Advertising Terms and Conditions These terms and conditions shall apply to and form part of each order for advertising space and/or related products and services placed with Aussie Park Careers 1. Definitions In these Terms and Conditions, unless the context otherwise requires: • “Advertisement” means the material agreed between the Publisher and the Advertiser to be placed in the Publication in respect of which the Fee is to be paid and may include, without limitation, loose or bound inserts, tip-ons, display advertisements, column advertisements and Advertorials whether in electronic or hard-copy form. • “Advertising Agreement” means the document entitled Advertising Agreement signed by or on behalf of the Advertiser and accepted by the Publisher referring to these Terms and where details including those relating to the Advertisement to be inserted by or on behalf of the Advertiser in the Publication are to be set out. • “Agreement” means the form entitled “Advertising Agreement”, incorporating these Terms by reference, as executed by the Advertiser. • “Advertorial” means editorial content that falls within the definition of Advertisement. • “GST” has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). • “Fee” means the amount entered as the “Total (inc GST)” on the Advertising Agreement. • “the Publisher” means Aussie Park Careers and/or any or all of its publications, related entities and subsidiaries. • “Publication” means the publication or publications specified as “Publication” on the Advertising Agreement whether published in hard-copy, in electronic or transmissible form, on the internet and/or in any other form. • “Publication Date” means the date on which the Publication is delivered to a point of sale, letterbox or Australia Post mail centre. • “Rate Card” means the document prepared by the Publisher for Advertisers setting out the standard rates and charges that apply for booking space for Advertisements in relation to a Publication. • “Terms” means the terms and conditions set out herein. 1.2 In these Terms, the singular includes the plural and vice versa. A reference to “$” or dollars means Australian dollars and a reference to payment means payment in Australian dollars unless otherwise stated in the Advertising Agreement. 2. Availability, Acceptance and Variation • The Publisher will use its best endeavors to ensure that these Terms and Conditions are posted at www.aussieparkcareers.com.au or such other website as the Publisher may notify the Advertiser of from time to time. • The Advertiser will be deemed to have accepted these terms and conditions by providing an Advertising Agreement to the Publisher or to one of the Publisher's representatives. Receipt of copy by whatever means shall also constitute an order for publication of the advertisement and acceptance of these conditions. • No person may vary these terms and conditions without the approval in writing of the Managing Director, and the order shall be construed strictly without taking into account any unauthorised variation. 3. Payment The Advertiser shall pay the Publisher the total invoice amount for all advertising, which shall comprise: a) The amount shown in the Advertising Agreement to the order for advertising space used (as varied in accordance with these terms and conditions); • All Government taxes and/or charges (including GST). Payment in full of the total invoice amount shall be made at the head office of the Publisher and: • Where the Advertiser is an advertising agent, within forty-five (30) days from the invoice date; or • In all other cases, within thirty (14) days from the invoice date. • All amounts owing to Aussie Park Careers (ABN 17 715 543 236) by Advertisers must be paid within 14 days of the date of invoice notwithstanding any errors or omissions in any advertisement placed on the Site. Aussie Park Careers may charge Advertisers interest on late payment at the rate of 12.5% per annum and reserves the right to recoup any collection costs incurred from the Advertiser. Aussie Park Careers also reserves the right to disable your account with Aussie Park Careers without notice and refuse to supply further services to your organisation if your invoice is not paid within our required trading terms. • The Advertiser agrees to pay the Publisher for any additional expenses incurred in collecting outstanding debts. • As a condition of using any services supplied by Aussie Park Careers, Advertisers must comply with the Human Rights and Equal Opportunity Commission Act 1986 (C'th) and all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which they conduct business. Where an exemption to comply with the legislation has been granted, the exemption number must be included in the advertisement submitted to Aussie Park Careers . • A $50 service fee will be charged to the Advertiser's account every time a cheque is dishonoured. • Credit facilities may be withdrawn on overdue accounts at the company's discretion without notice. • Where the Advertiser is an accredited advertising agent and provided that payment is made in accordance with clause 3(d), the Publisher shall pay to the Advertiser on payment of the total invoice amount a commission calculated at the rate of 10% of the total invoice amount. • In the event of any contra arrangements, if the Advertiser fails to provide all or part of the services offered by it in return for the Publisher's placement of the advertisements in the publication as agreed, the advertiser shall be liable to pay for all the advertisements at the Publisher's usual standard rate plus any damages incurred. 