1. TERMS AND CONDITIONS
1.2 Our agreement consists of this form, together with any other document changes between us, such as proofs and booking confirmations from you.
1.2 No verbal exchanges between us will form part of our agreement, unless confirmed in writing, for example, by email.
1.3 The prices we have agreed upon are valid until 31st December 2021. Any bookings for advertisements to appear in publications after that day may incur an increase in fees. Please email us to confirm our rates.
2. ADVERTISING SERVICES
2.1 In this agreement “Services” means the services of publishing your advertisement and/or article and may include the provision of design or artwork as requested in the section above.
2.2 We will use our best endeavours to position your advertisement in the position as requested by you. However, you agree we may change the position of your advertisement or other copy where we consider it desirable for any editorial, layout or legal requirements of any of our publications. If this needs to be done, we will use our best efforts to place your advertisement in a suitable alternative position and, subject to time constraints, to notify you of our decision prior to publication.
3. CONTENT OF ADVERTISEMENTS
3.1 You agree and warrant in relation to any material provided to us for use in any advertisement that: (a) you are the owner of any copyright or other intellectual property right in the material and/or you have all necessary licences to use any third party copyright or other intellectual property included or reproduced or adapted in your material (including, without limitation, any moral right or performer’s right, trademark, trade indicia or slogan);
a. The material does not infringe any state or federal statue or regulation
or compulsory or voluntary industry code of conduct, including, without limitation, the Trade Practices Act, 1974, the Privacy Act, 1988, any Act or regulation dealing with defamation, indecency, censorship, advertising standards or self regulation;
b. The material shall not include any defamatory, libellous, indecent, pornographic, offensive, threatening, false or disparaging content;
c. The material shall not promote or encourage piracy, counterfeiting, plagiarism, unfair competition or idea misappropriation.
3.2 You herby indemnify Sarah Watkins and Rebirth Vade Mecum and agree to keep it indemnified against anyloss or damage (including legal costs on a client/own solicitor basis) for any breach by your or your servants or agents of Clause 3.1 of this agreement
3.3 Sarah Watkins and Rebirth Vade Mecum in its absolute discretion, refuse to publish any advertisement or other copy or to refuse to repeat any advertisement or other copy if any material contained in the advertisement may amount to a contravention of Clause 3.1 of this agreement, is inconsistent with Sarah Watkins and Rebirth Vade Mecum editorial or advertising policy or for any other reason whether previously advised to your or not.
4. ARTWORK / DESIGN
4.1 You must provide your artwork at least four week prior to the publication date of the edition is to be placed in the format and to the quality specified by in the end of this document. Failure to do so may result in the advertisement not being published in your desired edition or not being published in the position requested or may affect the quality of the advertisement.
4.2. You agree that you are solely responsible for the quality and accuracy of any artwork provided by you.
4.3 Where we provide artwork any/or design services you agree that you are solely responsible for checking and approving the accuracy and/or quality of the artwork produced and agree that confirming by email that you are happy with the artwork as provided, is conclusive evidence that you have approved any such artwork for publication. If you fail to approve any such artwork within 4 weeks prior to publication you agree that you are deemed to have approved such artwork and we are not be liable for any errors it may contain.
5. CHARGES AND PAYMENT
5.1. You agree to make full payment of all charges in relation to any advertisement at least 4 weeks prior to the date of publication of the relevant edition. You agree that any payment later than 4 weeks prior to the proposed publication date may result in us bumping your advertisement to the next publication date, at our discretion.
5.2. You agree that any invoices raised by us in relation to this contract will become due and payable no later than 7 days after invoice is sent for the relevant publication date. You agree to pay any legal cost we may incur in recovering payment of our account on a full indemnity basis, whether or not the advertisement has been run. You agree that our failure to run the advertisement due to non-payment will not release you from your obligation to render full payment for the advertisement booked in this agreement. You agree and acknowledge that this payment is fair and reasonable in the absence of the advertisement being run, as it takes into account the administrative and editorial cost and time taken to configure that magazine initially including your advertisement, and then to reconfigure the magazine without your advertisement. In addition, our editors work hard to ensure an appropriate balance of advertising within the magazine. By accepting to place your advertisement in
5.3 If you dispute any amount in an invoice, you must notify us in writing within fourteen days of the date of the invoice, setting out reasons for the dispute and the amount in dispute. Not with standing any dispute as to any amount of any charge, you must pay the undisputed amount of each account by the Due Date.
