Terms & Conditions:
Payment Terms: Catalogs.com shall charge Client’s credit card on a monthly basis for all amounts owed by Client. Any late payments are subject to the maximum interest rates allowed by law. Catalogs.com reserves the right to modify its rates and other charges, though the Client will receive prior notice of any increase in rates and other charges prior to being instituted. In the event any third parties are employed to collect any outstanding amounts owed by Client, Client agrees to pay reasonable collection costs including attorney’s fees, whether or not litigation has commenced.
Publishing Error: In the event of any publishing error, Catalogs.com agrees to promptly correct the same upon notice from the Client. Catalogs.com shall have no liability to the Client as a consequence of such error.
Right To Post On-Site/Indemnity: All Client marketing materials are accepted and published by Catalogs.com upon the express representation and warranty of Client that Client is authorized and has the legal right to publish the entire contents and subject matter thereof. Client shall indemnify and hold harmless Catalogs.com, its officers, directors, stockholders, employees, and clients against all loss, liability, damage, and expense of whatever nature, including reasonable attorney's fees as a consequence of the incorrectness of the foregoing representation and warranty otherwise arising from, pertaining to or arising out of the placement of Client’s material on the Catalogs.com Internet web site(s). This provision is intended to survive any termination of this Agreement.
Limitation Of Liability: The maximum liability, if any, of Catalogs.com hereunder, whether arising from Catalogs.com’s breach of contract or warranty, negligence, strict liability, or other tort or action with respect to the subject matter hereof, is limited to an amount not to exceed the price charged by Catalogs.com to Client under the terms hereof, in no event shall Catalogs.com be liable to Client for any incidental, consequential, or special damages, including without limitation lost revenues and profits, even if it has been advised of the possibility of such damages.
Benefit: This document shall be binding upon and accrue to the benefit of its successors and assigns of the parties hereto.
Termination: Either party shall have the right to cancel this agreement upon 30 days prior written notice, providing the total term will not be less than the Initial Term. Upon termination, the Client shall remain responsible to pay for all charges owed to Catalogs.com through the date of termination.
Notice: All notices directed to Catalogs.com hereunder shall be in writing and delivered to the following address: 1900 N. Bayshore Dr., Suite 1A, Miami, FL 33132. E-mail to Catalogs.com shall go to info@catalogs.com. All notices to be delivered to Client hereunder shall be sent to the address or e-mail address listed in Paragraph 1 above. Any change in notice address by any party hereto must be delivered in writing to the other.