Advertising Terms & Conditions
For the purpose of these terms and conditions:
1.1 “The Publisher” shall mean Practical Publishing International Pty Ltd.
1.2 “Advertiser” shall refer to the advertiser or his agent.
1.3 “Advertisement” includes loose or other inserts where appropriate.
1.4 “Rate Card” shall refer to the full price of advertisements excluding GST as published by the Publisher before any discounts are applied. The Rate Card is available on request.
2. APPLICABLE TERMS
These conditions shall apply to all Advertisements accepted for publication. Any other proposed condition shall be void unless incorporated clearly in written instructions and specifically accepted in writing by the Publisher. All Advertisements are accepted subject to space being available and subject to the copy content being acceptable to the Publisher. The Publisher reserves the right to suspend, omit, cancel or change any Advertisement or series of Advertisements at any time for good reason, including but not limited to Advertisements that are deemed by the Publisher to be libellous, defamatory, pornographic, socially unacceptable, insensitive or otherwise contrary to the Publisher’s editorial policy .
Should the reason for cancellation be due to an act or default of the Advertiser, or his servants or agents, then the space reserved for the Advertisement shall be paid in full, notwithstanding that the Advertisement has not been published. If the Advertiser is in doubt they should consult the Publisher in writing in a timely manner.
Copy and cancellation dates, Advertisement Rate Cards and discounts are as published from time to time and copies of these are available on request. These form part of these conditions of acceptance. Advertisement rates are subject to revision at any time, by the giving of two weeks’ notice of such revision by the Publisher of its Rate Card. In the event of a rate increase subsequent to the placing of an order the Advertiser will have the option either to cancel such order (or unfulfilled portions of such order), without penalty or to accept fulfilment at the revised rate.
3. SUPPLY OF ADVERTISEMENT COPY
It is the responsibility of the Advertiser to supply copy to the Publisher by the relevant copy date as notified to the Advertiser by the Publisher. If copy is not so received then the Advertisement may be omitted or, if earlier copy is available, the earlier copy may be repeated at the Publisher’s discretion. In any event the space reserved for the Advertisement shall be paid in full. Corrections to the copy may not be incorporated unless proofs are
returned by the copy date.
If the Advertiser supplies copy in digital format then it must adhere to the Publisher’s specifications for receiving such artwork for Advertisements. These specifications are available on request and are published with the Rate Card.
4. ADVERTISEMENT CONTENT AND PRODUCTION
The rates quoted are subject to suitable copy or artwork being supplied. If additional production work is required the right is reserved to make an appropriate charge. The Publisher provides a basic advertising design service for two advertisements inserted as part of a series of advertisements booked by the advertiser. The Publisher reserves the right to charge for further amendments once two sets of author amendment have been undertaken.
The advertiser must supply clear instructions in writing on how the advertisement is to be laid out by the date indicated for the supply of copy. The advertiser must ensure they are the rights holder to any images, logos, rights and text including fonts appearing in the advertisement or that they have written permission to use such content above from the rights owner.
5. ACCURACY OF ADVERTISING COPY
The Publisher will supply a low resolution PDF proof of the advertisement for approval by the Advertiser. If the Advertiser does not respond by the date specified in the proofing correspondence approval will be deemed given. Proofs will only be supplied if requested in writing by the Advertiser and if copy is received at least five weeks prior to the copy date.
It is the responsibility of the Advertiser to check their Advertisement is correct and inform the Publisher of any mistakes as the Publisher can only be responsible for one incorrect insertion. Therefore a complimentary copy of the magazine will be sent out to the Advertiser on publication of their first Advertisement only.
While every care is taken to avoid errors, the Publisher cannot accept liability for any errors or omissions however caused unless an error occurs which is clearly the fault of the Publisher, the Advertiser having met all the terms of copy supply in clauses 3 and 6. Compensation will be considered up to but not exceeding the price of the relevant Advertisement.
6. ADVERTISER’S ARTWORK
All copy, artwork, film etc, is held at the Advertiser’s own risk and should be appropriately insured. The Publisher reserves the right to destroy all such copy, artwork, film etc, which has been in its custody for six months from the date of its last appearance.
7. ADVERTISING SPACE ORDERS
Telephone space bookings agreed verbally and/or email orders are subject to the same conditions as written orders received via postal services.
The Publisher retains the copyright in the content and design of all advertisements created or amended by it and the said Advertisement may not be reproduced in part or in full without the written permission of the Publisher. All copy artwork and films etc, with regard to the above remain the property of the Publisher.
9. ADVERTISING WARRANTY
The Advertiser warrants that the Advertisement does not contravene, and does not encourage breaches of Commonwealth law and the law of the relevant State or Territory nor is it defamatory or a contempt of court or in any other way illegal, or an infringement of any other party’s rights, or an infringement of the Codes of Conduct of the Advertising Standards Bureau of Australia, the advertiser will indemnify. The Advertiser indemnifies the Publisher, without limitation, against any claim whatsoever arising from the publication of the advertisement.
10. CONSUMER PROTECTION
Mail order Advertisements should conform to the relevant section of the Australian Code of Advertising Practice. They should state clearly, in the body of the Advertisement, and not only in the coupon, if one is included, a full postal address at which the Advertiser can be contacted during business hours.
11. PAYMENT TERMS
All accounts are due and payable within 30 calendar days of the date of invoice. In the event that any one invoice is overdue then the whole account of the Advertiser is deemed to be overdue (including invoices which are less than 30 calendar days old). On an account being overdue, all discounts deducted from the published advertisement rates (the Rate Card) agreed with the advertiser at the time of booking are forfeited by the advertiser and the total Rate Card amount will be due. Interest will be charged by the Publisher on overdue accounts at
the rate of 3% above the Bank Base Rate for the full amount due. The interest together with all monies owing for Advertisements is payable on demand or on judgement being awarded in the relevant court.
12. DISCOUNT TERMS AND CONDITIONS
Series discounts will only apply to Advertisements appearing within a 12 month period from the date of the first insertion. Any Advertiser who cancels part of the series will lose the discount which would otherwise have applied to the Advertisements which have been or are to be published.
Cancellations will only be accepted when made in writing and received by the Publisher four weeks prior to the copy date for colour advertisements or two weeks prior to copy date for black and white advertisements. Any orders made during the relevant above mentioned cancellation periods cannot be cancelled. Any written cancellations of series advertisement bookings (that is bookings of more than one advertisement insertion in a 12 month period) received by the Publisher will be subject to the cancellation of any discounts given in the original booking for series advertising. The Publisher reserves the right to revert to the advertisement cost at a single insertion price in the Rate Card for all insertions in the booking and will invoice such additional sums as are due. Payment will be due on 30 days from date of invoice unless the account is already in arrears, in which case the sums will be due immediately and will be subject to clause 11.
14. ADVERTISEMENT COMPLAINTS
Complaints must be received in writing by the Publisher not more than one month after the publication date.
These terms and conditions and all other terms of the contract shall be governed and construed in accordance with the Laws of the Commonwealth and the parties submit to the jurisdiction of the Australian Courts.