These terms apply to all advertising provided to any person (Customer) by Sage Media Group Pty Ltd (Sage Media) ABN 56 155 835 555 or a subsidiary Customer includes a Customer on whose behalf advertising is placed and any media company or agency that arranges the advertising for its clients. In these Terms and Conditions, unless the context otherwise requires:
1 - "Advertisement" or "Advertising" means the material agreed between Sage Media and the Customer to be placed in the Publication in respect of which the Fee is to be paid and may include, without limitation, loose or bound inserts, display advertisements, column advertisements and Advertorials whether in electronic or hard-copy form.2 - "Advertising Agreement" means the document entitled Booking Form / Advertising Agreement signed for or on behalf of the Customer and accepted by Sage Media referring to these Terms and where details including those relating to the Advertisement to be inserted by or on behalf of the Customer in the Publication are to be set out.
3 - "Agreement" means the form entitled "Advertising Agreement", incorporating these Terms by reference, as executed by the Customer.
4 - "Publication" means the publication or publications specified as "Publication" on the Booking Form whether published in hard-copy, in electronic form, on the internet and/or in any other form.
5 - "Publication Date" means the date on which the Publication is delivered to a point of sale, letterbox or mail centre (as the case may be).
6 - "Rate Card" means the document prepared by Sage Media for Customers setting out the standard rates and charges that apply for booking space for Advertisements in relation to a Publication.
7 - "Terms" means the terms and conditions set out herein. In these Terms, the singular includes the plural and vice versa. A reference to "$" or dollars means Australian dollars and a reference to payment means payment in Australian dollars.
1.1 It is the responsibility of the Customer to read these terms and conditions carefully. The placing of an order for any advertising by a Customer covers acceptance by the Customer of these Terms and Conditions and of all rates set out by SPG in the rate cards unless otherwise agreed in writing by Sage Media. To the extent that any order submitted by the Customer attempts to include terms that are inconsistent with these Terms and Conditions, those terms will not apply.
1.2 It is understood that Advertisements booked via the use of the signed booking form are by an authorised person within the Customer's company. As such the Customer's company will be held liable for all costs and expenses related to this order.
1.2 It is understood that Advertisements booked via the use of the signed booking form are by an authorised person within the Customer's company. As such the Customer's company will be held liable for all costs and expenses related to this order.
2.1 All rates/charges displayed in this rate card are exclusive of the amount of GST. All Customers must pay the GST amount at the same time and in the same manner as the charges based on these rates. Sage Media reserves the right to alter any advertising rate, without notice, at any time. However, any changes to the applicable rates will not apply to any orders made prior to the date of such change. The reselling of advertising to a third party is not permitted without written consent by Sage Media.
3.1 As we have a responsibility to our Customers to deliver our magazine on time, we will require all artwork and changes to be submitted before the deadline specified. It is the responsibility of the Customer to ensure that all artwork is submitted on time. Material either not supplied or received too late to make the edition will result in Sage Media either using existing material or opting not to publish the advertisement and the Customer being charged the full rate for the advertising space booked.
3.2 Advertising material and artwork submitted must be submitted electronically and must comply with the material specifications provided by Sage Media. Online advertising content must be submitted at least 3 days before the artwork submission deadline and must comply with Sage Media's material specifications. It is the duty of the Customer to ensure that all submissions of advertising content do not infringe on any relevant legislation, copyright, trademark, confidentiality obligation or right. The Customer must ensure that proper authority has been obtained from a person whose name or picture is being used in the advertising content.
3.2 Advertising material and artwork submitted must be submitted electronically and must comply with the material specifications provided by Sage Media. Online advertising content must be submitted at least 3 days before the artwork submission deadline and must comply with Sage Media's material specifications. It is the duty of the Customer to ensure that all submissions of advertising content do not infringe on any relevant legislation, copyright, trademark, confidentiality obligation or right. The Customer must ensure that proper authority has been obtained from a person whose name or picture is being used in the advertising content.
4.1 Cancellations of booked advertising space must be made in writing and will not be accepted after the artwork submission deadline.
4.2 If a cancellation is made within 14 days and prior to the deadline the Customer can choose to either pay a cancellation fee of 20% of the full booking fee or defer the advertisement to be re-scheduled and published in no more than 30 days from the original publication date. If the deferred advertisement is not published within the 30 day period, it will be cancelled with no further extensions and the customer will have to pay the full rate of the advertisement.
4.3 If a cancellation is made after the 14 day period or after the artwork submission deadline the Customer will be charged the full rate of the advertisement with no extensions or refunds granted to the Customer.
4.4 Cancellation of Block bookings will result in the Customer being charged the full rate for any advertising placed plus any loadings despite any agreement to the contrary.
