TERMS & CONDITIONS OF USE
(Standard trading terms & conditions for customers)
Myall Coast Communications Pty Ltd, trading as News Of The Area (“we”) and the customer (“you”) wish to enter into an agreement regarding advertising in our publication.
1 The Agreement comprises:
1.1 these Terms and Conditions as set out below;
1.2 the terms outlined in any Booking Order or Special Package Agreement or email booking correspondence;
1.3 the Credit Policy
In this agreement, the following words have these meanings, unless the context otherwise requires:
2.1 Advertising Copy means all material supplied by you for publication in the Myall Coast News or on our web-site, in the form and manner approved by us;
2.2 Approved Agency means any customer who provides advertising agency services to its customers and which is recognized by us as an approved agency;
2.3 Cancellation Fee means the estimated charges and costs we would have reasonably expected to have received for provision of the Services but for your late cancellation. The cancelation free includes but not limited to, charges for producing any advertisement and/or our loss of ability for us to re-sell the advertising space.
2.4 Confidential Information means:
2.4.1 this agreement; and
2.4.2 all information of a confidential nature disclosed or communicated by the disclosing party to the recipient including any financial and pricing data; business plans; policies; suppliers; inventions; product information and information about a party’s marketing and/or promotional activities
2.4.3 but excludes any information which the recipient can establish: (i) is or becomes generally available in the public domain otherwise than through a breach of this agreement or any obligation of confidence owed to the disclosing party; (ii) is or becomes known to the recipient from a source other than the disclosing party otherwise than through a breach of an obligation of confidentiality owed to the disclosing party; (iii) is or has been independently developed or acquired by the recipient; or (iv) is approved in writing by the disclosing party for disclosure by the recipient;
2.5 Creative Services means any design, production and promotional services we may provide;
2.6 Fees means our fees and chargers for the provision of Services as specified in the Booking Order;
2.7 Indirect Losses includes losses of profits, revenue, opportunity, anticipated savings or data or any indirect or consequential loss or damage;
2.8 Booking Order means either/or; a booking order confirmation form which specifies details of the Services we agree to provide to you; email correspondences pertaining to the fact that you wish to utilise our Services; verbal confirmation outlining you wish to use our Services; completion of our Display Advertising Booking Form
2.9 Publication date means the Thursday of any given week of publication;
2.10 Rate Card means our current standard rates and charges for the provision of Services as notified to you from time to time; and/or as available from us directly.
2.11 Services means the services to be supplied by us to you described in any Booking Order;
2.12 We, our or us means Myall Coast Communications Pty Ltd, trading as “Myall Coast News”.
2.13 You or your means the person identified as the “Customer” in the Booking Order;
2.14 Value Credit means a credit we may issue to you.
2.15 Special Package Agreement Period means you have agreed to a discounted advertising rate or price for an agreed length of time or frequency.
3.1 Provision of Services: We will provide to you with, and you agree to use the Services in our publications in accordance with the agreement.
3.2 Orders for Services: You may request Services from us by completing a Booking Order. We will not be obliged to supply you the particular Services unless a Booking Order is deemed satisfactory from you.
3.3 Cancellation of Services: You may cancel an Order for any Services at any time without charge provided that you are notifying us before the Publication Booking Deadline and you are not within any Package Agreement Period.
3.3.1 In the event you cancel an Order for Services anytime after the Publication Booking Deadline, and are not within a Package Agreement Period, we may in our absolute discretion charge you for the full space booked, or issue you with a Value Credit, or charge you a Cancellation Fee of 20% of the advertisement value.
3.3.2 In the event you cancel an Order for Services within an agreed Package Agreement Period we may in our absolute discretion, invoice you for the value of the adverts that were published at a higher rate proportionate to the number of adverts that ran, or charge you a Cancellation Fee of 20% of the remaining Package value.
3.3.3 All Value Credits must be used within sixty (60) days of the issue date unless otherwise agreed.
3.3.4 You further acknowledge that use by you of any Value Credit is subject to the availability of replacement services.
3.3.5 If you cancel an Order for Creative Services, regardless of the notice period we may charge you for any production costs and charges incurred as of the date of the cancellation.
