Independent and FREE - 2021 Best Online Publication

Advertising Terms and Conditions

Independent and FREE – 2021 Best Online Publication (Qld Country Press)

Advertising Terms and Conditions

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Sunshine Coast News and sunshinecoastnews.com.au

Advertising Terms and Conditions

The Publisher is the owner of the Publication and is in the business of providing advertising services. The terms and conditions in this document comprise a legal agreement between you and us in circumstances where we have agreed to publish Advertisements and providing Advertising Services to you, or where we have provided a Tax Invoice to you. You are responsible for payment of all fees and charges we invoice to you in respect of Advertising Services.

1. Definitions

The following definitions apply to these terms and conditions:

  • “Advertisement/s” means any notice or announcement promoting a product, service, or event or publicising an invitation to treat, whether this be in written form, visual form, video, audio or a combination thereof submitted by you for publication or other distribution as an advertisement;

  • “Advertising Service/s” means the publication of any Advertisement or Content as requested by you or a person authorised by you for us to publish in our Publication or on our Website;

  • “Content” means advertising content, description, photograph, other image, text graphics, video and/or audio;
  • “Customer” means the entity as detailed in the Tax Invoice;

  • “Indemnified Parties” means the Publisher and its officers, agents, employees, representatives and any contractors/subcontractors of the Publisher;
  • “Intellectual Property Rights” means both registered and unregistered intellectual property rights, including without limitation copyright, trademark, design and patent rights.
  • “Licence” means a non- exclusive, perpetual, irrevocable, worldwide, fee-free, royalty-free licence to publish and/or sublicence Advertisements in any form or medium;
  • “Loss” means all costs, loss, damages, expenses and liability, including without limitation any losses associated with downtime costs, damage to reputation, damage to software or hardware, corruption of data, and loss of bargain, capital, customers, data, goodwill, profit, revenue, reputation, under or in relation to any other contract, use of data, anticipated savings or benefits suffered or incurred by or awarded against you under or in any way connected with the Advertising Service/s;
  • Prohibited Content” includes, but are not limited to any advertisements that contravene the Australian Competition and Consumer Commission’s Advertising and Selling Guide (as published on the website of accc.gov.au from time to time), any applicable section of the Competition and Consumer Act 2010, any applicable industry standards, or are offensive, illegal or infringe on third party rights, or are not satisfactory to the Publisher for any reason in their sole discretion;

  • “Publication” means the Sunshine Coast News as published and distributed by us in any medium or format, including without limitation hard copy print, electronic, online or on our Website;

  • “Publisher” means The Publishing Media Company Pty Ltd A.C.N 604 740 981 as trustee for The Media Trust, being the owners of the Website and the Publication;

  • “Tax Invoice” means the tax invoice issued by the Publisher in relation to Advertising Services;

  • “Terms and Conditions” means the entirety of this document;

  • “Third Party Content” means advertisements, Content, information or publications provided by other parties;

  • “Website” means sunshinecoastnews.com.au;

  • “we”, “us” and “our” means The Publishing Media Company Pty Ltd A.C.N 164 017 921 as trustee for The Media Trust, being the owners of the Website;

  • “you” and “your” is a reference to the Customer (or where the context permits to the person authorised by the Customer to provide us with instructions in relation to Advertising Services)

