TERMS & CONDITIONS
Advertising terms and conditions – May 2020
1.1. These terms and conditions apply to every booking made with Sunny Coast Media (“SCM”) by any means (including through use of an insertion order, booking form or over the phone) by an Advertiser for any publication in or distribution of an Advertisement with, on or in a print or digital property of SCM.
1.2. Where an Advertiser is an agency, and places an Advertisement for publication under these terms and conditions, it agrees to these terms and conditions as principal and as agent for its client.
1.5. SCM has the right to amend these conditions at any time. Notification of amendment shall be deemed to have been given to all Advertisers immediately upon publication of the amended conditions or other written notice, which shall apply to all advertising booked after the date of that publication (except where there is an express written agreement between the Publisher and Advertiser that those amendments will not apply to particular advertisements).
1.6. Every Advertisement must comply with and is subject to these terms and conditions as well as other relevant terms (as available at www.sunnycoastmedia.com.au), additional relevant terms as published or notified and any relevant laws, regulations or codes of conduct. To the extent of any inconsistency between the various relevant terms, the following order of priority will be applied:
- these terms,
- any terms or conditions separately agreed in writing including any Advertising Agreements
2.1. Bookings which are in any way conditional will not be accepted.
2.2. Advertiser authorises SCM to dispose of any materials supplied to SCM relating to an advertisement (including illustrations, copy, photographs, artwork, and press-ready PDF digital files) following publication of an advertisement. SCM is not required to retain or return to Advertiser any such materials.
3. Publisher rights and discretions
3.1. Every Advertisement submitted for publication is subject to SCM’s approval. SCM may at its absolute discretion at any time:
- refuse to publish or distribute any advertisement without giving any reason (in which case, no charge to Advertiser will be incurred);
- cancel a campaign (in which case, no charge to Advertiser will be incurred for the unpublished portion of the campaign); or
- head an advertisement ‘Advertisement’.
3.2. SCM owes no duty to Advertiser to review, approve or amend any Advertisement and no review, approval or amendment by SCM will affect Advertiser’s responsibility for the content of the Advertisement.
3.3. SCM may, but is not obliged to, under pressure of deadline and without prior consultation or notice to Advertiser, amend any Advertisement in any terms whatsoever, if SCM perceives it to be:
- in breach of any law of Australia or of any state (whether civil or criminal),
- in breach of any pre-existing publishing agreement entered into by SCM
- in contempt of court or parliament,
- otherwise likely to attract legal proceedings of any kind,
- offensive. Should SCM so amend the Advertisement, the agreed price shall not be reduced.
3.4. SCM has the right, and the right to permit other persons, to republish any Advertisement in any print, electronic or digital form for any purpose using any media and in any part of the world.
3.5. SCM may appoint any of its related bodies corporate as its agent for the purposes of invoicing and collecting payments under and in relation to this Agreement.
4. Positioning, Placement and other Advertiser requests
4.1. The positioning and placement of an Advertisement is at the discretion of SCM except where expressly agreed in writing by SCM. HSCM will attempt to position Advertisements, in accordance with the Advertiser’s request if the Advertiser has agreed to pay any relevant preferred position loading charges. If SCM fails to publish the Advertisement in accordance with Advertiser’s requests, then subject to clause 12.1, SCM’s liability will be limited to refunding the relevant position loadings paid.
4.2. Subject to clause 12.1, if any Advertisement is specifically accepted for publication in a specific advertising category (including classified category or particular section) of a publication then, without prior consultation with Advertiser, SCM may:
(i) position the Advertisement anywhere within the category at its discretion, unless a specific placement has been agreed in writing,
(ii) reposition that category within the publication,
(iii) alter the date of publication of that category.
Case (i) and (ii) will not mitigate Advertiser’s liability to pay. In case of (iii), if Advertiser did not agree to the altered date prior to publication, then if within 30 days of publication of the Advertisement Advertiser notifies SCM in writing that Advertiser has suffered adverse effects which were directly caused by the altered date of the publication and Advertiser provides to SCM clear evidence of those adverse effects, the Advertiser will incur no charge for that particular Advertisement.
4.3. Subject to clause 14.1, if an Advertisement is specifically accepted for publication in a particular advertising supplement of a publication then, without prior consultation with Advertiser, SCM may:
(i) position the Advertisement anywhere within the supplement at its discretion, unless a specific placement has been agreed in writing,
(ii) alter the date for publication of that supplement,
(iii) cancel the supplement.
