These Terms and Conditions shall govern every advertising agreement and shall constitute a contract between Austnews and the Advertiser. By placing an order for an advertisement, all Advertisers agree to be bound by the Terms and Conditions and Policies of Austnews.
Definitions
In Our Terms and Conditions, the following words and phrases have the following meanings: “Austnews”, “Our”, “We” and “Us”, refers to our Company. “You”, “Your” and “Advertiser” refers to the organisation, you, the person placing advertisements on our publications and accepting the Austnews Advertising Terms and Conditions. “Order” means a request or order (whether written or verbal) for an advertisement to be placed in school newsletters. “Agreement” means a signed agreement for advertising or acceptance (in writing) of proof of an advertisement.
Conditions
The Advertiser warrants that the person entering into an agreement, by placing an order and approving the final advertisement proof, is authorised to do so on behalf of Austnews, person or organisation. Austnews will accept no liability or responsibility if an unauthorised person enters into an agreement. In such a case, the Advertiser accepts liability for payment of the agreement and the full cost of the advertisement remains payable. Austnews reserves the right to refuse, withdraw, omit or otherwise deal with all advertisements at its absolute discretion without any liability to the Advertiser thereby arising. The advertisement must comply with the Australian Code of Advertising Practice, and all laws and guidelines that may be applicable. Should the advertisement not comply, Austnews shall not be held responsible and reserves the right not to publish such advertisement. All advertisements are accepted subject to space being available and to the copy supplied by the Advertiser being acceptable to Austnews, at its discretion. We reserve the right to reject any advertisement at any time even though a prior similar advertisement may have been approved.
Advertising Start Date
Advertising start date is outlined in the Agreement. Austnews does not guarantee the start date of the advertising which the Advertiser has booked. Austnews will make every endeavour to ensure that the start date is as close to the schedule as possible, in line with individual school newsletter timeframes.
Prices and Payment
Advertisement prices are outlined in the Agreement. Prices are as quoted by the sales representative and may be varied by Austnews at any time, effective from the time nominated by Austnews and such varied prices will apply from that nominated date excluding any existing Advertising Agreements. The Advertiser agrees to pay accounts rendered in accordance with its standard payment terms. Unless otherwise agreed in writing, invoices overdue by 28 days or more will be subject to an overdue fee of $25+GST per invoice.
Copy and Material
Austnews reserves the right to refuse advertisements that do fall within the Austnews Advertising Policy and Principles for Schools. Our advertising policies and principles take into consideration (but is not limited to) the following: (a) Queensland Government “Advertising and Sponsorship Key Principles” from the Advertising and Sponsorship Policy (EDM-PR-001). (b) Smart Choices – Healthy Food and Drink Supply Strategy for Queensland Schools (c) Business card advertising in school newsletter: protocols. If the Advertiser requires Austnews to prepare the advertisement on their behalf, Austnews will provide an Advertisement Proof. Content within this proof must be checked and is the responsibility of the Advertiser to ensure its accuracy. The colour shown on any proof is an indication only. Final print colours may vary with the print process and stock variations. Where advertisements are created by Austnews, whilst every care is taken to avoid errors, Austnews shall not be liable for any errors occurring in the preparation of the Advertisement. Austnews does not accept responsibility for any loss or damage caused by: (a) an error, inaccuracy or omission of the advertisement (b) for any failure to publish an advertisement on the date or dates specified by the Advertiser (c) any artwork or other property of the Advertiser.
Placement and Position
The positioning and placement of an Advertisement is at the discretion of Austnews, except where expressly agreed in writing between the Advertiser and Austnews. Any other order for a position where the ad is to be inserted shall be treated as a request only, and Austnews shall not be obligated to comply with said request. While every endeavour will be made to meet the wishes of the Advertiser, Austnews does not guarantee the insertion, the position, or the colour of any particular advertisement. Austnews reserves the right to omit, suspend, or change the position of any advertisement, even if it has already been accepted for publication.
