Terms & Conditions relating to the placement of advertising and marketing in 4Square Media Pty Ltd magazines and web sites.
1. The publisher 4Square Media Pty Ltd (4SQM) accepts material for publication on the terms and conditions set out herein. In offering material for placement the advertiser accepts the terms and conditions stated herein, any terms implied by law, and all relevant rules and codes of the Media Council of Australia.
2. Advertising rates specified in the rate card remain valid only until 31December in any given year. The publisher reserves the right to vary the rates so specified at any time without notice.
3. The advertiser must give the publisher written notice of any cancellation not less than 30 days before the date of publication. The advertiser will remain liable for all costs and charges relating to the supply and appearance of the booked advertisement.
4. The advertiser must supply advertising production material in accordance with the production specifications in the Rate Card. If the advertiser fails to supply advertising material in the form required, the advertiser shall reimburse the publisher for the amount specified as production fee in the Rate Card. The publisher may at its absolute discretion agree to vary or waive its right to reimbursement by notice.
5. The advertiser assumes responsibility for the reproduction quality of any advertising material that does not comply with the production specifications and/or submitted after the material deadline irrespective of any agreement by the publisher to vary the material deadline whether orally or in writing.
6. The advertiser assumes responsibility for delivery of production material to 4Square Media Pty Ltd by the material deadline.
7. If the advertiser fails to deliver advertising material or artwork before the material deadline, the publisher may at its absolute discretion repeat any previous advertisement, or in the event that previous advertising material is unavailable, holds the advertiser liable for all costs and charges relevant to the placement.
8. The advertiser assumes responsibility for collection of all advertising material and artwork immediately after publication. The publisher accepts no responsibility for material not collected by the advertiser or its agent within one month of the date of publication.
9. The publisher reserves the right to determine the position of advertisements at its absolute discretion.
10. The publisher reserves the right to reject the whole or any part of advertising material that is considered unsuitable for publication.
11. The publisher will make every endeavor to ensure the insertion of an advertisement in accordance with the advertiserâ€™s instructions, but no liability will be accepted for any loss occasioned by omission or misplacement.
12. The publisher reserves the right to treat any condition or placement instructions by the advertiser (such as page location, competitive separation, or placement facing editorial copy) as a request only. The advertiser remains liable for all costs and charges relevant to the placement in the event of the publisherâ€™s failure or inability to comply with the advertiserâ€™s conditional instruction.
13. The advertiser acknowledges that the publisher will not be held liable for any loss suffered by the advertiser as a result of the publisherâ€™s failure to place an advertisement (or any part of an advertisement) or from any error in any advertising material published.
14. The advertiser may place a booking confirmation for publication of advertising material for a period not exceeding a period of 12 months from time to time.
15. The publisher reserves the right to cancel or suspend booking confirmation at any time.
16. The rates quoted on booking confirmation are subject to any rate increase or decrease that may occur during the period of the order.
17. The advertiser may cancel an existing booking confirmation without cost at any time prior to the cancellation deadline. If a booking confirmation is cancelled after the cancellation deadline, the advertiser shall be liable for the rate specified.
18. On cancellation of a booking confirmation, the advertiser becomes liable for all past placements plus interest at the rate of 10% from the date of cancellation until final payment is received.
19. The publisher, its servants or agents shall not be liable for any loss or damage howsoever caused in respect of advertisements altered, delayed and/or admitted whether by mistake, negligence or misunderstanding, and the advertiser acknowledges that the publisherâ€™s liability in all cases shall be limited to the amount not greater than $50.00. The advertiser irrevocably undertakes to refrain from bringing any action, claim, and counter-claim or set-off against the publisher, its servants or agents for loss or damages within the scope of the exclusions prescribed by this clause.
20. By authorizing and/or placing material for publication, the advertiser and/or its agent INDEMNIFIES the publisher, its servants and agents against all liability, claims or proceedings whatsoever arising from the publication, and without limiting the generality of the foregoing, to indemnify each of them in relation to defamation, slander of title, breach of copyright, infringement of trademarks or names of publication titles, unfair competition or trade practices, royalties or violation of rights of privacy AND WARRANTS that the material complies with all relevant laws and regulations and that its publication will not give rise to any rights against or liabilities in the publisher, its servants or agents and in particular that nothing therein is capable of being misleading or deceptive or otherwise in breach of Part V of the Trade Practices Act 1974. This warranty is deemed to be included in each submission by the advertiser for placement of material with the publisher for publication.
23. The publisher reserves the right to change these terms and conditions without notice.
4Square Media Pty Ltd Level 12 /1 Pacific Hwy, North sydney, NSW, 2060 Australia Tel +61 2 9959 1944 or [email protected]