4. Cancellations The Publisher will not accept a cancellation of the order whether in whole or in part after the booking deadline date or dates shown in the Schedule or Advertising Agreement. Where, in respect of any series advertising, copy for any issue is not received by the Publisher by the appropriate deadline date, then the Publisher shall be entitled to insert in that issue in its place copy previously used for the purposes of the order and to apply the rate applicable to that advertising. 5. Publisher's Discretion The publication of any advertisement is subject to the Publisher's approval and the Advertiser acknowledges that the Publisher in its absolute discretion shall be entitled to do any or all of the following: • Decline or cancel any advertisement or series of advertisements to which the order relates without stating any reason; • postpone the publication of any advertisement at any time or times and from time to time; • • cut or alter any prints or art work or other materials supplied by the Advertiser in order to conform to mechanical requirements, without being responsible for any loss; • place the word “advertisement” or “advertorial” on any copy which in the Publisher's opinion too closely resembles editorial matter. 6. Editorial Control The Advertiser acknowledges that the Publisher retains full editorial control of its publications and: • the Advertiser agrees that the provision of editorial does not form a part of this agreement and where any editorial may be provided it will be at the absolute discretion of the Publisher; • The total invoice amount is for the publishing of the advertisement only or as otherwise agreed in accordance with this agreement. • The Publisher may at any time in its absolute discretion alter the name, size and/or layout of a publication in which an Advertiser has placed an Advertisement without notice or incurring any liability whatsoever to the Advertiser. Should any change be made by the Publisher this will not constitute grounds for cancellation of the Agreement by the Advertiser nor will it give rise to the Publisher being liable for any loss or damage or any claim whatsoever as a consequence of such change. 7. Loss or Damage The Publisher shall not be liable for any loss or damage: • to any person arising from the failure for whatever reason of any particular advertisement to appear on any specified date or at all; • For any loss or damage whatsoever to any positives, art work or other materials the property of the Advertiser which may be deposited with the Publisher 8. Efficacy of Advertising The Publisher makes no representation or warranty, express or implied, as to the efficacy or suitability of any Advertisement placed in a Publication by or on behalf of the Advertiser, nor to the effectiveness, or outcome of, or response to such Advertisement, and the Advertiser's liability to pay the Fee to the Publisher in full and without deduction shall not be dependent in any way upon such efficacy, outcome of or response to the Advertisement. 9. Advertising Rates The rates stated in the Schedule shall apply to all advertisements published pursuant to the order provided that: • the Publisher shall be entitled to alter those rates or any of them at any time and from time to time; • If the Advertiser for any reason shall alter the space in a term order the Publisher shall at its sole discretion be entitled to increase or decrease the applicable rates on the actual space used by the Advertiser; • If the Publisher shall increase the rates of any of them pursuant to Clause 9 then, provided that the Advertiser first pays to the Publisher the total amount due for all past insertions, the Advertiser shall be entitled to cancel the order in respect of all future insertions. 10. Advertising Positioning Requested positions within the Magazine are subject to the Publisher's approval. The Publisher provides no guarantee of any requested position except where a relevant loading is included in the Agreement. Should the requested position be unavailable, the Advertiser is still liable for the base rate applicable to the advertisement. Where special arrangements have been made for the positioning of Advertisement(s) and the appropriate loading has been included in the Advertising Agreement, the Publisher will endeavour to arrange the positioning of the Advertisement requested by the Advertiser provided however that where the material for the Advertisement is provided to the Publisher after the material deadline as stated in the Advertising Agreement has passed, the Publisher may include the Advertisement in the Publication in a position at the sole and absolute discretion of the Publisher and the Advertiser will still be liable for the full amount set out in the Advertising Agreement including any applicable loading. 11. Trade Practices Act Without limiting the generality of Clause 7, the Publisher shall not be required to accept any advertising material, the publication of which may, in its opinion, contravene any provision of the Trade Practices Act, 1974. 12. Authority to Act The Advertiser warrants that he places the order as principal and that he shall be personally liable to observe these terms and conditions. 