Directory Terms & Conditions

The terms of this agreement (the “Agreement”) apply when we
provide advertising services in Bluesky’s Yellow Pages. We have
used “Bluesky” , “we ” , “us ” or “our ” with reference to
AST Telecom LLC d/b/a Bluesky Communications; “you” or
“yours” with reference to you as our advertising customer;
“advertisement” for your listing/advertisement in our Yellow
Pages; “reverse” for the reverse side of this Agreement and
“Yellow Pages” for our printed and digital directories.
PURCHASE OF ADVERTISING SERVICES -
We agree to sell to
you, and you agree to purchase, advertisement in the Yellow
Pages as described on the reverse for the indicated amount,
paid via lump sum or monthly installments. We will publish the
advertisement in the 2014 edition of the Yellow Pages.
ADVERTISING MATERIAL –
You will provide us with material to
be reproduced in the advertisement, including any graphics. You
acknowledge that the quality of the reproduction in the
advertisement is determined by the quality of the material
provided. You will ensure that the material you provide to us is
complete and accurate and meets any other quality or procedural
requirements we may notify you about from time to time. You
warrant that any material in digital form provided by you is free of
worms, viruses and other disabling devices. We will not take any
responsibility for the completeness or accuracy of the material
you provide to us, or any statements
or representations made by you in your advertisement.

ONLINE ADVERTISING – You acknowledge that the Yellow
Pages may be produced in online format. Your online advertising
material may be accessed by end-users via different technologies
and devices. The presentation and appearance of your online
advertising may be affected by factors including the underlying
technology and functionality of devices used to access the online
advertising. We do not guarantee how your online advertising will
be presented to end-users or that all features of your advertising
will be accessible by end-users via all sites, services, applications
and devices.

CHANGES TO THIS AGREEMENT – You acknowledge that
we may, from time to time, unilaterally modify this Agreement if
such modifications do not substantially affect your rights and
obligations. You are bound by any such modifications from the
date you receive the notice of same. The current version of this
Agreement can be obtained by calling 1-684-699-2759 or can be
accessed online at www.bluesky.as/directoryterms

OUR TRADEMARKS – You acknowledge that you are not
authorized to use our name or any of our trademarks without our
prior written consent. You also acknowledge that we own the
intellectual property rights related to the advertisement appearing
in our printed and digital directories, and you agree not to
reproduce the advertisement without our prior written consent.

LENGTH OF AGREEMENT AND AUTOMATIC
RENEWAL – At the end of the initial term identified on the
reverse, this Agreement will be automatically renewed for
consecutive subsequent periods (each a “renewal period”). Each
renewal period is equal in length to the initial term. You must
give us written notice of non-renewal at least 3 months before
the end of the initial term or any renewal period, otherwise,
automatic renewal will occur. You acknowledge that we may
change the date of closing or publication of future editions of the
Yellow Pages. The initial term or renewal period is typically 12

months but may be reduced or increased at our sole discretion. If
this occurs, the corresponding monthly or lump sum fee will be
reduced or increased proportionally to the reduction or increase in
the initial term or the renewal period.
INCREASE OF FEES –
In accordance with our standard
practices we may, on an annual basis, increase the monthly or lump
sum fee due under this Agreement. You will be notified of such
increase, and if you do not give us written notice of non-renewal
before the deadline we provide, you agree to pay us the increased
fee as part of your automatic renewal.
PAYMENT OF FEES –
You undertake to pay the monthly or
lump sum fee due under this Agreement upon receipt of our
invoice (which may be included in your telephone account). We
may charge you interest at a rate of 1% per month on accounts
which remain unpaid after the payment due date. If you fail to pay
any amount due under this Agreement, we may terminate this
Agreement and refuse to publish or offer the advertisement without
notice to you. You agree to pay attorneys’ fees and other costs we
incur to collect unpaid amounts under this Agreement.

YOUR WARRANTIES – You represent and warrant that you are
of legal age (18 years and over) and of legal competence to enter
into this Agreement. If acting on behalf of a third party, you
warrant that you are an authorized representative of that third party
and consent to this Agreement on their behalf. You further warrant
that: (a) we are authorized to publish the advertisement under the
classification heading indicated on the reverse and the
advertisement does not violate any law or cause controversy that
may be challenged by law; (b) that you hold all permits, licenses or
rights (including intellectual property rights) that may be necessary
for your use of the advertisement; and (c) that your use of the
advertisement does not violate any provision of any law.

LIABILITY AND INDEMNITY – Our liability arising from any
error or omission caused by us in the provision of the advertising
services shall be limited to the amount of one monthly payment (or
equivalent to 1/12 of annual lump sum payment) for those services.
All other liability is excluded to the fullest extent permitted by law.
You agree to indemnify us with respect to any claim or demand
made or action commenced by any person against us or for which
we are liable in connection with any loss or damage suffered in
connection with this Agreement or the subject matter of this
Agreement.

APPLICABLE LAW AND SEVERABILITY – This Agreement
is governed and construed in accordance with the laws of
American Samoa. Any action or proceeding arising under or
relating to this Agreement shall be filed exclusively in the courts of
American Samoa. Our failure to exercise or enforce any right or
provision of this Agreement shall not constitute our waiver of that
right or provision. This Agreement constitutes the entire
agreement between you and Bluesky regarding this subject matter
and supersedes all other communications regarding the same. If
any provision of this Agreement is deemed unlawful, void, or for
any reason unenforceable, that provision shall be deemed severable
from this Agreement and shall not affect the validity or
enforceability of the remaining provisions.

ASSIGNMENT - We may assign our rights and duties under this
Agreement to any party at any time without notice to you. Your
rights and duties under this Agreement are not assignable without
first obtaining our written consent.

 

download PDF

This entry was posted in NOKIA. Bookmark the permalink.

Leave a Reply

Your email address will not be published. Required fields are marked *

*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>