These are the terms and conditions upon which we accept advertising material for online publication from you. Any other conditions proposed by you shall be void unless accepted by us in writing. In these terms and conditions:
“We”, “us” and “our” means AdviserVoice Pty Limited ABN 17 145 288 375;
“You” means the advertiser.
GIVING US MATERIAL
When you provide us material for publication on AdviserVoice, you warrant that
- you own that material or have the right to use and publish that material;
- the material does not breach any law or the rights of any other person;
- you have the right to represent the individual, entity, product or service mentioned in the material; and
- you are bound by our terms and conditions and will pay our rate applicable to your material.
We will tell you the due date for provision of all materials. If you do not supply us with the materials by the due date, we may insert previous material or charge you for the space that has been booked. If the materials you supply do not comply with our requirements and specifications so as to allow its inclusion on our website, we will ask you to rectify or adapt the materials to enable the material to be in a form for inclusion. If you require us to do this, you will be invoiced accordingly for work undertaken at trade house rates plus 20%.
We will not, at any time or under any circumstances, be liable for any loss or damage to your materials.
If you wish to stop publication of the material or if you request work we are doing for you to stop after you have instructed us to proceed with the work, you must request our consent in writing. If we do consent, you must pay us:
- any expenses we have incurred relating to the acceptance or preparation of your material for publication; and
- in our absolute discretion, a cancellation fee of up to 100% of the value of the advertising or of the work being done.
OUR PRICING AND PAYMENT
- Our prices are listed in our Rate Card and unless otherwise stated are exclusive of GST. The Rate Card and these terms and conditions are subject to change at any time by us and without notice to you.
- Unless otherwise agreed upon at time of material submission, accredited advertising agencies that are approved by us will receive a standard 10% agency discount off the current Rate Card prices. No discount will be given in respect of material that is for the direct benefit of the agency.
- All tax invoices are presented in Australian Dollars unless specified otherwise.
- Payment is required in Australian Dollars.
We will send you a tax invoice and unless otherwise agreed, you must pay us for publication of the material or any other work that we are providing to you, within the time stipulated on our tax invoice.
If you do not pay us the full amount within the time stipulated in the tax invoice, we may remove your material from our Publications and stop any other work that we may be doing for you. You agree that we may recover the outstanding amount specified in the invoice together with interest, our legal costs, bank fees and charges, any other expenses incurred in attempting to recover the debt and any fees and commissions or other amounts we pay to any collection agency to act on our behalf.
We may, in our sole discretion:
- refuse to publish any advertisement you give us; and
- remove any existing advertisement from our website without notice.
ADVERTISEMENTS SERVING AND REDIRECTS
We serve your online advertisements in our publication in-house. At your request, we can provide you with statistical reports about the performance of your online advertising campaign.
- casual displacement, omission, inability or failure to publish an advertisement on our website does not invalidate this contract.
- Every care will be taken to ensure prompt insertion of the material but we will not be liable for any loss occasioned by the failure of the material to appear on any specified date on our website.
- If we are unable to publish the material for any reason, we will only be liable to you for a maximum refund of the amount you paid us for the publication of the material subject to a pro rata reduction to take into account the period of advertisement downtime experienced.
- To the extent possible, all implied and express warranties in legislation (including federal and state trade practices and sale of goods legislation) that may give you greater rights than are expressed in this clause are negatived.
You will indemnify us against all suits, claims and demands made against us and loss or damage suffered by us arising from our publication of your material due to:
- a breach of your warranty in clause 1;
- any allegation that we have breached any intellectual property rights of any third party;and
- any other civil or criminal liability we may be exposed to.
For the purpose of obtaining or providing a credit check/reference, you authorise us to make enquiries and to use, exchange and disclose to any credit provider or credit reporting agency, any or all information we know or obtain concerning your creditworthiness.
The law in force in New South Wales, Australia governs these terms and conditions.
IMPORTANT PRIVACY NOTICE
We collect the information on this form for the purposes of processing your order, making credit enquiries, keeping you informed about upcoming events and assisting in improving our service to you. We do not disclose the information to any third party.