Terms and Conditions of Advertisers
Geelong Social Media will only accept bookings for the publication of advertisements on the following terms:
Prices quoted are, unless otherwise stated, exclusive of goods and services tax (GST) and agency commission, and are valid, unless withdrawn, for 30 days from the date of quotation, provided the first publication of an advertisement for an Advertiser occurs within 30 days of the date of acceptance of the quotation by the Advertiser.
- Artwork & Graphic Design
In these Advertising Terms a reference to the word “artwork” includes, but is not limited to, text, image(s), diagram(s), table(s), a colour scheme, a design or ‘get up’.
The Advertiser will be responsible to obtain clearance from the copyright owner of any artwork supplied by the Advertiser. Geelong Social Media shall not be responsible for errors in the Advertiser’s artwork. The Advertiser is also responsible to ensure that the artwork is not misleading or defamatory in any way. The Advertiser will indemnify Geelong Social Media for any loss suffered by Geelong Social Media , its servants or agents, if the Advertiser fails to honour its obligations as outlined above.
The Advertiser will be responsible for supplying artwork in a format acceptable to Geelong Social Media by the copy deadline. The Advertiser should refer to Geelong Social Media ’s guidelines for supplying artwork for information in regard to the acceptable format of artwork. The Advertiser agrees that it may incur additional charges if Geelong Social Media agrees to accept artwork for the advertisement after the copy deadline. Production of the advertisement will commence only when Geelong Social Media receives the Advertiser’s written agreement to proceed subject to these Advertising Terms and approved proofs of the artwork. Geelong Social Media will retain copyright in any artwork it prepares and reserves the right to charge the Advertiser for supplying such artwork to a third party.
Geelong Social Media will use its best endeavours to produce the advertisement in accordance with the Advertiser’s instructions on a timely basis. The Advertiser will ensure that all design assets, fonts, images and design are owned by the Advertiser. Copyright will not be the responsibility of Geelong Social Media. The Advertiser agrees that it may incur additional charges if the Advertiser changes its instructions. Geelong Social Media reserves the right not to publish an advertisement for any reason and without obligation to notify the Advertiser before any deadline. Geelong Social Media does not accept responsibility if an advertisement is not published in a particular edition of any of Geelong Social Media’s publications, or at all. If Geelong Social Media is delayed by any circumstance or event beyond its control, then it may suspend or discontinue publication of any of its publications. Geelong Social Media shall not be liable to the Advertiser for any consequential loss or damage arising from the non-publication of the Advertiser’s advertisement.
The Advertiser must pay to Geelong Social Media the invoiced amount for the advertisement, including GST, BEFORE the advertisement is shown prior to the deadline for final proof of the advertisement. There are no credit accounts for Geelong Social Media Publications. If the Advertiser commits any act of insolvency, all money owing by the Advertiser to Geelong Social Media , will become due and payable immediately. Geelong Social Media reserves the right to suspend, with or without notice, any services if any payment due by the Advertiser to Geelong Social Media is overdue. Please note that Geelong Social Media will not bear the cost of any bank fees incurred when making payment.
Cancellations are at the discretion of Geelong Social Media and applications to cancel publication of an advertisement must be made to Geelong Social Media in writing by the Advertiser. If a cancellation is accepted by Geelong Social Media , the Advertiser agrees to pay a cancellation fee of 15% of the rate quoted if cancelled prior to the booking deadline, and 50% of the rate quoted if cancelled after the booking deadline; otherwise the Advertiser will pay the full amount quoted with respect to publication of the advertisement.
- Limitation Of Liability
To the extent permitted by law, Geelong Social Media and its servants and agents are not liable for any loss or damage (including without limitation loss or damage caused by the negligence of Geelong Social Media , or its servants or agents, and incidental and consequential loss or damage) arising from or in connection with the supply of goods or services. To the extent permitted by law, the liability of Geelong Social Media or its servants or agents (including liability for negligence) is limited to republishing an advertisement in a subsequent edition of the publication. Geelong Social Media is not liable for any loss or damage the Advertiser may suffer if Geelong Social Media cannot do what it has promised because of events beyond its reasonable control. Geelong Social Media does not warrant the effectiveness of an advertisement as such the Advertiser relies on its own skill and judgement in this regard.
- Entire Agreement
The Advertiser agrees that Geelong Social Media will only supply goods and services pursuant to these Advertising Terms. An agreement between the parties may not be varied without the prior written consent of Geelong Social Media .
- Governing Law
The laws applying in Victoria, Australia, govern these Advertising Terms. The parties agree to submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.
These Advertising Terms are qualified by any provision of a law which applies and which cannot be excluded. If any provision of these Advertising Terms is deemed to be unlawful or unenforceable, such provision shall be severed from these Advertising Terms and all other provisions hereof shall remain in force.
- Indemnity by Advertiser
The Advertiser will indemnify Geelong Social Media for any loss suffered by Geelong Social Media , its servants or agents, if the Advertiser fails to honour its obligations as outlined above.