Byron Bazaar Terms and Conditions of Trade
Byron Bazaar Publishing Pty Ltd (ABN 93 600 689 325) is referred to as (“BB, us, our, we”) in this document.
Our Advertising Terms and Conditions set out our standard terms and conditions for advertising products and services we supply to advertisers in our publication.
For Business Advertisers, Personal / Private Advertisers and Content Providers
Every advertiser and advertising agency (“you”) who submits an order for advertising with BB, agrees to these terms and conditions. Your order and these Terms and Conditions form the basis of a contract between you and BB for the provision of the advertising ordered by you.
By submitting advertising material to BB or authorising or approving the publication of advertising material by BB on your behalf, you warrant that the advertising material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against BB, our partners, our directors, employees or agents. Without limiting the above, you warrant that the advertising material submitted, authorised or approved by you does not breach or infringe the Trade Practices Act (Cth), the Fair Trading Acts of relevant States of Australia or equivalent or other sale of goods legislation; any copyright, trade mark, obligation of confidentiality or other personal or proprietary rights; any law of defamation, obscenity or contempt of any court, tribunal or royal commission; State or Commonwealth anti-discrimination legislation; the Privacy Act (Cth); or any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory). By submitting, authorising or approving advertising material for publication by BB, you indemnify BB and our partners, our directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from the publication of the advertising material. Without limiting the generality of the above, you indemnify BB and our partners, our directors, employees and agents against any costs, expenses, losses, damages, liability and claims suffered or incurred and arising from your breach of these Terms and Conditions and any negligent or unlawful act or omission by you in connection with the advertising.
We exclude all implied conditions and warranties from these Terms and Conditions, except any condition or warranty (such as those implied by the Trade Practices Act) that cannot be excluded (“non-excluded conditions”). We limit our liability for: breach of any non-excluded condition (to the extent that liability for such breach can be limited); and any other error or omission in publishing caused by us; to (at our option) re-supply of the advertising services affected by our breach or payment of the cost of re-supply. Subject to the above, we exclude all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with these Terms and Conditions and any advertisement published by us, whether that liability arises in contract, tort (including by our negligence) or under statute. Without limitation, we will not, in any circumstance, be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
BB may, without prior consultation or notice to you, amend your advertisement in any way whatsoever, if BB believes that the publication of your advertisement would be offensive, in breach of any law, in breach of any pre-existing agreement we have with a third party or in breach of a third party’s rights. If we amend your advertisement, this will not reduce the price agreed for publication of the advertisement.
We may change these Terms and Conditions at any time without notice to you. Those changes will apply to the provision of advertising services after the date the change becomes effective. You and we will be bound by the Terms and Conditions that are current as at the date of your order.
These Terms and Conditions represent the entire agreement between you and us in relation to the advertising services and cannot be varied except by agreement in writing signed by one of our authorised officers. No purchase order or document issued by you will vary these Terms and Conditions. We will not be liable for any delay or failure to publish your advertisement that is caused by a factor outside of our reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint). Publication dates may vary due to local, state or National public holidays. We may serve a notice or any court document on you by forwarding them by prepaid post or facsimile to your last known address.
For Business Advertisers
Advert Design and Content
Advertisers are responsible for supplying the advert in the correct format by the advertised deadline. Adverts that require corrections or alterations will be made at our discretion to ensure our standards and print deadlines are met. The advertiser will pay the cost of such corrections or alterations unless otherwise agreed in advance.
If advert content is not supplied by our deadline we reserve the right to publish the most recent advert used, allocate the booked advertising space to another advertiser or with content of our choice. The advertiser will still be billed for the booked advertising space. If advert content is received by us after the relevant deadline and causes your campaign to be delayed, the publication of the advertisement will be considered to have commenced on the commencement date specified in the order. It is your responsibility to arrange and manage third party suppliers and provide such third party with the creative and lead time requirements. We will not compensate you where campaigns are affected or delayed in any way by third party supplier problems.
Any artwork images or text supplied and/or designed by BB on behalf of the client will remain the property of BB and/or its supplier. They will not be made available for use in other publications or advertising mediums without BB’s written permission.
BB does not allow the use of coupons, vouchers, cut/tear outs, “when you mention this ad”, “special offer with this ad” and such mechanics, discounts, promotions and/or offers within the publication.
You must pay BB for the advertising services in accordance with the terms of your order. Payment is required in advance of publication unless otherwise agreed. If no due date for payment is specified in your order, you must pay BB within 30 days of the date of the invoice. BB will invoice you monthly in advance. All rates and charges quoted are, unless expressly stated otherwise, inclusive of GST.
Failure to pay by the agreed date may result in late fees being added to your account and/or proceedings being taken against you to recover any overdue amount including costs in relation to any action taken against you by BB. Advertising rates are subject to variation at one month’s notice. Rate protection is given for series bookings that are in effect when rates are increased.
Personal Guarantee and Authorisation
Upon completing any or a combination of the following actions you accept you personally are both responsible and authorised to sign the contract, ensure the bill is paid and / or submit content on behalf of the business or organisation you represent:
- Signing and executing the BB advertising contract (by either hard or electronic copy)
- Making payment to BB
- Submitting material or instructions for adverts to BB
If the business you own or represent closes or is sold, the signatory of the contract remains responsible for payment of any amounts owing as per the contract. The contract can be transferred to the purchaser if both the purchaser and BB approve the transfer. If you fail to pay for the advertising services in accordance with your order and these Terms and Conditions, or if you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over any of your assets or if you resolve to wind up your company, then we may, at our absolute discretion, cancel any current advertising campaign and terminate any agreement for advertising that is yet to be published and take proceedings against you to recover any overdue amount including costs in relation to any action taken against you by BB.
Early Termination of Contract
All cancellations of existing contracts will incur a 75% cancellation fee calculated as 75% of remaining adverts booked as per the contract. The fee becomes payable immediately on receipt of advert cancellation instruction along with any other outstanding bills.
Any failure by BB to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.