MAGAZINE TERMS AND CONDITIONS
These terms apply to all advertising provided by RESIDENT MAGAZINE PTY LTD ABN 67 113 192 242 or a subsidiary (“Resident”) in the following print publications: RESIDENT FRONTIER LIVING – THE ANNUAL EDITION (Advertising). In these terms, Advertising includes images submitted for publication and content or information relating to published advertisements; and Customer includes an advertiser on whose behalf Advertising is placed and any media company or agency that arranges the Advertising for its clients.
- Publication of Advertising
1.1 Subject to these Terms, in providing Advertising to a Customer, Domain will use its reasonable endeavours to publish the Advertising in the format and in the position agreed with the Customer.
1.2 Customer grants Resident a worldwide, royalty-free, non-exclusive, irrevocable licence to publish, and to sub-licence the publication of, the Advertising in any form or medium, including print, online or other. Customer warrants that it is authorised to grant Resident the licence in this clause 1.
- Right to Refuse Advertising
2.1 Neither these Terms nor any written or verbal quotation by Resident represents an agreement to publish Advertising. An agreement to publish the Advertising will only be formed between Resident and Customer when Resident accepts the Advertising in writing or generates a tax invoice for that Advertising.
2.2 Resident reserves the right to refuse or withdraw from publication any Advertising at any time that, in the opinion of Resident is illegal, defamatory, offensive, obscene and/or contrary to the business interest, goodwill and/or reputation of Resident or any of its customers or vendors or is likely to infringe on the rights of third parties (even if the Advertising has previously been published by Resident main).
- Right to vary Format, Placement or Distribution
3.1 Resident will use reasonable efforts to publish Advertising in the format and in the position requested by the Customer. However, Resident reserves the right to vary the placement of Advertising within a title or to change the format of Advertising. Customer must pay the full price for Advertising even if Resident varies the format or placement of the Advertising.
3.2 Except in accordance with clause 12, Resident will not be liable for any loss or damage incurred by a Customer arising from Resident’s failure to publish Advertising in the format and position requested by the Customer.
3.3 If Resident changes the press configuration for a publication, Resident reserves the right to shrink or enlarge the Advertising by up to 10% without notice to Customer or any change to rates.
- Submission of Advertising
4.1 Customer warrants to Resident that the publication of the Advertising does not breach or infringe:
(a) the Competition and Consumer Act (Cth) or equivalent State legislation;
(b) any copyright, trade mark, obligation of confidentiality or other personal or proprietary right;
(c) any law of defamation, obscenity or contempt of any court, tribunal or royal commission;
(d) State or Commonwealth privacy legislation or anti-discrimination legislation;
(e) any financial services law as defined in the Corporations Act 2001 (Cth); or
(f) any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).
4.2 Customer warrants that if Advertising contains the name or photographic or pictorial representation of any living person and/or any copy by which any living person can be identified, the Customer has obtained the authority of that person to make use of his/her name or representation or the copy.
4.3 Advertising containing contact details for the Customer must contain the full name and street address of the Customer and any other information required by law to be including in Advertising by law. Post office box and email addresses alone are insufficient.
4.4 If a Customer submits Advertising that looks, in Resident’s opinion, like editorial material, Resident may publish the Advertising under the heading “Advertising” with a border distinguishing it from editorial.
4.5 Advertising submitted electronically must comply with Resident’s specifications. Resident may reject the Advertising material if it is not submitted in accordance with such specifications.
4.6 Advertising material delivered digitally must include the Resident booking or material identification number.
4.7 If Customer is a corporation and the Advertising contains the price for consumer goods or services, Customer warrants that the Advertising complies with the component pricing provisions of the Competition and Consumer Act (Cth) and contains, as a single price, the minimum total price to the extent quantifiable at time of the Advertising.
4.8 Customer must not resell Advertising space to any third party without Resident’s consent.
4.9 If Advertising promotes a competition or trade promotion, Customer warrants it has obtained all relevant permits and indemnifies Resident against any loss in connection with the Advertising.
- Classified Advertising
Resident has the discretion to publish classified Advertising under the classification heading it determines is most appropriate. These headings are for the convenience of readers. Resident has the discretion to publish classified display Advertising sorted by alphabetical caption and, where space permits, with related line Advertising.
6.1 Customer must promptly check proofs of Advertising (if provided to the Customer by Resident and notify Resident of any errors in the proofs or in published Advertising.
6.2 Resident does not accept responsibility for any errors submitted by the Customer or its agent, including errors in Advertising placed over the telephone.
6.3 Customer must send any claim for credit or republication in writing to Resident no later than 7 days after the date of publication of the Advertising.
- Advertising Rates and GST
7.1 The Customer must pay for Advertising, unless otherwise agreed, at the casual ratecard rate. Ratecard rates may be varied at any time by Resident without notice. Customer must pay GST at the time it pays for Advertising. Resident will provide a tax invoice or adjustment note (as applicable).
7.2 Eligibility for discounts will be based on the Customer’s GST-exclusive advertising spend.
- Credit and Customer Accounts
Resident may grant, deny or withdraw credit to a Customer at any time in its discretion. Customer must ensure that its Customer account number is available only to those employees authorised to use it. Customer acknowledges it will be liable for all Advertising placed under Customer’s account number.
