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Terms And Conditions
Terms and 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 subsidiaries
that the Advertising does not breach or infringe: a. State and Commonwealth anti-discrimination legislation; b. the Trade Practices Act (Cth), Fair Trading Acts 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 GST-compliant 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 (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).
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
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.
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