About us
ADVERTISING TERMS & CONDITIONS
1. OUR AGREEMENT WITH YOU
1.1 As a customer of Avalon Media Pty Limited [“Avalon”] these terms and conditions form the basis of your agreement with Avalon.
1.2 Avalon’s agreement with you also includes your booking confirmation request which you complete and provide to Avalon. Avalon may accept and rely on facsimile copy of the booking confirmation request as if it was an original. You will be bound by a facsimile copy of the application or order form as if it was an original.
1.3 Avalon’s agreement with you also includes its current rate card. The price list may change from time to time, but you will be given notice of any changes when they happen. Copies of the rate card are available upon request or on www.lotl.com
1.4 This agreement will commence on the date of its signing by Avalon and continue until the completion of the publication of advertisements booked.
2. SERVICE DESCRIPTION
2.1 The services provided [the “Services”] include:
(a) the publication of your advertisement(s) in our publication(s) on dates agreed from time to time and subject to available space in any relevant publication; and
(b) upon request, the provision of artwork and layout design and production services.
3. USE OF SERVICES
3.1 You agree and warrant in relation to any material provided to Avalon [the “Material”] for use in any advertisement or in any of the Services provided that:
(a) You are the owner of any copyright or other intellectual property right in the Material and/or you have all necessary licences to use any third party copyright to other intellectual property included or reproduced or adapted in your Material (including, without limitation, any moral right or performer’s right, trade mark, trade indicia or slogan);
(b) The Material does not infringe any state or federal statute or regulation or compulsory or voluntary industry code of conduct, including, without limitation, the Trade Practices Act 1974, the Privacy Act,1988, any act or regulation dealing with defamation, indecency, censorship, advertising standards or self regulation;
(c) The Material shall not include any defamatory, libelous, indecent, pornographic, offensive, threatening, false or disparaging content;
(d) The Material shall not promote or encourage piracy, counterfeiting, plagiarism, unfair competition or idea misappropriation.
3.2 You hereby indemnify Avalon and agree to keep it indemnified against any loss or damage (including legal costs on a solicitor own client basis) for any breach by you or your servants or agents of Clause 3.1 hereof.
3.3 Avalon may, in its absolute discretion, refuse to publish any advertisement or to refuse to repeat any advertisement:
(a) if any material contained in the advertisement may amount to a contravention of Clause 3.1;
(b) if any material is inconsistent with Avalon’s editorial or advertising policy; or
(c) for any other reason.
3.4 You must provide your artwork to Avalon at least one week prior to publication of the publication in which the advertisement is to be placed in the format and to the quality advised to you in the booking confirmation request. Failure to do so may result in the advertisement not being printed or not being printed in the position requested or may affect the quality of the advertisement.
3.5 You agree that you are solely responsible for the quality and accuracy of any artwork provided by you.
3.6 Where the Services set out in Clause 2.1(b) are provided by Avalon, you agree that you are solely responsible for checking and approving the accuracy and/or quality of the artwork produced and agree that signing and returning our artwork approval form is conclusive evidence that you have approved any such artwork for publication. If you fail to approve any such artwork within 24 hours prior to publication you agree that you are deemed to have approved such artwork and Avalon will not be liable for any errors it may contain.
3.7 Subject to any express written agreement to the contrary, you agree that Avalon may change the position of your advertisement or other copy where it is considered desirable for any editorial, layout or legal requirements of any of Avalon’s publications. If this needs to be done, Avalon will use its best efforts to place your advertisement in a suitable alternative position and, subject to time constraints, to notify you of the decision prior to publication.
4. CHARGES AND PAYMENT
4.1 You agree during the term of this agreement:
(a) to be charged for the Services provided to you by Avalon at its current prices from time to time;
(b) to pay the full amount of any taxes payable on the charges and GST. Avalon’s charges are exclusive of any taxes that can be passed on to you;
(c) to pre-pay all invoices issued by Avalon for the Services prior to publication unless Avalon has agreed, in its absolute discretion, to provide you with credit;
(d) to pay accounts on 14 day invoice for all of those charges (including taxes) by the date specified in the account [the “Due Date”].
4.2 If you do not pay the account by the Due Date, then Avalon may charge an administration fee of $15 per month or part thereof or 5% on the outstanding amount of the invoice and suspend all or part of your Services pending payment of outstanding amounts on the account. Nothing in this clause affects Avalon’s rights to terminate this agreement under clause 8.
4.3 If account is paid in any way in part or whole by ways other than cash (in Australian dollars), then Avalon reserves the right to change this form of payment to 100% cash in Australian dollars upon 30 days written notice.
4.4 Avalon may pass on the cost of merchant fees incurred from credit card payments.
4.5 Rejected cheques or invalid credit card transactions will be automatically charged back to the customers account. A charge of $30 is charged for dishonoured cheques while credit card charge backs will attract a fee as
advised by your credit card provider. This amount is subject to change without notice to you.
4.6 If you wish to pay by direct debit you agree to:
(a) Complete and return the appropriate direct debit authority form.
(b) If a credit card or bank account is supplied for direct debit purposes, this is taken as permission for Avalon to bill the card or bank for any monies owed. Should the credit card expire or should we be unable to debit charges from your bank account or credit card, Avalon may immediately withdraw the provision of the Services, without notice. You are responsible for up dating or advising Avalon of any changes relating to their direct debit details.
4.7 If in good faith you dispute an amount in the account, you must notify Avalon in writing within fourteen days setting out reasons for the dispute and the amount in dispute. Notwithstanding any dispute as to any amount of any charge, you must pay the undisputed amount of each account by the Due Date.