3.3.6 We may cancel an Order or part of an Order at any time without giving you any reasons for the cancellation. If we exercise this right we will at our option: (i) refund to you any Fees already paid to us; (ii) issue a Value Credit; or (iii) reschedule the Publication Date to another date within sixty (60) days of the cancellation date; and you agree that this is our sole liability to you in relation to that particular Order or part Order.
4 Advertising Copy
4.1 Form of Advertising Copy: You will ensure all Advertising Copy complies with our advertising specifications, which are available on request.
4.2 Editorial Style Advertisements: You will ensure that Advertising Copy is clearly identifiable to users as advertising material and does not contain any material which could be confused by readers with our editorial content.
Advertisements that may be considered or confused as being editorial content must carry the word “ADVERTISEMENT” at the top of the advertisement. You acknowledge that we may label any Advertising Copy as an advertisement if we feel necessary when we publish it.
4.3 Promotion of Competitions: You will ensure that any Advertising Copy which references any competition clearly identifies the promoter of the competition and that you have obtained all applicable permits and approvals for the conduct of the competition prior to the Publication Date.
4.4 Website Links: Any reference in any Advertising Copy directing readers to a website will be checked by us and may be removed from the Advertising Copy in our discretion in the event it does not meet with our approval for whatever reason.
4.5 Delivery of Advertising Copy: You will supply us with Advertising Copy for our approval prior to the Advertising Copy Deadline. We may in our discretion accept late Advertising Copy for publication. If we do not receive your Advertising Copy on time we may treat this as a cancellation of the applicable Order or part thereof and we may charge you a Cancellation Fee without any further seeking of advertising copy, advice or justification.
5 Creative Services
5.1 Instructions and Materials: You will supply us with any design instructions, logos, art work or materials which we will need to carry out Creative Services for you in the manner and format we specify at the time of completion of the Booking Order.
5.2 Approval of Custom Content: We will use reasonable endeavours to supply proofs of all Custom Materials for your approval reasonably in advance of the Publication Date with consideration given to printing deadline. You must promptly check proofs upon receipt and notify us of your approval or of any errors or amendments within 8 hours or the specified deadline (whichever is the earliest). We may charge you additional fees for any amendments over and above one set of copy changes and/or alterations. If no approval or correspondence is received we may assume the proof as supplies is correct and right to publish.
If we do not receive your approval for proofs of the Custom Materials supplied, within the above stated timeframe we may in our discretion treat this as a cancellation of the applicable Order or part thereof and we may charge you a Cancellation Fee.
6 Classified and Notices Advertising
We will publish Classified Advertising under the classification heading it determines is most appropriate. These headings are for the convenience of readers. Order of placement is solely at our discretion.
7.1 Your Warranties: You warrant to us that:
7.1.1 you have all applicable licenses and consents necessary to enter into and perform your obligations under the agreement;
7.1.2 you are fully authorised to act on behalf of any advertiser or client on whose behalf you are requesting Services;
7.1.3 you have complied and will continue to comply with all applicable laws and regulations in performing your obligations under the agreement;
7.1.4 you will not breach any agreement, arrangement or understanding with a third party as a result of entering into or performing any part of the agreement;
7.1.5 all Advertising Copy complies with all applicable laws and regulations and industry guidelines;
7.1.6 Advertising Copy will not infringe the intellectual property rights of any person;
7.1.7 Advertising Copy will not include or contain a link to any content that is, illegal, obscene, violent, defamatory or pornographic;
7.1.8 you will not use or redistribute to any third party without our permission any information or reports we may supply to you other than for the purpose of evaluating the performance of our Services.
7.2 Our warranties: We warrant to you that:
7.2.1 we have the right to supply the Services to you;
7.2.2 we will use reasonable care and skill in supplying the Services; and
7.2.3 we will comply with all applicable laws and regulations in supplying the Services.
8 Intellectual Property
8.1 Unless otherwise agreed in the Booking Order we or our licensors own the intellectual property in the Custom Material, design, our trade marks and any other material developed or provided by us under the agreement.
8.2 You and your licensors own the intellectual property in any Advertising Copy supplied, your trade marks and any other material you provide to us under the agreement.
8.3 Except as authorised by the agreement, the parties agree not to reproduce the other party’s intellectual property.
Upon invoice you agree to make payment within our terms of trade and by the due date as outlined on the invoice.
