Terms and Conditions
These terms and conditions apply to all persons (whether individuals, corporations, partnerships or other entities) who book advertising for their products and services (collectively, “End Customers”) offered by Glacier FarmMedia Limited Partnership, Western Producer Publications Limited Partnership or any of its related companies, entities or publications (hereinafter referred to collectively as the “Publisher”). These terms and conditions also apply to any agent that books advertising with the Publisher on behalf of a Client (“Agents”, who are collectively referred to with End Customers as “Clients”). The Publisher does not agree to be bound by any conditions, printed or otherwise, appearing on contracts or copy instructions that may be provided by Clients.
Any booking of advertising with the Publisher by a Client constitutes such Client’s (including any End Customer and Agent(s)) agreement to and acceptance of these terms and conditions.
Rates & Payments
Clients are provided with proposal, including an outline of products and services, their schedule and applicable deadlines, and a quotation for prices. Once a Client authorizes a booking for products and services and such booking is approved by Publisher, ads are reserved, deadlines are established, ads are scheduled and will be billed and invoiced to Clients on a weekly or monthly basis.
Prices are effective when Publisher approves the booking, which means a Client can rely on the price quoted in approved bookings. Any price for a product or service that was quoted but not approved and booked may be subject to increases.
Deadlines
Clients are responsible to provide ad material or approvals to the Publisher before required deadlines. Deadlines cannot be extended. If ad material is not provided or approved before the deadline, the Publisher will replace the reserved advertising space with other material and the Client is still required to pay.
Cancellations
There are no refunds on any approved products or services except as explicitly contemplated in these terms and conditions. This means that once a Client approves a booking, any entity that approves products or services (either as a company representative or an agent thereof) is responsible for providing payment for products or services in the booking.
Ads may not be able to be stopped or amended by the Publisher if the ad material has already been programmed or produced. The Publisher may take steps, in its own discretion, to amend or remove advertising but this cannot be guaranteed.
Payment Terms
Clients must sign authorization to charge credit cards and credit applications are required for new accounts.
Payment must be made to the Publisher within 30 days of invoice date. The Publisher reserves the right to charge 1.5% interest per month (18% per year) on any account over 30 days overdue. Our Accounts Receivable team will proceed to Legal Collection steps for unpaid accounts after 90 days including claims for interest and costs.
Content
All advertising material for any products or services is subject to the unilateral discretion and approval of the Publisher, who reserves the right to reject, redact, discontinue, or omit any advertisement or cancel any advertising contract without penalty to either party. The Publisher reserves the right to place the word “Advertisement” adjacent to the ad, in order to identify same as a paid announcement.
Errors, Omissions and Limits on Liability
The Publisher will endeavour to publish the advertising material in a manner that accurately reflects the images, wording, proportions and colouring directed by Clients, but will not be responsible for unsatisfactory reproduction of colour advertisements or other printing defects which are outside of Publisher’s control.
If an error is made by the Publisher, the Publisher, at its sole discretion, may offer Clients opportunities for make-good insertions, but no refunds will be provided except as specifically contemplated herein. Make-good insertions will not be granted on minor errors which do not affect the value of the whole advertisement.
If Publisher fails to run an approved ad when scheduled, the Publisher will refund the purchase price for such ad but Publisher shall have no liability for non-insertion beyond the amount paid for such advertisement.
The Client assumes liability for all content (including text, representations, and illustrations in advertisements printed) and represents and warrants that it has ownership or lawful right to use any intellectual property included in the advertisements. The Client indemnifies the Publisher from and against any claims arising from the advertisements which are made against the Publisher by any person.
Agents
If an End Customer uses an Agent in connection with its Publisher advertising, then as used herein, the term “Client” shall be interpreted to mean the End Customer and/or the Agent, and all obligations of Client hereunder shall be joint and several obligations of the End Customer and the Agent. For greater certainty and without limitation to the foregoing, the Publisher reserves the right to hold both the End Customer and any of its Agent(s) jointly and severally liable for such monies as are due and payable to the Publisher.
Unless otherwise communicated by the End Customer, Publisher shall be entitled and authorized to act on the instructions of the Agent in connection with any potential or booked booking. Delivery of any material or notice to an Agent shall be deemed to constitute delivery to the End Customer. Agent is responsible to provide a copy of these terms and conditions and any other relevant materials to the End Customer.
General
These terms and conditions are subject to change without notice.
All issues relating to a Client’s advertising, these terms and conditions, and any other agreements between Client and Publisher are governed by the laws of the Province of Manitoba and Clients submit to the exclusive jurisdiction of the federal and provincial courts of Manitoba in connection with any dispute arising therefrom.