These terms (‘Terms’) apply to all advertising services provided to any person (‘Customer’) by Countrywide Austral ABN 83 146 901 797.
1. Publication of Advertising
1.1 Subject to these Terms, Countrywide Austral will use its reasonable endeavours to publish advertising submitted by Customers (‘Advertising’) in the format submitted by the Customer and in accordance with the placement instructions of the Customer. ‘Advertising’ includes images submitted for publication.
1.2 Countrywide Austral may, in its discretion and without further cost to the Customer, re-publish Advertising in other Countrywide Austral publications and media. For example, Countrywide Austral may publish print Advertising on-line, or vice versa. Customer warrants Countrywide Austral is entitled to publish the Advertising anywhere in the world in any medium.
2. Right to Refuse or Withdraw Advertising
2.1 Neither these Terms nor any written or verbal quotation by Countrywide Austral represent an offer to publish Advertising. A binding contract in relation to a request for Advertising will only be formed between Countrywide Austral and a Customer when Countrywide Austral accepts the Advertising in writing or generates a GST compliant invoice for that Advertising.
2.2 Even if a contract has been formed in accordance with the above clause, Countrywide Austral 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 Countrywide Austral).
2.3 7 days after an order is approved by the customer a cancellation will incur a 50% cancellation fee.
3. Right to Vary Format and Placement
3.1 Countrywide Austral reserves the right;
- to vary the placement of Advertising within a particular print title or Internet site; and
- to change the format of print Advertising (including but not limited to changing a format from colour to black and white).
3.2 Countrywide Austral will endeavour to notify the Customer of any such changes. However, except in accordance with clause 12, Countrywide Austral will not be liable for any costs, expenses, losses or damages suffered or incurred by a Customer arising from Countrywide Austral’s failure to publish Advertising in accordance with a Customer’s request.
4. Submission of Advertising
4.1 Customer warrants to Countrywide Austral that the Advertising does not breach or infringe:
- the Trade Practices Act (Cth), Fair Trading Acts (State) or equivalent legislation;
- any copyright, trade mark, obligation of confidentiality or other personal or proprietary right;
- any law of defamation, obscenity or contempt of any court, tribunal or royal commission;
- State or Commonwealth anti-discrimination legislation;
- the Privacy Act (Cth); 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).
4.2 Customer 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 Customer has obtained the authority of that person to make use of his/her name or representation or the copy.
4.3 Customer warrants that any Advertising of a financial service complies with the relevant legislation and its publication by Countrywide Austral does not give rise to any breach by Countrywide Austral under that legislation.
4.4 The Customer must not submit Advertising for publication that contains contact details for the Customer if those contact details do not include the full name and street address of the Customer. Post office box and e-mail addresses alone are insufficient.
4.5 If, in Countrywide Austral’s opinion, a Customer submits Advertising that looks like editorial material, Countrywide Austral may publish the Advertising under the heading “Advertising” and with a border distinguishing it from nearby editorial.
4.6 The Customer must collect Advertising material submitted to Countrywide Austral immediately after publication. Countrywide Austral 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 Countrywide Austral’s negligence).
4.7 If the Customer submits Advertising material electronically, the material must comply with Countrywide Austral specifications. Countrywide Austral may reject the Advertising material if it is not submitted in accordance with such specifications.
5.1 The Customer must promptly:
- check proofs of Advertising provided to the Customer by Countrywide Austral; and
- notify Countrywide Austral of any errors in the proofs or any published Advertising.
5.2 Countrywide Austral does not accept responsibility for any errors in print Advertising placed over the telephone.
5.3 Countrywide Austral does not accept responsibility for any errors in Advertising material received electronically from third parties.
5.4 If a Customer wishes to make a claim on Countrywide Austral for credit, re-publication or any other remedy in respect of Advertising, the Customer must send the claim in writing to Countrywide Austral no later than 25 days after the date of the tax invoice or date of publication of the Advertising (whichever is earlier).
5.5 Countrywide Austral will only investigate complaints during normal office hours (8.30am to 5.30pm, Monday to Thursday and Friday, 8.30am to 5.00pm excluding public holidays).
6. Advertising Rates and Taxes
6.1 The customer must pay for advertising in accordance with the rates as specified on Countrywide Austral’s website (and, unless otherwise agreed, at the casual or basic rate). These rates:
- may be varied at any time by Countrywide Austral without notice; and
- are exclusive of taxes, duties or GST (‘Taxes’), unless the Rates specifies that GST or other Taxes are included.
6.2 The Customer must pay an additional amount equal to any Taxes payable by Countrywide Austral in respect of Advertising. Countrywide Austral will provide Customers with a tax invoice or adjustment note (as applicable) in a compliant form for GST purposes.
6.3 The Customer’s eligibility for discounts and rebates will be based on the Customer’s GST-exclusive Advertising spend, which will be subsequently adjusted for applicable GST.