9.1 Rates and Fees: You will pay all Rate and Fees. If no Fees are specified in the Booking Order the charges for our Services will be as set out in our current Published Rate Card at the time of our acceptance of the Order.
9.2 Changes to Rates: We may change our Published Rate Card from time to time without notice.
9.3 Late payment: We may charge a late payment fee for any overdue invoice of the amount of two percent (2%) above overdue amount for the next due date period.
9.4 Failure to pay and other breach:
If Customer breaches our terms, fails to pay for Advertising or suffers an Insolvency Event (defined in clause 9.4.8), we may (at our discretion and without limitation):
9.4.1 cancel any provision of credit to Customer;
9.4.2 require cash pre-payment for further Advertising;
9.4.3 charge interest on all overdue amounts at the rate 2% above the NAB Overdraft Base Rate;
9.4.4 take proceedings against the Customer for any outstanding amounts;
9.4.5 recover costs including mercantile agency, third party recovery and legal costs on a full indemnity basis;
9.4.6 cease publication of further Advertising or terminate an agreement for Advertising not published;
9.4.7 exercise any other rights at law.
9.4.8 A Customer suffers an “Insolvency Event” if: (i) Customer is a natural person and commits an act of bankruptcy; or (ii) Customer is a body corporate and cannot pay its debts as and when they fall due or enters an arrangement with its creditors other than in the ordinary course of business or passes a resolution for administration, winding up or liquidation (other than for the purposes of reorganisation or reconstruction); or has a receiver, manager, liquidator or administrator appointed to any of its property or assets or has a petition presented for its winding up.
9.5 GST and taxes: You will pay all taxes, duties and other government charges payable or assessed in connection with the agreement. Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) by us are stated inclusive of GST. Where GST applies to any supply made to you, we will deduct the applicable GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (“Act”). Tax Invoice means tax invoice as defined by the Act.
10 Approved Agencies
10.1 Commission Payments: Where you are an Approved Agency you will be entitled to receive a commission equal to ten percent (10%) of the total amount of your monthly invoiced Fees if agreed in writing prior to booking being placed. Any commission payable to you will be deducted from your monthly invoice. We will add GST to the commission.
10.2 Conditional upon:
10.2.1 you must fully disclose to your clients the amount of commission you receive from us;
10.2.2 you must fully comply with this agreement; and
10.2.3 payment in full of invoices within thirty (30) days.
11 Confidential Information
Each party must take all action reasonably necessary to maintain the confidentiality of the other party’s Confidential Information;
not disclose the other party’s Confidential Information to any person or entity without written permission from the other.
12 Indemnity and liability
You use us solely at your own risk. You indemnify us against all loss or liability we may suffer or incur arising out of any claim made against us.
12.1 Limitation of Liability:
12.1.1 neither party is liable for any Indirect Loss incurred by them or by any other person arising out of or in connection with the agreement; and
12.1.2 our liability to you for any claims made under the agreement (whether such liability arises in contract, tort (including negligence) or otherwise) is, to the fullest extent permitted by law, limited at our option to resupplying the Services or paying the cost of having the Services resupplied.
12.2 No responsibility for Advertising Copy:
12.2.1 We are not liable for any aspect of the Advertising Copy including any products or services referred to in the Advertising Copy.
12.2.2 You are solely responsible for the content of all Advertising Copy and associated products and services, including any ancillary competitions and promotions.
12.3 Errors: It is your responsibility to notify us of any error published, immediately after publication. We are not responsible for recurring errors.
12.4 Complaints and disputes: If you wish to make a claim for a Value Credit, republication or any other remedy in respect of our Services you must send the claim in writing to us within fourteen (14) days after the Publication Date.
We use a third party supplier and/or contractors for the bulk distribution of our publication and do not make any representation or warranty about the performance of this service. Any representations by us about distribution numbers, bulk locations or coverage are estimates only. We do not provide refunds of advertising costs in the event of fluctuations in distribution numbers or areas/coverage as these can vary from week to week.
Copyright of this publication is held by the Publisher. Reproduction of any portion including but not limited to, advertisements or photographs or content, without written permission is not permitted and may constitute an offence.