Terms of Contract
PAYMENT
INVOICES ARE PROCESSED MONTHLY and sent to a preferred billing email. We accept all major credit cards and ACH bank processing. Payments can submitted by check and mailed to P. O. Box 81366, Austin, Texas 78708-1366.
PRINT MATERIAL DEADLINES
Issue dates and deadlines can be found at realtyline.us
FREQUENCY
Published monthly. Advertising closing is stated deadlines of the month preceding date of issue. The publication is direct-mailed to subscribers and arrives about the third week of the month for the same issue month.
CANCELLATIONS
Neither advertiser, advertising agency, nor their agents may cancel after the stated issue deadline. Orders for inserts may not be canceled less than 30 days preceding the stated issue deadline.
If by materials date the Publisher has not received advertising material that it, in its sole discretion, deems acceptable for publication it may either repeat the advertiser’s most recent advertisement that it has published or publish nothing, charging the advertiser and/or advertising agency for any space reserved for them.
SUPPLEMENTAL INFORMATION
PREMIUM POSITIONS
A 20% fee will be added to the following premium positions: inside front cover, page 3, inside back cover, center-spread and back page.
INSERTS
Pricing and availability on request.
CONTRACT REGULATIONS
FREQUENCY DISCOUNT
An advertiser who does not complete a committed consecutive-month insertion schedule will be subject to the one-time insertion rate.
AGENCY
All advertisements are published for the benefit of advertiser and advertising agency, and each of them is jointly and severally liable for all charges.
BILLING
Payment in U.S. dollars, including any applicable tax, due at Publisher’s Postal Box in Austin, Texas, within 20 days of the date of invoice. Any error in billing is binding upon advertiser and/or advertising agency unless Publisher receives written notice of the error within such 20-day period.
PAST DUE
All accounts not paid in full within 20 days of the date of the invoice shall incur a late charge of 1.5% per month from the due date until paid in full.
COLLECTION
In the event advertiser and/or advertising agency defaults in payment of invoices, such invoices are turned over for collection. In this event, the advertiser and/or advertising agency shall be totally liable for all fees and sums charged by the collection agency or attorney. If any suit or other judicial proceeding is instituted or had thereon or if such fees and sums are collected through probate or bankruptcy proceeding, advertiser and/or advertising agency shall be totally liable for all attorneys’ fees and court costs incurred by Publisher in the collection of said invoices.
LIMITS OF LIABILITY
Publisher’s liability for failure to publish the advertisement or any error in the advertisement shall be limited to a “make good” in the next available issue.
1. The Publisher or President will accept requests to make changes at its discretion but is not responsible for any errors in any revisions made by the Publisher, nor is the Publisher responsible for errors in advertising materials supplied by the advertiser or its agent. The Publisher reserves the right to make such modifications to the advertiser’s submitted files as are necessary to bring them into compliance with the publication’s current specifications and is not responsible for any errors resulting from this modification.
2. All advertisements are accepted and published by the Publisher upon the representation that advertiser and/or advertising agency are authorized to publish the entire contents and subject matter thereof. This includes but is not limited to the rights to (a) convert advertisements between digital formats and incorporate the advertisements into Publisher’s digital products, which may be published on an online network and in so doing, to modify, alter, and edit the advertisements as Publisher deems appropriate; (b) reproduce the advertisements for publication and distribution in the forms, manners, and media listed in subparagraph (a) above; and (c) display publicly and distribute the advertisements as incorporated into the media listed in subparagraph (a). Advertiser and/or advertising agency warrant that advertiser owns all rights in and to the advertisements submitted for publication, including copyrights and the advertisements do not violate any applicable state or federal trade regulation and do not invade the privacy rights of any person or libel any person. When advertisements containing the names, pictures, and/or testimonials of persons are submitted for publication, the order or request for the publication thereof shall be deemed a representation by the advertiser and/ or advertising agency that they have obtained the written consent for the use in the advertisement of the name, picture, and/or testimonial of any such person or the consent of his administrator, executor, heirs, or assigns. In consideration of the Publisher’s acceptance of any advertisements for publication, advertiser and advertising agency shall, jointly and severally, indemnify and hold the Publisher or President harmless from and against any loss or expense including without limitation reasonable attorneys’ fees, resulting from claims or suits based upon the contents or subject matter of such advertisements, including without limitation claims or suits alleging negligence, gross negligence, deceptive trade practices, libel, violation of right of privacy, plagiarism, and copyright infringement.
3. The term “advertising agency” as used in this contract refers to a recognized individual or group of individuals who make the media selection, handle the order, coordinate and process the space placed with the Publisher under the terms of this contract.
4. The Publisher shall not be liable for failure to publish or distribute all or any part of any issue because of labor disputes, accidents, fires, acts of God, or any other circumstances beyond the Publisher’s control.
5. All orders are subject to Publisher’s acceptance. Publisher reserves the right to reject or cancel any advertising for any reason at any time, including, but not limited to, any advertisement that in the opinion of the Publisher does not conform to the editorial or graphic standards of the publication.
6. The advertising agency and the advertiser assume and agree to pay the charges, including any applicable tax, for advertising published at their direction. Invoices shall be sent, at Publisher’s option, to the agency or the advertiser, unless other arrangements have been made at execution of the contract.
7. Publisher reserves the right to cancel the contract at any time upon default by agency or advertiser in the payment of invoices. In the event of such cancellation, charges for all advertising shall become immediately due and payable by the agency. Furthermore, if there has been any default in the payment of a prior invoice or if, in the sole judgment of Publisher, the agency’s credit becomes impaired, Publisher shall have the right to require payment for further advertising under this contract upon such terms as it may see fit.
8. No waiver or modification of any of the terms set forth in this contract shall be binding on the Publisher unless in writing signed by an officer of the publication.