2. General

  • If any part of these Terms and Conditions is held to be unenforceable, illegal or void and is not capable of being read down, then the unenforceable part is to be given effect to the greatest extent possible, and if not possible will be severed, and the remainder will remain in full force and effect.
  • Your use of our Advertising Services and these Terms and Conditions are governed by the laws of Queensland, Australia, and by engaging us to provide Advertising Services to you, you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland, Australia.
  • These Terms and Conditions, in conjunction with our Privacy Policy, constitute the entire agreement between us and you in relation to the Advertising Services and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Advertising Services. The terms of this document can only be varied in writing by the Publisher. No other order or document issued by the Customer will vary the terms of this document.
  • The Publisher may serve notice on the Customer by email, post or fax to the last known address of the Customer.
  • You agree that we may communicate with you electronically for all aspects of your agreement with us for Advertising Services, including sending you electronic notices.
  • The provisions of these Terms and Conditions which by their nature survive termination or expiry of these Terms and Conditions, will survive termination or expiry of these Terms and Conditions.
  • At any time, and without providing prior notice, we may:
    (a) change at our sole discretion the path or location of any hyperlink, subdomain or site address;
    (b) redirect Content contained within a link or subdomain on our Website; or
    (c) Delete, remove or relocate any Third Party Content on our Publication.
  • The word “including” when used in these terms and conditions is not a term of limitation.
  • The non-exercise of or delay in exercising a right by us will not operate as a waiver of that right, nor does a single exercise of a right preclude another exercise of it or the exercise of other rights. A right may only be waived by us in written notice signed by us and provided to you.
  • You must not engage us to perform Advertising Services for you for any purpose or in any way which is unlawful.
  • We do not warrant that Content, hyperlinks, subdomains and other materials contained on our Website or associated with our Website will be accessible and available to any person at all times.
  • We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Publication or Website.
  • The Customer is responsible for all fees and charges the Customer incurs when accessing and using the Website for Advertising Services, or for any communication with the Publisher in relation to the Advertising Services. These may include the fees and charges of telecommunications carriers, service providers, postal agencies and other third parties.
  • We may amend these Terms and Conditions from time to time. It is your responsibility to remain familiar with these Terms and Conditions. By continuing to engage us after we have made an amendment to these Terms and Conditions, you are warranting to us that you understand the changes and agree to them. Notification of changes to these Terms and Conditions shall be deemed to be given to you immediately upon publication of the amended conditions or other written notice, which shall apply to all Advertising Services booked after the date of publication (except where there is an express written agreement between the Publisher and the Customer that those amendments will not apply to particular Advertisements).
  • You must not register on our Website as an advertiser on behalf of anyone else, and you may not allow anyone else to use your registration details to access and use the Website.
  • You must maintain the security of your password and login information for our Website. You are solely responsible for all activity on the Website that occurs using your password, including without limitation activity generated by a third party using your password or login information with or without your permission. You acknowledge that you must regularly update your password for our Website.
  • Fraudulent use of any payment methods by you including credit card will automatically and immediately end our obligations to you and absolve the Publisher from any liability under these Terms and Conditions. You acknowledge and authorise the Publisher to co-operate with any law enforcement agency with respect to the fraudulent use of any payment methods and to provide all relevant details pertaining to your transactions conducted with us or on our Website. At the time of detection of fraudulent activity, all Advertisements by you will be cancelled immediately.
  • The Customer must not resell the Advertising Services to any third party without the Publisher’s written consent, which may be withheld in the Publisher’s sole and absolute discretion.

 

3. Placing of Advertisements

  • The Customer must either use the Website or written communication to submit their Content to the Publisher for publishing in the Publication.
  • Advertisements should be supplied to the Publisher as per the technical data specified by us on either our Website or by written communication from us.
  • The Content and the Advertisement submitted by you must not advertise or contain any Prohibited Content, or infringe third party property rights, including without limitation any Intellectual Property Rights. We reserve the right to remove, delete or not publish any Advertisements which advertise Prohibited Content, contain any Prohibited Content or infringe third party property rights.
  • The Publisher does not accept responsibility for any loss or damage to any material provided to the Publisher by the Customer or any third party on behalf of the Customer for the purposes of the Publisher providing the Advertising Services.
  • The Publisher does not accept responsibility for non-receipt of advertising requests through the Website, by email or by any other means. Advertisements must not be placed by leaving a message on a telephone answering service of the Publisher.
  • You may be charged for author’s alterations required to Advertisements if requested directly to an employee or agent of the Publisher.
  • Any amounts for costs published on the Website or in any generic information distributed by us, apply only to Advertisements that are in total compliance with the details applicable to that pricing, and personally placed directly by you to us either via telephone, email or using the Website, without the involvement of a media booking or advertising agency.
  • Any requests for Advertising prior to the relevant cut-off date and time for the Publication will not be published until the next edition of the Publication is issued. You must call us or email us to obtain the relevant cut-off date and time, which may change from time to time. Any details provided for a cut-off date and time apply solely to the appropriate publication date of the Publication and not any future publication dates. Notwithstanding any published dates or any correspondences provided by the Publisher, the Customer must strictly comply with the deadlines detailed on a Tax Invoice, including without any limitation any dates specified for payment, provision of Content and approval of the proof of the Advertisement.
  • All bookings for advertising space, insert distribution and cancellation must be confirmed in writing by you to us.
  • The Customer must promptly pay the Tax Invoice for the Advertising Services in accordance with the terms of payment detailed in the Tax Invoice.

