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Terms and Conditions
These are the terms and conditions by which we will publish content and accept content for publication from you for any campaign provided by us. Any other conditions that you may propose will be considered void unless accepted by us and confirm as such in writing. In these terms and conditions:
"We", "us" and "our" means Accumulate Online Pty Ltd ABN 95 143 464 868; and
"Websites" means any of the web sites and online services owned or controlled by us;
"You" means the customer or subscriber.
PROVIDING US WITH YOUR ONLINE CONTENT
- When you give us material for inclusion in any of our websites, you agree that:
a. that the material is yours and you have the right to use and publish that material;
b. the content or imagery does not breach any law or the rights of any other person;
c. you have the right to represent the individual, entity, product or service mentioned in the material; and
d. you are bound by our terms and conditions and will pay our rate applicable to your material. - Unless
otherwise agreed in writing by us, you may give us no more than one change of content per campaign per month at no extra charge. If you require further changes to your content during a given month, we require 10 business days to make this content available on your website. If we are unable to make this content publicly available on our site for any technical reason or other, we will advise you within 5 days.
- Normal lead time for application of content to be advertised or published online is 10 working days. This time frame starts on confirmation of receipt from us and applies only where the content provided by you complies with the format and specifications that we have specified to you. Where necessary or possible, we may need to modify the content that you provide us to make it work with our systems.
- We will not under any circumstances or at any time, be liable for any loss or damage to your materials. Please ensure you have appropriate copies of your content.
CANCELLATIONS - If
you require a stop to the provision of your content or your request the work we are doing to be cancelled after having instructed us to commence provision, this request must be provided in writing. W may however have already incurred costs, therefore you will be responsible for such expense:
a. at our discretion we may charge you a cancellation fee of up to 100% of the value of the set up fees; and
b. 25% of the expected campaign fees.PAYMENT AND PRICING
- a.
Our prices are listed in our Rate Card and unless otherwise stated are
exclusive of GST. The Rate Card and these terms and conditions are
subject to change at any time by us and without notice to you.
b. Unless otherwise agreed at the time we accept your material, accredited advertising agencies that are approved by us will receive a standard 10% agency discount off the Rate Card prices.
No discount will be given in respect of material that is for the direct benefit of the agency. - a. All amounts shown on our tax invoices are in Australian Dollars unless specified otherwise.
b. You must pay us in Australian dollars - We
will send you a tax invoice and unless otherwise agreed, you must pay
us for publication of the material or any other work that we are
providing to you, within the time stipulated on our tax invoice.
- If
you do not pay us the full amount within the time stipulated in the tax
invoice, we may remove your material from our websites and stop any
other work that we may be doing for you. You agree that we may recover
the outstanding amount specified in the invoice together with interest,
our legal costs, bank fees and charges, any other expenses incurred in
attempting to recover the debt and any fees and commissions or other
amounts we pay to any collection agency to act on our behalf.
PUBLISHING ADVERTISEMENTS
- We may, in our sole discretion:
a. refuse to publish any advertisement you give us; and
b. remove any existing advertisement from any website without notice.ADVERTISEMENT SERVING AND REDIRECTS
- We
serve your online advertisements in our websites in-house. At your
request, we can provide you with statistical reports about the
performance of your online advertising campaign. If you would like to
track the performance of your campaign by using your own advertisement
server, we will accept your redirect code. By giving us your redirect
code, you agree to give us access to reports generated by your
advertising server for your campaign in our websites. If there is a
discrepancy between the reports from our advertising server and those
from your advertising server, you agree to rely on the information
provided by our advertising server.
LIABILITY
- a.
Casual displacement, omission, inability or failure to publish an
advertisement in our websites does not invalidate this contract.
b. Every care will be taken to ensure prompt insertion of the material but we will not be liable for any loss occasioned by the failure of the material to appear in any specified date or websites.
c. If we are unable to publish the material for any reason, we will only be liable to you for a maximum refund of the amount you paid us for the publication of the material subject to a pro rata reduction to take into account the period of advertisement downtime experienced.
d. To the extent possible, all implied and express warranties in legislation (including federal and state trade practices and sale of goods legislation) that may give you greater rights than are expressed in this clause are negatived. - You will
indemnify us against all suits, claims and demands made against us and
loss or damage suffered by us arising from our publication of your
material due to:
a. a breach of your warranty in clause 1;
b. any allegation that we have breached any intellectual property rights of any third party; and
c. any other civil or criminal liability we may be exposed to.CREDIT CHECKS
- For
the purpose of obtaining or providing a credit check/reference, you
authorise us to make enquiries and to use, exchange and disclose to any
credit provider or credit reporting agency, any or all information we
know or obtain concerning your creditworthiness.
GOVERNING LAW
- The law in force in New South Wales, Australia governs these terms and conditions.
IMPORTANT PRIVACY NOTICE
We collect the information on this form for the purposes of processing your order, making credit enquiries, keeping you informed about upcoming events and assisting in improving our service to you. We disclose the information (excluding your credit worthiness and e-mail address) to other members of the FAQ Interactive for these purposes.
