I. Credit Payment and Terms
1. Advertisements must be paid in full for prior to publication deadline
unless credit has been established by the advertiser and/or agency
with Sing Tao Newspapers New York (referred herein as the Publisher).
Acceptable forms of prepayment are cash, bank wire transfer, credit
card or advertiser or agency guaranteed check. Cash discounts and advance
payment discounts are not available unless otherwise stated on the rate card.
2. (a) Unless otherwise agreed with the Publisher, the Publisher is entitled to charge service fee and interest at the rate of 1.5% per month, or the maximum amount allowed by law, on any sum due to the Publisher by the advertiser/agency in the event that the advertiser/agency fails to settle the said sum within 7 days from the date the sum becomes due.
(b) Without prejudice to the right of the Publisher to charge interest as aforesaid, the publisher is further entitled to terminate this Agreement forthwith for non-payment of any sum due to the Publisher for more than 7 days.
(c) Should there is a default in payment requiring use of an attorney or collection firm, the publisher is entitled to charge advertiser an additional 35% on outstanding invoices for such services.
(d) Any bounced check will be charged $20 service fee for the first time within 30 days, and $40 each therefore.
3. Payment made is non-refundable. However, payment made for any order
of advertisement which is subsequently cancelled may at the request of
the advertiser and at the discretion of the Publisher be applied to settle
another advertisement order of the same advertiser placed within 30 days
from the date of such cancellation.
4. The advertiser and agency shall be jointly and severally liable to
the Publisher for the payment.
5. (a) Any advertiser wishing to establish credit with the Publisher must request a credit application from Sing Tao Credit Department. Application requests can be made by phone, fax or e-mail. Completed applications should be returned to Sing Tao Credit Department for evaluation of credit standing. If credit is granted, the Publisher will establish a credit limit and applicable payment terms. Advertisers and agencies granted credit will be billed weekly, biweekly or monthly for published advertisements, as is determined by the type of advertising and established credit terms.
(b) Credit would not be granted to advertisers out of state, in business for less than 1 year, or in certain unqualified industries. Unqualified industries include wireless communications, restaurant, car service/limo delivery, entertainment, and personal professional services.
(c) All preprint insert, as well as classified, election and one time event advertising must be prepaid even credit has been established.
II. Agency Recognitions And Commission
6. Commission of 15% will be granted only to the recognized advertising
agencies. Application for agency recognition must be made with the
Publisher prior to any advertising orders being placed or commission
will not be granted.
III. Rate Policies
7. Advertising is accepted by the Publisher subject to all terms and
conditions contained herein. Forwarding of an order by the advertiser
constitutes acceptance by the advertiser of all rates and conditions
that exist when the advertising is sold by the Publisher, and those
of subsequent rate cards. Forwarding of an advertising order also indicates
acceptance of the advertising acceptability policies of the Publisher.
In the event of a conflict between the advertiser's order and the rate card, the rate card shall govern.
8. The terms and conditions of this rate card and all subsequent
rate cards are incorporated into every advertising contract between
the Publisher and the advertiser and/or agency. Submission of advertising
subsequent to the receipt of such a contract constitutes acceptance
of the terms and conditions of the contract.
9. The Publisher reserves the right to issue new rate cards and to
revise its rates in writing, effective no less than five (5) days
after distribution of the new rate card and/or of written notice of
rate changes to the address of the advertisers or agency stated in
a contract. Such written notice and/or revised rate card, as the case
may be, shall become applicable on all the advertisement(s) ordered on or after the date specified in such notice
or revised rate card.
IV. Contract Regulations
10. Each advertising entity will establish a separate advertising
contract with the Publisher. Corporate affiliates are not automatically
entitled to the contract benefits of each other. Two or more separate
advertisements may not be submitted to fill a single standard unit
space. Volume and frequency advertising discounts will be earned only
on advertising inserted within one contract period term or a 12-month
period, whichever is the less.
11. Contracts and insertion orders are not assignable or transferable
by the Advertiser by whatever means without the prior written consent
of the Publisher.
12. Cancellation or changes in orders over the telephone will be considered
subject to written confirmation by the advertiser given on the same
day. Such requests may not be entertained after the closing date. Failure
to deliver advertising material or comply with specified cancellation
deadlines may render the space reserved being forfeited. However, the
advertisers are still liable to pay the full cost accordingly.
13. Unless otherwise agreed by the Publisher and/or a premium has been
charged, specifications on the position of the advertisement, the use
or barring the use of a particular page on which the advertisement
is to be published shall be treated as request only. In no event will
adjustments, reruns, or refund be made because of the position in which
an advertisement has been published.
14. The Publisher will not be bound by any special clauses relating
to legal liability, circulation guarantees or any other condition in
contracts or insertion orders that conflict with its policies, unless
the Publisher has specifically agreed in writing.
15. The Publisher shall not be held liable for failure to publish the
advertisement as agreed or failure to fulfill the terms and conditions
contained herein if such failure is caused directly or indirectly by
fire, flood, earthquake, acts of God, strikes, lockouts, other labor
difficulties, acts of the public enemy, riots, insurrections, government intervention
and/or other cause or event beyond the control of the Publisher.
