald’s reasonable attorneys’ fees and all other costs incurred to effect collection. In the event that an Advertiser’s account becomes delinquent in any respect, then all amounts owed by the delinquent Advertiser shall become immediately due and payable and The Colorado Herald may refuse to publish further advertising for the Buyer. In this event, the Advertiser shall pay for advertising space actually used according to the rate earned at the time of the delinquency.
- Extension of credit to advertising agencies is based on the agency’s acceptance of sole liability for all advertising placed by it and billed to its account. No endorsement, statement, or disclaimer on any insertion order, check or letter shall act as an accord or satisfaction, or as a waiver of this condition unless and until it is accepted by The Colorado Herald by a separate written agreement signed by a duly authorized representative of The Colorado Herald. In the event of nonpayment of any agency account, prior to referring said account for third party collections, The Colorado Herald reserves the right to contact the agency’s client(s), as disclosed principal(s), for payment. If the outstanding balance is still not satisfied, The Colorado Herald may proceed with collection actions against both the agency and its client(s). No such action on the part of The Colorado Herald shall relieve the agency of liability for the debt.
- There will be a $25 charge for any check returned due to insufficient funds or otherwise dishonored by the bank. Returned checks must be replaced with a certified or cashier’s check or by payment made by wire transfer of funds within 48 hours of notification. The Colorado Herald reserves the right to withhold further advertising pending receipt of replacement funds.
- Insertion orders accepted by The Colorado Herald are subject to the foregoing terms and conditions. Terms, conditions, rates, or agreements not set forth herein or in then-current rate schedules are not binding on The Colorado Herald. Account executives and sales representatives are not authorized to modify these terms and conditions.
- Advertiser may terminate this contract upon 24 hours’ prior written notice. Any advertisement published prior to termination will be re-billed at the earned rate rather than the contracted rate.
- Late cancellations will be billed at the contracted rate to the Advertiser.
- Cancellation of online insertion orders prior to completion of the requested run will not result in pro-rated refunds.
- In the event of any error or omission by The Colorado Herald in the performance of its obligations under this Agreement, including without limitation The Colorado Herald’s failure to publish an Advertiser’s advertisement, The Colorado Herald’s sole and exclusive obligation shall be to give the Advertiser credit for as much of the space occupied by the advertisement as is materially affected by the error or omission; and The Colorado Herald’s obligation to give such credit shall not apply to more than one incorrect insertion under any contract or order unless The Colorado Herald is notified, in writing, of the error or omission prior to the deadline for repetition of the insertion. Credit for error or omission by The Colorado Herald may be requested in the form of “make good” advertisements which must appear within 48 hours of the error or omission or in the next available issue of the publication. The Colorado Heral dshall not, under any circumstances, be responsible for any indirect or consequential damages, including, without limitation, loss of profits, business interruption, loss of goodwill, or punitive damages, regardless of cause.
- The Colorado Herald does not guarantee any given level of circulation or readership for an advertisement.
- The Advertiser assumes liability for all content (including text representation and illustrations) of advertisements published and also assumes responsibility for any claims arising therefrom made against The Colorado Herald, including, without limitation, reasonable attorneys’ fee and all other costs associated with defending against such a claim.
- All advertising copy that might be mistaken by a reader as news, feature, or other non-advertising materials must be clearly marked “advertisement.” In the event such copy is not clearly marked, the “advertisement” notation will be added by The Colorado Herald.
- All positions are at the option of The Colorado Herald. In no event will adjustments, reinstatement, or refunds be made because of the position and/or section in which an advertisement has been published.
- The Colorado Herald will seek to comply with position requests and other stipulations that appear on insertion orders, but cannot guarantee that they will be accommodated. Payment of a premium position does not guarantee positioning. In the event that The Colorado Herald is unable to provide the requested positioning, the premium position fee will be refunded. Account executives and sales representatives are not authorized to modify this provision or to guarantee positioning on behalf of The Colorado Herald. Misclassification of classified ads is not permitted.
- The Advertiser shall pay the cost of composition of advertisements set but not used.
- Charges for changes (not corrections) from the original layout and copy will be based on current composition rates.
- Advertiser shall be responsible for the submission of advertisements (including all advertising copy, art, and other related materials) to The Colorado Herald on or before the published deadlines. The Colorado Herald will not be responsible for errors appearing in advertisements that are placed too late for proofs to be submitted or for errors due to delivery of printing materials past published deadlines from the Advertiser or from a third party designated by the advertiser or advertising agency as a source for printed materials.
