As used in this section entitled "GENERAL CONDITIONS" the term "publisher" shall refer to Heldref Publications and its Advertising Coordinator. All insertion orders are accepted subject to provisions of our current rate card. Rates are subject to change upon notice from the publisher. Conditions other than rates are subject to change by publisher without notice.

   1. Advertisements are accepted upon the representation that the advertiser or advertising agency has the right to publish the contents thereof. In consideration of such publication, the advertiser and the agency agree to indemnify and hold publisher harmless against any expense or loss by reason of any claims arising out of publication.

   2. All contents of advertisements are subject to publisher's approval. Publisher reserves the right to reject or cancel any advertisement, insertion order, space reservation, or position commitment at any time without cause. Publisher reserves the right to insert the word "advertisement" above or below any copy.

   3. Advertisements not received by the final closing date (column "B" on the rate card under issue closing dates) will incur a cancellation charge not to exceed 10% of the total cost, and publisher retains the right not to publish the ad.

   4. Positioning of advertisements are at the sole discretion of the publisher except where a written request for a specific position is indicated in the advertiser's contract and acknowledged by the publisher. Advertisers can request positioning of their ad, but an editor must approve it.

   5. Invoices are rendered on or about the on-sale date of the Publication. Payments are due within 30 days from the billing date. The advertiser and agency are jointly and severally liable for payment of all invoices for advertising published in the Publication.

   6. All advertising programs, specifically, internet directory; classifieds; graduate program page; and meteorological page, including all program sections created by publisher, must be pre-paid for the full amount prior to the first insertion date. Contract totaling $500 or more require a 50% deposit of the total contract price. Advertisers and agencies receive a 2% discount if payment is received in publisher's office within 10 days of the 30-days net due, as shown on the invoice. Computer generated company checks must be dated prior to the 10-day remittance date. Personal handwritten checks must be received in publisher's office prior to the 10-day remittance date. After the stipulated 10-day date, the advertiser must pay the full amount shown on the invoice.

   7. Advertising renewals must be acknowledged in writing by both the advertiser and Heldref sales representative at the rate established in the current rate card. All negotiated advertiser discounts are only applicable to and available during the period in which they are earned.

   8. After 45 days of non-payment, all agencies and advertiser's publisher discounts will be reversed, an interest rate not less than 10% of the balance due will be incurred, and the advertiser's account and advertisement will be placed on "hold." Full payment will be required to reinstate the advertiser's account and insertions. Additionally, future contracts and/or insertions relating to the advertiser must be pre-paid until the account is re-evaluated by publisher. All payment methods and conditions are subject to written approval by publisher.

   9. Advertisers may not cancel orders for, or make changes in; advertising after the publication is closing dates of the publication. If a change or cancellation occurs, a $75 fee will be assessed. This fee must be paid before the next ad runs.

  10. No conditions other than those set forth in this rate card shall be binding on the publisher unless specifically agreed to in writing by the publisher. Publisher will not be bound by conditions printed or appearing on order blanks or copy instructions that conflict with provisions of the rate card or the contract.
  11. Publisher is not liable for delays in delivery and/or non-delivery in the event of an Act of God, action by any governmental or quasi-governmental entity, fire, flood, insurrection, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work decrease, or any condition beyond the control of publisher affecting production or delivery in any manner.

  12. Publisher shall not be liable for any costs or damages, for any reason, beyond the cost of the space occupied by the error if it fails to publish an advertisement. Publisher shall assume no liability for errors in key numbers or the advertiser's index.

  13. Publisher has the right to insert the advertising anywhere in the publication at its discretion, and any condition on contracts, orders or copy instructions involving the placement of advertising within an issue of the publication (such as page location, competitive separation, or placement facing editorial copy) will be treated as a positioning request only and cannot be guaranteed.

  14. Announcement of any change in rates and/or circulation rate base will be made in advance of the publication's advertising sales close date of the first issue to which such rates and/or circulation rate base will be applicable.

  15. All advertisements are accepted and published in the publication upon the representation by the agency and advertiser that they are authorized to publish the entire contents and subject matter thereof and that such publication will not violate any law or infringe upon any right of any party. In consideration of the publication of advertisements, the advertiser and agency will, jointly and severally, indemnify, defend and hold the publisher harmless from and against any and all losses and expenses (including, without limitation, attorney's fees) arising out of the publication of such advertisements in the publication, including, without limitation, those arising from claims or suits for defamation, copyright or trademark infringement, misappropriation, violation of the Lanham Act or rights of privacy or publicity, or from any and all similar claims now known or hereafter devised or created.

  16. Agency commission 15% (where applicable to recognized agents) will be applied to that account with ad agencies.