These terms below apply to all advertising or sponsored editorial content provided by any person ("Client" or "You") to Must do Brisbane.com Pty Ltd ABN 75150309345 ("MDB" or "Us"). Clients include an advertiser or any media company, PR agency or other agency that arranges or books the advertising on their client's behalf.
1. Every client who submits an order for advertising on the MDB's website, e-newsletter or on its social media channels agrees to the following terms and conditions. Subject to availability, technical limitations and these Terms and Conditions, MDB will provide advertising to a client using reasonable endeavours to publish the advertising in the format and in the position agreed with the client. Advertising includes images submitted for publication as editorial on MDB's website, social media and e-newsletter avenues, along content or information relating to digital advertisements.
2. MDB may at its discretion, refuse to publish any advertisement without giving any reason. Even if a contract has been formed between a client and MDB, we reserve the right to refuse or withdraw the client's advertisement from publication at any time, without giving reasons, if we believe that the publication of the advertisement is deemed offensive, in breach of any law, in breach of any pre-existing agreement we have with a third party or in breach of a third party's rights. We will endeavour to notify the client of those changes, but we will not be liable for any costs, expenses, losses or damages suffered or incurred by the client arising from our failure to publish the client's advertisement in accordance with the client's request.
3. The rate for the client's advertisement will be as agreed by MDB and specified in the agreement or order. This agreement or order can result from a formal contract signed between the client and MDB like an IO or email correspondence whereby the client accepts a campaign proposal sent by MDB. Subsequent email correspondence agreed upon between the client and MDB after the order has been accepted by the client and MDB will form part of the overall agreement or order, and form part of an amendment to the original agreement or order. If MDB has quoted a rate to publish a specific quantity of advertising over a specific period of time and a lesser quantity is submitted for publication within that period, then what is published within that period shall be costed at whatever rate is necessary to generate the expenditure which would have been incurred had the full agreed volume been published. The client must pay MDB for the advertising services in accordance with the terms of the order. If no due date for payment is specified in the order, you must pay MDB within 30 days of the date of the invoice. All rates and charges quoted are, unless expressly stated otherwise, exclusive of GST. We will issue you with a valid tax invoice and you must pay us any applicable GST in addition to the rates and charges quoted to you. Standard creatives must be received at least 5 working days prior to the campaign starting date and rich media creative must be received at least 7 working days prior to the campaign starting date. If creative is received by MDB after the relevant date and causes your campaign to be delayed, the publication of the advertisement will be considered to have commenced on the commencement date specified in the order. It is the client's responsibility to arrange and manage re-directs with third party ad servers and provide such third party with the creative and lead time requirements. We will not compensate you where campaigns are affected or delayed in any way by third party ad-server redirect problems. All click-through URL's must allow users to return to our website. If you submit advertising material to us electronically, the material must comply with our specifications. We can reject the advertising material if it is not submitted in accordance with such specifications.
4. The client must promptly check any proofs of advertising, if we have arranged to provide you with any, and notify MDB of any errors in the proofs or in any advertisement that we publish for you. We do not accept any responsibility for errors in advertising material that has been submitted electronically by you.
5. For editorial campaigns such as Sponsored editorials (labelled as What's On, What's New, What We Loved This Week, Feature, What's On for Kids, School Holiday Guides, Valentine's Day Guide, Mother's Day Guide, Father's Day Guide, Melbourne Cup Guide, Christmas Guide and New Year's Eve Guide) or any special editorial pieces commissioned by the client and agreed by MDB, all materials submitted must meet MDB's specifications and be received at least 5 working days before the agreed live date. MDB will allow for 2 sets of editorial revisions. Any additional revisions will be charged at a rate of $100 ex GST per hour.
6. Cancellation of any advertisement or editorial campaign must be received in writing from you no less than 21 days before the commencement date in your order in order to receive a 100% refund. Any cancellations of any nature received after the deadline above are at the sole discretion of Must do Brisbane.com Pty Ltd. Any cancellations after this date will be subject to a minimum cancellation fee of 100% of the total cost of the entire campaign. Campaigns cancelled at the client's request after commencement of the agreement will not be entitled to a refund of the unused portion of the campaign.
7. If you fail to pay for the advertising services in accordance with your order and these Terms and Conditions, or if you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over any of your assets or if you resolve to wind up your company, then we may (at our absolute discretion) cancel any current advertising campaign and terminate any agreement for advertising that is yet to be published and take proceedings against you to recover any overdue amount including costs in relation to any action taken against you by us. MDB reserves the right to charge interest on all overdue amounts at the rate 2% above the NAB Overdraft Base Rate, recover MDB's costs including mercantile agency and legal costs on a full indemnity basis and cease publication of further advertising or suspend an agreement for Advertising not yet published until the breach is remedied and exercise any other rights at law.
8. By submitting advertising material to us or authorising or approving the publication of advertising material by us on your behalf, you warrant that the advertising material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against us, our partners, our directors, employees or agents. Without limiting the above, the client warrants that the advertising material submitted, authorised or approved by them does not breach or infringe the Trade Practices Act, the Fair Trading Acts of relevant States of Australia or equivalent or other sale of goods legislation; 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; State or Commonwealth anti-discrimination legislation; the Privacy Act; or any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory). By submitting, authorising or approving advertising material for publication on MDB's assets, you indemnify us 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, you indemnify us and our partners, our directors, employees and agents against any costs, expenses, losses, damages, liability and claims suffered or incurred and arising from your breach of these Terms and Conditions and any negligent or unlawful act or omission by you in connection with the advertising.
9. We make no representation or warranty in relation to the number of visitors to our websites or the number of impressions except for any made expressly in writing by us. Except for any warranty or representation made expressly in writing by us, you acknowledge that you have not relied on any advice given or representation made by us or on our behalf in connection with the advertising.
10. We have no liability to you and you indemnify us in relation to any failure of telecommunications services or systems which affect our receipt of your advertisement or the publication of your advertisement or editorial content.
11. We exclude all implied conditions and warranties from these Terms and Conditions, except any condition or warranty (such as those implied by the Trade Practices Act) which cannot be excluded. We limit our liability for: breach of any non-excluded condition (to the extent that liability for such breach can be limited); and any other error or omission in publishing caused by us; to (at our option) re-supply of the advertising services affected by our breach or payment of the cost of re-supply. Subject to the above, we exclude all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with these Terms and Conditions and any advertisement published by us, whether that liability arises in contract, tort (including by our negligence) or under statute. Without limitation, we 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. We may change these Terms and Conditions at any time without notice to you. Those changes will apply to the provision of advertising services after the date the change becomes effective. You and MDB will be bound by the Terms and Conditions that are current as at the date of your order.
13. These Terms and Conditions represent the entire agreement between you and us in relation to the advertising services and cannot be varied except by agreement in writing signed by one of our authorised officers. No purchase order or document issued by you will vary these Terms and Conditions. We will not be liable for any delay or failure to publish your 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). We may serve a notice or any court document on you by forwarding them by prepaid post or facsimile to your last known address.