5.4 If you do not pay the account by the Due Date, whether any amount in that account is disputed or not, then we may charge an administration fee of $50 per month or pat thereof on the outstanding amount of the invoice and suspend all or part of your Services pending payment of outstanding amounts on the account. Nothing in this clause affects our rights to terminate this agreement.
5.5 Dishonoured cheques will automatically charged back to the customers account. A charge of $50 ischarged for dishonoured cheques.
5.6 Reversed credit card payment/s will be challenged at your bank or the banking industry body, to recover such charges. A charge of $250 is charged for each credit card payment which is reversed.
5.7 You acknowledge and agree that the fees we raise in the situations covered by clauses 5.4, 5.5 and 5.6 are fair and reasonable in the circumstances, given the additional administration time that will need to be expended on our end, as well as our inconvenience in such circumstances.
6. AMENDMENTS TO TERMS AND CONDITIONS
6.1 We may vary, alter, replace or revoke any of these terms and conditions effective upon the expiry of 14 days written notice from us. We may interpret your ongoing use of the Services afterthat date as constitution your acceptance of any such variation, alteration, replacement or revocation of these terms and conditions.
6.2 If you have any concerns or disagree with any amended terms, you need to let us know as soon aspossible so that w may negotiate those changes with you prior to the expiry of the 14 days.
7. USE OF INFORMATION AND THE PRIVACY ACT 1988
7.1 You agree to provide us with any information we request in connection with our providing Services to you under this agreement and hereby authorise us to use information provided by you set out below, subject to the provisions of the Privacy Act, 1988 and any other applicable act or mandatory code of practice.
7.2 We may collect personal information about your from time to time in a lawful, transparent manner and by fair means;
(a) To the extent that is necessary to provide a product or service, to carry out our internal administrativeoperations or to meet relevant regulatory requirements; or
(b) For the purpose of enhancing our ability to provide improved products or
services or to improve service delivery to you and other persons in the future.
8. LIMITATION OF LIABILITY
8.1 To the full extent allowed by law, we exclude all statutory liability, tortious liability (including but not limited to liability in negligence), conditions and warranties (implied or express), liability for all direct, economic, consequential or indirect losses, expenses, damages and costs incurred by you, arising out of or relating to the Services, any failure to supply change to or delay in supplying the Services or out of relating t this agreement, including, but not limited to , liability for gross negligence.
8.2 To the full extent allowed by law, we are not responsible or liable for any indirect consequential or economic damages, including, without limitation, loss of income or profit or loss of actual potential business opportunities.
8.3 Our liability to you for any breach of any express or implied provision of this
agreement is limited, at our option, to refunding the price of the Services in respect of which the reach occurred, or to providing the Services again.
8.4 We are not liable to you for any delay in or any failure to provide the Services which is caused by an eventbeyond our reasonable control.
9. TERMINATION OF THIS AGREEMENT
9.1 This agreement may be immediately terminated by written notice at any time if, without prior written consent: either party breaches any term or condition of this agreement; a receiver or receiver manager is appointed over any of either parties property or assets; a liquidator or provisional liquidator is appointment to either party; either party becomes bankrupt; either party enters into any arrangements with either party’s creditors.
10. ASSIGNMENT
10.1 Your rights under this agreement are personal. You must not assign or attempt to assign any right orobligation under this agreement without our written consent, which consent will not be unreasonably withheld.
10.2 We may assign all or any our rights and obligations under this agreement at any time by notifying you in writing
11. MISCELLANEOUS
11.1 If you have a complaint or dispute with us, you must notify us of your complaint or dispute and we will deal with it in accordance with our internal complaint handling guidelines.
11.2 Clauses 3, 5, 7 and 8 shall survive the expiration or termination of this agreement.
11.3. This agreement shall be governed by and construed in accordance with the law of Queensland, Australia and the parties herby submit to the non-exclusive jurisdiction of the courts of that State.
11.4 If any part of this agreement is found to be invalid or if no force or effect, this agreement shall beconstrued as though such part had not been inserted and the remainder of this agreement shall retain its full force and effect.
11.5 If you are a signatory for a corporation, you agree and undertake to personally guarantee compliance with the terms of this Agreement, including, without limitation, payment for the provisions of the Services.