Copyright
The Advertiser retains the copyright to data, files and graphic logos provided and grants Austnews the rights to publish and use such material. The Advertiser must obtain permission and rights to use any information or files that are copyrighted by a third party. The Advertiser is further responsible for granting Austnews permission and rights for use of the same and agrees to indemnify Austnews from any and all claims resulting from Your negligence or inability to obtain proper copyright permissions.
Ownership
Austnews owns and retains all copyright and other intellectual property rights in relation to any Advertisements produced by us. Any and all design, files, layouts, advertisement designs and other items related to the agreement remain the full ownership of Austnews and is therefore covered by Australian copyright laws. The Advertiser obtains no rights in relation to those advertisements produced by Austnews. This clause does not in any way derogate from the Advertiser’s obligations or liabilities in relation to such Advertisements. The Advertiser also acknowledges that Austnews has the right to use the designed advertisements and/or the Advertiser’s name and/or logos within any of its other printed and digital marketing materials including, but not limited to, brochures, websites and social media sites.
Cancellations and Cooling-off Period
Austnews will only accept cancellations if in writing and received within 5 (five) business days of signing the Agreement or accepting the proof advertisement (Cooling Off Period). Any cancellations received after such date will be of no effect and the advertisement will be payable in full. If the Advertiser cancels after this date the Advertiser will be billed for the ad space ordered. Individual schools have ultimate approval of all advertisements that appear on their newsletters. If for any reason a school does not want an Advertisement on their newsletter, it will be removed and the Advertiser shall be notified and offered a refund/replacement for that school on a pro-rata basis if applicable. In event that a school does not renew its annual contract with Austnews and an Advertiser has a period of advertising remaining on its agreement then Austnews will provide the Advertiser with an alternate school on a pro-rata basis only determined by the number of newsletters sent and will not be held liable for any other amounts. Austnews reserves the right to cancel an Agreement any time the Advertiser fails to pay any account when due. In any event, when Austnews must employ an agent or solicitor to collect sums due hereunder or to enforce compliance by the Advertiser with any of the terms of this Agreement, the Advertiser shall pay to Austnews any fees and other costs incurred by Austnews in connection with any legal actions and appeals thereof.
Privacy Statement
Austnews collects personal information about the Advertiser, including for example the Advertiser’s name and contact details. We collect and use that information to provide the Advertiser with our goods and services and to improve these goods and services. Austnews may, from time to time, contact the Advertiser about goods, services or promotions which may be of interest to the Advertiser. As a current Advertiser, you will be subscribed to school enewsletters on which you have advertising. You may unsubscribe from these at any time.
Legal
Agreements shall be constructed under the laws of the State of Queensland and any disputes will be subject to the jurisdiction of the Queensland Courts. The Advertiser undertakes that the advertisement: (a) shall not contravene any Australian law, and (b) shall conform to the Australian Code of Advertising Practice and (c) shall be original to the Advertiser and shall not be illegal or defamatory or infringe the copyright or other proprietary rights of any third party and (d) shall be legal, decent, honest and truthful. The Advertiser indemnifies Austnews its directors, employees and agents against all claims, demands, proceedings, costs (including solicitors and own client costs), expenses, damages awards, judgments and any other liability whatsoever arising wholly or partially, directly or indirectly, from or in connection with an advertisement that does not conform to the undertaking in the paragraph above. The Advertiser agrees at the Advertiser’s own expense, to promptly defend and continue the defence of any such claim, demand action or proceeding that may be brought against Austnews, provided that Austnews shall promptly notify the Advertiser with respect thereto. The Advertiser shall reimburse Austnews for any amount paid by Austnews in settlement of claims or in satisfaction of judgements obtained by reason of the publication of such advertising copy, together with all expenses incurred in connection therewith, including but not limited to, reasonable legal fees and court costs.