HAYMARKET MEDIA PTY LTD – ADVERTISING TERMS & CONDITIONS
DEFINITIONS
In these terms and conditions “The Company” means Haymarket Media Pty Ltd and “The Advertiser” means the person, company or other body to whom this document is addressed and who wishes to place advertisements in The Company’s publications and / or websites. “Booking” means a request or order (whether written or verbal) for the advertisement or insert to be placed in The Company’s publications or websites.
Advertising Agencies, unless the context requires otherwise, will be treated as acting as principal.
SPECIFIC CONDITIONS
1. These terms and conditions shall govern every booking and shall constitute a contract between The Company and The Advertiser and shall apply to all advertisements accepted by The Company. Any other conditions including The Advertiser’s standard conditions of purchase are expressly excluded, and no variation of any of these terms and conditions shall have any effect unless expressly agreed in writing by the company.
2. The Company reserves the right to refuse, withdraw, omit or otherwise deal with all advertisements at its absolute discretion without any liability to The Advertiser thereby arising. The Company will refuse to place any advertisement that has pornographic or sexually explicit material in its content.
3. The advertisement must comply with the Australian Code of Advertising Practice, and all laws and guidelines that may be applicable. Should the advertisement not comply, the company reserves the right not to publish such advertisement.
4. All advertisements are accepted subject to space being available and to the copy supplied by the advertiser being acceptable to The Company, at its discretion. The Company shall not in any way be liable to The Advertiser for any loss suffered by The Advertiser due to non-availability of space or unacceptability of copy.
5. If the company considers it necessary to modify the size or position of any insertion or make any other alteration to the advertisements, The Advertiser will have the right to cancel the advertisements if the alterations are unacceptable, unless such changes are due to an emergency and beyond The Company’s’ control. The Company shall in no circumstances be held responsible for the expenses incurred, as a result of additions, changes or deletions from any advertisement reasonably required by The Company.
6. The Advertiser accepts that any liability by The Company for error in an advertisement or the non publication of an advertisement is limited to the actual charge made by The Company to The Advertiser for that advertisement.
7. The Advertiser shall have the right to request The Company in writing to make changes to the advertisement and The Company shall use its reasonable endeavours to comply with such requests at The Advertiser’s expense.
8. A verbal booking shall be a contract governed by these terms and conditions provided that The Advertiser has not previously dealt with The Company. Under these circumstances a verbal contract with a first time advertiser can be cancelled within 5 days of receipt of a copy of these terms and conditions.
9. Each booking shall be treated as a separate contract. There shall be no right of set off between separate bookings and/or advertisements and regardless of any series, multiple or separate booking by The Advertiser or of any series or other discount offered by The Company. Each booking and each publication of an advertisement shall be deemed to be the subject of a contract.
10. The Company reserves the right to determine the position of each advertisement unless a special position at a premium has been agreed in writing between The Advertiser and The Company. Should The Company not honor an agreed premium position, then a discount of up to thirty percent may be provided. (Discount only applies if the above conditions are adhered to).
RATES
11(a). Advertisement rates for insertions that are not yet within the cancellation period are subject to change by The Company except where a rate protection guarantee has been agreed in writing between The Company and The Advertiser. In the event of The Company wishing to apply a rate increase for an advertising insertion that has already been confirmed in writing The Advertiser has the right to cancel without loss of discounts but such cancellation must give the proper period of notice.
11(b). In the case of a series booking, discounts will only be given when the series is booked in advance and completed within the following twelve months and there is no cancellation by The Advertiser.
CANCELLATIONS
12(a). If The Advertiser cancels part of a series booking before the series is completed The Advertiser may at the company’s sole discretion be charged at the standard rate for each advertisement inserted prior to such cancellation, and The Advertiser shall immediately pay to The Company all such additional sums as may be due as a result of The Company so charging.
12(b). The Company will only accept cancellations if in writing and received six weeks prior to the date the advertisement was scheduled to appear. Any cancellations received after such date will be of no effect and the advertisement will be payable in full.