Case (i) shall not mitigate Advertiser’s liability to pay. Case (ii) will not mitigate Advertiser’s liability to pay unless Advertiser did not agree to the altered date prior to publication and within 30 days of publication of the Advertisement Advertiser notifies SCM in writing that Advertiser has suffered adverse effects which were directly caused by the altered date of the publication and Advertiser provides to SCM clear evidence of those adverse effects, in which case the Advertiser will incur no charge for that particular advertisement. Should (iii) occur Advertiser shall incur no charge.
5. Deadlines & Specifications
5.1. SCM imposes various deadlines (including for the provision to the SCM of bookings for Advertisements and material for Advertisements, changes or variations to Advertisements) and specifications (including for size). All deadlines and specifications must be met by Advertiser. SCM is under no obligation in relation to material or information received after relevant deadlines or not in accordance with the relevant specifications.
5.2. It is the Advertiser’s responsibility to ascertain the relevant deadlines and specifications for the relevant publications for each publication or insertion date as deadlines and specifications may be changed at any time by SCM.
5.3. SCM accepts no responsibility for any error when instructions or copy have or has been provided over the telephone unless HT receives written confirmation of the instructions or copy before the deadline.
5.4. It is the responsibility of the Advertiser to notify SCM of any error immediately after it appears. Unless so notified, SCM accepts no responsibility for any recurring error or any Loss relating to that recurring error.
5.5. Cancellations by the Advertiser must be made, in writing, prior to deadlines. Failure to do so will relieve the SCM of any obligation to comply with the cancellation request and, if SCM proceeds with the publication of the relevant Advertisement, then SCM will be entitled to charge the Advertiser accordingly.
6. Advertisements produced by SCM
SCM owns and retains all copyright and other intellectual property rights in relation to any Advertisements produced by SCM or any materials provided by SCM for use in an Advertisement. Advertiser obtains no rights in relation to those advertisements produced by SCM or in relation to content from SCM. This clause does not in any way derogate from Advertiser’s obligations or liabilities in relation to such Advertisements.
7.1. SCM may agree to provide proofs but only where so requested by Advertiser prior to relevant deadlines.
7.2. Colour and size show on any proof is an indication only. Final print colours and size may vary with the print process and stock variations.
7.3. Where SCM fails to provide a requested proof in accordance with clause 7.1, and the published advertisement substantially conforms to the copy provided by the Advertiser, then Advertiser is liable to pay the full cost of the Advertisement.
8.1. SCM reserves the right to distribute inserts for more than one Advertiser at any time.
8.2. All materials to be inserted into a publication must be delivered to SCM in accordance with all requirements of SCM including delivery address, deadlines, packaging and bundling requirements.
8.3. SCM, including its agents and contractors, may delay the distribution of inserts, if they reasonably believe that the quality or delivery of the relevant publication is likely to be jeopardised by the inclusion of the insert.
8.4. Additional charges may need to be agreed between the parties where:
- insert materials are to be held by the SCM at the premises of the SCM (or its distributors) for more than two weeks; or
- insert materials are to be re-consigned or require additional packing or handling.
8.5. Risk in the insert materials remains with the Advertiser at all times.
9. Advertising Agreements
9.1 Maximum period of any Advertising Agreement is one year (except in exceptional circumstances). In the absence of any valid Advertising Agreement, including if an Advertising Agreement has expired, casual rates will be charged by SCM.
9.2. SCM reserves the right to cancel or suspend any Advertising Agreement where:
- Advertiser is in material breach of the Advertising Agreement, these terms or any another agreement with SCM; or
- SCM considers Advertiser becomes a credit risk; or
- Advertiser’s advertisements pose a reputational risk or other unacceptable risk for SCM; or
- SCM is no longer able to deliver the advertising services the subject of the Advertising Agreement, including where it is no longer the Publisher; or
- any other clause of these terms or any other agreement with SCM enables the SCM to terminate or suspend an Advertising
Subject to clauses 10.4, 10.5 and 11.5:
- the percentage discounts quoted in an Advertising Agreement are not subject to any increase or decrease during the period of the Advertising Agreement. However, the advertising rates (whether quoted or not) are subject to any increase or decrease notified by SCM effective from the time nominated by SCM, which may occur during the period of the Advertising Agreement, and such varied rates will apply to all advertising booked from that nominated date (unless otherwise expressly agreed by the parties in writing);
- the advertising rates applicable to an Advertising Agreement at the time the agreement is entered into (whether quoted or not) are not subject to any increase or decrease during the period of the Advertising Agreement.
