The Advertiser and/or advertising agency (hereinafter called ‘The Advertiser’) named overleaf hereby authorises Insider Publishing Pty. Ltd. (hereinafter called ‘The Publisher’) to insert advertising in accordance with the specifications outlined in the Proposal, subject to the following conditions:
The Advertiser agrees and acknowledges that this contract is entered into in South Australia and agrees to submit to the jurisdiction of South Australia.
Terms of trade are NETT 30 DAYS from invoice date.
All amounts not paid within the agreed credit period shall result in The Advertiser incurring a standard $50.00 late payment fee plus all costs, expenses and charges that may be incurred by The Publisher in the exercise of any remedy.
Cancellations will only be accepted in writing and correctly addressed to The Publisher of the publication within 7 days of the signed agreement.
The Publisher reserves the right to refuse any advertisement considered unsuitable to the format of the publication.
It is the responsibility of The Advertiser to supply The Publisher with the material by the artwork deadline. If the material is not supplied by then, The Advertiser will incur the full rate charge for the space booked.
Warranty and Indemnity.
Advertisers upon and by lodging with The Publisher for publication or authorising or approving of the publication of any material indemnify 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, failure to pay royalties or violation of rights and privacy and:
The Advertiser warrants that the material complies with all relevant laws and regulations and that nothing in its material is capable of being misleading or deceptive or otherwise in breach of the Trade Practices Act 1974, the Fair Trading Act SA and the rules and regulations of the Australian Newspapers Council.
To the extent permitted by law, no warranty condition, description or representation by The Publisher is given or implied, or has been given or is to be implied, and any statutory or other warranty, condition, description or representation expressed or implied is hereby excluded. This provision shall not derogate from, or exclude any warranties or conditions necessarily implied by law.
In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974, as amended or relevant similar State or Territory legislation (‘The Acts’), nothing contained in this agreement restricts, excludes or modifies any condition, warranty or other obligation in relation to this agreement and the goods or services which pursuant to the Acts or any of them, is applicable or is conferred on the customer where to do so is unlawful, in which event The Publishers sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the customer may sustain or incur, shall be limited (except to the extent specifically set forth) to:
In the case of – replacement of the goods or supply of equivalent goods in the payment of the cost replacing the goods or acquiring equivalent goods.
Services – supply of the services again, or the payment of the cost of having the services supplied
again; as The Publisher may select
The Publisher retains the right to include, not include or modify the position of any advertisement or profile.
Advertising will be placed as close as possible to the requested position.
Production and production dates are given as a guide only, and it is agreed that the dates may be changed at the discretion of The Publisher.
The signatory to this booking order warrants that he/she acts with the authority of The Advertiser.
This contract sets out all the terms of the agreement between the parties. Any condition, promise, representation or warranty which may have been made by The Publisher or by anyone on behalf of The Publisher and which is not set out in the contract is negatived and withdrawn.
The customer agrees that there is no other contract, agreement or warranty subsisting at the time of signing this contract. This condition is for the benefit of The Publisher and The Publisher’s contractors.
In the event that one or more of the conditions of this agreement shall be held void, illegal, invalid, in breach of any provision of any legislation of the Commonwealth of Australia or any State or Territory, or unenforceable in any respect, such invalidity, illegality, voidance or unenforceability shall not affect any other provision contained in this agreement.
