These Terms and Conditions for Advertisers set out the terms and conditions upon which Head Of Sales (ABN 62 631 577 305) accepts material for publication from advertisers for inclusion in the Head Of Sales digital publications or websites.
By submitting an order to Head Of Sales (HOS), you agree to the Advertising Terms and Conditions.
You must provide electronic copies of all materials necessary to publish your advertisements in the format advised by Head Of Sales by the due date notified by us. Advertising material is due 5 business days before the commencement date. Material can be emailed to advertising@headofsales.com.au or directly to your account manager.
Rates
The agreed rates are detailed in your media proposal document will not be altered during the agreed advertising period, unless mutually agreed upon.
If you wish to cancel your advertisement, HOS may charge you a cancellation fee up to 100 percent of the value of the advertising.
Invoicing
All payments must be in Australian dollars.
Credit card payments may be subject to a surcharge. The amount of the surcharge will be set out on the invoice.
An invoicing schedule will be provided in advance and all invoices must be paid within 14 days from the invoice dates.
If invoices are not paid on time and in full, HOS may:
- remove future advertisements from the Publications; and
- recover the outstanding amount specified in the invoice together with interest, legal costs, bank fees and charges, any other expenses incurred in attempting to recover the debt (including any fees and commissions or other amounts paid to collection agency).
Refunds
HOS may, at its sole discretion, refuse to publish any advertisement.
HOS may also cancel or suspend publication in the event of any delay or non-performance due directly or indirectly to wars, terrorism, strikes, lockouts, delays or defaults of suppliers, acts of God, or any other cause beyond HOS reasonable control.
If HOS does not publish an advertisement for any reason, HOS will only be liable to refund you the amount you paid for the publication of the advertisement.
If HOS partially delivered the services (for example by publishing the advertisement twice rather than four times), HOS will only be liable to refund you the amount you paid for the services that were not delivered.
No refunds are payable, and we are entitled to invoice you in full, where we did not publish your content because you:
- notified us after the booking date that you did not wish to proceed; or
- failed to provide us with your content in an appropriate format by the due date notified to you.
Privacy
The information you provide is being collected by HOS for the purposes of publishing and processing your advertisement and keeping you informed of upcoming products, services and other related offers.
If you ask to pay on account (rather than on placement of your advertisement), HOS may use and disclose your personal information for the purposes of undertaking credit checks.
Responsibility for content of advertisements
When you provide advertisements or other material for inclusion in a Publication, you warrant that:
- you own the intellectual property in that material or have the right to authorise HOS to use and publish that material;
- you have obtained the consent of any individuals whose personal information appears in the advertisement;
- the material does not breach any law, is not defamatory or obscene and does not infringe the rights of any other person or body;
- the material does not contain any virus, disabling or malicious device or code, worm, Trojan, time bomb or other harmful or destructive code; and
- you have the right to represent the individual, entity, product or service mentioned in the advertisement.
You indemnify HOS and its officers, employees and agents against all suits, claims and demands made against HOS and loss or damage suffered by HOS arising from the publication of your advertisement due to:
- breach of this warranty;
- any allegation that HOS has breached any intellectual property rights or moral rights of any third party; and
- any other civil or criminal liability HOS may be exposed to.
Warranties
To the extent permitted by law, HOS gives no express or implied warranties.
While every care will be taken to ensure prompt and accurate insertion of an advertisement, HOS is not liable for any loss occasioned by the failure of an advertisement to appear in any specified issue or on any specified date.
The maximum liability of HOS for any damage to you (including, without limitation, for printer errors, casual displacements, omission, inability or failure to publish an advertisement in a Publication) is the amount paid by you.
Other
HOS may modify these Additional Terms and Conditions for Advertisers at any time by sending you a written notice. The variation will apply to all orders, including orders issued prior to the date of the notice.
If any part of these Additional Terms and Conditions for Advertisers is held invalid that part will be severed and the rest of these Additional Terms and Conditions for Advertisers will continue to be valid and enforceable.
Termination of these Additional Terms and Conditions for Advertisers will not end those provisions that are capable of surviving.
These Additional Terms and Conditions for Advertisers are governed by the laws of New South Wales and each party agrees to the non-exclusive jurisdiction of the courts of New South Wales.