4.8. If you enter into a contract for advertising over a period of time and you either fail to pay the contract or terminate the contract early, then the whole amount of the contract becomes due and payable by you to Avalon.
5. AMENDMENTS TO TERMS AND CONDITIONS
Without limiting clause 4.1, Avalon may vary, alter, replace or revoke any of these terms and conditions effective upon the expiry of 14 days written notice from Avalon. Your ongoing use of the Services after that date may constitute your acceptance of any such variation, alteration, replacement or revocation of these terms and conditions.
6. USE OF INFORMATION AND THE PRIVACY ACT 1988
You agree to provide Avalon with any information requested in connection with the providing of the Services to you under this agreement and, subject to the provisions of the Privacy Act, 1988 and any other applicable act or mandatory code of practice you authorise and consent to the following:
(a) Avalon seeking and obtaining from a credit reporting agency a credit report containing personal credit information about you in relation to commercial credit provided by Avalon.
(b) Avalon seeking and obtaining personal information about you from other trade or credit providers, whose names you provided to Avalon or that maybe named in a credit report, for the purpose of assessing your application for commercial credit made to Avalon.
(c) Avalon seeking and obtaining a consumer credit report about you from a credit reporting agency for the purpose of collecting overdue payments relating to commercial credit owed by you.
(d) Avalon providing any information about you to any law enforcement agency as required or authorised by statute or regulation.
(e) Avalon refusing to provide you with information held about you where to do so would in the case of personal information would:
i. pose a serious and imminent threat to the life or health of any individual;
ii. have an unreasonable impact upon the privacy of other individuals;
iii. the request for access is frivolous or vexatious;
iv. the information relates to existing or anticipated legal proceedings between Avalon and you, and the information would not be accessible by the process of discovery in those proceedings;
v. providing access would reveal the intentions of Avalon in relation to negotiations with the individual in such a way as to prejudice those negotiations;
vi. providing access would be unlawful;
vii. denying access is required or authorised by or under law;
viii. providing access would be likely to prejudice an investigation of possible unlawful activity;
ix. providing access would be likely to prejudice the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; the enforcement of laws relating to the confiscation of the proceeds of crime; the protection of the public revenue; the prevention, detection, investigation or remedy in go seriously improper conduct or prescribed conduct ;the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders; by or on behalf of an enforcement body; or an enforcement body performing a lawful security function asks the organisation not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.
7. LIMIT ON LIABILITY
7.1 Avalon do not exclude or limit –
(a) the application of any provision of any statute (including the Trade Practices Act 1974) where to do so would contravene that statute or cause any part of this clause 7 to be void; or
(b) direct losses and damages which arise only as a result of Avalon’s gross negligence (which means where Avalon commits an act or allows an omission to occur in reckless disregard the consequences of the act or omission).
7.2 Except where clause 7.1 applies, Avalon excludes all statutory liability, tortious liability (including but not limited to liability in negligence), conditions and warranties implied by custom, the general law or statute, liability for all direct, economic, consequential or indirect losses, expenses, damages and costs incurred by you, arising out of or relating to the Services, any failure to supply, change to or delay in supplying the Services or out of or relating to this agreement, including, but not limited to, liability for gross negligence and except to the extent of clause 7.1(a), Avalon is not responsible or liable for any indirect consequential or economic damages, including, without limitation, loss of income or profit or loss of actual potential business opportunities.
7.3 Avalon’s liability to you for any breach of any implied provision of this agreement (other than an implied warranty of title) is limited, at it’s option, to refunding the price of the Services in respect of which the breach occurred, or to providing the Services again.
7.4 Avalonis not liable to you for any delay in or any failure to provide the Services which is caused by an event beyond its reasonable control.
8. TERM OF AGREEMENT
This agreement may be immediately terminated by written notice at any time if, without prior written consent:
(a) either party breaches any term or condition of this agreement;
(b) a receiver or receiver and manager is appointed over any of either parties property or assets;
(c) a liquidator or provisional liquidator is appointed to either party;
(d) either party becomes bankrupt;
(e) either party enters into any arrangements with either party’s creditors;
(f) either party assigns or otherwise deals with either party’s rights under this agreement;
(g) either party ceases to carry on business;
(h) or there is a material change in either party’s direct or indirect ownership or control.
9. ASSIGNMENT
9.1 Your rights under this agreement are personal. You must not assign nor attempt to assign any right or obligation under this agreement without Avalon’s written consent.
9.2 Avalon may assign all or any ofits rights and obligations under this agreement at any time by notifying you in writing.
10. DISPUTE RESOLUTION
If you have a complaint or dispute with Avalon, you must give notice of your complaint or dispute and Avalon will deal with it in accordance with its internal complaint handling guidelines. A copy of Avalon’s internal complaint handling guidelines is available upon request.
11. MISCELLANEOUS
11.1 Any notice, demand, consent or other communication required to be given to either party must be delivered personally or sent by prepaid mail or by facsimile to the address of the other as last notified.
11.2 Clauses 4, 6 and 7 shall survive the expiration or termination of this agreement.
11.3 This agreement shall be governed by and construed in accordance with the law of New South Wales and the parties hereby submit to the nonexclusive jurisdiction of the courts of that State.
11.4 This agreement contains the entire understanding between Avalon and you to the exclusion of any and all prior or collateral agreements, representations or understandings relating to the Services, whether oral or written.
11.5 If any part of this agreement is found to be invalid or of no force or effect, this agreement shall be construed as though such part had not been inserted and the remainder of this agreement shall retain its full force and effect.
11.6 Where you are a corporation and we are providing you credit, Avalon may ask you to provide personal guarantees from your directors or shareholders guaranteeing compliance with the terms of this Agreement, including, without limitation, payment for the provision of the Services.
