Last Updated: December 26, 2021
Terms of sale of advertising space on LMBC News , Media Company headquartered in Washington, DC PO. Box 34392 Washington, DC 20043 USA website: www.lmbcnews.com
Any purchase of an advertising order constitutes acceptance of our terms of sale and payment. These terms and conditions supersede and replace those that have been previously reported.
“The Support” refers to either website www.lmbcnews.com, LMBC NEWS ( Print ). According to the formula chosen, advertising can be broadcast on these two supports or only on one of the two.
“The Advertiser” means any entity or person who is a buyer of one or more advertising space on the media.
“Agent” means any business providing a complete service including booking space, order, purchase, management and control of billings that acts on behalf of one or more advertisers to buy the advertising space in one or more media during the relevant period, under a written contract of mandate.
“Formula” means the type of space(s) ad(s) whose sale is subject to these terms and conditions, and duration of passage of advertising on such spaces.
“Advertising” means the visuals, text, images and hyperlinks provided by the Advertiser in order to be inserted in the advertising space purchased to LMBC News.
TERMS OF SALE
Any purchase of advertising space to LMBC News constitutes acceptance of these Terms of sale.
2. PROVISION OF TECHNICAL ELEMENTS
The components of Advertising (visual, text, images, hyperlinks) must be supplied by the Advertiser and match the technical characteristics of the chosen formula. LMBC News may, if the Advertiser wishes put him in relationships with professionals so that they entrusted the creation of the necessary elements for advertising. However, any order placed by the Advertiser with such professionals in these circumstances would constitute a separate contract between the Advertisers and such professionals and do not in any way engage the responsibility of LMBC News.
Ads are published under the sole responsibility of the Advertiser. LMBC News shall in no case be held responsible for non-compliance, the modification of all or part of the product or the event announced in an advertisement, or its cancellation, non-performance or non-delivery if appropriate.
4. RIGHT OF RESPONSIBILITY
LMBC News reserves the right to simply refuse any advertising, even running, especially when by its nature, text or presentation, the ad is contrary to the spirit of support or likely provokes protests from its visitors / readers / viewers or third parties. This assessment is left to the discretion of LMBC News. Advertiser expressly waives, by accepting these conditions of sale, any recourse in this regard.
5. ADVERTISING ON WWW.LMBCNEWS.COM
The posting of Advertising on the site www.lmbcnews.com occurs within 10 days after receipt of payment corresponding to the ads The Advertiser may, in exceptional cases, request LMBC News to put the ad online at a particular date, based on its commercial imperatives or for other reasons. LMBC News will try its best to meet this demand, without having binding to the publisher, which cannot be held responsible for any delay beyond the normal time of online publication contained herein the Terms and Conditions.
6. ADVERTISING IN LMBC NEWS MAGAZINE
The ads will be published on LMBC News on the day corresponding to the choice made by the Advertiser after the publisher receives the payment related to the ads. The Advertiser agrees to provide the technical elements of the Advertisement in the time prescribed by LMBC News. In the absence of regulations or deadlines, the Advertiser accepts that LMBC News uses advertising space reserved for other purposes, regulations outstanding. The frequency of publication or distribution of LMBC News can be changed at any time by the publisher for any reason whatsoever. In that case the Advertiser will be credited with an additional publication in the edition of recovery of the frequency of publication.
7. ADVERTISER’S OBLIGATIONS
All advertising material shall be furnished by the advertiser or his/her agent. All expenses connected with the delivery of advertising material to LMBC News shall be paid by the advertiser or his/her agent. The Advertiser is fully responsible for the commercials – and content – which it requests inclusion in advertising purchased from LMBC News, either these messages are institutional, mercantile, informative or some other kind. In this regard, Advertiser warrants and holds harmless LMBC News against any claims by third parties, including any public or administrative authority, based on the insertion of an advertisement that would violate the laws in force or which infringes the third law, public order or to any principles of public health. The Advertiser or his/her Agent undertakes to develop the advertising messages that meet the technical requirements defined and communicated by LMBC News or on its website or on any disclosure document. LMBC News has no obligation to advertisements not complying with such technical requirements. The Advertiser or his/her Agent shall supply LMBC News all technical information for the insertion of advertisements in a timely manner specified in the Advertising Order or otherwise communicated by LMBC News. If those deadlines are not respected by the Advertiser, LMBC News shall not be liable.
