2021 ADVERTISING TERMS & CONDITIONS
FLORIDA HOME BUILDERS ASSOCIATION
Advertising Terms and Conditions
CONTRACT
THE ADVERTISER OR ITS REPRESENTATIVE AGENCY ( HEREINAFTER CALLED THE “ ADVERTISER ”) HEREBY PLACES A REQUEST FOR ADVERTISING IN ANY FLORIDA HOME BUILDERS ASSOCIATION PUBLICATION SUCH AS THE SEBC SHOW PROGRAM , E-NEWS LETTER OR ON THE SEBC WEBSITE ( HEREINAFTER CALLED THE “ PUBLICATION ”) PURSUANT TO THIS CONTRACT , AND IF THE PUBLISHER ( HEREINAFTER CALLED THE “ FHBA ”) ACCEPTS THIS OFFER , THE ADVERTISER AND THE FHBA HEREBY AGREE THAT THIS CONTRACT SHALL BE GOVERNED BY THE FOLLOWING CONDITIONS :
ADVERTISING PAYMENT POLICY
( a ) To establish credit with the Florida Home Builders Association , the Advertiser is required to make payment in advance for two consecutive advertisements in the Publication prior to being placed on an invoice system . Payment may be made in a lump sum or payment may be made prior to each ad running . For the first two issues of the Publication , payment must be received either with the ad order or with the ad itself or it will not be published . If the advertiser contracts for an ad to run in two consecutive publications and allows time to elapse before running more ads , the FHBA has the option to require the two-time publication / payment requirement to go into effect again . The FHBA reserves the right to not extend credit or cancel the extension of credit . Advertiser agrees to pay for all advertising published by the FHBA in accordance with this contract . Once credit is established , the FHBA will typically bill the Advertiser within 30 days of each published advertisement covered under this contract . Advertiser shall make payment to the FHBA within 20 days of receipt of billing . Unless otherwise stipulated in writing , ad rates , discounts and charges for other services necessary for the publishing of the advertisement under this contract will be listed on the FHBA ’ s official rate card specifically incorporated herein . The FHBA will hold the Advertiser liable for all payments related to advertising under this contract . All court costs , collection fees and reasonable attorney ’ s fees incurred by the FHBA in enforcing payment under the terms of this contract and corresponding rate card referred to in Section 2 herein shall also be borne by the Advertiser . ( b ) The FHBA reserves the right to cancel this contract at any time upon default or anticipatory default by the Advertiser in the payment of accounts stated or in the event of any other substantial breach or anticipatory breach of this contract by the Advertiser . Upon such cancellation , charges for all advertising published and all other charges payable under this contract shall become immediately due and payable by the Advertiser upon rendition of bills therefore . Advertiser shall make payment to the FHBA within 20 days of receipt of billing . ( c ) The postmark date on the envelope properly addressed to the FHBA shall be considered the date when payment is made . ( d ) If the fee , including any deposit or periodic payment under a mutually agreed upon payment plan , is not received by FHBA when due , FHBA reserves the right not to supply , or cease to supply , any or all of the benefits and / or rights , including but not limited to , you not being permitted entry into SEBC unless full payment has been received by FHBA .
RATES
( a ) The FHBA represents that all its rates are published on an official rate card which is periodically updated by the FHBA and given a new effective date . ( b ) The FHBA ’ s official rate card with rates in effect at the time a requested advertisement is published by the FHBA shall be understood to mean the schedule of advertising rates of the FHBA upon which this contract is based . The Advertiser hereby acknowledges that it is aware of the official rates in effect at the time the Advertising Insertion Order / Contract is executed and understands that it may request an updated rate card in writing from the FHBA at any time . ( c ) Any and all negotiated advertiser discounts will be communicated in writing by the FHBA to the Advertiser .
PROOF OF INSERTION
A sample page containing a published version of the advertising or , at the request of the Advertiser , a copy of each issue in which the advertising appears , shall be mailed or otherwise supplied to the Advertiser , which shall be deemed to have received such a copy or page unless the FHBA is notified in writing of the non-receipt thereof within 30 days after the date of the publication . Failure to forward or furnish such copy , page or affidavit shall not constitute a breach of the contract . However , the FHBA shall exercise reasonable diligence in attempting to meet all such requests .
OMISSION OF ADVERTISING
Failure by the FHBA to insert in any particular issue or issues the advertising under this contract invalidates the order for insertion in the missed publication but shall not constitute a breach of contract . The FHBA shall have the right to omit any advertisement when the space allotted to advertising in the issue for which such advertisement is ordered has all been taken , or where there is a substantial change in the product or subject of the advertisement which may conflict with the FHBA ’ s general policy on advertising . The FHBA may also limit the size and or position of an advertisement in any issue .
GENERAL
( a ) Advertisers may not cancel orders for , or make changes in , advertising after the closing dates of the particular Publication . ( b ) The FHBA is not responsible for errors or omissions in any advertising materials provided by the Advertiser ( including errors in key numbers ) or for changes made after closing dates . ( c ) The FHBA may reject or cancel any advertising for any reason at any time . Advertisements simulating the Publication ’ s editorial material in appearance or style or that are not immediately identifiable as advertisements are not acceptable . If an Advertising Insertion Order / Contract which has been previously accepted by the FHBA is canceled by the FHBA , the FHBA ’ s sole responsibility shall be to promptly refund all monies previously paid to the FHBA less any charges for advertisements already inserted pursuant to the FHBA ’ s original Advertising Insertion Order / Contract . ( d ) No conditions , printed or otherwise , appearing on contracts , orders or copy instructions which conflict with , vary , or add to these Terms and Conditions or the provisions of the Publication ’ s official rate card will be binding on the FHBA and to the extent that the Terms and Conditions contained herein are inconsistent with any such conditions , these Terms and Conditions shall govern and supersede any such conditions . ( e ) The FHBA has the right to insert the advertising anywhere in the SEBC Show program at its discretion unless the advertiser purchases a premium placement position or is otherwise stated in writing by the FHBA . For all other advertising , any condition on contracts , orders or copy instructions involving the placement of advertising within the SEBC Show program ( such as page location , competitive separation or placement facing editorial copy ) will be treated as a positioning request only and cannot be guaranteed . The FHBA ’ s inability or failure to comply with any such condition shall not relieve the Advertiser of the obligation to pay for the advertising .
Effective 02 / 28 / 18