These Advertising Terms and Conditions apply to any advertising posted on the Understandingnano.com Web site (referred to as the "Web Site"), a web site owned by Hawk's Perch Technical Writing, LLC (referred to as "Web Site Owner").
1. Advertisement Positioning
The location of advertising on the Web Site will be specified in the Invoice or Advertising Agreement. The position of the Advertisement on any specific page is at the discretion of the Web Site Owner unless a specific position has been agreed to in the Invoice or Advertising Agreement.
The Web Site Owner will provide the Client with an invoice, delivered by email, once the Advertisement has been posted on the Web Site. Client shall pay the amount due within 30 days of the date of the invoice. If the Client does not pay the amount due within that time period, the Web Site Owner may remove the Advertisement from the Web Site until the payment is received and charge a 5% late fee. All reasonable collection and legal actions to collect unpaid invoices may be pursued by the Web Site Owner.
3. Appropriateness of Advertising
The Web Site Owner reserves the right to determine if specific advertisements are appropriate for the Web Site and reject Advertisements at his discretion. The Web Site Owner may terminate the Advertisement at any time if the Web Site Owner believes that the Advertisement or the web site the Advertisement is linked to jeopardizes the reputation of the Web Site or places the Web Site Owner at legal risk. A prorated portion of the advertising fee will be returned to the Client in this event.
4. Termination of Agreement
Contracts with advertisers will be honored for the term of the contract by both parties. If an advertiser asks to cancel a contract, the advertiser agrees to pay a cancellation fee equal to three months of advertising or the remaining months of the contract, whichever is less. If the entire fee has been paid the cancellation fee will be deducted from any applicable refund due.
For month-to-month advertisers, the Web Site Owner may terminate this agreement at any time and for any reason with 30 days written notice. Any unused portion of the advertising fee that has been paid will be prorated and returned to the Client. Client may terminate this agreement at any time and for any reason with 30 days written notice. Any unused portion of the advertising fee that has been paid will be prorated and returned to the Client minus a $100 cancellation fee.
Client warrants that it is the owner or has rights to any and all content, trade mark, brand name, logo, or copyright material incorporated in the Advertisement.
6. Limitation of Liability, Indemnification
Neither party will be liable to the other for special, indirect or consequential damages incurred or suffered by the other arising as a result of or related to the performance of the terms of this Agreement, whether in contract, tort or otherwise, even if the other has been advised of the possibility of such loss or damages. Client will indemnify and hold Web Site Owner harmless against any claims incurred by Web Site Owner arising out of or in conjunction with the placement or display of any Advertisement or Client's breach of this Agreement, as well as all reasonable costs, expenses and attorneys' fees incurred therein. Web Site Owner's total liability under this Agreement with respect to the Advertisements, regardless of cause or theory of recovery, will not exceed the total amount of fees paid by Client to Web Site Owner.