Advertising Terms & Conditions

1.1. These terms and conditions apply to all advertising provided to any person or entity (the ‘Customer’) by Blurb Communication Pty Ltd, trading as Glasshouse Country News (the ‘Publisher’), and include any additional terms and conditions laid down from time to time by the Publisher. ‘Advertising’ includes images submitted for publication and content or information relating to published advertisements.
1.2. In placing an order for the publication of an advertisement, the Customer accepts these terms and conditions.
1.3. If any provision of these terms and conditions is held unenforceable or illegal, this shall not affect the remaining provisions.
1.4. These terms and conditions, together with any other written agreement between the Customer and the Publisher relating to these terms and conditions, represent the entire agreement for advertising. They cannot be varied except with the agreement of the Publisher. No purchase order or other document issued by the Customer will vary these terms, unless with the agreement of the Publisher.
1.5. If at any time the Publisher does not enforce any of these terms and conditions with respect to a Customer, the Publisher shall not be construed as having waived that term or condition or its right to later enforce that or any other term or condition. 
1.6. These terms and conditions are subject to change, without notification, at the discretion of the Publisher. 
2. Warranty and Indemnity 
2.1. The Publisher accepts no responsibility or liability in relation to any loss due to the failure of an advertisement to appear according to instructions. The Publisher will not be liable for any delay or failure to publish advertising caused by a factor outside the Publisher’s reasonable control (including but not limited to any ‘act of God’, breakdown of equipment, systems or software, press failure, industrial disputes, electricity failure, communication network failure, theft or other illegal acts, governmental or legal restraints). 
2.2. The Customer warrants that: 
i. the advertisement is legal, decent, honest and truthful and that it complies with the requirements of relevant legislation, including but not limited to the Trade Practices Act 1974, the Copyright Act 1968, the Fair Trading Act 1987, the anti-discrimination, defamation, consumer protection and sale of goods legislation of the States and Territories or any other applicable law or code; and 
ii. they have secured all necessary authorities and consents in respect of the use in the advertisement of any pictorial representations or other representations of (or purporting to be of) living persons and of references to any words attributed to living persons. 
2.3. Customers, by lodging material with the Publisher for publication or authorising or approving of the publication of any material, indemnify the Publisher, its directors, employees and agents against all claims, demands, proceedings, costs, expenses, damages, awards, judgements and any other liability whatsoever wholly or partially arising directly or indirectly in connection with the publication of the material, and indemnify each of them in relation of defamation, libel, slander of title, infringement of copyright, infringement of trade marks or names of publication title, unfair competition, breach of trade practices or fair trading legislations, violation of rights of privacy or confidential information or licenses or royalty rights or other intellectual property rights. 
3. Copyright 
3.1. Copyright in all advertising and editorial material designed and produced by the Publisher, except where otherwise held, resides at all times with the Publisher, and such copyright will not be released to any other party except by permission of the Publisher. 
3.2. The Customer authorises the Publisher to record, reproduce, publish, distribute and broadcast (or to permit the same) all advertisements (including but not limited to text, artwork and photographs) and to include and make them available in any information service, electronic or otherwise. 
4. Placement of Advertisements 
4.1. Whilst the Publisher will endeavour to comply with the reasonable requests from the Customer in relation to advertising, the Publisher does not guarantee the publication of any advertisement or its publication on any particular date or in any particular position. 
4.2. The Publisher reserves the right to move to the next available date any advertisement for which material arrives too late for the ordered date of insertion, and to omit advertisements at any time or to suspend or terminate advertising for default in payment. 
4.3. The Publisher does not guarantee that the Customer’s product featured in an advertisement will be the only product of that type featured in advertisements on any one page. 
4.4. Display advertisements accepted in the Trades and Services and the Classifieds sections will be placed in chronological order determined by the date of the first booking. Positioning will be maintained as long as the advertising booking is maintained. Cancellation and subsequent rebooking will result in the advertisement being placed at the end of the relevant section, unless otherwise approved by the Publisher. 
5. Booking Deadlines 
5.1. General Display Advertising – booking and copy deadline is 12 noon Friday. 
5.2. Classified Advertising – booking and copy deadline is 12 noon Monday. 
6. Refusing or Amending Advertisements 
6.1. Every advertisement is subject to the Publisher’s approval and the Publisher may, at its discretion, refuse to accept an advertisement for publication if it believes the advertisement may infringe the rights of any person or may not comply with all laws and regulations of the States and Territories. The Publisher also reserves the right to make adjustments to advertising material in keeping with the general format of the publication. 
6.2. The word ‘advertisement’ will be included in an advertisement if, in the opinion of the Publisher, it resembles editorial matter. 
7. Errors, Cancellations & Alterations 
7.1. Advertisements cancelled after booking deadlines will be charged at 100%. 
7.2. All complaints or claims for credit, re-publication or any other remedy in respect of advertising error must be lodged within seven days of publication. 
7.3. In the event of any error, misprint or omission in the printing of an advertisement or part of an advertisement for which the Publisher takes responsibility, the Publisher will either re-insert the advertisement or relevant part thereof, or make a reasonable refund or adjustment to the cost or to the future cost of advertising. 
7.4. No re-insertion, refund or adjustment will be made where the error, misprint or omission does not materially detract from the advertisement. 
7.5. Save as set out in this section, the Publisher accepts no liability in respect of any loss or damage occasioned directly or indirectly as a result of the publication of any advertisement or any loss or damage occasioned directly or indirectly by any total or partial failure (however caused) of the publication of any advertisement. 
7.6. The Publisher may cancel the Customer’s booking at any time and shall give notice of the cancellation before the next due date of publication of the advertisement if practicable. 
