TruVista
Terms and Conditions for Advertising
- Published by Local Telephone Company. TruVista is your local telephone company (“Phone Company”) whose function is to prepare, compile, and publish all telephone directories for all areas in which the Phone Company provides service and all areas in which directories are distributed. The (“Applicant”) refers to the company or individual that is electing to advertise within the directory.
- Acceptance by TruVista. The directory listings and/or other items of advertising that appear on the agreement are submitted for acceptance for publication in the next directory to be published by TruVista. This application for advertising is not binding until it is accepted by TruVista. Acceptance is conditional upon the following:
(a) TruVista reserves the right to reject advertising that fails to conform with its editorial standards. Guidelines for advertising can be provided upon request. Advertising that fails to meet editorial standards shall be returned, and the applicant shall be afforded the opportunity to revise the advertising to conform with TruVista standards.
(b) Any and all advertising appearing in current and/or prior TruVista directories must be paid for in full. This includes any and all costs and/or attorney’s fees incurred by TruVista in the collection of such payment. Provided that the above conditions have been met, and in the absence of an express rejection by TruVista, this application for advertising shall be considered accepted as of fifteen (15) days prior to the directory close date.
- Cancellations. The applicant may cancel advertising only if a cancellation notice is in writing and received by TruVista seven (7) days within signing the advertising agreement.
- Payments. The applicant agrees to pay monthly for the advertising at the monthly rate as set forth in the agreement, plus any applicable taxes. TruVista reserves the right to increase such rates prior to publication of the directory upon fifteen (15) days prior notice to the applicant. In the event of a default in payment of monthly charges, TruVista can declare payment of the entire amount of any remaining charges due and payable. Accounts are considered in default at 60 days past due. The applicant shall be responsible for all costs associated with the collection of any past-due amount, including but not limited to reasonable attorney’s fees and costs.
- Cancellation Due to Discontinued Phone Service: TruVista agrees to cancel any charges for advertising for that portion of a directory in which all telephone service directly or indirectly related to the advertising is discontinued with the phone company. However, charges for advertising are still applicable for discontinued telephone service where telephone calls are intercepted or forwarded to a new telephone number.
- Advance Payment of Cancellation Due to non-payment: TruVista has the right to require advance payment for or refuse advertisement in future published directory issues when the customer fails to maintain current directory payment terms.
- Trademarks: The applicant assures that it is authorized to sell, provide products, services, or use photographs displayed in the copy submitted for advertising in this publication and that the applicant has the right to use and advertise under all trademarks. service marks, or trade names used therein, the applicant agrees to indemnify TruVista against all costs, losses, or damage sustained in any way pertaining to the insertion of the advertising in any issue of a directory. In the event of any opposition to the applicant’s right to advertise the products, services, trademark, service mark, trade name, or photographs in connection therewith, TruVista may discontinue the agreement without notice. The applicant is solely responsible for the protection of its copyright in any writing, illustration, design, map, photograph, or any combination included in any of its advertising.
- Automatic Renewal: This agreement shall be renewed automatically under the same terms and conditions as contained herein, unless a new agreement is entered into between the parties. This provision is intended to assure that applicants who are in good standing with TruVista and who have a telephone listing with TruVista are provided with advertising in the event that they are unavailable during the application period for the new directory.
- Errors and Omissions: TruVista is unable to guarantee the relative position of any advertising in a particular directory. TruVista depends on the information supplied by the applicant for advertising purposes. The applicant must review display advertising, and written approval must be obtained from the applicant, either through the submitted layout document or the previous year’s advertising. No display advertising will be included in the directory unless approved in writing by the applicant. Every attempt will be made to provide proof of advertising for an HS or display ad (not for listing advertising types). However, because of timing constraints, proofs cannot be guaranteed. If the applicant receives a proof and does not return it within a certain number of days from receipt (as indicated on the proof), the ad will be considered approved as is.
- It is acknowledged by the parties that errors and omissions can occur in the advertising, and therefore, it is understood and agreed to by the applicant that TruVista will assume no liability on account of any omission or error that may appear in the advertising. Any abatement in charges for advertising considered by TruVista due to an omission and/or error shall be within the sole discretion of TruVista in accordance with their policy and procedures. In no event shall an abatement exceed the amount of charges for the advertising that was omitted or in which the error occurred.