8. ADVERTISING INSERTION ORDER
Advertising Insertion orders are sent either via online form or in writing by fax, mail or email by the Advertiser or his/her Agent on pre-printing advertising rates. Advertising Insertion Orders may, if necessary, be passed by email. Any Advertising Insertion Order, in accordance with the rates of LMBC News, addressed by the Advertiser or her/his Agent irrevocably commits them to respect the terms of the advertising agreement with LMBC News. Even after being sent an Advertising Insertion Order by the Advertiser or her/his Agent, including when it receives the details of an advertisement, LMBC News is always entitled to refuse, without incurring liability with Advertiser or her/his Agent, any advertisement it deems contrary to its editorial guidelines, the regulations in place, the rights of others or public order or which fails to meet the technical requirements provided, however, that unlike its acceptance does not affect the obligations of the Advertiser as defined in Article 7 above and it does not get her/his acceptance of responsibility for the content of advertisements.
9. THE FORMULAS
The characteristics of the different formulas are available on the website www.lmbcnews.com or upon request to LMBC News. The Advertisers hereby declare having read, and have obtained from LMBC News all necessary clarifications related to formulas. The characteristics of the formulas can be modified at any time by LMBC News for any reason whatsoever. In this case, LMBC News will notify the Advertiser of any change on the Forms by the normal means of communication used by them (email, phone, mail, fax or other). At the date of receipt of notification of change in the characteristics of advertising formulas, Advertiser may, within eight days, ask LMBC News to suspend her/his campaign(s) if the new formulas do not suit her/him. In this case, it will be credited with time and advertising space either on the website or print, corresponding to time and space remaining after the suspension of the campaign(s) or ad(s). This advertising space must be used by the Advertiser within six (6) months from the date of the suspension of the campaign, subject to availability of that space. After this period, if the Advertiser does not use the space available to it, it will be refunded in proportion to the time or the number of editions left to run on the date of suspension of her/his campaign. In the absence of opposition from the Advertiser on time and under the conditions detailed above, its agreement or acceptance to the changing characteristics of the formulas will be deemed granted.
10. PLACEMENT AVAILABILITY
Requested placement or positioning of an advertisement in the print magazine or on the Website cannot be guaranteed without payment of a position charge. The formulas proposed by LMBC News are always subject to availability during the period and depending on the format requested (online or print ). Also LMBC News does not guarantee any given level of circulation or readership for an advertisement and will not be responsible for errors appearing in advertisements which are placed on the website.
The Advertiser is responsible for payment of advertisements under conditions agreed with LMBC News, for the period specified on the invoice. All invoices are payable either by check, bank transfer or PayPal transfer to the account corresponding to the email address provided by LMBC News and all expenses incurred during the payments remaining payable by the Advertiser. The Advertiser may, however, subject to the prior approval of LMBC News, settle their bill in several steps. These settlement terms are shown on each invoice issued in respect of the advertising sale. The Advertiser wishing for the first time to buy advertising space from LMBC News must submit all information required for this matter, in particular for its accounting department. Any delay in payment will automatically conduct to :
– The suspension of the contract,
– The immediate payment of all sums due,
– A billing default interest at the rate equal to one and half times the rate of legal interest.
– The requirement to pay a compensation of 15% of the sums due under a penalty clause, plus the charges of any legal actions.
Anything that could cause a risk of non-payment of bills, such as changing the legal status of the advertiser, the non-return of bills within the time specified, an incident or a late payment, justifies that LMBC News at least temporarily alter the payment terms of the advertiser. In this case LMBC News may seek assurances, suspend, or cancel existing orders or demand payment before publication. Additionally, the advertiser is solely responsible for payment of invoices issued by LMBC News. Any payment made by the advertiser directly in the hands of an agent is effective only if LMBC News is credited of the amounts due. On the other hand, for any order emanating from an agent LMBC News reserves the right to require a commitment of direct payment from the advertiser, where the agent would not present sufficient financial guarantees. The default to pay all bills issued on time will bring LMBC News to request the payment of those not yet due and the amounts due under executive orders during the billing, and orders being inserted. The execution of current orders may be suspended. Similarly, any default payment on time will result in forfeiture of the term for payment periods that LMBC News could have granted. All invoices are payable to LMBC News in Washington, DC, in case of dispute the Courts of Washington, DC are competent.
