Advertising Terms

The word ADVERTISER as used in this contract shall apply to the Advertiser named on the face of this contract or its authorized Agency, if the contract is placed through such Agency.  In such event, Agency represents and warrants that it is duly authorized to place orders for Advertising Displays on behalf of the Advertiser.

BILLING
Rent plus printing and installation costs must be paid in full prior to posting.  Printing and Install Costs are a separate and independent invoice.  Complete Payment is required for 3 month campaigns. For campaigns three (3) months or longer - 1st and final two (2) months, plus printing and installation are due up front.  Rent is due on the first of every cycle.

ARTWORK OR AD COPY
Artwork or ad copy must be received 1 month prior to scheduled posting date. A $100 charge is assessed to any client submitting artwork less than 30 days prior to posting. It is understood that the advertiser will provide artwork to the specifications made by Worcester Sign Co. and upon receipt of artwork/ advertising copy & proof approval by Worcester Sign Co., printing shall commence with a printing completion turnaround time of 5 days, and posting or sign hanging shall be completed within 5 days after printing is complete and vinyl has been received by Worcester sign Co.

VINYL PRINTING AND SIGN HANGING
There is a separate and one time initial cost with printing and installation. If the advertiser would like Worcester Sign Co. to handle the printing, our average production rate is $1.40 per sq. ft. for advertising clients, plus the cost of installation or sign hanging which typically costs 75 cents a square foot. If the advertiser is providing the vinyl for the wallscape or billboard, then there will be no printing charge associated with the campaign. Advertiser must be sure to have the correct specs for each location. Each wallscape is set up differently, with different dimensions. We use a combination of cables and ratchets depending on the location. Installation and posting can only be performed by Worcester Sign Company or our Contractors. The costs for posting is fixed and set for each location. You can change the vinyl during your reserved time for the price for listed in this agreement for printing and install.  All sign hanging will be completed within five (5) days after Worcester Sign Co. receives the vinyl.

DISPLAT LEEWAY: Leeway of five (5) working days from the display date ordered is required and hereby provided to complete installation of the displays.

ADVERTISTING AGENCIES AND AGENTS: Worcester Sign Company welcomes Advertising Agencies who represent clients. Third Party Advertising Agency or Agent fees and commissions shall only occur and be recognized through a contract with their respective party to be an agency of record.  An Agent representing the Advertiser is paid solely by advertiser.  If Worcester Sign Co. collaborates with an advertising agency who is not representing any particular advertiser it is done so with an agency recognition form and prior agreement. 

PROOF TURNAROUND
Proof Turnaround can vary from 2 to 5 business days. Proofs are provided via email. No printed proofs.

CANCELATIONS
If you cancel your contract and we cannot find a replacement to substitute your space and time - You are responsible for the lost time that you reserved and Refunds of the difference if any will only be issued after the term of your advertising contract has lapsed.

PROOF OF PERFORMANCE
Within ten (10) business days of the completion of the initial posting or any copy changes, Worcester Sign Company will send completion reports to the advertiser Client or its agent providing the date of completion via email. The Agency shall provide one (1) unaltered close-up photograph and one (1) unaltered approach photograph of each permanent bulletin billboard, wallscape or 30-Sheet Poster Panel Product upon completion of each posting. Clients can request to view their Proof of Performance photos and reports at anytime during the contract term and for 1 year after contract term. Upon request, the Agency shall furnish the reports within 30 days of request. The Agency shall keep records of this Contract’s dealings for a period of 2 years. With a copy change we shall provide one unaltered close-up and one unaltered approach photograph of the new design.

SERVICE GAURANTEE
To ensure the complete success of our clients’ outdoor campaign, Worcester Sign Company, Llc guarantees the following: Post all bulletins and wallscapes within 5 business days of contract scheduled post date. Deliver a completion photo within 10 business days of completing the initial posting. Repair display defects, including flagging, within 2 business days of notification. Visually inspect each display at least twice every 14 days immediately following any major storm activity; the affected area’s inventory will be visually inspected for any related damage. Our Supporting Commitments: Worcester Sign Company will provide an acceptable adjustment for all units not installed within guaranteed date. Client will be notified in the event the materials are not available 7-10 days prior to contract start date. Client will be contacted and informed of display defects and repair status. Materials must arrive at facility 14 business days prior to contract posting date. Installation will not be scheduled until all materials arrive. Bulletins with extensions and Tri-Visions will need additional days. If weather conditions prohibit installation in 5 days, Worcester Sign Company will notify the Client.

CONTENT APPROVAL AND CENSORSHIP
Worcester Sign Company reserves the right to reject or terminate this advertising display, before or after posting, if at the sole discretion of WORCESTER SIGN CO. the content conflicts with values, the law, or any previous agreement entered into between the landlord and WORCESTER SIGN CO.

CREDITS
If the location should be lost for any reason during the period of display, space of equal advertising value will be substituted or credit will be issued for loss of service. Unused Postings will not qualify for credits, and cannot be carried forward. Credit for loss of service will be based on the prorate time cost.

ARRIVAL OF PRODUCTION MATERIAL AND INSTRUCTIONS: Unless printing is provided by Worcester Sign Co. The Advertiser shall provide the necessary production materials to Worcester Sign Co at least ten (10) days prior to the designated Start Date.  In the event Advertiser fails to provide such materials at least ten (10) days prior to the designated Start Date, Advertiser will be charged for the full period of time stated on the contract.