4. Publishing of Advertisements

  • We will endeavour to publish Advertisements in the manner and form requested by the Customer when the Customer submits the Content to include in the Advertisement. Notwithstanding any format, layout or location of an Advertisement as submitted by you, the Publisher has the unconditional right to move the position of or change the format of an Advertisement without notice.
  • The Publisher has the absolute discretion to not accept any Advertisement for publication or distribution in the Publication or on the Website without giving any reason. We reserve the right to, and may without prior notice remove, delete, refuse to publish or cease to publish any Advertisement in our Publication at our sole discretion, without providing a reason.
  • The Publisher may, at its discretion, place your Advertisements alongside any Third Party Content and third party advertisements or content of any kind, including any additional features or inclusions (such as third party advertisements) during the course of providing the Advertising Services.
  • The Publisher does not warrant to the Customer that they will not publish Third Party Content in the Publication that is in competition with the Customers Advertisement. The Publisher reserves the right to publish whatever Third Party Content it wishes to do so, in any part of the Publication.
  • If we send you a colour proof, that is not a representation or warranty that your Advertisement will be published in colour in our Publication.
  • The colour and size of an Advertisement shown on any proof is an indication only. Final print colours and size of Advertisement may vary with the print process and stock variations.
  • The Customer is responsible for checking proofs of any Advertisements provided by the Customer to the Publisher and from the Publisher to the Customer (including Advertisements booked over telephone, email or our Website) and notify the Publisher of any errors. The Publisher does not accept responsibility for any errors in Advertisements submitted by the Customer or any proofs approved by the Customer. If we send you a proof and you do not approve it by the cut-off date notified to you when providing the proof, we reserve the right to not publish your Advertisement. If you fail to provide any response on the proof by the cut-off date, we may publish it and you will accept and be responsible for any errors.

If you do not strictly comply with any deadlines specified by us to you (including for payment, approval of proofs and provision of Content), then we reserve the right to not publish the Advertisement in the Publication.

5. Warranties, Indemnity and Liability

  • The Customer acknowledges and warrants that it has not relied on any advice given or representation made by or on behalf of the Publisher in connection with the Advertising Services, the Publication or our Website.
  • Subject to any terms, conditions or other responsibilities implied by law and which cannot legally be excluded, the Publisher and the Indemnified Parties exclude and are not liable to the Customer for any Loss, damage, liability, claim and expense (including but not limited to legal costs and defence or settlement costs) incurred by the Customer or any third party whatsoever, arising out of or referable to any Advertisements or the Advertising Services, whether in contract, tort including negligence, statute or otherwise.
  • The liability of the Publisher and the Indemnified Parties for a breach of any term, condition, guarantee or warranty implied by law and which cannot legally be excluded by the Publisher and the Indemnified Parties, is limited to the fullest extent possible, at the Publisher’s option, to:

(a) In the case of goods – replacement of the goods or the supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or acquiring equivalent goods, or payment of the costs of having the goods repaired; and

(b) In the case of services – the supply of the services again or payment of the cost of having the services supplied again.

  • The Customer agrees to indemnify and hold harmless the Indemnified Parties from and against any Loss (including legal costs and expenses on a solicitor own client basis) or liability incurred or suffered by any of the Indemnified Parties in relation to any claim, suit, demand, action or proceeding by any person against any of the Indemnified Parties arising from the Advertising Services and any Advertisements, any claims by third parties regarding Prohibited Content or an infringement of third party Intellectual Property Rights or any breach by the Customer of this document, , including but not limited to the representations and warranties made by the Customer, as set out in this document.
  • Notwithstanding anything else, the Publisher will not be liable for any delay in or failure to comply with this document if such delay or failure is caused by circumstances beyond the Publisher’s reasonable control, including without limitation, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes, internet down time, any pandemic, any government regulations, any government directions, or any act of war or terrorism.

6. Disclosure and Confidentiality

  • The Customer consents to the Publisher using and disclosing any information as defined under the Privacy Act 1988 (Cth), provided or submitted by the Customer for the purpose of providing the Services, including but not limited to, disclosures to third parties as required to provide the Services and to credit reporting and debt collection agencies to recover amounts owing in respect of the Services. The use of the Customer’s information is at all times subject to the terms of the Publisher’s Privacy Policy.
  • Unless required by law, the Customer and the Publisher will not disclose and will treat as confidential, information generated for the performance of the Advertising Services, including volumes and pricing.

7. Accounts and Payment for Advertising Services

  • You must pay for all Advertising Services in advance by credit card or other methods approved by us by the due date specified by us on the applicable Tax Invoice, unless otherwise agreed by us in writing.
  • The Customer agrees to pay the rates specified for each Advertisement, current at the time of booking of the Advertisement.
  • The Publisher reserves the right to pass on any fee or charge (including bank charges and credit card surcharges) imposed on the transaction to process your payment for the Advertisement, provided such amount is advised to you at the time of the payment being processed.
  • The Publisher reserves the right, acting reasonably, not to pay a refund while the outcome of Customer initiated investigation regarding the publication or otherwise of an Advertisement is pending. The Publisher will endeavour to resolve any such investigation within twenty-one (21) days.
  • Where a Customer has opened a credit account with us for Advertising Services, a Tax Invoice for publication of Advertisements will be provided to the Customer. The Customer agrees to pay the invoice in accordance with the terms of the Tax Invoice. Credit timeframes are strictly in accordance with the terms contained in the invoice, which will not be for a period longer than fourteen (14) days. We reserve the right to refuse any credit account or stop the provision of any future credit with us for any reason at our sole discretion. Application forms for a credit account with us are available by contacting us.
  • Where a Customer does have not have a credit account with us, a Tax Invoice for publication of Advertisements will be provided.
  • The Publisher reserves the right to charge all or part of cancellations of confirmed bookings for Advertising Services when cancellation is made more than 5 business days after the date shown on the signed booking form or after the Tax Invoice in respect of the Advertising Services has been paid.
  • If a series of Advertisements is booked at a discounted package rate and cancelled prior to the completion of all Advertisements running, the Publisher reserves the right to recalculate the rate and charge accordingly for the Advertisements that have run.
  • If any payments for your Tax Invoices for your Advertisement/s are not paid in full by the due date or payment fails for any reason, we reserve the rights, without prior notice to the Customer, to suspend further Advertising Services, to not publish your Advertisement and to immediately remove your Advertisement from our Publication until all outstanding accounts are paid. Any action under this clause does not absolve your liability to pay the Tax Invoice in full or affect our ability to recover from you the full amount of the Tax Invoice. All costs incurred as a result of action taken to recover any outstanding monies will be borne by the Customer.