13. Indemnities The Advertiser hereby indemnifies and agrees to hold indemnified the Publisher, its servants and agents and each of them against all liability, claims or proceedings whatsoever which may arise from the publication of any material pursuant to the order, and in particular but without limiting the generality of the foregoing, to indemnify and hold indemnified each and all of them against any action for defamation, slander of title, breach of copyright or infringement of any trade mark, name or description, invasion of privacy or breach of any provision of the Trade Practices Act, 1974. 14. Suspension of Agreements Contracts may be suspended by the Publisher in the event of any strike, lockout, trade dispute, fire, tempest, breakdown, riot, theft, crime, civic disturbances, war, force majeure, legislation, the inability of the Publisher to procure necessary materials or articles due to any of the foregoing causes, or any other occurrence preventing or retarding performance of the contract and the Publisher will not be responsible or liable for any delay, default, loss or damage due to any of the above causes or due to any other cause beyond its control. 15. Copyright and Ownership Ownership of Drawings, Negatives, Positives, Software, Data Files, Graphics, Files: • The Publisher has a right of lien over any supplied materials and/or product whatsoever, and after giving fourteen (14) days notice may in its absolute discretion use or apply or dispose of the supplied materials and/or product so to reduce any debt due to the Publisher or apply the property to compensate for damage. • Unless the Publisher and the Advertiser agree otherwise, the copyright in all works of art created by the Publisher is the property of the Publisher. Further, the Advertiser warrants that the Advertiser has copyright in all works of art supplied by the Advertiser to the Publisher for the purposes of the order and indemnifies the Publisher against all liability, losses or expenses incurred by the Publisher in relation to or in any way directly or indirectly connected with any breach of copyright or of any rights in relation to copyright. 16. Defaults If any invoice and/or cost, expense or any other claim remains unpaid by the Advertiser for a period in excess of seven (7) days (herein to be known as “default”) the Publisher has the following rights: • to create a charge over the property of the directors of the company invoiced; • to create a charge fixed and/or floating over the assets of the company invoiced; • if any individual is invoiced create a charge over the individuals property; and • if a registered business name is invoiced, create a charge over the individual and/or company trading under the business name, and/or directors of the company; for the total amount due and owing on the invoice and/or any other moneys owed to the Publisher. For the purposes of the rights conferred herein the Advertiser irrevocably appoints the Publisher to be the Attorney of the Advertiser immediately on or at any time after the Advertiser defaults, to exercise in the name of the Advertiser all rights, powers and remedies of the Publisher expressed or implied herein and to do all things required to be done by the Advertiser and to execute all documents and to do all things necessary in regard to such matters. 17. Disputes The Advertiser agrees that, if any dispute or difference whatsoever shall arise between the parties with respect to or arising out of this agreement or any part of it, the Publisher may refer the same to the arbitration of a single arbitrator, who shall be a person approved by the Australian Institute of Arbitrators; and • The Advertiser shall not be entitled to commence or maintain any proceedings in any Court with respect to such dispute or difference unless and until the arbitrator shall have published his final award; • The arbitrator shall have all the powers and discretion conferred by the Commercial Arbitration Act 1984 and by law and may in his discretion determine any additional dispute or difference that may be raised by either party by way of further claim, set off, defence or cross-claim subject to any conditions as to costs or otherwise that he may impose; 18. Jurisdiction The Advertiser hereby agrees that all or any litigation that arises from this agreement, either for civil claims, damages or breach of contract, shall be subject to the jurisdiction of the appropriate courts in the state of Queensland and shall be heard in Queensland. 19. Credit Facilities The Publisher reserves the right to use the services of a credit reporting agency should credit facilities be required by the Advertiser. 20. Privacy Act The Advertiser acknowledges that the Publisher may make enquiries in accordance with the Privacy Act 1988 as to the information provided herein in relation to the Advertiser, its directors (if a company) and related entities. 21. Entire Agreement This contract constitutes the entire agreement between the parties, and supersedes all communications, negotiations, arrangements and agreements either oral or written, between the parties with respect to the subject matter of this contract unless otherwise agreed in writing between the parties. 22. Enforceability If any clause of this agreement is determined to be unenforceable for any reason, this shall not effect the enforceability of the rest of the agreement, which shall be read as if that particular clause never formed part of this agreement.
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