Advertising Terms & Conditions

Before placing an advertisement, you must read and agree to the terms
and conditions of advertising set out in this document. These terms
and conditions (\'Terms\') apply to all advertising services provided to
any person/organisation (\'Customer\') by Media Art One (\'PUBLISHER\')
and its subsidiariess
1. Subject to these Terms, Media Art One will use its
reasonable endeavours to publish advertising submitted by a
Customer in the format submitted by the Customer and in accordance
with the requested placement instructions. 2. Media Art One may, at
its discretion and without further cost to the Customer, re-publish
Advertising in other publications and media. For example, Media
Art One may publish print advertising on the world wide web or
other Media Art One media properties. Right to Vary Format and
Placement. Media Art One reserves the right: a. to vary the placement
of Advertising within a particular print title; and b. to change the
format of print Advertising Media Art One will endeavour to notify the
Customer of any such changes. However, except in accordance with
clause 10, Media Art One will not be liable for any costs, expenses,
losses or damages suffered or incurred by a Customer arising from
Media Art One\'s failure to publish Advertising in accordance with a
Customer\'s request. Right to Refuse/Withdraw Advertising
1. Neither these Terms nor any written or verbal quotation by Media
Art One represent an offer to publish Advertising. A binding contract in
relation to a request for Terms & Conditions of Advertising. Advertising
will only be formed between Media Art One and a Customer when
Media Art One accepts Advertising in writing or generates a GSTcompliant
invoice for that advertising. 2. Media Art One reserves the
right to refuse or withdraw from publication any Advertising at any
time without giving reasons (even if the Advertising has previously
been published by Media Art One). 4. Advertising Submission. 1. By
submitting Advertising for publication, the Customer warrants to
Media Art One
that the Advertising does not breach or infringe: a. State and
Commonwealth anti-discrimination legislation; b. the Trade Practices
Act (Cth), Fair Trading Acts
(State) and equivalent legislation; c. any copyright, trade mark or
obligation of confidentiality; d. any law of defamation/obscenity; e.
any law of contempt of any court, tribunal or royal commission; and f.
any other law (including but not limited to any common law, statute,
delegated legislation, rule and ordinance of the Commonwealth or any
State or Territory).
2. If, in Media Art One\'s opinion, a Customer submits Advertising that
looks like editorial material, Media Art One may publish the Advertising
under the heading
\'Advertising, Advertising Feature or Special Promotion’.
3. Media Art One will endeavour to take reasonable care of Advertising
material in its custody and control, but will not be responsible for any
loss or damage to Advertising material (even if caused by Media Art
One\'s negligence).
5. Advertising Rates and Taxes. 1. The Customer must pay for
Advertising in accordance with the rates in
Media Art One\'s Advertising Ratecard (and, unless otherwise agreed, at
the casual or basic rate). The rates in the Ratecard: a. may be varied at
any time by Media Art One without notice; and b. are exclusive of taxes,
duties or GST (\'Taxes\'), unless the Ratecard specifies that GST or other
Taxes are included. 2. The Customer must pay an additional amount
equal to any Taxes payable by Media Art One in respect of Advertising.
Media Art One will provide Customers with a tax invoice or adjustment
note (as applicable) in a compliant form for GST purposes.
3. The Customer\'s eligibility for discounts andrebates will be based
on the Customer\'s GST-exclusive avertising spend, which will be
subsequently adjusted for applicable GST. Errors.
1. The Customer must promptly: a. check proofs of Advertising
provided to the Customer by Media Art One; and b. notify Media Art
One of any errors in the proofs or any published Advertising.
2. If a Customer wishes to make a claim on Media Art One for credit,
re-publication or any other remedy in respect of Advertising, the
Customer must send the claim in writing to Media Art One no later
than 14 days after the date of the tax invoice or date of publication of
the Advertising (whichever is earlier). Credit.
Media Art One may grant, deny or withdraw credit to a Customer at
any time in its discretion.
Payment.
1. The Customer must pay for Advertising:
a. by pre-payment, if so required by Media Art One; b. if print
Advertising on account, within 7 days after the date of the invoice; and
2. The Customer must pay: a. for print advertising in accordance with
the size of the advertising material lodged by the Customer, or the
Advertising space ordered by the Customer, whichever is greater; b.
the full price for Advertising notwithstanding: i. the fact that Media
Art One has exercised its right to vary the format or placement of the
Advertising; and ii. any error or omission in the Advertising (unless
the error or omission was the fault of Media Art One). Failure to Pay
and other Breach. The Customer agrees to cancel a booking one
week before the booking deadline. In the event that a cancellation is
received after one week before the booking deadline the customer is
liable to pay for the advertisement in full.
1. If a Customer fails to pay for Advertising in
accordance with clause 8 or if a Customer suffers an Insolvency Event

as defined in clause 9.2, Media Art One may (at its discretion and
without limitation): a. cancel any provision of credit to the Customer;
b. require cash pre-payment for further Advertising; c. charge interest
on all overdue amounts at the rate 3% above the Bank Overdraft Base
Rate; d. take proceedings against the Customer for any outstanding
amounts; e. recover from the Customer all costs relating to any action
taken by Media Art One to
recover amounts owing for Advertising, including without limitation
any mercantile agency costs and legal costs on a full indemnity basis;
f. cease publication of any further Advertising on behalf of the
Customer and terminate any
agreement in relation to Advertising not yet
published; and g. exercise any other rights at law.
2. A Customer suffers an \'Insolvency Event\' if: a. the Customer is a
natural person and the
Customer commits an act of bankruptcy;
b. the Customer is a body corporate and the
Customer: i. cannot pay its debts as and when they fall due; ii. enters
into any arrangement with its creditors other than in the ordinary
course of business; iii. passes a resolution for administration, wind
up or liquidation (other than for the purposes of re-organisation or
reconstruction);iv. a receiver, manager, liquidator or administrator
is appointed to any of its property or assets; or v. any petition is
presented for the winding up of the Customer. 3. Media Art One
reserves the right to withhold any discounts or rebates if the Customer
fails to comply with its payment obligations. 4. A written statement of
debt duly signed by an authorised employee of Media Art One shall be
prima facie evidence and proof of the amount owed by the Customer
to
Media Art One. Liability. 1. The Customer acknowledges that it has not
relied on any advice given or representation made by or on behalf of
Media Art One in connection with the Advertising.
2. Media Art One excludes all implied conditions and warranties from
these Terms, except any condition or warranty (such as conditions and
warranties implied by the Trade Practices Act and equivalent State
acts) which cannot by law be excluded (\'Non-excludable Condition\').
3. Media Art One limits its liability: a. for breach of any Non-Excludable
Condition (to the extent that liability for such breach can by law be
limited); and b. for any other error or omission in published Advertising
caused by Media Art One,
to (at Media Art One\'s option) re-supply of the Advertising services
affected by the breach, or payment of the cost of re-supply. 4. Subject
to clauses 10.2 and 10.3, Media Art One excludes all other liability to
the Customer for any costs, expenses, losses and damages suffered
or incurred by the Customer in connection with these Terms and any
Advertising published by Media Art One, whether that liability arises
in contract, tort (including by Media Art One\'s negli ence) or under
statute. Without limitation, Media Art One will in no circumstances be
liable for any indirect or consequential losses, including loss of profits,
loss of revenue and loss of business opportunity. 5. The Customer
indemnifies Media Art One and its officers, employees, contractors and
agents (the \'Indemnified\') against any costs, expenses, losses, damages
and liability suffered or incurred by the Indemnified arising from the
Customer\'s breach of these Terms and any negligent or unlawful act or
omission of the Customer in connection with the Advertising.