4.2 If a cancellation is made within 14 days and prior to the deadline the Customer can choose to either pay a cancellation fee of 20% of the full booking fee or defer the advertisement to be re-scheduled and published in no more than 30 days from the original publication date. If the deferred advertisement is not published within the 30 day period, it will be cancelled with no further extensions and the customer will have to pay the full rate of the advertisement.
4.3 If a cancellation is made after the 14 day period or after the artwork submission deadline the Customer will be charged the full rate of the advertisement with no extensions or refunds granted to the Customer.
4.4 Cancellation of Block bookings will result in the Customer being charged the full rate for any advertising placed plus any loadings despite any agreement to the contrary.
5.1 The positioning or placement of an advertisement is at the discretion of Sage Media except where expressly agreed in writing by Sage Media and the Customer is charged accordingly. All reasonable efforts will be made to ensure the advertising is published in the Customer's format and position but Sage Media reserves the right to vary the format and size of the advertisement by 10% without notice if a change is made to the press design of the publication. No guarantee is provided on tonal colour reproduction.
5.2 Customers must check the advertisement proofs and notify Sage Media promptly of any errors. SPG does not accept responsibility for any errors submitted by the Customer including errors in advertising placed verbally. Errors that are not the fault of the Customer and in the Sage Media's opinion lessen the value of the advertisement; the claim should be lodged in no more than 7 days from the first publication. No claims will be considered for advertising material that has been supplied outside our accepted material requirements listed on the rate card.
5.3 If a booked Advertisement is not published at all solely due to a mistake on Sage Media's part, Sage Media will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be cancelled and the Customer shall be entitled to a full refund if the Customer has paid in advance for the Advertisement. This shall be the Customer's sole remedy for failure to publish the advertisement.
5.2 Customers must check the advertisement proofs and notify Sage Media promptly of any errors. SPG does not accept responsibility for any errors submitted by the Customer including errors in advertising placed verbally. Errors that are not the fault of the Customer and in the Sage Media's opinion lessen the value of the advertisement; the claim should be lodged in no more than 7 days from the first publication. No claims will be considered for advertising material that has been supplied outside our accepted material requirements listed on the rate card.
5.3 If a booked Advertisement is not published at all solely due to a mistake on Sage Media's part, Sage Media will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be cancelled and the Customer shall be entitled to a full refund if the Customer has paid in advance for the Advertisement. This shall be the Customer's sole remedy for failure to publish the advertisement.
6.1 The payment terms are strictly 7 days from the date of the invoice. Any costs incurred by Sage Media to retrieve money owing will be charged to the Customer. In case of late payments, if the account is paid in full between 8 and 30 days from the invoice date the Customer will be charged an additional 10% of the total amount. If the account is paid in full after 31 days the Customer will be charged an additional 12% of the total amount/$100 for each payment reminder in administration fee.
6.2 In signing the booking form you are undertaking that all advertising costs- including administrative, debt collection and legal costs will be met by the Customer. In the case of non-payment of account Sage Media reserves the right to cancel any provision of credit to the Customer, request cash pre-payment for further advertising and charge interest of 2% over the nominated banks overdraft base rate on all amounts owing. If payment is made by credit card an additional fee of 1.5% of the total amount will incur.
6.2 In signing the booking form you are undertaking that all advertising costs- including administrative, debt collection and legal costs will be met by the Customer. In the case of non-payment of account Sage Media reserves the right to cancel any provision of credit to the Customer, request cash pre-payment for further advertising and charge interest of 2% over the nominated banks overdraft base rate on all amounts owing. If payment is made by credit card an additional fee of 1.5% of the total amount will incur.
6.3 Advertisements which are considered to resemble editorial style will be subject to amendment, alteration or rejection at the discretion of SPG without prior notice and such advertisements must be clearly identified by the use of the word 'PROFILE' at the top of the advertisement. Sage Media reserves the right to refuse/cancel any non-compliant advertising. Hard copy materials are printed using a 4 colour processing printer. If any other ink (such as PMS) is required by the customer after the order has been placed, an extra charge shall be applied.
7.1 Subject to the conditions laid out in condition 6 "Errors" and conditions of any relevant state legislature, Sage Media excludes all other liability to the Customer for any costs, expenses, losses and damages incurred in relation to Advertising published by Sage Media, whether that liability arises in contract, tort (including by Sage Media's negligence) or under statute. Without limitation, Sage Media will in no circumstances be liable for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity. The Customer indemnifies Sage Media and its officers, employees, contractors and agents 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. Sage Media will not be liable for any delay or failure to publish Advertising caused by a factor outside Sage Media's reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint). Sage Media will not be liable for any loss or damage direct or consequential, occasioned by error in the positioning of or omission to publish any Advertisement or for late publication of an Advertisement or failure to perform any other obligation whether occasioned by negligence or otherwise.