1. Publication of Advertising
1.1. Subject to these Terms, nextmedia will use its reasonable endeavours to publish advertising submitted by Client (‘Advertising’) in the format submitted by the Client and in accordance with the placement instructions of the Client. ‘Advertising’ includes images submitted for publication.
1.2. Client grants nextmedia a worldwide, royalty-free, nonexclusive, irrevocable licence to publish, and to sub-licence the publication of, the Advertising in any form and in any medium. Client warrants that it has the right and authority to grant nextmedia the licence referred to in this clause 1.2
2. Right to Refuse Advertising
2.1. Neither these Terms nor any written or verbal quotation by nextmedia represent an offer to publish Advertising. A binding contract in relation to a request for Advertising will only be formed between nextmedia and a Client when nextmedia accepts the Advertising in writing.
2.2. Even if a contract has been formed in accordance with the above clause, nextmedia reserves the right to refuse or withdraw from publication any Advertising at any time without giving reasons (even if the Advertising has previously been published by nextmedia).
3. Right to Vary Format and Placement
3.1. nextmedia reserves the right;
(a) to vary the placement of Advertising within a particular print title or Internet site; and
(b) to change the format of Advertising.
3.2. nextmedia will endeavour to notify the Client of any such changes. However, except in accordance with clause 2, nextmedia will not be liable for any costs, expenses, losses or damages suffered or incurred by a Client arising from nextmedia’s failure to publish Advertising in accordance with a Client’s request.
3.3. If nextmedia changes the production environment, nextmedia reserves the right to shrink or enlarge the size of the print Advertising by up to 10% or modify the online Advertising without notifying the Client and without change to the rates for that Advertising.
3.4. nextmedia will publish print Advertising under the classification heading that it determines is most appropriate. Print Advertising headings are for the convenience of readers and are determined at the discretion of nextmedia.
4. Creative Services
4.1. Where, in connection with the provision of the Servi
ces, nextmedia provides creative services (including services for online media campaigns) to Client, Client acknowledges that nextmedia does so as agent for Client and Client: (a) is solely responsible for; and
(b) provides the warranties set out in these terms in relation to, any Advertising which is the product of such creative services, including its compliance with applicable laws, regulations and codes of conduct.
(c) once nextmedia has received client approval for the created content, responsibility of any incorrect information displayed in the advertising content rests solely with the Client.
4.2. Any text, images or logos that Client wants to include in Advertising material being created by nextmedia must be provided to Nextmedia at Client’s cost within the timeframes notified by nextmedia to Client.
4.3. If Client cancels a Booking at any time, Client remains liable for the production costs for any Advertising material created by nextmedia in connection with the Booking at the time of cancellation.
Any written or verbal quotation provided by nextmedia to Client, whether in the form of a media kit or otherwise, is a mere invitation to treat and does not constitute a contractual offer.
6. Submission of Advertising
6.1. Client warrants to nextmedia that the Advertising and the publication by nextmedia of the Advertising does not breach or infringe:
(a) the Trade Practices Act (Commonwealth), Fair Trading Acts (State) or equivalent 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 anti-discrimination legislation;
(e) the Privacy Act (Commonwealth);
(f) the financial services provisions of the Corporations Act; or
(g) any law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or any State or Territory).
6.2. Client warrants that in respect of Advertising that 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 Client has obtained the authority of that person to make use of his/her name or representation or the copy.
6.3. Client must not submit Advertising for publication that contains contact details for the Client unless those contact details include the full name and street address of the Client. Post office box and email addresses alone are insufficient.
6.4. If a Client submits Advertising that looks, in nextmedia’s opinion, like editorial material, nextmedia may publish the Advertising under the heading ‘Advertising’ and with a border distinguishing it from editorial.
6.5. nextmedia will endeavour to take reasonable care of Advertising material in its custody and control, but will not be responsible for any loss or damage to Advertising material (even if caused by nextmedia’s negligence).
6.6. All Advertising material submitted by the Client must comply with nextmedia’s specifications which are available at www.nextmedia.com.au. nextmedia may reject the Advertising material if it is not submitted in accordance with such specifications.
6.7. Print Advertising material must be submitted prior to the “Advertising Material Deadline” for the publication. Deadline information is found at www.nextmedia.com.au or upon request.
6.8. nextmedia reserves the right to charge the Client for print Advertising if creative materials are not submitted in accordance with clause 6.7.
