TERMS AND CONDITIONS OF ACCEPTANCE OF ADVERTISEMENTS
1. These conditions shall apply to all advertisements, insets, inserts, social media posts, event sponsorships, giveaways, sponsored articles or features (‘Advertisements’) accepted for inclusion in hard copy editions and digital publications published by Bossladies, LLC (‘Bossladies’) under license from its licensors. Any other proposed condition shall be void unless incorporated clearly in written instructions and specifically accepted by Bossladies.
2. All advertisements are accepted subject to Bossladies’ approval of the copy and to the placement, sponsorship, or feature being available.
3. If it is intended to include in an advertisement, a competition or giveaway, a product placement, or merchandise, other than that normally associated with the advertised product, full details must be submitted at the time of booking.
4. Bossladies reserves the right to omit or suspend an advertisement at any time for good reason, in which case no claim on the part of any Advertiser for damage or breach of contract shall arise. Should such omission or suspension be due to the act or default of the Advertiser or his servants or agents then the placement or feature reserved for the advertisement shall be paid in full notwithstanding that the advertisement has not appeared. Such omission or suspension shall be notified to the Advertiser as soon as possible.
5. If Bossladies considers it necessary to modify the space or alter the date of position of insertion or make any other alteration, the Advertiser will have the right to cancel if the alterations requested are unacceptable, unless such changes are due to an emergency or circumstances beyond Bossladies’ control. Every care is taken to avoid mistakes but Bossladies cannot accept liability from any loss arising from the late appearance or non publication of any advertisement.
6. The Advertiser warrants that the advertisement is not illegal, defamatory, an infringement of any other party’s rights . Country of origin (other than the United States) of goods advertised must be shown in advertisements to the extent necessary to comply with applicable legal and/or regulatory requirements.
7. The Advertiser will indemnify Bossladies fully in respect of any claim made against Bossladies or its licensors arising from the advertisement. Bossladies will consult the Advertiser as to the way in which such claims are to be handled.
8. Advertisement rates are subject to revision at any time and orders are accepted on condition that the price binds Bossladies only in respect of the next issue to go to press. In the event of a rate increase, the Advertiser will have the option to cancel the order without surcharge or continue the order at the revised advertisement rates.
9. If the Advertiser cancels the balance of an agreed program of advertisements, except in the circumstances set out in clauses 5 or 8 above, it relinquishes any right to a pre-agreed series discount to which it was previously entitled and advertisements forming part of such program (both those published and those not yet published) will be paid for at the appropriate rate set out in the rate card from time to time.
10. Discounted rates negotiated in respect of a series of advertisements apply only if the order is completed within 12 months of the date of the first insertion. Failure to comply will require all advertisements forming part of the series to be charged at the appropriate rates set out in the rate card from time to time.
11. Accounts are due for settlement within 30 days of the due date of invoice. In the event of any account becoming overdue, Bossladies reserves the right both to suspend insertions due under order or until such time as the sum owing is paid and to reduce any commission otherwise allowed to advertising agencies. Interest is chargeable on overdue accounts at the maximum rate permitted by applicable law.
12. Bossladies reserves the right to recover all additional costs incurred that arise as a result of the acts or defaults of the Advertiser or its Agent. Complaints regarding publication of advertisements must be received by Bossladies in writing within one calendar month of the cover date.
13. At least 8 weeks’ notice written prior to copy date is required to stop, cancel or suspend an Advertisement. After this date the Advertiser will be liable to pay the full rate.
14. If copy instructions are not received by agreed copy date no guarantee can be given that proofs will be supplied nor corrections made and Bossladies reserves the right to repeat or create the most appropriate copy.
15. Advertiser’s property, artwork, etc are held at the Advertiser’s risk. Advertiser’s artwork, film positives and/or negatives, photographs and transparencies will be returned on request by Bossladies via USPS and at the risk of the relevant owner and should be insured against loss or damage from whatever cause. Bossladies reserves the right to destroy all artwork which has been in his custody for twelve months from the date of its last appearance.
16. For the purpose of these conditions, Advertiser shall refer to the Advertiser or its Agent whichever is the principal. ‘Advertisement’ includes loose or other inset where appropriate.
17. These Conditions shall be governed and construed in accordance with the laws of California. Any dispute concerning these Conditions (including non-contractual disputes) shall be subject to the exclusive jurisdiction of California courts. Any agreement subject to these Conditions (‘Agreement’) may be executed by electronic signature. Each of the parties waives any and all rights to dispute the validity, legality or enforceability of such method of execution as evidence of the existence of legal relations pursuant to the Agreement for the purposes of proceedings issued in respect of any of its terms.