9.3. Failure to receive or rejection on reasonable grounds of an advertisement by SCM does not affect the obligations of Advertiser in relation to Advertiser’s agreed minimum spend commitment through the term of an Advertising Agreement under that Advertising Agreement. Where an advertisement is rejected other than on reasonable grounds or is omitted by SCM, SCM will at Advertiser’s election publish the advertisement again or reduce Advertiser’s obligations in relation to their agreed minimum spend commitment accordingly.
10. Rates, invoices and GST
10.1. Advertisers agree to pay accounts rendered by the SCM in accordance with its standard payment terms. Accounts will be rendered by SCM on the basis of the casual rate applicable at the date of publication of the advertisement (regardless of the rates which were applicable when any advertising agreement was entered into), less any percentage discount agreed in writing between the parties.
10.2. Casual rates are as quoted by the relevant publication or sales representative and may be varied by SCM at any time, effective from the time nominated by SCM and such varied casual rates will apply to all advertising booked from that nominated date but not any current Advertising Agreements (unless otherwise expressly agreed by the parties in writing).
10.3. Advertising expenditure will be calculated inclusive of loading values but exclusive of production charges.
10.4. If SCM has quoted a rate to publish advertising for a client and that rate is different from that included in any published material or sales collateral, that quoted rate only applies to that specific client for that specific purpose where the advertising is booked directly with SCM and without the involvement of any advertising, media buying or other agency (unless otherwise specifically agreed in writing by the SCM).
10.5. Where the SCM changes the basis on which advertising is charged by SCM during the term of any Advertising Agreement or between the booking and placement of any Advertisement, SCM will endeavour to provide Advertiser with at least 28 days’ notice prior to the change taking effect. Advertiser will be entitled to terminate the Advertising Agreement or bookings affected (prior to the cancellation deadline for such affected bookings) within 14 days of such notice from SCM.
10.6. Any dispute the Advertiser has with an invoice must be raised with SCM promptly and no later than 45 days after the invoice date. After that time, Advertisers will be deemed to have accepted that the full amount set out in the issued invoice is due and payable by Advertiser.
10.7. All rates and charges are expressed by the SCM as GST inclusive (except where otherwise made clear ). SCM will issue a valid tax invoice in relation to any supply of advertising or related services under these terms which are subject to GST.
10.8. Advertiser agrees to pay any GST liability arising in relation to the provision by SCM of advertising services under these terms.
11. Linked Advertising Agreements to an Advertising Agency
11.1. A linked Advertising Agreement with related companies is only available where an Advertiser and its subsidiaries, franchises or branch offices are linked together for the purpose of an Advertising Agreement and where subsidiaries fall within the definition of that term in the Corporations Act 2001. Where that is the case, and subject to SCM’s approval which may be granted or withheld in its absolute discretion, the customer is entitled to combine its advertising expenditure with those subsidiaries, franchises and branch offices and receive the relevant discount.
11.2. Where an Advertiser wishes to establish a linked order, the following must be provided to SCM in order to seek SCM’s approval for a linked order (which may be granted or withheld in its absolute discretion):
- a list of all subsidiaries, franchises and branch offices; and
- any other information that HT may in its discretion require to satisfy itself that Advertiser is entitled to place a lined order.
11.3. Direct customer Advertising Agreements may not be linked to an advertising agency without the written approval of SCM.
12. Limitation of liability
12.1. Nothing in these terms and conditions excludes or varies any rights or remedies under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australian Consumer Law) which cannot be excluded, restricted or modified. However, SCM excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from an Advertiser’s use of or acquisition of or in relation to the ordering or booking of any advertising services (including under an Advertising Agreement) from the SCM whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible and subject to SCM’s liabilities and obligations under the Australian Consumer Law, the remaining provisions of this clause 14 shall apply.
12.2. Subject to clause 12.1, SCM makes no representation or warranty of any kind and in particular makes no representation or warranty:
- a. in relation to the continued production of any publication, in print or digital form;
- in relation to the final placement, positioning or date of publication or distribution of an advertisement;
- that there will be one and only one copy of each insert or sample distributed in each relevant publication;
- that distribution of a publication will occur on a specific date, by a specific time, to a specific number of consumers or readers or within a specific geographic area;
- in relation to the number of visitors to its websites or the number of impressions at any site; or
12.3. Subject to clause 12.1, the Advertiser acknowledges that distribution of a relevant publication may be suspended or ceased at any time for any reason.