6.9. For online advertising, the Client must submit creative materials adhering to supplied specifications to nextmedia a week prior to the scheduled publication date.
6.9.1. In the event of any technical issues associated with animated creative, nextmedia reserves the right to substitute the creative with said creative’s backup image.
6.10. nextmedia reserves the right to charge the Client for online Advertising if creative materials are not submitted in accordance with clause 6.9.
7.1. nextmedia reserves the right to distribute inserts for more than one Advertiser at any time.
7.2. All materials to be inserted into a publication must be delivered to nextmedia in accordance with all requirements of nextmedia including delivery address, deadlines, packaging and bundling requirements.
7.3. nextmedia, including its agents and contractors, may delay the distribution of inserts, if they reasonably believe that the quality or delivery of the relevant publication is likely to be jeopardised by the inclusion of the insert.
7.4. Additional charges may need to be agreed between the parties where:
(a) insert materials are to be held by nextmedia at the premises of the nextmedia (or its agents) for more than two weeks; or
(b) insert materials are to be re-consigned or require additional packing or handling.
7.5. Risk in the insert materials remains with the Advertiser at all times.
8. Advertising Publishing & Performance
8.1. nextmedia will measure online display and banner Advertising (including impressions delivered and clicks achieved) through its own ad-serving systems. Results from Client or third party ad-servers will not be accepted for the purposes of nextmedia’s billing and assessment of Advertising
8.1.1. When an ad server delivers line items that are hosted by a third party, reporting discrepancies between the two systems occur, and it is common to see campaign variances of up to 20%. Discrepancies may result from latency, network connection and server reliability, ad blockers, low impression goals, tracking methodologies and filtering.
8.2. Subject to clause 2, nextmedia is not liable for any loss, damages or liabilities arising from a failure of the internet or any telecommunications structure.
8.3. Client acknowledges that nextmedia may at its discretion include additional features or inclusions such as third party advertisements within online classified Advertising.
9.1. nextmedia does not accept responsibility for any errors in Advertising placed over the telephone.
9.2. nextmedia does not accept responsibility for any errors in Advertising material received from third parties.
9.3. If a Client wishes to make a claim on nextmedia for credit, re-publication or any other remedy in respect of Advertising, the Client must send the claim in writing to nextmedia no later than 7 days after the date of the tax invoice.
9.4. nextmedia will only investigate complaints during normal office hours (9am to 5pm, Monday to Friday excluding public holidays).
10. Advertising Rates and GST
10.1. The Client must pay for Advertising with the rates in nextmedia’s Ratecard, unless otherwise agreed, at the casual or basic rate. Ratecard rates
(a) may be varied at any time by nextmedia without notice.
(b) are exclusive of taxes, duties or GST (‘Taxes’) unless the Ratecard specifies that GST or other Taxes are included.
10.2. Unless otherwise agreed at the time we accept your material, accredited advertising agencies that are approved by us will receive a standard 10% agency discount off the Rate Card prices. No discount will be given in respect of material that is for the direct benefit of the agency.
10.3. All amounts shown on our Ratecards are in Australian Dollars unless specified otherwise.
10.4. Any dispute the Client has with an invoice must be raised with nextmedia promptly and no later than 45 days after the invoice date. After that time, Client will be deemed to have accepted that the full amount set out in the issued invoice is due and payable by Client.
11.1. If you wish to stop publication of Advertising or if you request work we are doing for you to stop after you have instructed us to proceed with the work, you must request our consent in writing and
(a) for print Advertising, the Client must cancel Advertising in writing prior to “Booking Deadline” date. Covers cannot be cancelled, and
(b) for online Advertising, the Client must cancel online Advertising in writing at least 15 days before the publication date
11.2. If we do consent you must pay us:
(a) in our absolute discretion, a cancellation fee of up to 100% of the Advertising booking or of the work being done.
12.1. nextmedia may grant, deny or withdraw credit to a Client at any time in its discretion.
12.2. The Client must ensure that its Client account number is available only to those of its employees authorised to use it. The Client acknowledges that it will be liable for all Advertising requested with the quotation of the Client’s account number.
12.3. For the purpose of obtaining or providing a credit check/reference, you authorise us to make enquiries and to use, exchange and disclose to any credit provider or credit reporting agency, any or all information we know or obtain concerning your credit worthiness.