7.7. All cancellations must be confirmed in writing by post, fax or email or using the appropriate form available from the Publisher. 
8. Electronically Supplied Materials 
8.1. Advertising submitted electronically must comply with the Publishers specifications. The Publisher may reject the advertising material if it is not submitted in accordance with such specifications. 
9. Advertisement Proof 
9.1. A proof is supplied for copy, content and layout checking purposes only. Two proof copy changes for each advertisement will be provided at no change, including corrections. Additional changes with proofs may be charged at $33.00 gst inclusive, per proof. Please check original proofs fully to avoid extra charges. 
9.2. The Publisher reserves the right to charge for requested design and production work if such work is deemed to be excessive. The Customer will be quoted a cost for any such work and the Customer agreement to the cost in writing is required before a proof copy is created. The cost for such design and production work will be added onto the invoice for advertising. 
9.3. The Customer must carefully check proofs of advertising and promptly notify the Publisher of any errors or changes. No responsibility will be accepted by the Publisher for errors or omissions resulting from proof copies returned after the advertising deadline. 
9.4. The Publisher assumes no responsibility and shall not be liable for the repetition of errors in a series of advertisements unless it has received reasonable notice of the error from the Customer. 
10. Design and Artwork 
10.1. The Publisher retains copyright ownership for all advertising design and artwork created in the course of producing an advertisement or advertising feature. No design or artwork created by the Publisher can be used by another party without the express permission of the Publisher. 
11. New Customers 
11.1. New advertisers must complete the New Client and Credit Account Application form when an advertising booking is first lodged. An advertising booking for a new client cannot be confirmed unless all the mandatory information fields are completed in the New Client Form and Credit Account Application form. 
12. Payment 
12.1. Bookings for advertising from Customers are accepted subject to them agreeing to the following payment terms. 
12.2. Payment for advertising (cash, cheque, EFTPOS, credit card or internet transfer) must be made at the time of booking or prior to the relevant advertising deadline, unless the Customer has the approval of the Publisher to establish an account. In the case of internet transfer, a remittance must be produced and forwarded (email or fax) to the Publisher prior to the relevant advertising deadline. 
12.3. The Customer must pay for advertising: 
i. by pre-payment, if required by the Publisher; 
ii. if advertising is on a pre-paid account, by the first edition date listed on the prepaid invoice, unless otherwise approved by the Publisher; or 
iii. if advertising on a monthly account, within 28 days of the invoice date, unless otherwise approved by the Publisher. 
12.4. Any query in respect of an invoice must be brought to the attention of the Publisher within seven days of its issue. The existence of a query on any individual item on an account shall not affect the due date of payment of any balance of such account. 
13. Accounts 
13.1. An account with the Publisher may be approved on the satisfactory completion of a New Client and Credit Account Application form, but remains at the discretion of the Publisher. 
14. Agency Commission 
14.1. It is the Publisher’s policy that quotes for advertising will be inclusive of any advertising agency commission and gst, unless specifically requested. 
15. Inserts 
15.1. Advertising inserts for inclusion in the Glasshouse Country News must be delivered at our premises by 4pm Monday prior to publication. 
16. Classified Advertising 
16.1. The Publisher will publish classified advertising under the classifieds heading that it determines is most appropriate. Classified advertising headings are for the convenience of readers and are determined at the discretion of the Publisher. 
17. Trade Advertising 
17.1. All trade advertisements must contain a trading name and if applicable, a licence or permit number as required under relevant legislation. 
18. Advertising Rates 
18.1. The Customer must pay for advertising at the rates in the relevant rate-card at the casual rate, unless otherwise agreed. Rate-card rates may be varied at any time by the Publisher without notice. 
18.2. All advertising rates are quoted as gst inclusive. The Customer must pay gst at the same time as it pays for the advertising. The Publisher will provide the Customer with a gst inclusive tax invoice. 
18.3. The Customer’s eligibility for discounts will be based on the type of business and booking made. Additional discounts may be offered at the discretion of the Publisher. 
18.4. It is the responsibility of the Customer to bring to the Publisher’s attention at the time of booking any discount to which entitlement is claimed. 
19. Failure to Pay 
19.1. If a Customer fails to pay for advertising in accordance with the payment conditions or if a Customer is unable to pay its debts for any reason, the Publisher may: 
i. cancel any provision of credit to the Customer; 
ii. require cash pre-payment for any further advertising; 
iii. withhold or make void any discounts which may have already been applied; 
iv. charge an Overdue Invoice Administration Fee of $5.50 (including gst) for reissuing an invoice overdue for payment; 
v. take legal proceedings against the Customer for any outstanding amounts; 
vi. recover from the Customer all costs of action taken by the Publisher to recover amounts owing; 
vii. cease publication of any further advertising on behalf of the Customer and terminate any agreement in relation to advertising not yet published; and 
viii. exercise any other rights allowable under law. 
19.2. The Publisher shall be entitled to charge the Customer $10.00 in respect of any cheque tendered which is dishonoured upon presentation. 
20. Privacy 
20.1. The Publisher collects and maintains Customer details and information to provide advertising services to the Customer and for invoicing purposes. The Publisher may disclose this information only to its related companies (Sunshine Valley News) and to credit reporting agencies. Where a Customer has an overdue account, the Publisher may disclose information to debt collection agencies so as to recover the amount due. 
21. Confidentiality 
21.1. Customers and the Publisher must, unless disclosure is required by law, treat as confidential: 
i. the terms of any advertising agreement, including, but not restricted to, pricing, advertising bookings and discounting; and 
ii. any other information that ought in good faith to be treated as confidential given the circumstances of disclosure or the nature of the information.

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