Terms & Conditions
- In these terms and conditions; Advertiser means the person whose goods or services are advertised; Advertisement means an advertisement for goods or services; Buyer means the person placing the order for the insertion of the Advertisement; Subscriber means any person who receives a Nett Publishing Pty Ltd publication.
- All Advertisements accepted for publication by Nett Publishing Pty Ltd in any of its deliverables (print or online) are accepted subject to these terms and conditions. Any other conditions proposed by the Buyer shall be void unless accepted by Nett Publishing Pty Ltd in writing.
- All Advertisements and inserts are accepted subject to space being available.
- Nett Publishing Pty Ltd reserves the right to cancel any order without liability in the event of becoming aware of any meetings of creditors, bankruptcy, liquidation proceedings, the appointment of a receiver or administrative receiver over the whole or substantial part of the Buyer's assets, or any indication whatsoever of financial difficulties.
Delivery and Ownership of materials
- Copy must conform to Nett Publishing Pty Ltd requirements. Nett Publishing Pty Ltd reserves the right to reject an ad or insert if it does not conform to requirements or is deemed unsuitable or inappropriate. Nett Publishing Pty Ltd reserves the right to charge for any additional work involved in amending copy to conform to its requirements.
- Nett Publishing Pty Ltd reserves the right to substitute spam triggering words in email newsletter copy if they contribute to a high spam rating of the newsletter hindering its deliverability. The client will be notified of any changes and if time permits Nett Publishing Pty Ltd will seek approval from the client.
- Nett Publishing Pty Ltd reserves the right to charge the full price if creative content fails to arrive by the agreed time for publication.
- If an Advertisement links to a website site, the Buyer is responsible for maintaining the link and for the content of the linked site. Nett Publishing Pty Ltd may remove any Advertisement, or refuse inserts, which contains content or links to a site which, in Nett Publishing’s opinion, is defamatory or objectionable or will bring Nett Publishing Pty Ltd into disrepute. The Buyer will indemnify Nett Publishing Pty Ltd from and against any claims or liability arising from links contained in an Advertisement.
- If an Advertisement includes a promotion, competition or a special offer of merchandise the Advertiser must provide full details to Nett Publishing Pty Ltd on request.
Prices and Payment terms
- Series discounts apply only to orders placed in advance and completed within the agreed period. Nett Publishing Pty Ltd reserves the right to withdraw discounts in the event of a series of Advertisements not being completed within the agreed period.
- Credit accounts must be settled in accordance with the terms shown on the invoice. In default, all outstanding transactions will become liable for immediate settlement.
- Limitations on Nett Publishing’s Liability
12. Nett Publishing Pty Ltd accepts no responsibility for the quality of reproduction of any photograph supplied by the Buyer, its agents or servants.
13. Nett Publishing Pty Ltd accepts no responsibility for the level of response received to an advertisement.
14. The Buyer acknowledges that, because of the dynamic nature of the e-mail marketing industry, newsletter circulation figures provided by Nett Publishing Pty Ltd may vary by up to 10% above or below the actual circulation of a particular newsletter.
Rescheduling and suspension
- Nett Publishing Pty Ltd reserves the right to reschedule production (print or online) at its discretion.
- Requests by the Buyer to reschedule an Advertisement must be received in writing to Nett Publishing Pty Ltd. Print advertisements cannot be rescheduled or cancelled past the booking deadline for the issue in question. Online advertisements may not be rescheduled or cancelled more than 2 weeks from the live date.
- Nett Publishing Pty Ltd reserves the right to omit or suspend an Advertisement at any time for good reason, without liability to the Buyer and shall notify the Buyer as soon as possible. If such omission or suspension is due to the act or default of the Buyer, the Advertiser or their respective servants or agents, then the Buyer shall pay for the Advertisement in full not withstanding that the Advertisement has not been published.
Buyer's Warranties and Indemnities
- The Buyer warrants that the Advertisement does not contravene the Australian Advertising Standards and is not in breach of any relevant legislation.
- If any Advertisement submitted for publication contains pictorial representation (photographic or otherwise), the Buyer warrants that the Buyer or the Advertiser has obtained the authority of such use of the imagery.
- The Buyer will indemnify and hold harmless Nett Publishing Pty Ltd from and against any claim that the Advertisement infringes the copyright, trademark or other intellectual property rights of any person or that it is defamatory or infringes any other right of any person. Nett Publishing Pty Ltd reserves the right to withdraw and/or refuse to publish an Advertisement or insert without liability to the Buyer if it reasonably believes that the Advertisement or insert may make Nett Publishing Pty Ltd or the Advertiser liable to any complaint, claim or proceedings.
- The Buyer is solely responsible for fulfilling and dealing with any orders or enquiries relating to the goods, services or promotion to which the Advertisement relates and will indemnify and hold Nett Publishing Pty Ltd harmless accordingly.
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