Terms and Conditions of Advertising
FNQ Media Pty Ltd is the publisher of a range of specialist, niche and regional publications, websites and social media channels hereafter referred to as (“The Publisher”).
Our Advertising Terms and Conditions set out our standard terms and conditions for advertising products and services.
1. Every advertiser and advertising agency (advertiser) who submits an order for advertising in a magazine or website or email operated by the Publisher, agrees to accept these terms and conditions. Adverting orders, written or verbal and these Terms and Conditions form the basis of a contract between the advertiser and publisher for the provision of the advertising ordered.
2. The Publisher will, subject to availability, technical limitations and these Terms and Conditions, pursue all reasonable endeavours to publish the Advertiser’s advertisement in the format submitted by the Advertiser or approved proof designed by the Publisher and in accordance with the Advertisers other instructions. The positioning or placement of the Advertiser’s advertisement will be at the discretion of the Publisher unless expressly agreed otherwise in writing or at time of order.
3. The Publisher may, at our absolute discretion, refuse to publish any advertisement without giving any reason. No contract is formed between the Advertiser and the Publisher until the Publisher accepts the Advertiser advertisement for publication. If the Publishers do refuse to publish the Advertiser’s advertisement, no fee will be charged to the Advertiser unless the Advertiser is unable or refuses to provide alternative copy in a reasonable time.
Even if a contract has been formed between the Advertiser and the Publisher, the Publisher may reserve the right to refuse or withdraw the Advertiser’s advertisement from publication at any time, without giving reasons, even if the Publisher have previously published the same or similar advertisement. the Publisher may, at their absolute discretion and at no extra cost to the Advertiser, re-publish the Advertiser’s advertisement in any other place. the Advertiser acknowledges that the Publisher is entitled to publish the Advertiser advertisement anywhere in the world via any medium. The Publisher may, without prior consultation or notice to the Advertiser, amend the Advertisers advertisement in any way whatsoever, if the Publisher believe that the publication of the Advertiser advertisement would be offensive, in breach of any law, in breach of any pre-existing agreement the Publisher have with a third party or in breach of a third party’s rights. If the Publisher amends the Advertiser’s advertisement, this will not reduce the price agreed for publication of the advertisement. The Publisher reserves the right to vary the placement or positioning of the Advertiser’s advertisement and to change the format of the Advertiser advertisement where the Publisher deem fit to do so. the Publisher will endeavour to notify the Advertiser of those changes, but the Publisher will not be liable for any costs, expenses, consequential losses or damages suffered or incurred by the Advertiser arising from our failure to publish the Advertiser’s advertisement in accordance with the Advertiser’s request. The Publisher may title any advertising page as “Advertisement” whenever required to do so by law or whenever the Publisher considers it appropriate, for any reason, to distinguish it from other types of content.
4. The rate for the Advertiser’s advertisement will be as agreed by the Publisher and specified in the Advertising Agreement or booking form or exchange of confirmation email. The Advertiser must pay the Publisher for the advertising services in accordance with the terms of the Advertising order or agreement. If no due date for payment is specified in the Advertiser order, the Advertiser must pay the Publisher within 30 days of the date of the invoice. The Publisher will invoice the Advertiser in advance of publication and unless otherwise specified all invoices are to be settled prior to publication. All rates and charges quoted are, unless expressly stated otherwise, exclusive of GST. The Publisher will issue The Advertiser with a valid tax invoice and the Advertiser must pay the Publisher any applicable GST in addition to the rates and charges quoted to the Advertiser. Standard creative must be received at least 5 working days prior to publication date in the required CMYK PDF Format. If creative is received by the Publisher after the required date at the Publisher may have to commit the advertisement from the current edition and charge the Advertiser in full. It is the Advertiser responsibility to arrange suitably formatted copy and to ensure that for supplied copy all copyright, trademark and content laws are duly observed and complied with. The Publisher will not accept any liability derived from advertising copy received in good faith from a an Advertiser. If the Advertiser submits advertising material to the Publisher electronically, the material must comply with our specifications. The Publisher can reject the advertising material if it is not submitted in accordance with such specifications.
5. The Advertiser must promptly check any proofs of advertising, if the Publisher have arranged to provide the Advertiser with any design services. It is the Advertiser’s responsibility to notify the Publisher of any errors in the proofs or in any advertisement that the Publisher publish for the Advertiser, if proof corrections or copy changes have nit bee received from the advertiser by the specified deadlines the Publisher may at their discretion run the most recent version of artwork, a previously approved advertisement or withdraw the Advertisers advertisement from the publication but remaining with full liability for the cost of space booked. The Publisher’s do not accept any responsibility for errors in advertising material that has been submitted electronically by the Advertiser.
6. Cancellation of any advertisement or campaign must be received in writing from the Advertiser no less than 14 days before the copy receipt deadline date specified in the Advertising order or confirmation to be eligible to receive a 100% refund. Any cancellations of any nature received after the Cancellation Deadline as published in the Advertising Agreement are at the sole discretion of FNQ media Pty. Ltd. Any cancellations after this date will be subject to a minimum cancellation fee of 100% of the total cost of advertising. Campaigns cancelled at the Advertiser request after commencement will not be entitled to a refund.
