Advertising Terms

Advertising Contract and Terms & Conditions

1. This document represents the entire agreement between TheHomeMag, hereinafter referred to as THM and the named advertising company, hereinafter called Advertiser. This agreement may not be modified, expanded or contracted by any oral agreement or representation.

2. Acceptance of contract is at the sole discretion of THM management, and no other acceptance is implied.

3. THM will email a proof per ad each issue. All ad changes must be emailed before the ad changes deadline as stated on TheHomeMag Tampa Schedule and rate sheet.

4. If advertiser fails to reply to such proof by the ad approval date, it shall indicate Advertiser’s approval of the proof and Advertiser shall continue to be liable for all payments due under this agreement. Failure to acknowledge or return the ad proof will not alter contract payment terms or obligations.

5. Should advertiser reserve space and not supply materials by the published deadline, THM may at its discretion,either create an ad or use advertisers prior ad. Advertiser will be responsible for payment of such ad at the contracted rate.

6. Advertiser understands that the normal printing process and differences in the quality of paper may cause a variation in color, clarity and overall appearance between the proof and the printed magazine.

7. THM does not guarantee ad positioning, except with a signed contract calling for exact page positioning, which if available, will be sold at premium pricing.

8. THM reserves the right, at its sole discretion, to edit, rewrite or reject any copy or art submitted for publication, or refuse service to any company.

9. The sole liability of THM for failure to publish an ad shall be limited to the cost of the advertising space, which if prepaid, will be refunded.

10. THM assumes no responsibility for errors which do not affect the value of the advertisement. In no event will THM be liable for more than the price paid for the ad space. All claims must be made to THM not later than 10 days after the in-home date for the magazine.

11. All insertion orders, change orders or cancellation orders must be in writing to 21 days prior to the print deadline. No verbal orders will be accepted.

12. THM reserves the right to revise ad rates and/or advertising zones at any time. Current contract advertisers will be notified in writing 30 days prior to such adjustment. In the event of a rate increase, even if occurring as a result of a zone change, advertiser may cancel the contract within that 30 days period, at no penalty. If no notice is received, the first ad published by advertiser after the new rate becomes effective will denote acceptance of these new conditions.

13. Advertiser warrants and represents that any material submitted to THM is original art and does not violate any law, does not infringe on copyright, trademarks, trade names or patents of any type. Advertiser assumes all liability for copy submitted and agrees to indemnify and hold THM, it’s publisher, agents and employees harmless against any and all liability, loss and expenses, including, but not limited to attorney fees, THM may incur as a result of publication of any materials submitted by advertisers which are in breach of any warranty contained in this agreement.

14. The copy-write of all original materials created by THM is vested in and remains the property of THM and may not be reproduced in any manner, including but not limited to publication in other media, electronic transmission, or alternate use by advertiser, without the expressed written consent of THM.

15. Artwork supplied by advertiser becomes the property of The HomeMag, which has no responsibility to either return it to advertiser, or keep it beyond a reasonable period, defined as up to 6 months.

16. THM reserves the right to cancel an advertising agreement anytime the advertiser’s account is in default. Advertiser agrees to pay attorney, collection, legal or commission fees incurred by THM while in the process of obtaining monies due from advertiser to THM.

17. Payment for advertising placed in THM is due and payable prior to publication of the issue in which the advertising will appear. Any unpaid balance will result in a charge of 1.5% per month (18% annually).

18. This contract may not be canceled by Advertiser without prior written consent from THM. No contract can be canceled after the advertising space deadline for each issue.

19. Should advertiser not fulfill an advertising agreement, the contract advertising rate shall by adjusted to reflect the actual published rate for all space used during the applicable period, with any penalty becoming part of the unpaid balance due from advertiser