8. Guarantee and Indemnity

  • If the Customer is a trustee of a trust or a corporation, then this clause 8 will apply.
  • If the Customer is a trustee of a trust, the Customer must arrange for the trustees and beneficiaries of the trust to sign a deed of guarantee in favour of the Publisher on terms acceptable to the Publisher in their sole and absolute discretion.
  • If the Customer is a corporation or a corporate trust, in addition to any other requirements in clause 8 (ii) above, the Customer must arrange for all of the company officers and shareholders to sign a deed of guarantee in favour of the Publisher on terms acceptable to the Publisher in their sole and absolute discretion.

Deed of Guarantee

1. Definitions

The following definitions apply to this Deed of Guarantee:

  • “Advertisement/s” means any notice or announcement promoting a product, service, or event or publicising an invitation to treat, whether this be in written form, visual form, video, audio or a combination thereof submitted by you for publication or other distribution as an advertisement;
  • “Advertising Service/s” means the publication by the Publisher of any Advertisement or Content as requested by the Customer or a person authorised by the Customer;
  • “Content” means advertising content, description, photograph, other image, text graphics, video and/or audio;
  • “Customer” means ___________________________________________
  • “Guaranteed Agreement” means the agreement between the Customer and the Publisher in relation to Advertising Services dated __________________________
  • “Loss” means all costs, loss, damages, expenses and liability, including without limitation any losses associated with downtime costs, damage to reputation, damage to software or hardware, corruption of data, and loss of bargain, capital, customers, data, goodwill, profit, revenue, reputation, use of data, anticipated savings or benefits suffered or incurred by or awarded against the Publisher under or in any way connected with the Customer’s breach or non-observance of the Guaranteed Agreement;
  • “Publisher” means The Publishing Media Company Pty Ltd A.C.N 604 740 981 as trustee for The Media Trust, being the owners of the Website and the Publication;

2. Guarantee

  • This Deed of Guarantee is in relation to the Guaranteed Agreement. The Guarantor warrants to the Publisher that they have read and understood the entirety of the Guaranteed Agreement.
  • The Publisher has agreed to enter into the Guaranteed Agreement at the request of the Guarantor (which request is testified by the Guarantor’s execution of this Deed).
  • In consideration of the Publisher entering into the Guaranteed Agreement, the Guarantor guarantees to the Publisher the due and punctual performance and observance by the Customer of all terms covenants and conditions contained or implied in this Guaranteed Agreement and on the part of the Customer to be performed and observed AND if there is any default non-observance non-performance or failure on the part of the Customer pursuant to any term covenant or condition or in respect of any breach or non-observance of any of the terms covenants and conditions of the Guaranteed Agreement and notwithstanding the Guaranteed Agreement may be determined or liable to determination at the instance of the Publisher, the Guarantor will be responsible to the Publisher in the same manner as if it was the Customer AND the Guarantor indemnifies the Publisher against any Loss or damage incurred or suffered by the Publisher as a consequence direct or indirect of any default non-observance non-performance breach or failure on the part of the Customer AND IT IS FURTHER AGREED AND DECLARED that:
    • the liability of the Guarantor under this guarantee and indemnity will not be affected by the granting of time or any other indulgence to the Customer or by the compounding compromise release abandonment waiver, assignment, variation or renewal of any of the rights of the Publisher against the Customer or by any variation of the Guaranteed Agreement or by any neglect or omission to enforce those rights or by any other thing which under the law relating to sureties would or might but for this provision release the Guarantor in whole or in part from its obligations under this guarantee;
    • any account settled or stated between the Customer and the Publisher will be received as conclusive evidence against the Guarantor of the balance of the amount then appearing due from the Customer to the Publisher and will not be questioned by the Guarantor.