ISSA (ABN 44 617 407 020) (the “Publisher”) agrees to publish the advertisement(s) submitted to the Publisher by the Advertiser (the “Advertisement”) subject to and in accordance with these terms and conditions (the “Terms”). These Terms incorporate the attached “Confirmation of Advertising Schedule” (the “Schedule”).

Payments: The Advertiser must pay to the Publisher the advertising rates and all other charges specified in the Schedule within 30 days from the date of the Schedule.

Discounts on Series:  In order to be eligible for discounts based on the number of Advertisements purchased, Advertiser must place the order for multiple Advertisements at the same time on the same Schedule. If the Publisher has offered a discount to the Advertiser for the placement of a series of Advertisements but the Advertiser places a lesser number of Advertisements, then the discount does not apply. The Publisher may charge the Advertiser the rate that would apply to the number of Advertisements actually placed.

Materials for Advertisement: The Advertiser must provide the Publisher with copies of the Advertisement including all artwork for the Advertisement (the “Materials“) in the form specified by the Publisher from time to time, on, or prior to, the material deadline specified in the Schedule (the “Material Deadline“). The Publisher reserves the right in its absolute discretion to refuse to publish any Materials provided by the Advertiser.

Incomplete Materials: If the Advertiser submits Materials that, in the Publisher’s reasonable discretion are incomplete and require production services (including layout and design work), the Publisher may charge the Advertiser an agreed artwork and design charge.

Missing Material Deadline: If the Publisher does not receive all Materials for an Advertisement by the Material Deadline, the Publisher reserves the right, in its absolute discretion, to:

(a) charge the Advertiser 50% of the advertising rate and other charges specified in the Schedule applicable to the Advertisement to which the undelivered Materials relate; and

(b) use and publish any previous advertising material provided by the Advertiser to the Publisher; or

(c) refuse to publish the Advertisement

Notice of Cancellation: For print advertisements other than front covers and featured sponsorships, the Advertiser cannot cancel an advertising booking unless the Advertiser provides written notice of cancellation to the Publisher TWENTY BUSINESS DAYS prior to the closing date of Booking Deadline.

In the case of digital advertising cancellations, the Advertiser must provide written notice of cancellation to the Publisher at least TWENTY BUSINESS DAYS prior to the date the advertisement is due to go live.

Cancellation of Front Covers and Featured Sponsorships: If the Advertisement is for a front cover or a feature sponsorship, the Advertiser cannot cancel the advertising booking unless the Advertiser provides written notice of cancellation to the Publisher at least SIX WEEKS prior to the Booking Deadline.

Postponement: The Publisher reserves the right to postpone the publication of the Advertisement if, in the Publisher’s discretion, it is necessary to do so. Such postponement is not to be regarded as a breach of these Terms.

Positioning:  Positioning of Advertisements shall be at the absolute discretion of Publisher.

Usage Statistics:  Advertiser acknowledges that ISSA has not made any guarantees with respect to usage statistics or levels of impressions for any advertising it offers.  If Publisher provides Advertiser with any estimated usage, it is provided as a courtesy only and Publisher shall not be held liable for any claims related to said usage statistics.

Indemnification:   Advertiser (and its Agency if applicable) shall indemnify Publisher and hold Publisher harmless from any and all claims, lawsuits, judgments, liabilities, losses, costs, expenses, and damages of any nature whatsoever, including but not limited to reasonable attorney fees, resulting from or caused by the publication of any Advertisement placed by Advertiser or its Agency on account of any and all manner of claims, demands, actions and proceedings that may be instituted against Publisher, including but not limited to claims for libel, invasion of privacy, commercial appropriation of one’s name or likeness, copyright infringement, infringement on trademark, trade name or any other intellectual property right of any person, commercial defamation, false advertising, any inaccurate or unauthorized claims, or any other claim whether based in tort or contract, or on account of any applicable laws, rules and regulations related to deceptive trade practices.

Rejection of Advertisements.  Publisher reserves the right to not run any advertisement that it receives that is not in accordance with its policies, including but not limited to any advertisements that Publisher, in its absolute discretion, considers inappropriate, misleading, or offensive.  Publisher reserves the right to reject or cancel any advertisement, order or reservation for such advertisement at any time and to reject any URL link embodied within any such advertisement.

Exclusion of Liability: All express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Publisher, its publications and its services are hereby expressly excluded save for (a) the express provisions of these Terms; and (b) those conditions and warranties which must be implied under the laws of any State of Australia or the provisions of Division 2 of Part V of the Trade Practices Act 1974 and any statutory modification or re-enactment thereof.

The Publisher will not in any circumstances be liable for any damages including special, exemplary, punitive or consequential damages (including but not limited to economic loss or loss of profit or revenue or loss of opportunity) or indirect loss or damage of any kind arising in contract, tort or otherwise, even if advised of the possibility of such loss of profits or damages, and in no event will the Publisher be liable to the Advertiser for any damages whatsoever in excess of the cost of the Advertisement under these Terms.

Without limiting the above, the Publisher hereby excludes all liability for loss resulting from the: (a) failure of the Advertisement to appear on any specific date, or at all, for any cause whatsoever; and (b) faulty reproduction of the Advertisement by the Publisher or an error in the Advertisement, particularly when no colour proof of the Advertisement is supplied to the Publisher.

All risk in the Materials will, at all times, remain with the Advertiser. It is the Advertiser’s sole responsibility to insure the Materials from the time they are sent to the Publisher.

The Publisher shall not be considered to have breached these Terms (or any other terms between the parties relating to the Advertisement) unless the Advertiser has given the Publisher written notice of the alleged breach, specifying in detail the breach and giving until the next publication to remedy the alleged breach.

Should it be considered necessary by the Publisher to incur legal and/or any other expenses, including any such expenses to any debt collection agency, in obtaining, or attempting to obtain, payment for any amount due by the Customer, the Customer shall be liable for all such expenses. The Customer acknowledges that those expenses may be calculated on a commission basis at a percentage rate of up to 25% of the amount due and expressly agrees to pay those expenses irrespective of the amount of work actually performed by the agency.  

 

ISSA ABN 44 617 407 020

ISSA Oceania & Asia-Pacific

+61 417 740 156

[email protected]

www.issa.com/oceania