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| Boost Life Terms and Conditions |
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TERMS AND CONDITIONS Produced monthly over the 2007-2008 period, BOOST LIFE is no longer in production. 1) The ‘Publisher’ is 186Red Pty Ltd A.C.N. 115 695 497. 2) The ‘Customer’ is the person or organization who enters into a contract with the publisher for advertising and/or sponsorship in relation to Boost Life [‘The Publication’] and is subject to the following terms and conditions. 3) Advertising and/or sponsorship in relation to the Publication is only accepted upon the receipt by the Publisher of a contract [“the Contract’] specifying the period of advertising and/or sponsorship and the price of these services signed by both the Publisher and the Customer. Alternatively, the price of these services are incorporated into the Contract by reference to the Publishers rates as specified in the Publisher’s Rate Card from time to time. These terms and conditions and are incorporated into the Contract as binding upon the Publisher and the Customer. 4) All prices are exclusive to goods and services tax. The Customer must, in addition to the price, pay any goods and services tax. 5) It is the responsibility of the Customer, or its agent, to immediately advise the Publisher of any errors contained in the Publisher’s nominated Booking Confirmation, or any other aspect of the Contract. The Publisher will not be held responsible for any errors that occur. 6) Payment can be made by cheque (payable to 186Red Pty Ltd), credit card (Visa, Mastercard or Bankcard) or by direct debit from the Customer’s bank account. 7) Payment must be made within 30 days of receipt of invoice and proof of ad (publication). 8) Payment made outside those terms will incur 10% per annum interest charged daily. 9) Cancellation of any order must be made in writing and will only be accepted if the Publisher receives notice no later than the advertised Cancellation date (refer rate card and contract terms). 10) All orders are subject to rate adjustments that may occur during the period of the Contract as a result of any variations to the schedule or changes to circulation. 11) The Publisher makes no commitment to preferential placement of advertisements in the Publication unless specified. 12) Failure by the Customer to supply material for publication by the date nominated by the Publisher [“Material Deadline Date”] will result in the advertisement being omitted from the designated Publication at the absolute discretion of the Publisher and will incur a $150 late fee. 13) In the event that advertising material is not delivered by the Material Deadline Date, the Publisher reserves the right to republish previous material, if any, provided by the Customer at the agreed rate of charge. 14) The Publisher is not obliged to accept changes to advertising material after the Material Deadline Date. 15) It is the absolute responsibility of the Customer to ensure that no advertising material, statement, information, image or any other matter contained in an advertisement constitutes a violation of the rights of any person, including without limitation any existing copyright, trademark or other intellectual property right. 16) The Publisher reserves its right to reject, omit or alter all or any part of an advertisement at its absolute discretion. 17) The Publisher, its officers, servants, agents and employees accept no responsibility for any loss or damage arising from the absence or omission of an advertisement, or a part of an advertisement, from the Publication or from any error contained in an advertisement, whether by negligence or otherwise. 18) The Publisher, its officers, agents and employees accept no responsibility for any loss or damage, howsoever caused, to any artwork or other materials, which are the property of the Customer and which may be deposited with the Publisher for the purpose of fulfilling the Contract, or for any other reason, and such materials remain, at all times, and in respect of all things, at the risk of the Customer. 19) To the extent permitted by law, all express or implied warranties, representations, statements, terms and conditions relating to the performance by the Publisher of its obligations under the Contract, not expressly set out in this Agreement, are excluded from this Agreement. Where a condition or warranty is implied into this Agreement by a law and cannot be excluded, the liability of the Publisher is limited to re supply of the services supplied under the Contract or the cost of having the services supplied again. In no event shall the Publisher be liable to the Customer for any indirect, incidental, special or consequential loss or damage, loss of use, revenues, profits, goodwill, bargain or loss of opportunities or anticipated savings, from any cause, whether arising from breach of contract, negligence or any other tort, in equity or otherwise and whether or not or even if the Publisher was aware of the possibility of such loss or damage. 20) The Customer fully indemnifies, and keeps indemnified, the Publisher and all of its officers, servants, agents and employees from any claim, loss, suit, action or any other proceeding that arises directly or indirectly from the Publisher performing its duties under the Contract with the Customer for advertising or sponsorship or any related service. |