7.1 Countrywide Austral may grant, deny or withdraw credit to a Customer at any time in its discretion.
7.2 The Customer must ensure that its Customer account number is available only to those of its employees authorised to use it. The Customer acknowledges that it will be liable for all Advertising requested with the quotation of the Customer’s account number.
8.1 The Customer must pay for Advertising:
- by pre-payment, if so required by Countrywide Austral;
- or within 7 days after the date of the advertising being published; and
8.2 The Customer must pay:
- for print Advertising in accordance with the size of the Advertising material lodged by the Customer, or the Advertising space ordered by the Customer, whichever is greater;
- the full price for Advertising notwithstanding:
- the fact that Countrywide Austral has exercised its right to vary the format or placement of the Advertising; and
- any error or omission in the Advertising (unless the error or omission was the fault of Countrywide Austral).
9. Failure to Pay and other Breach
9.1 If a Customer fails to pay for Advertising in accordance with clause 8 or if a Customer suffers an Insolvency Event as defined in clause 9.2, Countrywide Austral may (in its discretion and without limitation):
- cancel any provision of credit to the Customer;
- require cash pre-payment for further Advertising;
- charge interest on all overdue amounts at the rate 2% above the National Australia Bank Overdraft Base Rate;
- take proceedings against the Customer for any outstanding amounts;
- recover from the Customer all costs relating to any action taken by Countrywide Austral to recover amounts owing for Advertising, including without limitation any mercantile agency costs and legal costs on a full indemnity basis;
- cease publication of any further Advertising on behalf of the Customer and terminate any agreement in relation to Advertising not yet published; and
- exercise any other rights at law.
9.2 A Customer suffers an ‘Insolvency Event’ if:
- the Customer is a natural person and the Customer commits an act of bankruptcy;
- the Customer is a body corporate and the Customer:
- cannot pay its debts as and when they fall due;
- enters into any arrangement with its creditors other than in the ordinary course of business;
- passes a resolution for administration, wind up or liquidation (other than for the purposes of re-organisation or reconstruction);
- a receiver, manager, liquidator or administrator is appointed to any of its property or assets; or
- any petition is presented for the winding up of the Customer.
9.3 Countrywide Austral reserves the right to withhold any discounts or rebates if the Customer fails to comply with its payment obligations.
9.4 A written statement of debt duly signed by an authorised employee of Countrywide Austral shall be prima facie evidence and proof of the amount owed by the Customer to Countrywide Austral.
10.1 The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of Countrywide Austral in connection with the Advertising.
10.2 Countrywide Austral 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’).
10.3 Countrywide Austral limits its liability:
- for breach of any Non-Excludable Condition (to the extent that liability for such breach can by law be limited); and
- for any other error or omission in published Advertising caused by Countrywide Austral, to (at Countrywide Austral’s option) re-supply of the Advertising services affected by the breach, or payment of the cost of re-supply.
10.4 Subject to clauses 10.2 and 10.3, Countrywide Austral excludes all other liability to the Customer for any costs, expenses, losses and damages suffered or incurred by the Customer in connection with these Terms and any Advertising published by Countrywide Austral, whether that liability arises in contract, tort (including by Countrywide Austral’s negligence) or under statute. Without limitation, Countrywide Austral will in no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
10.5 The Customer indemnifies Countrywide Austral 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 Customer’s breach of these Terms and any negligent or unlawful act or omission of the Customer in connection with the Advertising.
11.1 Countrywide Austral collects a Customer’s information to provide the Advertising services to the Customer and for invoicing purposes. Countrywide Austral may disclose this information to its related companies, to credit reporting agencies and other third parties as part of provision of the Advertising. Where a Customer has an overdue account, Countrywide Austral may disclose personal information to debt collection agencies to recover the amount due.
12.1 These Terms represent the entire agreement of the Customer and Countrywide Austral in relation to Advertising and cannot be varied except in writing by an authorised officer of Countrywide Austral. No purchase order or other document issued by the Customer will vary these Terms.
12.2 Countrywide Austral will not be liable for any delay or failure to publish Advertising caused by a factor outside Countrywide Austral’s reasonable control (including but not limited to any Act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
12.3 Countrywide Austral may service any notice or court documents on a Customer by forwarding them by pre-paid post or facsimile to the last known address of the Customer.
12.4 These Terms are governed by the laws of the state of:
- Victoria, for Advertising published in The Age and The Sunday Age and certain other Victorian based publications; and
- New South Wales, in all other cases.
Each party submits to the non-exclusive jurisdiction of the courts of the relevant State.
13. Disclosure of Information
The applicant hereby authorizes Countrywide Austral Pty Ltd to make any enquires or disclose any information concerning my credit, from or to any person or source authorised under the Privacy Act 1988 and the applicant agrees to a credit provider being given a consumer credit report to collect overdue payments on commercial credit (section 18K 1(h) Privacy Act 1988).
I/We agree that Countrywide Austral Pty Ltd may obtain a consumer credit report about me/us from a credit reporting agency for the purpose of collecting overdue payments relating to commercial credit owned by me/us.