This is the legal stuff you should know for advertising.
This agreement is made on the date signed electronically as
reflected in the accompanying e-mail confirmation of credit card or online
checking order, or e-mail confirmation of form to fax or send via regular postal
mail (hereafter referred to as "order" or "advertising
order") by and between Small Business Help Center, Inc. (hereafter referred
to as "SBHC", "us", "our" or "we") and
the Advertiser named at the end of this contract (hereafter referred to as
"you" or "your").
ARTICLE I - TYPE OF ADVERTISING
You contract with us to rent advertising space on our website (located at for
the type(s) of advertising stated in your advertising order.
ARTICLE II - YOUR OBLIGATIONS TO US
For all banner ads you agree to provide us either on diskette
or via e-mail the file containing your banner upon signing this contract, but in
no event later than seven days prior to the beginning of the term of this
contract. Banner dimensions may not exceed 120 x 240 pixels (i.e. standard tower ad). We require JPEG or
GIF file types, and continuous looping animation is permitted. The maximum file
size is 20KB, but we recommend 15KB or less to download to viewers faster, and
thus improve your exposure. Banner ads may link to the web page you specify.
You warrant to us that you have obtained any and all copyright/trademark
releases or other approvals to showcase information provided to us by you. You
agree to indemnify us and hold us harmless from any claims resulting from use of
your material and/or use of our site. You agree to excuse us from performance
due to circumstances beyond our control such as Acts of God, disruption in
telecommunications services, or inability to use your supplied material for the
purposes intended.
ARTICLE III - OUR OBLIGATIONS TO YOU
We will place your ad on the page(s) you selected, as reflected in your
order. We will post your order on the site within seven days of receiving your
order (plus banner, if applicable).
If you have requested additional services from us (banner development,
excessive amount of Listings changes, etc.) we will bill you separately for
them. Our failure to bill you or waiver of our right to bill you for some or all
of these additional items does not waive our rights on other billings (including
other additional items).
While we will make every effort to work with you, both we and you agree that
we cannot guarantee specific results, nor can we be held liable for delays,
incorrect data, loss of revenue, or any other damages. In other words, you agree
to accept the advertising as posted, with no warranties or guarantees of any
kind.
ARTICLE IV - PAYMENT TERMS & LENGTH OF CONTRACT
The first month payment is due upon signing. The Banner term
will commence on the first day posted.
Payment is due in full each month no later than the last day of the prior
month. All advertising contracts are for either six or twelve months, with the
exact number of months for this contract determined as selected by you in the
order. Contracts are not subject to cancellation. You agree to provide your
credit card or bank draft (ACH) data so we can charge the advertising fee
directly to your card. By providing this data, you are granting explicit
approval for us to charge the agreed upon monthly amount for each consecutive
month of your order.
ARTICLE V - REMEDIES FOR FAILURE TO PERFORM
If we fail to post your advertisement by the date promised, and/or your ad
and/or the website is not available for more than two days during a month, we
will provide an additional month of advertising at no additional expense to you.
This is the full extent of our liability for our failure to perform according to
this contract.
If you fail to provide the information required in ARTICLE II of this
contract by the deadlines stated, we will remove your ad from our website and
will charge one additional month of advertising fee to cover the lost revenue
potential for us. You must remember the deadlines. While we will try to keep in
contact with you, it is your obligation alone to provide any updated information
required.
If we feel that your advertisement is inappropriate in any way for our
website, we will contact you as soon as we are aware of the problem to discuss
it with you. If we cannot agree on an acceptable advertisement to post, we will
either charge one additional month and terminate your contract (as explained in
the previous paragraph) for update ads, or we will refund your initial fee for
first time advertisers. We reserve this right in order to maintain the
attractiveness of our website for the majority of visitors, and to help maintain
the best possible hits for all our advertisers.
Any complaints or concerns we receive from site visitors concerning your ad
we will forward to you while you are a current advertiser on our website. You
agree to contact the complainant and resolve any issues. However, upon receiving
a third complaint within the same month, we reserve the right to terminate your
ad without notice while charging you for one final additional month. This
provision is designed to protect the reputations of all advertisers and the
website so we can make this a more effective advertising forum for all
advertisers.
ARTICLE VI - MISCELLANEOUS PROVISIONS
You and we both agree that this contract is governed by the laws of North
Carolina. You and we agree to seek an arbitrator in North Carolina first if a
dispute should arise under this contract. You and we agree that any court action
regarding this contract must be filed in a
court in North Carolina.
You and we also agree that if one provision of this contract is invalidated,
that will not affect the remaining portions of the contract. Finally, you and we
agree that this written instrument contains the entire agreement between the
parties, so no statements, promises, or inducements made by either you or us or
any agent of either party that are not contained in this contract shall be valid
or binding. This contract cannot be enlarged, modified, reduced, or altered
except in writing, signed by both parties. This agreement shall be binding on
your heirs, executors, assignees, and successors.
SMALL BUSINESS
HELP CENTER, INC.
Kenneth R. Lenz, President
P.O. Box 98
Pleasant Garden, NC 27313