TERMS FOR ADVERTISING
1. WHEN DO THESE TERMS APPLY?
1.1 These terms will apply to you every time you request publication of advertising or services in any Publications owned or managed by Hopwood And Co Pty Ltd (Trading as Hopwood Digital) ABN 76 621 381 002 or its subsidiaries.
1.2 “Publications” refers to any media published by Hopwood And Co Pty Ltd or its subsidiaries.
1.3 These terms do not apply to services where Hopwood And Co Pty Ltd acts as a third party reseller. If you request advertising or services where Hopwood And Co Pty Ltd acts as a third party reseller, by accepting Hopwood And Co Pty Ltd’s Booking Order Approval, you accept the terms and conditions of that third party.
2. HOW DO I PLACE ADVERTISING?
2.1 You can request advertising or services in any Publications owned or leased by Hopwood And Co Pty Ltd at any time directly with Hopwood And Co Pty Ltd or agents approved by Hopwood And Co Pty Ltd.
2.2 Hopwood And Co Pty Ltd will, if it accepts your request, send you a Booking Order Approval which will contain the specific terms that will apply to the publication of your advertising to which you must reply with your acceptance.
3. WHAT RIGHTS DOES HOPWOOD AND CO PTY LTD HAVE?
3.1 Hopwood And Co Pty Ltd can reject advertising at any time for any reason. Hopwood And Co Pty Ltd can withdraw advertising or withdraw publications from the public at any time and for any reason. Hopwood And Co Pty Ltd is not liable to you if it does reject your advertising, withdraw your advertising or withdraw a publication that contains your advertising.
3.2 Hopwood And Co Pty Ltd will try to place your advertising in the position that you request, but it cannot always do so. Hopwood And Co Pty Ltd is not liable to you if your advertising does not appear in the place that you request.
3.3 If your advertising is editorial in style, Hopwood And Co Pty Ltd can add the words “advertising” and / or “Sponsored” above or below the advertising.
4. SPECIFICATIONS AND DEADLINES
4.1 You must deliver the materials required to produce your advertising (Materials) to Hopwood And Co Pty Ltd by the date Hopwood And Co Pty Ltd specifies. If you do not, Hopwood And Co Pty Ltd may not be able to publish your advertising and Hopwood And Co Pty Ltd is not liable to you for this. You will still be liable for the price quoted in the Booking Order Approval.
4.2 The Material must be in the form that Hopwood And Co Pty Ltd requires for the Publication in which the advertising is to be published. If you do not deliver the Material in the required form, Hopwood And Co Pty Ltd can engage a third party to convert the Material to Hopwood And Co Pty Ltd’s requirements. You must, within 14 days, pay Hopwood And Co Pty Ltd for the costs of the conversion, plus a handling fee of 25%.
4.3 You may request for the return of your material from Hopwood And Co Pty Ltd prior to the publication material deadline. You must pay the expenses incurred by Hopwood And Co Pty Ltd along with your Fee.
4.4 Hopwood And Co Pty Ltd can change the on sale date of Publications at anytime without notice.
5. PAYING FOR ADVERTISING
5.1 The Booking Confirmation will contain the amount you have to pay for the advertising (Fee). The Fee does not include GST. Hopwood And Co Pty Ltd will provide you with an invoice stating the Fee and the GST payable.
5.2 One-off bookings require an upfront fee payment of 50% to secure the booking. The balance is invoiced upon delivery of all booked components. Monthly bookings will be invoiced at the beginning of each month. Payment terms are 7 days from invoice.
5.3 You must pay the Fee within the terms set by Hopwood And Co Pty Ltd. You cannot alter the Fee, even if you feel that the advertising was not placed or published in the manner that you expected.
5.4 If you dispute the Fee, this claim must be made within 30 days of the invoice date to Hopwood And Co Pty Ltd otherwise you must pay the Fee and GST payable as invoiced.
6. AGENCY REBATE
6.1 If you are an advertising agent, Hopwood And Co Pty Ltd may agree that you will get a rebate on the Fee, but the rebate will only apply if you pay the Fee (less the rebate, plus the GST payable) before the invoice due date. If you don’t pay the Fee (less the rebate) by that date, you cannot claim the rebate – you must pay the Fee and the GST payable.
7. HOW CAN I CANCEL ADVERTISING?
7.1 Advertising can be cancelled without penalty prior to the start date of your contract. If you cancel after the commencement of the month, you will be liable for 100% of the fee. Campaigns of three months duration or more can be paused for a period of up to 3 months, provided that 1 month’s written notice is given by you, and provided that components already delivered are paid for on a pro rata basis. Hopwood And Co will determine this rate.
8. WARRANTIES FROM YOU
8.1 You warrant to Hopwood And Co Pty Ltd that your advertising or services:
a) is true and accurate in all respects;
b) does not infringe any rights of any person (such as copyright and trademark rights);
c) does not use the name and image of any person without their consent;
d) is not obscene, indecent or defamatory; and
e) does not contravene any federal, state or territory statute, regulation or other law including the Trade Practices Act 1974 (CTH).
8.2 You indemnify Hopwood And Co Pty Ltd for all costs (including legal costs on a solicitor client basis), expenses, claims, demands, damages and losses of any kind arising from or attributable to the publication of the advertising or otherwise arising from a breach by you of these terms.
8.3 To the extent permitted by law, all conditions and warranties implied by law or otherwise not expressly set out in these terms and conditions are excluded.
9. LIMITATION OF LIABILITY
9.1 To the extent permitted by law, under these terms or otherwise in connection with your advertising, and the publication of that advertising by Hopwood And Co Pty Ltd:
a) Hopwood And Co Pty Ltd excludes liability for all indirect, consequential or special losses or damages including loss or profits howsoever arising; and
b) The total liability of Hopwood And Co Pty Ltd howsoever arising is limited to the supply of the relevant advertising again or the payment of the cost of having those services supplied again, whichever Hopwood And Co Pty Ltd determines in its absolute discretion.
9.2 Hopwood And Co Pty Ltd will not be liable to you or any other person for any loss of whatever kind suffered as a result of an advertisement not being available for publication or not being published where such event arises from any cause beyond Hopwood And Co Pty Ltd’s reasonable control.
10. LIABILITY OF AGENTS
10.1 If you carry on business as an advertising, agent you acknowledge that you contract with Hopwood And Co Pty Ltd in your own right. You are principally liable under any contract entered into with Hopwood And Co Pty Ltd.
11.1 These terms are governed by the laws in force in New South Wales, Australia.
11.2 You may not assign or otherwise transfer any of your rights or obligations under these terms to any other person without Hopwood And Co Pty Ltd’s consent. Hopwood And Co Pty Ltd may assign or otherwise transfer any of its rights or obligations under these terms without your consent.
11.3 If Hopwood And Co Pty Ltd fails to enforce, or delays in enforcing, any of these terms, this will not operate as a waiver and will not affect Hopwood And Co Pty Ltd’s right to later require strict compliance with these terms.
11.4 The terms of the Booking Confirmation and this agreement record the entire agreement between you and Hopwood And Co Pty Ltd relating to the matters dealt with in this agreement and supersede all previous arrangements, understandings or representations, whether written, oral or both, relating to these matters.
12. FOR ONLINE ADVERTISING ONLY
12.1 Hopwood And Co Pty Ltd makes no guarantees with your advertising, the usage statistics, user clicks or level of impressions for Hopwood And Co Pty Ltd’s online publications.
12.2 You accept that the statistics provided by Hopwood And Co Pty Ltd are the official, definitive measurements of Hopwood And Co Pty Ltd’s online publications.