Subscription Agreement – Wings Magazine

Last updated 26 September 2013

This agreement is between you (“Buyer”) and My City Wise LLC doing business as Wise Publishing Group, PO Box 85359, Seattle, Washington 98145-1359 (“Seller).

1.       Obligation of Buyer

Buyer hereby subscribes to receive a minimum of One Hundred (100) copies of each of four issues of WINGS magazine at the prices determined in accordance with the Price Sheet attached hereto.

2.       Price and Payment

  1. The guaranteed maximum price is $5.51 per copy. The actual price per copy shall be determined by the total number of copies ordered per quarter by all Visiting Angels Buyers. See Price Sheet.
  2. Buyer will be invoiced in two equal payments, with 50% of the subscription price due at invoice, and the remainder due 30 days after publication of the first issue
  3. Reductions in the price per copy (e.g. because of an increase in the total number of copies ordered) will be credited to Buyer in the form of magazine credits on a semi-annual basis. For example, if a Buyer pays $1102 for 100 copies at $5.52/copy for issues 1 and 2, and the price per copy then reduces to $3.52 , that Buyer will be given 114 magazine credits (($1102/$3.52) – 200) in the form of 57 additional magazines with each of issues 3 and 4.
  4. Buyer may increase the size of his/her order at any time, by written notification, subject to the deadlines referred to below. Payment for the additional copies is due at time of order.

3.       Cancellation/Refund Policy

  1. In the event that the total number of copies ordered by all Buyers is insufficient to justify publication, the Seller will refund all money received from the Buyer.
  2. Refunds will be made by check to the person and address last on record.
  3. All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods not required or used by the Buyer.
  4. Goods damaged in transit must be reported to the Seller within 14 days of signed receipt to enable replacement. In the event that no replacement is available, Buyer will be issued magazine credits which will be fulfilled as additional copies of the next issue of the magazine.
  5. Buyer may cancel or reduce, at any time, in writing, the number of copies delivered, subject to the deadlines described below.

4.       Distribution

  1. Goods will be delivered at Seller’s cost to one location specified by the Buyer, by a nationally recognized express courier (e.g. UPS).
  2. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are delivered. If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be accomplished and the Buyer shall be liable for any expense associated with such storage and redelivery.

5.       Content Ownership and Reuse

  1. Seller shall own all right, title and interest in the magazine, the Wise Publishing Group trademarks, name, logos and core content, where “core content” refers to content generated by Seller or authors who have licensed their content to Seller.
  2. Seller shall be free to use core content in any and all media for publications that are not sold, or actively distributed to, Visiting Angels competitors in the in-home care business sector.
  3. Buyer may link to core content hosted on Seller’s website upon written agreement executed by authorized representatives of the parties.
  4. Buyer may not copy and distribute core content except by written agreement executed by authorized representatives of the parties.

6.       Editorial Decisions

  1. Core content selection shall be performed by Seller at Seller’s sole discretion.
  2. Seller shall not publish advertising from Visiting Angels competitors in the In-home care business sector.

7.       Deadlines

  1. Buyer shall notify seller in writing 45 days prior to publication of:

i.      Change in number of copies

ii.      Change in the Buyer’s identifying content on the front cover

iii.      Change or additions to delivery location or mode of delivery.

  1. Payment:  Buyer shall pay for all magazines by the deadlines imposed by Seller but in no case less than 60 days prior to publication.

8.       Electronic Communications

Buyer agrees to receive occasional electronic communication from Seller, at the email address entered in the online order form, for the purposes of invoicing, and other purposes relevant to the efficient use and production of the magazines.

9.       Other Terms. 

The following additional clauses, which are part of the Terms and Conditions of the Wise Publishing Group web site are incorporated herein by reference: WARRANTY DISCLAIMER, Limitation of Liability, Dispute Resolution, Waiver and Venue.