Terms and Conditions
Terms and Conditions
Focal Attractions Pty Ltd will only accept bookings for the publication of advertisements on the following terms:
1. Prices Are Net
Prices quoted are, unless otherwise stated, exclusive of goods and services tax (GST) and agency commission, and are valid, unless withdrawn, for 30 days from the date of quotation, provided the first publication of an advertisement for an Advertiser occurs within 30 days of the date of acceptance of the quotation by the Advertiser.
In these Advertising Terms a reference to the word “artwork” includes, but is not limited to, text, image(s), diagram(s), table(s), a colour scheme, a design or ‘get up’.
The Advertiser will be responsible to obtain clearance from the copyright owner of any artwork supplied by the Advertiser. Focal Attractions Pty Ltd shall not be responsible for errors in the Advertiser’s artwork. The Advertiser is also responsible to ensure that the artwork is not misleading or defamatory in any way. The Advertiser will indemnify Focal Attractions Pty Ltd for any loss suffered by Focal Attractions Pty Ltd, its servants or agents, if the Advertiser fails to honour its obligations as outlined above.
The Advertiser will be responsible for supplying artwork in a format acceptable to Focal Attractions Pty Ltd by the copy deadline. The Advertiser should refer to Focal Attractions Pty Ltd’s guidelines for supplying artwork for information in regard to the acceptable format of artwork. The Advertiser agrees that it may incur additional charges if Focal Attractions Pty Ltd agrees to accept artwork for the advertisement after the copy deadline. Production of the advertisement will commence only when Focal Attractions Pty Ltd receives the Advertiser’s written agreement to proceed subject to these Advertising Terms and approved proofs of the artwork. Focal Attractions Pty Ltd will retain copyright in any artwork it prepares and reserves the right to charge the Advertiser for supplying such artwork to a third party.
Focal Attractions Pty Ltd will use its best endeavours to produce the advertisement in accordance with the Advertiser’s instructions on a timely basis and provide to the Advertiser a proof for approval. The Advertiser will ensure that the proof is approved by the deadline set by Focal Attractions Pty Ltd. The Advertiser agrees that it may incur additional charges if the Advertiser changes its instructions. Focal Attractions Pty Ltd reserves the right not to publish an advertisement for any reason and without obligation to notify the Advertiser before any deadline. Focal Attractions Pty Ltd does not accept responsibility if an advertisement is not published in a particular edition of any of Focal Attractions Pty Ltd’s publications, or at all. If Focal Attractions Pty Ltd is delayed by any circumstance or event beyond its control, then it may suspend or discontinue publication of any of its publications. Focal Attractions Pty Ltd shall not be liable to the Advertiser for any consequential loss or damage arising from the non-publication of the Advertiser’s advertisement.
If the Advertiser has a credit account with Focal Attractions Pty Ltd, the Advertiser must pay to Focal Attractions Pty Ltd the invoiced amount for the advertisement, including GST, within thirty (30) days of the date of the Invoice. Otherwise the Advertiser will pay for the advertisement prior to the deadline for final proof of the advertisement. If the Advertiser commits any act of insolvency, all money owing by the Advertiser to Focal Attractions Pty Ltd, whether by way of credit or otherwise, will become due and payable immediately. Focal Attractions Pty Ltd reserves the right to suspend, with or without notice, any services if any payment due by the Advertiser to Focal Attractions Pty Ltd is overdue. A late payment fee of 10% per month, calculated daily, may be charged for overdue amounts. The Advertiser will reimburse Focal Attractions Pty Ltd, on a full indemnity basis, all costs incurred by Focal Attractions Pty Ltd to its collection agents and/or lawyers in relation to the collection of any moneys owed to Focal Attractions Pty Ltd that are not paid when due. Please note that Focal Attractions will not bear the cost of any bank fees incurred when making payment.
6. Dishonour Fee & Credit Card Indemnity
The Advertiser indemnifies Focal Attractions Pty Ltd for any loss suffered by Focal Attractions Pty Ltd as a consequence of a cheque or a charge to a credit card not being honoured.
Cancellations are at the discretion of Focal Attractions Pty Ltd and applications to cancel publication of an advertisement must be made to Focal Attractions Pty Ltd in writing by the Advertiser. If a cancellation is accepted by Focal Attractions Pty Ltd, the Advertiser agrees to pay a cancellation fee of 15% of the rate quoted if cancelled prior to the booking deadline, and 75% of the rate quoted if cancelled after the booking deadline; otherwise the Advertiser will pay the full amount quoted with respect to publication of the advertisement.
8. Limitation Of Liability
To the extent permitted by law, Focal Attractions Pty Ltd and its servants and agents are not liable for any loss or damage (including without limitation loss or damage caused by the negligence of Focal Attractions Pty Ltd, or its servants or agents, and incidental and consequential loss or damage) arising from or in connection with the supply of goods or services. To the extent permitted by law, the liability of Focal Attractions Pty Ltd or its servants or agents (including liability for negligence) is limited to republishing an advertisement in a subsequent edition of the publication. Focal Attractions Pty Ltd is not liable for any loss or damage the Advertiser may suffer if Focal Attractions Pty Ltd cannot do what it has promised because of events beyond its reasonable control. Focal Attractions Pty Ltd does not warrant the effectiveness of an advertisement as such the Advertiser relies on its own skill and judgement in this regard.
9. Entire Agreement
The Advertiser agrees that Focal Attractions Pty Ltd will only supply goods and services pursuant to these Advertising Terms. An agreement between the parties may not be varied without the prior written consent of Focal Attractions Pty Ltd.
10. Governing Law
The laws applying in New South Wales, Australia, govern these Advertising Terms. The parties agree to submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.
These Advertising Terms are qualified by any provision of a law which applies and which cannot be excluded. If any provision of these Advertising Terms is deemed to be unlawful or unenforceable, such provision shall be severed from these Advertising Terms and all other provisions hereof shall remain in force.
12. Indemnity by Advertiser
The Advertiser will indemnify Focal Attractions Pty Ltd for any loss suffered by Focal Attractions Pty Ltd, its servants or agents, if the Advertiser fails to honour its obligations as outlined above.