COPY CHANGE:  Should Advertiser desire a change of copy, either of the complete display or in the form of overlays, a charge will be made in accordance with the current published rates and allotments for printing and installation.

ILLUMINATION:  All illuminated displays shall be illuminated for an 8 hour period each day.  For any period of non-illumination a pro-rata credit of 10% of the then monthly base price shall be granted.

ADJUSTMENTS TO CONTRACTS:  Permanent Paints, Bulletins and Long term Wallscape rental agreements may only be canceled at the annual anniversary date, provided WORCESTER SIGN CO. receives sixty (60) days prior notice to anniversary date.

Wallscape and Billboard reservations may be canceled prior to the end date at the end of any thirty (30) day or four (4) week period by providing advance written notice that reaches the office of WORCESTER SIGN CO. at least sixty (60) days prior to the desired cancellation date. In the event of such cancellation, the rate on this contract will be adjusted to the earned rate as shown on the then current published WORCESTER SIGN CO. Rates and Allotments and the entire amount will become due and payable.

If the advertising or sale of the product or service to be advertised under this contract is prohibited by law or government regulation, this contract shall terminate as of the effective date of such law or regulation without earned rate charge.

Worcester Sign Co. may upon notice to Advertiser cancel this contract at any time (a) upon material breach by Advertiser, (b) if Worcester Sign Co does not receive timely payment on billings, or (c) if Advertiser credit is, in the reasonable opinion of Worcester Sign Co, impaired.

 PERMISSIONS:  Both Advertiser and Worcester Sign Company reciprocally give permission to the other to use pictures of the campaign and the respective trademarks of one another for promotional purposes only.  Either party may place a link from their Website to the other web site, but is not obligated to do so.

 DEFAULT: Failure to pay in accordance with the terms stated on the reverse side of this document will cause Worcester Sign Co to consider this contract to be breached and Worcester Sign Co may, at its option, cancel and terminate same and call the entire amount of this contract due and owing and further charge as additional damages any losses Worcester Sign Co may sustain by reason of default, cancellation and termination, including but not limited to attorney fees and collection expense. Agency commissions will be forfeited if payments are not made within sixty (60) days of the terms stated on the reverse side of this document. On contracts placed thru an Agency, Agency and Advertiser shall be jointly and severally liable for payment of all amounts due hereunder.

CONTINGENCIES: It is expressly agreed that Worcester Sign Co shall not be held liable for loss or damage on account of delays or loss of service due to acts of God, strikes, fires, governmental or municipal laws, rules, regulations or restrictions or acts of Providence, or for inability to secure specified material, or to maintain said displays or any part thereof by reason of any legislation heretofore or hereafter enacted by the Federal Government or any State or Municipal Government, or any rules or regulations made by any department of the Federal, State or Municipal Government, or for other like causes. In the event of any delay in service by reason of the above, the advertiser shall be notified immediately and shall be entitled, at its election, to either an extension of service, additional service, or credit, all on a pro-rata basis.

INDEMNIFICATION: Worcester Sign Co shall hold Agency and Advertiser harmless against all liability including all claims, demands, debts, obligations or charges together with reasonable attorneys' fees and disbursements (all hereinafter referred to as "liability") arising out of the Installation, maintenance or removal of advertising copy. The Advertiser similarly agrees to hold Worcester Sign Co harmless against all liability arising out of the content of the advertising copy furnished by Advertiser or Agency, including, without limitation, any claims of infringement of copyrights, trademarks, service marks, or other intellectual property.

LIMITATION OF LIABILITY: In no event shall Worcester Sign Co’s liability arising out of or related to this contract, however caused, and whether arising under contract, tort (including negligence) or any other theory of liability, exceed the amounts received by Worcester Sign Co from Advertiser under this contract.

GRAPHIC DESIGN:  Worcester Sign Company charges $40/ hour for graphic artist design/ creative time.  Fee includes client time, photo searching, graphic creation, scanning, picture taking, staging, and all other creative services performed for the creation of the design of the advertiser client ad copy or sign.

PHOTOGRAPHS:  Photographs are copyrighted property of the photographer.  The photographer licenses or releases rights to the photograph for use by advertisers through either a license agreement or a “Work for Hire” agreement.  If photographs are purchased a licensed copyright reseller, then when purchasing the photograph you are buying the non-exclusive right or license to use the photograph for your ad or campaign..  Time limits and terms may apply depending on your license agreement with the photo reseller.  Worcester Sign Company will not advance the cost of the photographs from the reseller and the advertiser is responsible for purchasing the photographs they desire.  Photographs taken by a photographer hired by you must obtain the permission to use the photograph for this outdoor sign application.  Advertiser must attest to ownership of the photographs used and provided to Worcester Sign Co. for use in this campaign and Advertiser must indemnify and defend and hold Worcester Sign co. harmless from any claims of copyright infringement or any other claim resulting from the provided photographs or artwork.  Any photograph taken by a Worcester sign co. employee or contractor for the purposes of creative for ad copy or signage shall be the joint property of Worcester Sign Co. and the Client advertiser.  Both parties shall have full right to use the photos for commercial and promotional purposes only.  Any photographs taken by Worcester Sign Co. for reporting purposes are the sole property of Worcester Sign Co. with Worcester Sign Co. granting permission to the advertiser to use the photographs for promotional purposes only.  No license fees other than the rate or fee charged hourly or the amount charged for services or products in this contract shall apply.