7. If the Advertiser fails to pay for the advertising services in accordance with the Advertising confirmation or invoice and these Terms and Conditions, or if the Advertiser commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over any of the Advertiser assets or if the Advertiser resolve to wind up the Advertiser company, then the Publisher may (at our absolute discretion cancel any ongoing advertising campaign and terminate any agreement for advertising that is yet to be published and take proceedings against the Advertiser to recover any overdue amount including costs in relation to any action taken against the Advertiser by the Publisher. If, without prior arrangement or negotiation any advertising invoice remains outstanding for over 90 consecutive days from the invoice date the publisher reserves the right to remove any discounts applied to the original order and apply the equivalent of 5% interest on the entire amount outstanding retrospectively for each calendar month outstanding. For any debt more than 100 days outstanding with prior agreement between the publisher and the advertiser will be referred to a third party collection agency, with any actions collection, legal or court fees being added to the original and current outstanding.
8. By submitting advertising material to, or by sending approval or instruction for or to the Publisher or authorising or approving the publication of advertising material created by the Publisher on behalf of the Advertiser behalf, the Advertiser warrants that advertising material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against the Publisher, our partners, our directors, employees or agents. Without limiting the above, the Advertiser warrant that the advertising material submitted, authorised or approved by the Advertiser does not breach or infringe 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. By submitting, authorising or approving advertising material for publication by the Publisher, the Advertiser indemnify the Publisher 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, the Advertiser will indemnify the Publisher and our partners, our directors, employees and agents against any costs, expenses, losses, damages, liability and claims suffered or incurred and arising from the Advertiser breach of these Terms and Conditions and any negligent or unlawful act or omission by the Advertiser in connection with the advertising.
9. The Publisher makes no representation or warranty in relation to the number of visitors to our websites, social media or the number of readers for any made expressly in writing by the Publisher, all future visitor, reach or readership numbers are for estimate only. Except for any warranty or representation made expressly in writing by the Publisher, the Advertiser acknowledge that the Advertiser has not relied on any advice given or representation made by the Publisher or on it’s behalf in connection with the efficacy, returns and outcome of advertising.
10. The Publisher will have no liability to the Advertiser and the Advertiser will indemnify the Publisher in relation to any failure of telecommunications services or systems which affect our receipt of the Advertiser advertisement or the publication of the Advertiser advertisement.
11. The Publisher excludes all implied conditions and warranties from these Terms and Conditions, except any condition or warranty which cannot be excluded. The Publisher limits their liability for: breach of any non-excluded condition; and any other error or omission in publishing caused by the Publisher; to re-supply of the advertising services affected by our breach or payment of the cost of re-supply. Subject to the above, the Publisher exclude all other liability to the Advertiser for any costs, expenses, losses and damages suffered or incurred by the Advertiser in connection with these Terms and Conditions and any advertisement published by the Publisher, whether that liability arises in contract, tort (including by our negligence) or under statute. Without limitation, the Publisher 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.
12. The Publisher may change these Terms and Conditions at any time without notice to the Advertiser. Those changes will apply to the provision of advertising services after the date the change becomes effective. the Advertiser and the Publisher will be bound by the Terms and Conditions that are current as at the date of the Advertiser order.
13. These Terms and Conditions, together with the Advertiser Advertising Agreement, represent the entire agreement between the Advertiser and the Publisher in relation to the advertising services and cannot be varied except by agreement in writing signed by one of the Publishers authorised officers. No purchase order or document issued by the Advertiser will vary these Terms and Conditions. the Publisher will not be liable for any delay or failure to publish the Advertiser 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). The Publisher may serve a notice or any court document on the Advertiser by forwarding them by prepaid post or facsimile to the Advertiser last known address.
Participation and Conduct
During the term of this Agreement, FNQ MEDIA PTY LTD grants to the Advertiser a terminable, at-will, non-exclusive license to use and display the provided artwork, and to download or receive digitally materials used for publication, all solely for the Advertiser, for commercial use.
The Advertiser may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license.
The Advertiser agree to indemnify FNQ Media Pty Ltd and its officers and employees from and against all liabilities, judgments, damages, and costs (including Legal fees) incurred by any of them that arise out of or are related to the content that the Advertiser reproduces.
Intellectual Property Infringement Claims
It is the policy of FNQ Media Pty Ltd to respond expeditiously to claims of intellectual property infringement. FNQ Media Pty Ltd will promptly process and investigate notices of alleged infringement and will take appropriate actions under the relevant Act and other applicable intellectual property laws.
All requests for licensing, reprints, linking and other usage of material on related websites should be addressed to license@FNQMEDIA.com.au. The Publisher will review any Advertiser requests, and provide the Advertiser with an approval or rejection as soon as the Publisher have evaluated the request.
Any failure by FNQ Media Pty Ltd 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.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.