- Advertisers are responsible for checking the accuracy of the proofs they request. The Advertiser must carefully check the entire ad proof, including areas in which changes or corrections were not requested.
- Advertiser shall furnish all advertising material. The Advertiser will pay all expenses connected with the delivery of advertising material to The Colorado Herald.
- The Colorado Herald, in its sole discretion, reserves the right to refuse any submitted advertisement for any reason, including, without limitation, subject matter, form, size, wording, illustration, typography, and content.
- If due to an act of God, war, government regulation, terrorism, disaster, strikes, civil disorder, mechanical or electronic breakdowns, or any other emergency of a comparable nature beyond The Colorado Herald’s control, any advertisement contracted to be printed or carried hereunder is omitted or otherwise not circulated, The Colorado Herald may suggest a substitute date for publishing the omitted advertisement. If no such substitute ate is acceptable to Advertiser, The Colorado Herald shall allow the Advertiser a pro-rata reduction in the charges.
- Advertiser shall indemnify, defend and hold The Colorado Herald and its affiliates and their respective directors, shareholders, officers, employees, and other representatives harmless from and against any and all liabilities, losses, damages, costs, and expenses (including without limitation reasonable attorneys’ fees) which The Colorado Herald or such indemnities shall incur by reason of any claim, suit, proceeding, investigation or action by any governmental authority or other third parties against The Colorado Herald or such indemnities based upon, or arising out of, any breach or alleged breach by Advertiser of this Agreement, the contents of any Advertiser’s materials, the manufacture, marketing, use, distribution or purchase of Advertiser’s products, or the negligence or intentional misconduct of Advertiser.
- The Agreement will be governed by and interpreted in accordance with the laws of the State of Colorado without giving effect to conflicts of law principles. The parties consent to the exclusive jurisdiction in the state and federal courts in the State of Colorado, County of El Paso, with respect to any claim arising out of or related to this Agreement.
- Advertiser represents and warrants to The Colorado Herald that: (i) Advertiser owns or has the appropriate license to use any and all materials provided to The Colorado Herald hereunder; (ii) no part of Advertiser’s materials contains or will contain any defamatory or libelous matter, nor will Advertiser’s materials, in any way, infringe upon or violate any copyright, trademark, patent, right of privacy or any other rights (statutory, proprietary or otherwise), or violate the provisions of any law, regulation, ordinance or ruling of any court, government body or agency; (iii) it has full power and authority to enter into and perform under this Agreement (iv) this Agreement t (a) has been and will be duly authorized, executed and delivered by Advertiser and (b) constitute and will constitute valid and binding obligations of Advertiser; (v) performing under this Agreement does not and will not breach, conflict with or constitute a default under any other agreement, arrangement or instrument applicable to Advertiser.
- Any director, officer, an employee of Advertiser signing or otherwise entering into this Agreement represents and warrants that he or she is duly authorized to execute and enter into this Agreement on behalf of Advertiser.
- All notices relating to this Agreement must be in writing and sent via U.S. certified mail, return receipt requested, or by nationally recognized overnight courier, to the other party’s current address (if available), and notice will be effective upon receipt.
- The Colorado Herald makes no warranties or representations, either express or implied, as to fitness, merchantability, or any other matters of any kind or nature, except as expressly set forth herein. A waiver by either party hereto of any default or breach by the other or of any provision hereof shall not be considered a waiver of any subsequent default or breach of the same or of any other provisions hereof. The failure of either party to object to or to take affirmative action with respect to any conduct of the other which is in violation of this Agreement shall not be construed as a waiver thereof, or of any future breach or subsequent wrongful conduct.
- This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and thereof and (i) shall supersede all prior agreements, arrangements, or understandings with respect thereto and (ii) may not be modified by the terms, conditions, or provisions of any purchase order or other instructions submitted by Advertiser. This Agreement may not be changed or modified or any provisions therein waived except in a writing signed by both parties.
- If any term or provision of this Agreement shall, to any extent, be held to be invalid or unenforceable, the remaining terms and provisions of this Agreement shall not be affected thereby and each term and provision thereof shall be valid and enforced to the fullest extent permitted by law. This Agreement shall be construed without regard to any presumption or other rule requiring construction against the party causing such documents to be drafted.