LMBC News reserves the right to change its advertising rates at the end of each billing period (weekly, monthly, quarterly, semiannually or annually). The loyalty discounts for purchases of advertising are applicable only under conditions set by the advertiser when the choice of the Formula was made. Rates are reflected in published rate cards according to ad specifications ordered.
13. AMENDMENT AND CANCELLATION
Changes or cancellations of Advertisements can only be filed within a period exceeding 30 days before the date of the publication of the ad on the site www.lmbcnews.com, or 90 days before the date of publication for the print edition. With the exception of a specific clause of withdrawal signed and agreed between the parties, the execution of a current contract cannot be canceled by the Advertiser. If the advertiser decides to stop an advertising campaign, he will not receive a refund. If a contracted advertisement is cancelled less than 14 days before the scheduled publication or insertion date, a 50% cancellation fee will apply; LMBC News may, however, in individual cases and former clients explore the possibility of reprogramming the ads canceled on a date fixed by agreement.
Any claim on the technical aspects of the advertising space must be under penalty of inadmissibility, sent by registered letter with acknowledgment of receipt from LMBC News and indicate the specific complaints. This request must be made within 8 days after the first publication of the advertisement, otherwise it will not be considered. Any complaint about the quality of technical elements cannot be admissible if they were sent directly by the advertiser to the printer. All other claims, including the impact on trade, environment, editorial or advertising insertion, may in no circumstances be taken into account.
15 COMPUTER SECURITY
It’s the responsibility of the Advertiser to ensure its own security. LMBC News cannot be held responsible for any accidental damage or deliberate injury to the Advertiser by others or by their connection to the Internet. It’s also the responsibility of the Advertiser to check the compatibility of its computer system or that of others with applications developed and distributed by LMBC News.
16. FORCE MAJEURE / FAILURE TO PUBLISH
In case of force majeure rendering impossible the publication of the support, LMBC News cannot be held liable for any injury suffered by the Advertiser. Include incorporation of force majeure events as war, protest, an act of God, terrorism, an act of God, government regulation, disaster, strike, fire, explosion, flood, hurricane, earthquake, loss or disappearance of images, files or material containing advertising, sabotage, computer virus, failure of computer system, mechanical or electronic breakdowns, printing delay for technical reasons, or any other event beyond the control of LMBC News and that may compromise the performance of its services. In the event of any error or omission by LMBC News in the performance of its obligations under this Agreement, including without limitation LMBC News’ failure to publish an Advertiser’s advertisement, LMBC News’ sole and exclusive obligation shall be to give the Advertiser credit for as much of the space occupied by the advertisement as is materially affected by the error or omission; and LMBC News’ obligation to give such credit shall not apply to more than one incorrect insertion under any contract or order unless LMBC News is notified, in writing, of the error or omission prior to the deadline for repetition of the insertion.
17 APPLICABLE LAW – JURISDICTION
These Terms are governed by the laws of Washington, DC .For any dispute concerning the interpretation, execution, termination or cancellation of an Advertising Insertion Order, the Parties shall endeavor to reach a friendly agreement. Failing agreement, within thirty days, the dispute falls within the exclusive jurisdiction of the laws of Washington, D.C. All notices relating to this Agreement must be in writing and sent via U.S. certified mail, return receipt requested, or by nationally recognized overnight courier, to the other party’s current address when available, and notice will be effective upon receipt. If any term or provision of this Agreement shall, to any extent, be held to be invalid or unenforceable, the remaining terms and provisions of thisAgreement shall not be affected thereby and each term and provision thereof shall be valid and enforced to the fullest extent permitted by law. This Agreement shall be construed without regard to any presumption or other rule requiring construction against the party causing such documents to be drafted.
18. AMENDMENT OF TERMS
These terms and conditions can be changed at any time by LMBC News without prior written notification. These changes are binding on the Advertiser at their posting. It is therefore recommended that any Advertiser or Agent wishing to advertise in our news site or magazine, regularly consult the terms and conditions to keep aware of changes and hence the new terms and conditions applied by LMBC News.