13.1. All amounts shown on our tax invoices are in Australian Dollars unless specified otherwise.
13.2. The Client must pay in Australian Dollars.
13.3. The Client must pay for Advertising
(a) by prepayment, if so required by nextmedia; and
(b) within 30 days after the date of the invoice if a commercial account has been established with nextmedia
(c) within 45 days from end of month (EOM) of invoice if an advertising Agency account has been established with nextmedia.
13.4. The Client must pay:
(a) for Advertising in accordance with the size of the Advertising material lodged by the Client, or the Advertising space ordered by the Client, whichever is greater; If Client fails to provide the copy or material for space that is booked, Client will still be charged unless a cancellation is approved by nextmedia.
(b) the full price for Advertising even if nextmedia has exercised its right to vary the format or placement of the Advertising and even if there is an error or omission in the Advertising (unless the error or omission was the fault of nextmedia).
14. Failure to Pay and other Breach
14.1. If a Client breaches these terms and conditions or fails to pay for Advertising in accordance with clause 13 or if a Client suffers an Insolvency Event as defined in clause 14.2, nextmedia may (in its discretion and without limitation);
(a) cancel any provision of credit to the Client
(b) require cash pre-payment for further Advertising
(c) charge interest on all overdue amounts at the rate 2% above the National Australia Bank Overdraft Base Rate
(d) take proceedings against the Client for any outstanding amounts
(e) recover from the Client all costs relating to any action taken by nextmedia to recover amounts owing for Advertising, including without limitation any mercantile agency costs and legal costs on a full indemnity basis
(f) cease publication of any further Advertising on behalf of the Client and terminate any agreement in relation to Advertising not yet published; and
(g) exercise any other rights at law.
14.2. A Client suffers an ‘Insolvency Event’ if:
(a) the Client is a natural person and the Client commits an act of bankruptcy
(b) the Client is a body corporate and the Client:
(i) cannot pay its debts as and when they fall due;
(ii) enters an arrangement with creditors other than in the ordinary course of business;
(iii) passes a resolution for administration, wind up or liquidation (other than for the purposes of re-organisation or reconstruction);
(iv) has a receiver, manager, liquidator or administrator is appointed to any of its property or assets; or
(v) has had a petition presented for the winding up of the Client.
14.3. A written statement of debt duly signed by an authorised employee of nextmedia shall be prima facie evidence and proof of the amount owed by the Client to nextmedia.
15. Liability and Indemnity
15.1. The Client acknowledges that it has not relied on any advice given or representation made by or on behalf of nextmedia in connection with the Advertising.
15.2. nextmedia excludes all implied conditions and warranties from these Terms, except any condition or warranty (such as conditions and warranties implied by the Trade Practices Act and equivalent State acts) which cannot by law be excluded (‘Non-excludable Condition’).
15.3. nextmedia limits its liability:
(a) for breach of any Non-Excludable Condition (to the extent that liability for such breach can by law be limited); and
(b) for any other error or omission in published Advertising caused by nextmedia, at nextmedia’s option, to re-supply of the Advertising affected by the breach, or payment of the cost of re-supply.
15.4. Subject to clauses 15.2 and 15.3, nextmedia excludes all other liability to the Client for any costs, expenses, losses and damages suffered or incurred by the Client in connection with these Terms and any Advertising published by nextmedia, whether that liability arises in contract, tort (including by nextmedia’s negligence) or under statute. Without limitation, nextmedia will in no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
15.5. The Client indemnifies nextmedia 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 Client’s breach of these Terms and any negligent or unlawful act or omission of the Client in connection with the Advertising.
16.1. nextmedia collects a Client ‘s personal information to provide the Advertising to the Client and for invoicing purposes. nextmedia may disclose this personal information to its related companies, to credit reporting agencies and other third parties as part of provision of the Advertising. Where a Client has an overdue account, nextmedia may disclose personal information to debt collection agencies to recover the amount due.
16.2. More information about our privacy statement is accessible at www.nextmedia.com.au.
17.1. These Terms represent the entire agreement of the Client and nextmedia in relation to Advertising and cannot be varied except in writing by an authorised officer of nextmedia. No purchase order or other document issued by the Client will vary these terms.
17.2. nextmedia will not be liable for any delay or failure to publish Advertising caused by a factors outside nextmedia’s reasonable control (including but not limited to any Act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
17.3. nextmedia may service any notice or court documents on a Client by forwarding them by pre-paid post or facsimile to the last known address of the Client.