12.4. Subject to clause 12.1 and clause 12.5, SCM is not liable to Advertiser for any direct or Indirect Loss of any nature including where arising from the failure of SCM, whether negligent or otherwise, to publish an Advertisement or from the failure of SCM to publish an Advertisement in the form prescribed or from publication of the Advertisement with errors or omissions or in any way relating to the distribution or lack of distribution of the relevant publication.
12.5. Subject to clause 12.1, where any of the circumstances set out in clause 14.4 arise:
- a. Advertiser shall incur no cost where the Advertisement has not been published at all or where the error or failure has arisen solely due to the negligence of SCM or any of its employees; and
- in all other circumstances, and subject to the other applicable terms, the agreed rate shall be reduced according to circumstances. In no circumstances will the SCM’s liability be greater than:
- in relation to the failure to provide any placement, position or other benefit in relation to which a specific loading charge was paid by the Advertiser, the amount of that loading charge; or
- otherwise, republication of the relevant advertisement, or payment of the cost of republishing the relevant advertisement, at SCM’s discretion.
12.6. Subject to clause 12.1, SCM’s liability for a breach of a term or guarantee implied by law is limited at SCM’s discretion, to the supply of the service again or payment for the cost of having the service supplied again.
12.7. Subject to clause 12.1, SCM has no responsibility or liability to Advertiser in relation to:
- SCM exercising its rights under these terms; or
- any failure of telecommunications services or systems which affect the receipt by SCM of any material, a notice or communication of any kind or the publication of an advertisement or campaign.
13. Warranty & Indemnity
13.1. Advertiser warrants that it will only use the advertising space which it acquires to advertise its own brands, goods or services and may not sell or otherwise deal with that advertising space. Where Advertiser is an advertising agency the space may only be used by the client for which the space was initially acquired or booked.
13.2. Advertiser warrants that the advertisement complies with all relevant laws and regulations and that its publication in accordance with these terms will not give rise to any claims against or liabilities of SCM, its directors, employees or agents. Without limiting the generality of the above, advertisers and or advertising agencies warrant that neither the Advertisement nor its publication breaches or will breach the Competition and Consumer Act 2010, Privacy Act 1988, Copyright Act 1968, Fair Trading Act 1985 or defamation, or infringes the rights of any person.
13.3. Advertiser indemnifies SCM 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 the publication of the Advertisement, except to the extent caused by the SCM. In particular and without limitation, Advertiser indemnifies SCM its directors, employees and agents against any claims arising from allegations that the Advertisement contains material which constitutes:
a. defamation, libel, slander of title;
b. infringement of copyright, trademarks or other intellectual property rights
c. breach of trade practices/ competition, privacy or fair trading legislations; or
d. violation of rights of privacy or confidential information.
14. Privacy Statement
15. Data Policy Compliance
Advertiser warrants that it will comply with the Sunny Coast Media Data Policy and in particular that, except as approved by the SCM, Advertiser does not and will not collect personal information or tracking information in relation to users of SCM’s services and further warrants that material provided by or on its behalf for publication by SCM does not contain:
a. third party cookies intended to retarget SCM’s users or their browsers; or
b. any code, technique or mechanism, to track or in any way identify users of any of SCM’s properties.
These terms and conditions are governed by the laws of the state of Queensland and each party submits to the exclusive jurisdiction of this state.
17. Other conditions
Any text heavy Advertisement is subject to approval of the editor of the relevant SCM, to be exercised with unfettered discretion. Any such Advertisement must be presented in a manner which clearly delineates it from the editorial content of the SCM publication including by labelling as an Advertisement in a prominent manner and using a clearly different font and format.
a. Advertisement includes any material in any form lodged for publication or other distribution as an advertisement (including as a published advertorial,
insert or sampling exercise).
b. Advertiser means each advertiser and or advertising agency who seeks to have SCM publish or otherwise distribute an advertisement.
c. Loss means direct and indirect loss of any nature. Indirect loss includes the following:
loss of profit, loss of business opportunity, loss of goodwill and payment of liquidated sums or damages under any other agreement.
d. Publisher means Hinterland Times, Sunny Coast Times or any associated publications.
e. Advertising Agreement is a written agreement (in soft or hard copy form), which is signed or, in the case of a soft copy, otherwise agreed to in a mutually acceptable form, by or on behalf of both the Advertiser and the SCM, detailing:
f. the percentage discounts from the casual rates in effect at the time the agreement is entered into; and/or
- the fixed advertising rates;
- any applicable adjustments to standard loadings;
- any applicable positional agreements.