Agreement Terms

Errors, omissions and miscommunications are a fact when creating and deploying the number of advertisements we create every year. By advertising with us you agree that compensation for any damages or situation depicted above, will be limited to our running (repeating) your ad once in a later edition. Also, we are not responsible for representations and business behaviours of those advertising in our paper.

All advertising insertion orders, contracts and copies are subject to Publisher’s approval (Empleos/Hispanic Trade). Publisher reserves the right to refuse any advertisement for any reason. It is understood that the Publisher will not increase/raise its advertising rates for the period specified in this agreement. It is also understood that the Advertiser may not cancel this agreement during such period.
In case the Advertiser decides to remove the advertisement made the subject of this agreement, Advertiser must inform, via written notification to Publisher, seven (7) days prior to the intended removal date. Email does not count as written notification, US mail must be used. Publisher will not be held responsible for continual posting of advertisement made the subject of this agreement unless properly informed as specifically stated above. Written notification should be addressed to Empleos (Hispanic Trade) and mailed to the following address P.O. Box 660346, Vestavia, AL 35266-USA, return receipt requested. Publisher reserves the right to cancel this agreement at any time for any reason.
If the Publisher agrees to cancel this contract before completions; and/or Advertiser fails to make payment; and/or Advertiser removes advertisement prior to completion of this agreement… the agreed upon advertisement cost will no longer be in effect and the cost will be short-rated at the earned rate (in other words an Advertiser can’t enjoy 6 month pricing and only run for 2 months and then cancel). Frequency and promotion discounts can be determined either by the number of issues or by the number of insertions in a given issue, or both, within a 12 month period.
Publisher will provide the advertiser with free artwork for the advertisement made the subject of this agreement. All artwork produced and/or developed in conjunction with this agreement is and shall remain, as property of the Publisher; and may no be reproduced unless written consent is granted from the Publisher, or said Publisher is compensated for translation and artwork development costs at $65/hr.
The Advertiser and the advertising agency representing the Advertiser are jointly and totally responsible for payment of the advertisement. The Publisher reserves the right to omit Advertiser’s ads and cancel this agreement, if payment is not received in accordance with the terms of this agreement, invoices and/or credit application.
Publisher does not guarantee Advertiser’s ads in any specific location or page, unless specified in the agreement. The Advertiser agrees that the Publisher’s legal liability/responsibility for any error will not exceed the cost of the omitted advertisement. This especially includes key numbers.
All advertisements are accepted for publication with the understanding that the Advertiser and the advertising agency assume full responsibility and liability for all copies submitted. Therefore, the Advertiser and Ad Agency herby agree to indemnify the Publisher for any and all money expenditures which were determined necessary by the Publisher to defend itself from a lawsuit, demand, claim and/or public attack arising from publishing the contents of the advertising made the subject of this agreement. It is agreed that the Advertiser will hold harmless the Publisher, its officers, agents, representatives and employees, from any liability and/or damages arising from the publication of the contents of the subject advertisement. This includes but is not limited to, claims for libel, slander, plagiarism, violation of the right of privacy and/or copyright infringement.
Publisher shall not be liable for failure to print, publish and/or circulate any or all issues wherein a tendered advertisement is contained, if such failure is due to the following: acts of God, material shortages, floods, fires, labor disputes, public enemy, failures in printing, transportation, government orders, any other cause beyond the Publisher’s control. The Publisher’s sole obligation for failing to print, publish, circulate, and/or translation errors, at any and all issue(s) for an agreed upon advertisement; for reason(s) other than the ones stated above… shall be to credit and/or publish the advertisement in question during the next available issue. The Publisher maintains the option of issuing the Advertiser credit or publishing the ad in the next available issue.
Any copy or copy changes (including translations) requested by Advertiser must be submitted before the deadline for the issued requested; Publisher assumes no responsibility for copy material submitted after deadline date.
Accounts not paid by the due date will be forwarded to a third party collection agency or Attorney.
It is understood and agreed that upon default in payment under this Contract, Publisher may inform the local credit bureau and any other credit information service.

The Advertiser herby applies for open accounts credit from the Publisher The Advertiser understands and agrees that (1.) each invoice is due and payable according with all the terms and conditions of this Application for Credit, advertising agreement and such invoice (including, but not limited to payment terms contained herein), (2.) the Publisher is entitled to rely upon this Application for Credit and any financial statements or other financial information provided from time to time by or on behalf of the Advertiser, (3) the Publisher may at any time from time to time modify the limits of open account credit available to the Advertiser and the terms and conditions upon which open account credit accommodations will be extended to the Advertiser, (4.) in addition to any other remedy to which the Seller may be entitled, the Publisher shall be entitled to charge interest at the highest rate permitted by law on any invoice not paid in accordance with invoice terms, (5) the Advertiser shall be obligated to pay Publisher’s cost and expenses of legal councils, (6.) the Publisher is hereby authorized at any time and from time to time to generate or to obtain one or more credit or investigate reports from credit reporting agencies or other regarding the Advertiser, its principals and officers and any guarantor or the Advertiser’s obligation, (7.) the Alternative Dispute Resolution Provision at the conclusion of this Application for Credit are Incorporated in this Contract and specifically made a part of the Contract, (8.) all obligations incurred by the Advertiser to the Publisher are performable in Jefferson County, Alabama. The Advertiser hereby represents that all services purchase from The Publisher are for business or commercial purposes.

NAME OF OFFICER:
DATE:
OFFICER SIGNATURE:
TITLE:

GUARANTY: The undersigned may terminate its obligation with respect to future obligation of the Advertiser by written notice actually received at P.O. Box 660346, Vestavia, AL 35266--USA thirty days after receipt of said letter, or to any obligation incurred prior to when such thirty-day period concludes. In consideration of any services provided to the Advertiser on open accounts by the Publisher. The undersigned hereby guarantees the payment and performance of all obligations of the Advertiser to the Publisher… as if the undersigned were primary obligor. The undersigned acknowledges that this guaranty is an absolute, unconditional and continuing guaranty. The undersigned hereby agrees that the terms of payment of any obligation of the Advertiser to the Publisher may be extended, rearranged, modified or renewed without notice to, or consent by, the undersigned. The Alternative Dispute Resolution Provision at the conclusion of this Application for Credit is Incorporated herein and specifically made a part hereof.

NAME OF GUARANTOR:
DATE:
SIGNATURE:
SOCIAL SECURITY No.:
DRIVER’S LICENSE No.:
STATE:

ALTERNATIVE DISPUTE RESOLUTION PROVISIONS: At the option of the Publisher, any dispute, claim or controversy which arises out of the sale of services by the Publisher to the Advertiser, including any action against the guarantor identified above, or any issue regarding the validity of these provisions can be submitted by the Publisher, to binding arbitration in accordance with the Code of Procedures of the National Arbitration Forum or a similar entity. Judgment by any court of competent jurisdiction may be entered upon the arbitration award.



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