TERMS & CONDITIONS
This agreement by and between Roland Digital Media, Inc., hereinafter referred to as “Company”, and Advertiser, hereinafter referred to as “Advertiser”.
The advertisement shall be painted/printed/displayed in the design furnished by the Advertiser. Monthly rental payments shall be due and payable in advance on the first day of each month for the term of the agreement. Company will provide initial paint/print and copy changes as priced below. If special artwork or embellishments are required, an additional charge for initial painting/printing or copy changes may be required. Advertiser shall furnish artwork design within (15) fifteen days after signing agreement or within (3) three business days of the start date agreed to by both parties. In the event that Advertiser does not furnish said artwork design within the time provided then the term of this agreement and billing shall begin even if billboard artwork is not posted. If necessary Company shall have up to twenty-four days a year, normally two days per month, for advertisements to be out of service for repairs and maintenance to tri-vision signs and light fixtures or digital units. Company has the right to reject any advertising copy or photographs for any reason at company’s sole discretion. All artwork/creative/designs/ads created by Company are owned by Company and remain so indefinitely unless Company releases such with a written and signed agreement stating otherwise.
Any payment that is received more than (15) fifteen days beyond the due date shall incur a (5%) percent per month late charge. If two or more consecutive payments shall become past due and delinquent, Company shall have the right, at its option, to cancel this agreement, and the Advertiser agrees to pay immediately to Company a lump sum amount equal to all amounts due and which otherwise would become due through the term of this agreement, which sum is agreed by both parties to be the actual liquidated damages of Company. Advertiser agrees to pay all collection expenses, including attorney’s fees and court costs, incurred by Company for the collection of any amounts becoming past due hereunder and/or awarded by any court. Advertiser also agrees to pay interest at the maximum lawful rate on all amounts outstanding until paid in full. In addition company may continue this agreement on a month to month basis until all amounts due are paid in full. Payments returned for insufficient funds will be assessed a $50 fee, or maximum allowed by law, for each attempt to process the payment. Returned checks or declined bank cards will result in a penalty of $50 per occurrence. Additional 3% convenience fee will be added for credit card payments.
In the event Advertiser is dissatisfied with the service and maintenance of said billboard advertising, then it shall become the duty of the Advertiser to notify Company in writing of the dissatisfaction in the manner that the billboard advertising is serviced and maintained, and should the Advertiser fail to notify Company in writing of dissatisfaction, then this shall become a bar to any defense that Advertiser may interpose in suit for collection of rents by Company.
Company shall not be responsible for any failure or delay in performance of its undertaking hereunder when due to fire, governmental restriction or any other act or thing beyond Company’s control. In the event of damage to or destruction of sign, Company shall have the right, at its option, either to repair or rebuild the same, extending the term of this agreement for such period of time as the sign may be unavailable for use by Advertiser, or may terminate this agreement, in which event, Advertiser shall not be obligated to make any further rental payments hereunder.
It is mutually agreed between the parties that this is the complete agreement between them and that said agreement cannot be altered unless by mutual consent of all parties to this agreement and placed in writing signed by both parties, and any agreement heretofore made is superseded by this agreement. It is agreed and understood by the parties that this contract shall be construed as though made and performed in the State of Tennessee, and they further agree that jurisdiction and venue for any enforcement of or violation of this contract shall lie with the courts of Putnam County, Tennessee.
Company shall have the right to assign all or part of its interest in this agreement. Advertiser shall have the right to sublease under this agreement with written approval of Company. However Advertiser and any one personally liable shall remain liable for the rents as agreed herein. It is understood that this advertisement and billboard shall remain the exclusive property of the Company and that the Advertiser may not enter onto, subcontract work to be done, or remove Company property.
Details above may supersede these numbers.
• Digital Billboard Platinum Package – Company agrees to show Advertiser’s ad 850 – 1,100+ flashes per day per market.
• Digital Billboard Gold Package – Company agrees to show Advertiser’s ad 420 – 540+ flashes per day per market.
• Trivision Billboard – Company agrees to show Advertiser’s ad 2,880 flashes per day per market.
• Standard Wrap/Poster Billboard – Company agrees to show Advertiser’s ad 24 hours/day.
CHANGES / REVISIONS:
Company has the right to alter/change these terms at its discretion without notification of any kind.