COPY AND MATERIAL
13(a). It is The Advertisers responsibility to supply the copy and all materials required for advertisements in a form acceptable to the publisher prior to the publishers’ scheduled copy date for the advertisement. Failure to do so will mean that at The Company’s discretion existing copy may be repeated or the advertisement omitted if no repeat copy is available. In either case the full cost of the advertisement remains payable.
13(b). All advertisements which require additional work by The Company prior to publication will be subject to additional charges which will be accepted by The Advertiser.
13(c). The Company shall not be liable for any mistakes occurring in the preparation of The Advertiser’s copy.
13(d). Proofs will only be supplied if requested in writing by The Advertiser and if copy is received at least two weeks prior to copy date.
13(e). Where a booking is made but the copy and materials have not been received by The Company by the copy date, the full cost of that booking remains payable.
13(f). Where errors are clearly the fault of The Company and where the copy arrived before the copy date any claim by The Advertiser shall be limited to the cost of the specific advertisement concerned. Whilst every care is taken to avoid errors The Company shall not be liable for errors due to insufficient and inaccurate instructions or circumstances beyond its control.
13(g). The Company shall not be liable for any loss suffered by or occasioned to any copy and/or artwork and other property of The Advertiser which shall be held at The Advertiser’s risk and should be insured by The Advertiser against loss or damage from whatever cause. The Company reserves the right to destroy, without notice, all copy and/or artwork or other property of The Advertiser which has been in its custody for six months from the date of its last use.
13(h). Complaints about mistakes or poor reproduction must be received in writing by The Company within 14 days of the date of the publication of the advertisement. Complaints received after that shall not be entertained by The Company, and The Company shall have no liability in respect thereof.
PAYMENT TERMS
14(a). Payment terms are strictly 30 days from the date of invoice. All invoices are dated with the publication date of the issue or the end of the month that the advertisement appeared on The Company’s website
14(b). Failure to settle any invoice including any invoice for additional charges under paragraph 12 above within the payment terms included in 14 (a) above will render the advertiser liable, at the company’s sole discretion, to lose any discount entitlement and to pay interest on the outstanding invoices at 5.0% per annum, accruing daily, above National Australian Bank Pty base rate. Failure by the advertiser to comply with these terms or any other payment terms agreed in writing with The Company shall entitle The Company, at its discretion, not to publish any future advertisement previously confirmed.
14(c). Not withstanding paragraph 14(a) above, if The Advertiser has not paid for an advertisement which forms part of a series booking by the copy date for the next advertisement in the series The Company shall be entitled to omit the next and subsequent advertisements and to charge the advertiser under paragraph 12 as if it had cancelled the series.
14(d). With the exception of Advertising Agencies, not more than one voucher copy of the publication will be provided for each insertion. No voucher copies will be provided on orders of less than $250. In the case of annual publications and requests for voucher copies three months after publication date, only tear sheets will be provided.
ON SALE DATE
15. The Company does not guarantee the on sale date that The Advertiser has booked. The company will make every endeavor to ensure that the on sale date is as close to the schedule as possible
OTHER
16(a). All prices quoted are subject to variation as a result of government taxes and levies.
16(b). The various provisions of these terms and conditions are severable and if any of its provisions shall be held to be invalid or unenforceable by any competent court jurisdiction then such invalidity or unenforceability shall not affect the remaining provisions of this agreement.
16(c). This contract shall be governed and construed in all respects in accordance with the laws applicable in New South Wales and any disputes will be subject to the jurisdiction of the New South Wales Courts.
INDEMNITIES
17. The Advertiser specifically undertakes that the advertisement (a) shall not contravene any Australian law, and (b) shall conform to the Australian Code of Advertising Practice and (c) shall be original to The Advertiser and shall not be illegal or defamatory or infringe the copyright or other proprietary rights of any third party and (d) shall be legal, decent, honest and truthful.
18. The Advertiser shall indemnify The Company against any claim (including legal and other costs and expenses incurred in dealing with any claim) arising from the publication of the advertisement that does not conform to the undertaking in paragraph 17 above.