9.1 The Customer must pre-pay 50% for Special Advertising via QR Code as required by Resident If a commercial account has been established with Resident The balance payment must be by 31 May. The pre-pay 50% is a non-refundable deposit.
9.2 If Customer fails to provide the copy for a booking by the publication deadline, Resident may, at its sole discretion, still accept the Advertising after the deadline. If the Advertising is ultimately not published because of Customer’s failure to deliver the copy in sufficient time after the publication deadline, Customer will still be charged for the Advertising and Customer has no claim against Resident for credit, republication or other remedy for out of deadline Advertising.
9.3 If Customer wishes to cancel any Advertising they will forfeit the 50% non-refundable deposit for the Special Advertising via QR Code but fails to do so before the booking deadline, 31 March, then whether or not the Advertising is ultimately published, Customer will be charged for the Advertising and Customer has no claim against Resident for credit or any other remedy in respect of the Advertising or the out of deadline cancellations.
9.4 Customer must pay the full price for Advertising even if there is an error in the Advertising, unless the error was Resident’s fault.
9.5 Customer must pay its electronic transmission costs.
9.6 To the extent that Resident incurs any third party costs on the Customer’s behalf (e.g. production costs) which it is not able to be reimbursed for from a third party, the Customer will be required to pay this amount to Resident regardless of whether the Advertising is postponed or cancelled.
- Failure to Pay and Other Breach
10.1 If Customer breaches these terms, fails to pay for Advertising or suffers an Insolvency Event (defined in clause 10.2), Resident may (in its discretion and without limitation):
- a) cancel any provision of credit to Customer;
- b) require cash pre-payment for further Advertising;
- c) charge interest on all overdue amounts at the rate 2% above the NAB Overdraft Base Rate;
- d) take proceedings against the Customer for any outstanding amounts;
- e) recover Resident’s costs including mercantile agency and legal costs on a full indemnity basis;
- f) cease publication of further Advertising or suspend an agreement for Advertising not yet published until the breach is remedied and if it is not remedied within 10 Business Days, Resident may terminate an agreement for Advertising not published;
- g) exercise any other rights at law.
10.2 A Customer suffers an “Insolvency Event” if:
- a) Customer is a natural person and commits an act of bankruptcy; or
- B) Customer is a body corporate and cannot pay its debts as and when they fall due or enters an arrangement with its creditors other than in the ordinary course of business or passes a resolution for administration, winding up or liquidation (other than for the purposes of reorganisation or reconstruction); or has a receiver, manager, liquidator or administrator appointed to any of its property or assets or has a petition presented for its winding up.
10.3 Resident may withhold any discounts if Customer fails to comply with its payment obligations.
10.4 A written statement of debt signed by an authorised employee of Resident is evidence of the amount owed by the Customer to Resident.
11.1 Each of the parties excludes all implied conditions and warranties from these terms, except any condition or warranty (such as conditions and warranties implied by the Competition and Consumer Act 2010 and equivalent State acts) which cannot by law be excluded (“Non-excludable Condition“).
11.2 Each of the parties limits its liability for:
- a) breach of any Non-excludable Condition (to the extent such liability can be limited); and
- b) for any breach of contract caused by or contributed by a party,
in the case of Resident to the re-supply of the Advertising if reasonably possible or payment of the cost of re-supply to Customer and in the case of Customer, the amount paid for the Advertising.
11.3 Subject to clause 11.1, neither party will, in any circumstances, be liable to the other for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.
11.4 Subject to clause 11.2, the Customer indemnifies Resident and its officers, employees, contractors and agents (the “Indemnified“) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Customer’s breach of these Terms and any negligent or unlawful act or omission of the Customer in connection with the Advertising.
12.1 Resident collects a Customer’s personal information to provide the Advertising to the Customer and for invoicing purposes. Resident may disclose this personal information to its related bodies corporate, to credit reporting agencies and other third parties as part of provision of the Advertising and for overdue accounts, to debt collection agencies to recover amounts owing.
12.2 Resident provides some published Advertising to third party service providers. Where such Advertising contains personal information, Customer consents to the disclosure of their personal information in the advertising to third parties and to the personal information being republished by a third party.
13.1 Each party will treat as confidential, and will procure that its advertising agents, other agents, and contractors (“Agents“) treat as confidential and will not disclose, unless disclosure is required by law:
- a) the terms of this Agreement (including ancillary terms relating to volumes and pricing);
- b) information generated for the performance of this Agreement, including all data relating to advertising schedules, budgets, forecasts, booked advertising, prices or volumes;
- c) any other information that ought in good faith to be treated as confidential given the circumstances of disclosure or the nature of the information; and
- d) any information derived wholly or partly for any information referred to in (a) to (c) above.
13.2 Each party agrees to take all reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of the confidential information by or on behalf of itself or any third party.
14.1 These Terms, with any other written agreement, represent the entire agreement of the Customer and Resident for Advertising. They can only be varied in writing by an authorised officer of Resident main. No purchase order or other document issued by the Customer will vary these Terms.
14.2 Resident will not be liable for any delay or failure to publish Advertising caused by a factor outside Resident’s reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
14.3 Resident may serve notice on Customer by post or email to the last known address of the Customer.
14.4 These Terms are governed by the laws of the Northern Territory each party submits to the non-exclusive jurisdiction of that State