Advertising Terms & Conditions

  1. The Publisher may revise its advertising rate schedule at any time upon thirty (30) days written notice to the Advertiser, and the Advertiser may, without penalty, cancel this agreement at any time new rates are made effective by giving thirty (30) days prior notice to the Publisher.
  2. The Publisher may, in its sole discretion, edit, classify, or reject any advertising copy submitted by Advertiser.
  3. The Advertiser shall make payment by the last day of the month indicated on the Publisher’s statement and in the event that it fails to make payment within such time, the Publisher will assess a 1.5% late charge (18% per annum) for each subsequent month or part thereof on all accounts not paid as required above.
  4. Advertisements will not be accepted from any Advertiser whose account is sixty (60) or more days past due and the account will be referred for legal action. The Publisher may cancel this contract and the Advertiser agrees to indemnify the Publisher for all expenses incurred in connection with the collection of all amounts payable under this contract, including court costs and attorney fees. If this agreement is cancelled due to the Advertiser’s failure to make timely payments, the Publisher may re-bill the Advertiser for the outstanding balance due at the earned contract rate plus all late charges and expenses of collection.  The Advertiser understands that future advertising with the Publisher will be discontinued, pending a full review of the account.
  5. Advertisers shall pay by debit or bank card via bill.com and can pay by credit card utilizing Vantage Merchant Services within bill.com.  Qualifying Advertisers may pay by ACH (Automatic Clearing House) upon approval by Publisher.  
  6. All payments on all accounts shall be first applied to the oldest outstanding invoice.
  7. Publisher shall not be responsible for any errors in camera-ready art provided by Advertiser. In the event of typographical errors, incorrect insertions, or omissions on the part of Publisher, Publisher shall run a corrective/corrected advertisement in the following month’s publication, at no additional charge, for that portion of the first insertion which contained any such typographical error, incorrect insertion, or omission. Advertiser shall notify Publisher of such errors in time for correction before the second insertion. The corrective/corrected insertion shall be Advertiser’s sole remedy and Advertiser shall remain liable for the contracted-for advertising cost. Publisher assumes no responsibility for any copyright infringement, errors or omissions in advertising materials submitted and expressly disclaims any representations or warranties, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, and, except for running the corrective/corrected ad as specifically set forth above, shall not be liable to the Advertiser for any loss or other damages, direct, consequential or otherwise, that results from an incorrect insertion or publication of its advertisements.
  8. Publisher does not assume any obligation to perform legal review of Advertiser’s content.
  9. Advertiser agrees that Publisher shall not be liable or otherwise responsible for the quality of advertising images made or reproduced from camera-ready art or other graphics or images provided to Publisher by Advertiser, and payment of all fees due shall not be contingent upon the quality or appearance of any such reproduced images.
  10. The Publisher will not be liable for corrections after publication and prior to subsequent publication or first publication, unless the Advertiser requests a proof sheet. Proofs are furnished upon request.
  11. The Advertiser agrees to hold harmless and indemnify the Publisher from all damages, costs, and expenses, of any nature whatsoever, including attorneys’ fees for which the Publisher may be asserted to be or become liable for by reason of its publication of Advertiser’s advertising.
  12. In the event that any federal, state or local taxes are imposed on printing of advertising material or on the sale of advertising space, such taxes shall be assumed and paid by the Advertiser.
  13. This Agreement may not be assigned or transferred by the Advertiser.
  14. All political Advertisers must identify the sponsor or sponsoring organization, must be prepaid, and must bear the words, “Paid Political Advertisement.
  15. Advertisements must be received by the third Friday of the month prior to insertion. If not timely received, Advertiser shall remain liable for the full contracted-for advertising cost. A previous published ad, if available, may be used at the sole discretion of the Publisher.
  16. Composition produced by the Publisher shall be its property and shall not be reproduced photographically and/or used by another publication without the Publisher’s consent.
  17. If any provision hereof is held invalid or unenforceable, such invalidity shall not affect the validity or operation of any other provision.
  18. Nothing in this Agreement creates any agency, joint venture, partnership or other form of joint enterprise, employment or fiduciary relationship between the Parties. Publisher is an independent contractor pursuant to this Agreement. Neither Party has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other Party or to bind the other Party to any contract, agreement or undertaking with any third party.
  19. This Agreement, and all matters arising out of or relating to this Agreement, is governed by, and construed in accordance with the substantive law of Pennsylvania.  Both parties hereby consent to exclusive jurisdiction and venue of Pennsylvania and federal courts in the Western District of Pennsylvania.
  20. This Agreement constitutes the final, complete, and exclusive statement of the terms of the Agreement between the parties with respect to all advertising and supersedes all prior and contemporaneous understandings or agreements of the parties, unless otherwise noted in this Agreement. This Agreement may be modified only by a written document signed by an authorized representative of both parties. Waiver of any of the terms of this Agreement by Publisher in any instance shall not prevent Publisher from subsequently enforcing any provision of this Agreement in accordance with its terms.

CONFESSION OF JUDGEMENT.  ADVERTISER AND ANY BELOW-NAMED GUARANTORS HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD, AT ANY TIME AFTER THE OCCURRENCE OF ANY EVENT OF DEFAULT UNDER THIS ADVERTISING CONTRACT, WITHOUT FURTHER NOTICE, TO APPEAR FOR AND CONFESS JUDGMENT THEREIN AGAINST THE ADVERTISER, OR ANY GUARANTORS, SUCCESSORS OR ASSIGNS, FOR THE AMOUNT FOR WHICH THE ADVERTISER IS LIABLE TO NORTHSIDE CHRONICLE UNDER THIS AGREEMENT AS EVIDENCED BY AN AFFIDAVIT SIGNED BY AN OFFICER OF THE NORTHSIDE CHRONICLE SETTING FORTH THE AMOUNT THEN DUE, PLUS 18% THEREOF, BUT NO LESS THAN $500, AS AN ATTORNEY’S COMMISSION, WITH COSTS OF SUIT, RELEASE OF ERRORS, AND WITHOUT RIGHT OF APPEAL.   IF A COPY HEREOF, VERIFIED BY AN AFFIDAVIT, SHALL HAVE BEEN FILED IN SAID PROCEEDING, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL AS A WARRANT OF ATTORNEY.  THE UNDERSIGNED WAIVES THE RIGHT TO ANY ADVANCE NOTICE OF EXECUTION, THE RIGHT TO ANY HEARING PRIOR TO EXECUTION AS WELL AS ANY STAY OF EXECUTION AND WAIVERS THE BENEFIT OF ALL EXEMPTION LAWS NOW OR HEREAFTER IN EFFECT.  NO SINGLE EXERCISE OF THE FOREGOING WARRANT AND POWER TO CONFESS JUDGMENT SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE INVALID, VOIDABLE, OR VOID, BUT THE POWER SHALL CONTINUE UNDIMINISHED AND MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE NORTHSIDE CHRONICLE SHALL ELECT, UNTIL ALL SUMS PAYABLE OR THAT MAY BECOME PAYABLE BY THE UNDERSIGNED HAVE BEEN PAID IN FULL.  ADVERTISER AND ANY BELOW-NAMED GUARANTORS ACKNOWLEDGE AND REPRESENT THAT ALL FEES DUE UNDER THIS ADVERTISING CONTRACT CONSTITUTE BUSINESS EXPENSES OR THAT ADVERTISER AND GUARANTORS EACH HAVE AN ANNUAL GROSS INCOME IN EXCESS OF $10,000.00.