V. Content Policies
16. All advertising content must conform to the Publisher's requirements
in terms of size, color, layout etc. of the advertisement as advised
by the Publisher from time to time. Further, all preprinted advertising
inserts must conform to the printing, packing and shipping requirements,
as the case may be, of the Publisher. Such requirements are available
upon request. Advertiser should consult the Publisher on its requirements
in advance. In the event that the Publisher is required to make modification
on the advertisement or extra labor work is incurred because of non-conformity
of such requirements, the Publisher is entitled to charge further costs
on such modification and extra labor cost incurred on an hourly basis.
The Publisher gives no guarantee that all preprint will be inserted,
or that every newspaper will include a particular preprint. The Publisher
shall have no liability for incomplete insertion of any preprint.
17. Advertising orders with or without reproduction material must
be accompanied by identifying copy. Drawing, art and articles for
reproduction are accepted at advertiser's risk and should contain an
identifying mark to facilitate return. The Publisher shall not be responsible
and does not assume any liability for damage or loss to original printing
18. The Advertiser shall be responsible for checking advertising
content for any corrections. Written notice of errors and changes
shall be given to the Publisher promptly and well before the publication
deadline. Late request for correction will only be entertained at the
Publisher's sole discretion. Notice of errors and correction should
clearly and distinctly identify the error(s) proposed to be corrected and the proposed correction(s) in an unambiguous
19. The Publisher shall not be liable for any errors in any advertisement,
except for failure to correct the errors in accordance with the notice
of errors and corrections given as prescribed above. The liability
of the Publisher in any event shall not exceed the rates charged for
the erred advertisement and/or shall be limited to providing a complimentary
make-good advertisement on the date and position as the Publisher
deems fit. Claims for errors must be made to the Publisher Advertising
Department within ten (10) days from the date of invoice. Credit for
errors is allowed only for the first insertion.
20. While every effort will be made to adhere to specified insertion
date and position, the Publisher makes no guarantee that every advertisement
will be published on the date requested unless otherwise specifically
confirmed in writing. In the absence of such confirmation, the Publisher
shall make no adjustment for advertisement not published on the date
21. The Publisher reserves the right to revise or reject advertisements
in accordance with standards of acceptability of the Publisher, to
lighten or change type and borders, or to omit advertisements without notice. Placement of advertising is at the Publisher's discretion.
VI. Copyright and Trade Mark Warranty
22. The tender by the Advertiser of any advertisement shall constitute
an undertaking by the Advertiser that
(a) the Advertiser has the right to authorize its publication and is
fully authorized and licensed to use
(i) the names and/or the portraits or pictures of persons, living or
dead, or of things;
(ii) any trademarks, service marks, copyright, proprietary or otherwise
private material; and
(iii) any testimonials contained in any advertisement submitted by
or on behalf of the Advertiser,
(b) that such advertisement is neither libelous, an invasion of privacy,
a violation of any rights of any third party, or otherwise unlawful.
23. The Advertiser and/or its advertising agency agree, jointly and
severally, to fully indemnify the Publisher, its stockholders, directors,
officers and employees against any and all liability, damages, loss
or expenses of whatsoever nature, including legal fee and costs, resulting
from claims arising from the publication of advertisement, including
but not limited to claims for libel, slander, unfair competition and
trade practices, infringement of trademark, copyrights, propriety rights,
trade names or patents, and invasion or violation of right privacy
resulting from publication of such advertisement.
VII. Advertising Acceptability Guidelines
24. The Publisher may decline to accept advertising that is misleading,
inaccurate or fraudulent; that makes unfair competitive claims; or
that fails to comply with its standards of decency and dignity.
25. If an advertisement contains any material which is deemed inappropriate
in the opinion of the Publisher, the Publisher will attempt to negotiate
changes with the advertiser; however, if changes cannot be agreed upon,
the advertisement will be declined by the Publisher.
26. In addition, an advertisement must sometimes be declined because
of the applicability of laws dealing with such matters as libel,
copyright and trademark, the right to privacy, the sale of securities,
the sale of real estate and political advertising. The Publisher has
absolute discretion to accept or decline any advertisement with or
without any explanation given to the advertiser or its agency.
27. The Publisher maintains clear separation between news and editorial
matter and its advertisements. Accordingly, ads that include elements
usually associated with the Publisher editorial matter will not be
accepted (for example, but not limited to: news-like headlines, bylines,
news-style column arrangements or typography). Additionally, the Publisher
reserves the right to label an advertisement with the word ?advertisement?
when, in its opinion, this is necessary to make clear the distinction
between editorial material and advertising.
28. Advertising contracts accepted by the Publisher represents the
entire understanding of the parties hereto, and no verbal representation,
whether made before or after the conclusion of this contract may alter
the terms and conditions herein. All additions, modifications and/or
cancellation of any of the terms and conditions herein shall be made
in writing and signed by both the Publisher and advertiser.
29. The Publisher shall be entitled to recover from the advertiser
on full indemnity basis all the costs (including legal costs) and
expenses incurred for any enforcement action or proceedings required
to be taken in relation to the advertising contract(s).
30. All advertising contracts shall be governed by the laws of
State of New York and the courts of New York shall have exclusive
jurisdiction over any disputes pertaining to the contract(s).
31. Order placed shall not become effective until approved and
accepted by the Publisher in writing. Either party can terminate
this contract by giving 14 days notice to the other provided that such
termination will not affect the liabilities of either parties accrued
before such termination.
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