Terms & Conditions

December 1, 2009

  1. This application will become a contract when signed by the Advertiser and accepted by the Publisher. This Contract contains the entire agreement between the parties hereto for the forthcoming issue and cannot be changed, altered or cancelled except by written agreement signed by all parties hereto. Neither party shall be bound by any oral agreements or special arrangements contrary to or in addition to the terms and conditions as stated herein, and no agent or employee has the authority to vary any terms of this application.
  2. For the purpose of these conditions “Closing Date” means the date specified by the Publisher as the deadline for receiving insertions, changes or corrections prior to the issue of a directory.
  3. The directory advertising specified on the face of this contract is for the insertion in the directory issue as indicated and the Advertiser agrees to pay the charges as indicated on the face of this contract. Advertiser also agrees to reimburse Publisher for any expenses incurred during the interim in the event of a cancellation. This agreement cannot be cancelled by the Advertiser.
  4. Deposits made in accordance with this contract are refundable only at the discretion of the Publisher. In the event the Publisher cancels this contract, any payments or deposits made by the Advertiser may, at the discretion of Publisher, be applied to commissions, directory production and bookkeeping charges. No refunds will, however, be made unless and until all charges for commissions, directory production, bookkeeping and any other charges incurred have been paid in full by the Advertiser. The Publisher has the right not to publish the advertising in the event that the Advertiser has not fulfilled the payment schedule on the face of this contract prior to printing this issue.
  5. Display Advertising Proof – A proof of the requested display advertisement will be provided to the Advertiser only when the Advertiser specifically requests a proof. When a proof is sent to the Advertiser and is not returned to the Publisher within the time set forth on such proof, the Advertiser agrees that such proof may be treated by the Publisher as accurate and the Publisher may publish the display advertisement as set out in said proof. The Advertiser acknowledges that the Publisher will not supply a proof of the display advertisement unless the request from the Advertiser for such proof is received by the Publisher two weeks prior to the Closing Date for the directory in which the advertising is to appear. If a request for a proof is not received by the Publisher, the Advertiser acknowledges that the Publisher may publish the display advertisement as requested by the Advertiser and that the limitation of liability of the Publisher, as outlined in paragraph 9 hereof, shall apply. Additional proofs required by the advertiser will be charged at a rate of $50.00 per proof.
  6. It is understood and agreed that advertising copy furnished must be acceptable to the Publisher, that the Publisher reserves the right at all times to reject any advertising matter which it deems objectionable, and that no specific position is guaranteed for advertising. Publisher reserves the right to change any headings that are shown on the face of this contract in order to maintain standardization of classifications that will best serve the purpose of the directory.
  7. The firm name, address, and telephone number as shown on the face of this contract is the criteria for correctness in each directory as subscribed. Publisher is not responsible for telephone number changes made by any party. It is the responsibility of the Advertiser to inform the Publisher in writing of any change in address or telephone number thirty (30) days prior to any directory issue date.
  8. The change in telephone number or address of a business or discontinuation of business after execution of the contract shall not be deemed as making this contact null & void.
  9. The Publisher assumes no liability whatsoever for the loss or damages caused to the Advertiser by errors or omissions of the Publisher whether or not the same may be attributed to the negligence of the Publisher or any of their employees or contractors, in compiling and printing the telephone directory including, without limiting the generality of the foregoing, any economic loss including loss of profits, loss of business revenue, loss of data or failure to realize expected savings or any incidental, special, indirect or consequential damages, even if the Publisher is advised of the possibility of such loss or damages or should have reasonably foreseen them. In the event of such errors or omissions the Publisher may, at its sole and unfettered discretion, offer a refund which shall not exceed the consideration paid for the advertising or listing by the Advertiser for the period during which the error or omission occurred. These limitations on the Publisher’s liability will apply regardless of whether the action is based on contract, including fundamental breach or breach of a fundamental term, or tort including, without limitation, negligence, or upon any other basis.
  10. The Advertiser warrants that he / she is duly authorized to engage in the business described by the classification designated, and further warrants that he / she is the owner of, and entitled to use, or is duly authorized by the owner and entitled to use copy cuts and illustrations and any trademarks or trade names which may be specified and agrees to notify Publisher immediately in writing of any changes in such ownership or authorization. The Advertiser agrees to defend, indemnify and hold Publisher from any and all claims, demands, suits, losses, damages and adjustments which arise from or which are claimed to have risen from the use of such copy, cuts, illustrations, marks and names, together with expenses, including attorney’s fees and court costs incurred by the Publisher.
  11. The Advertiser agrees to assume sole responsibility for the protection of its proprietary interest in any writing or illustration in its advertisement, and herby authorizes Publisher to permit any other person or Publisher to copy or reproduce the advertisement appearing in the directory.
  12. Cuts, illustrations and other special art works are to be furnished by the customer or billed separately or at cost by the Publisher unless otherwise stated on the face of this contract. All original advertising artwork prepared in connection with the application is the exclusive property of the Publisher and may not be used by Advertiser without the prior written consent of Publisher having been obtained.
  13. In the event that a municipal occupation, business utility, excise or other similar type of tax is imposed on Publisher, the Advertiser agrees to pay a percentage of the order price set forth in this contract equal to the percentage at which the tax is imposed.
  14. A late charge equal to 2% per month and or the highest contract rate allowed by law will be charged on any balance not paid before the next billing date. If the Advertiser defaults in paying when due, the Publisher may, at its option, declare all charges due and payable, along with reasonable attorney’s fees, court costs, and other reasonable expenses incurred if it becomes necessary to exert these means to effect collection.
  15. If the Advertiser sells or assigns his business, then this contract will be considered as part of the sale and / or assignment and the amount of monies remaining due on the contract shall be paid out of the proceeds of the sale. The Advertiser also agrees that any expenses incurred including reasonable attorney’s fees, court costs, and other cost incurred by the Publisher to enforce the terms of this agreement or in the collection process be added to and become a part of the amount due.
  16. Publisher reserves the right to extend or reduce by no more than six (6) months the issue date and period of the directory.
  17. In the event any part of this contract is determined by court of competent jurisdiction to be void, then and in that event said void part of this contract shall be considered to be severable from the remaining provisions of this contract and the remaining provisions of this contract shall remain in full force and in effect.
  18. Respecting our customers’ right to privacy is an important part of the Publisher’s service excellence commitment. It is our goal to treat personal information with the utmost respect. To us, this includes keeping our customers informed of their rights as our customer and providing them with information on how their personal information is used. Please see our privacy statement at www.ezfinder.ca/privacy.php or call 1-866-953-2181 for details about the Publisher’s privacy statement.

This is not a telephone company publication.