KMI PUBLISHING AND EVENTS TERMS AND CONDITIONSThe applicable insertion order (to the extent it does not conflict with theterm hereof), the then current rate card of the publication(s) to which theinsertion order relates (“Publication”) and Publication’s then currentadvertising specifications are incorporated by reference into these termsand conditions and are collectively referred to as the “Agreement”. Theperson(s), firm or corporation contracting with KMI Publishing and Events(“Publisher”) for the insertion of advertising in Publication, whether asprincipal (“Advertiser”) or as agent (“Agency”), shall be deemed authorizedfor all purposes relating to the Agreement.Rates and Commissions(a) Publisher reserves the right to change its advertising rates at any time.Rate changes shall be made at least 30 days in advance of the closingdate of the first issue to which such rates apply. If a rate change is notacceptable to Advertiser or Agency, it may, within 15 days of notification ofsuch rate change, cancel the Agreement without incurring short ratecharges (excluding multi-year discounts).(b) Advertising rates are subject to the addition of applicable taxes,including Goods and Services Tax (GST), Harmonized Sales Tax (HST)and a Quebec Sales Tax (QST) where applicable.(c) Any negotiated discounts are only applicable to and available duringthe period in which they are earned. Rebates resulting from any and allearned advertiser discount adjustments must be used within 6 months afterthe end of the period in which they are earned, and will expire if unusedduring such period.Billing and Payments(a) Advertiser and Agency shall be jointly and severally liable for paymentof all invoices for advertising published in Publication.(b) Amounts invoiced are payable upon receipt of invoice. Interest shall becharged at a rate of 1% per month (18% per annum) on amountsoutstanding for more than 30 days from the date of invoice.(c) Invoiced amounts are payable at Publication’s office in Canadian funds,or equivalent funds at the rate of exchange prevailing at the time ofpayment.(d) Publisher reserves the right to change the payment terms to cash withinsertion order at any time.Cancellation(a) Cancellation of the Agreement by Advertiser or Agency is subject toPublisher’s approval, in its sole discretion. Agreements for covers, specialpositions and inserts may not be cancelled by Advertiser or Agency. Nocancellations shall be accepted by Publisher after the closing date foradvertising space. Short rate charges shall apply to all cancellations byAdvertiser or Agency.(b) Publisher may, at its option terminate this Agreement for the breach ofany term hereof. Upon termination for breach, all charges incurred,together with short rate charges, shall be immediately due and payable.Advertising Materials(a) All advertising copy is subject to Publisher’s approval and Publishermay without notice and without liability reject, discontinue or omit anyadvertising for any reason at any time.(b) The word “Advertisement” shall be placed above copy which Publisherdetermines resembles Publication’s editorial material or that is notimmediately identifiable as an advertisement.(c) Publisher shall not be responsible for colour or colour trapping oradvertising copy that does not conform to digital Magazines AdvertisingCanadian Specifications (“dMACS”). Advertising material must beaccompanied by a dMACS standard proof. For further informationregarding magazine industry standards, please refer to Magazines Canadawww.magazinescanada.ca or dMACShttp://www.magazinescanada.ca/advertising/production/dmacs_specifications(d) Publisher may insert the advertising anywhere in Publication in itsdiscretion, and any condition on orders or copy instructions involving theplacement of advertising shall be treated as a positioning request only andcannot be guaranteed. Publisher’s inability or failure to comply with anysuch positioning request shall not relieve Advertiser or Agency of theobligation to pay for the advertising.(e) Publisher shall not be obligated to return any advertising material.(f) Any advertising published in Publication may, in Publisher’s discretion,be published and archived by Publisher or any anyone authorized byPublisher, as many times as Publisher and those authorized by Publisherwish, in and on any product, media and archive (including anything in print,electronic or other form).Warranties, Indemnities, Limitations(a) Advertiser and Agency shall be jointly and severally liable for all content(including text, representation and illustrations) of any advertising printed.Advertiser and Agency shall jointly and severally indemnify Publisher, itsaffiliates and their respective officers, directors, employees, contractors andagents against any and all liability and costs including any legal fees arisingfrom a breach of this Agreement and/or resulting from the publication of theadvertising materials, including without limitation, defamation, illegalcompetition or trade practice, infringement of trademark, trade name, orcopyrights, and violation of rights of privacy, property or contract.(b) Publisher shall not be responsible for errors or omissions in anyadvertising materials provided by Advertiser or Agency (including errors inkey numbers) or for changes made to such advertising after the applicableclosing date.(c) Advertiser and Agency agree that Publication shall be under no liabilityfor the failure, for any reason, to publish any advertising or circulate anyissue of Publication.General(a) If Agency has entered this Agreement on behalf of Advertiser, Agencyconfirms that Advertiser has been provided with a copy of the terms hereof.(b) This Agreement constitutes the entire agreement between the partieswith respect to its subject matter and supersedes all prior agreements andunderstandings relating to the subject matter. No changes to thisAgreement shall be effective unless made in writing and signed by theparty sought to be bound.(c) For clarity, Publisher shall not be bound by any conditions, printed orotherwise, appearing on Advertiser or Agency contracts, orders orinstructions which conflict with, vary or add to these terms and conditions.(d) Neither Advertiser nor Agency may assign any rights or obligationsunder this Agreement.(e) Advertiser and Agency agree not to make promotional or merchandisingreference to Publication in any way without the prior written permission ofPublisher in each instance.(f) No provision of this Agreement shall be deemed waived by a course ofconduct unless such waiver is in writing signed by all parties and statingspecifically that it is intended to modify this Agreement.(g) This Agreement is governed by and construed in accordance with thelaws of the Province of Ontario and the federal laws of Canada applicabletherein. Any proceeding relating to the subject matter of this Agreementshall be within the exclusive jurisdiction of the courts of the Province ofOntario.
CONNECT Asset Management helps buyers secure pre-construction investments in the GTA and can help navigate you through how condo closing fees work.
Perkins Coie is pleased to announce that Devin P. McComb has joined the firm’s Seattle office as a partner in the Real Estate & Land Use practice
Grimsby skyline to be reshaped by tallest buildings in city: two-tower residential complex
“Sign up for our daily newsletter to get the latest news, updates and offers delivered directly to your inbox.”
Designed to offer readers accurate, cutting-edge information to guide their investment decisions, each issue of Canadian Real Estate is filled with informative articles on a broad range of topics.
© 2021 Canadian Estate Wealth. All Rights Reserved by Merged Media