Terms and Conditions
1. Contract to Supply
3. What we expect from you
You are required to:
ensure that the material you supply, post or publish to Ausadvertising or Website is accurate, complete, up to date and suitable;
comply with all relevant Local, State and Commonwealth laws and regulations and, where applicable, all national and international laws and regulation;
respect our and other users' rights including but not limited to Ausadvertising intellectual property rights subsisting in material available on or through the Website and or Ausadvertising service.
4. What you are not permitted to do
You will not:
use the Multimedia Services or Website for illegal purposes including without limitation the supply or posting of information encouraging conduct that would constitute a criminal offence;
provide telephone numbers that are listed on or form part of the Commonwealth Do-Not-Call Register;
provide or post any material which violates any intellectual property rights (including, without limitation, patents, trade marks, trade names, copyright and design rights and whether remittable, registered or unregistered) or other rights of any person in any jurisdiction in the world;
provide or post to any site regarding the provision of your Ausadvertising services or website including any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;
provide or post or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs;
damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Website or the Multimedia Services;
use the Multimedia Services to engage in misleading or deceptive online marketing practices;
use the Multimedia Services to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email;
resell, rent or lease either the Ausadvertising services, or use of or access to the Website;
republish in any form, in part or in full, the Ausadvertising Multimedia services, the Website, the database, the services presentation, layout or the overall look and feel.
5. Fees & charges
All fees and charges shown on the Ausadvertising website or quoted orally or otherwise by Ausadvertising exclude GST, unless marked otherwise. Fees and charges may be varied at any time by Ausadvertising and changes may be applied by Ausadvertising following thirty (30) days' written notice to you/your company.
Following your written application or oral agreement with a Ausadvertising sales representative to commence a paid service, you will be issued with a tax invoice.
Service period for paid service commences only once the service is established, which may be up to ten (10) business days after a revised service is agreed, and will be for a minimum period of 90 days (excluding special offers).
You/your company agree to pay all amounts due for the service in advance. When a service is extended pursuant to Clause 1 Ausadvertising will issue a tax invoice/receipt immediately on receipt of the payment.
If you have elected to pay by credit or debit card and provided the necessary card details to Ausadvertising, then Ausadvertising is entitled to process the credit or debit card for all amounts due to Ausadvertising for the service, including recurring term payments following the initial term and termination charges. If a card processing transaction is unsuccessful Ausadvertising may continue to process the card until payment is effected.
Ausadvertising is not responsible for any costs arising for you/your company as a result of insufficient funds or multiple card presentations required for collection of payments due to Ausadvertising.
Ausadvertising reserves all rights to undertake any actions it deems necessary to recover unpaid fees and charges, and you/your company will be invoiced for and responsible for payment of all costs reasonably incurred by Ausadvertising, including commissions and solicitors' fees if they arise, in recovering amounts due.
You acknowledge that:
you/your company have entered into an agreement with Ausadvertising to publish and use your business information in the Multimedia Services, Websites and related services, including the receipt of commercial voice calls and electronic messages from Ausadvertising.
Ausadvertising does not review or vet or exercise any direct supervision or control over the content or any material that you or others supplied or posted on your behalf to Ausadvertising or any associated link;
Ausadvertising is not responsible for the content or conduct of any site linked to or from the Ausadvertising services or Website;
Ausadvertising is not responsible for any service interruptions or access difficulties to services provided or on any associated websites. AusAdvertising uptime goal is to exceed 99.9% annual availability for supplied online services;
you/your company are, and operate as, a business and as such are subject to laws and practices applicable to businesses;
For paid service transitioning to a new or extended term payment per (7) above Ausadvertising will utilize credit card or direct debit processes applied for previous payments for ongoing term payments unless otherwise advised by you.
Ausadvertising On Air multimedia products require specialist knowledge and skill in formulating material provided by you into a form suitable for use in a broadcast service. You acknowledge that Ausadvertising has full creative control of that process; and consequentially further that you will be responsible for additional charges on each occasion that a reformulation of the material is required.
Ausadvertising Search Engine Marketing multimedia products require specialist knowledge and skill in formulating material provided by you into a form suitable for use in a Google service. The Google Adwords Terms and Conditions also apply additionally for this service. You acknowledge that Ausadvertising has full creative control of that process; and consequentially further that you will be responsible for additional charges on each occasion that a reformulation of the material is required. Special Offers and Trial Services, when supplied as a Search Engine Marketing services include campaign design, composition, copywriting, Adwords supply and management components.
Ausadvertising multimedia products and services rely upon the skill, knowledge, timely customer information and the cooperation of third parties in formulating and delivering campaigns within a period. You acknowledge that whilst Ausadvertising uses its best endeavours to deliver the planned service within a period, external factors may impact planned outcomes and these are outside our control and responsiblity.
7. Intellectual Property Rights
Ausadvertising continually updates, edits and authors the content of the entries, descriptions, contact information, email addresses, the databases and business categories that comprise the works and the content remain Ausadvertising's or our licensor's sole and exclusive property.
All intellectual property rights in data, information and materials utilized in the Multimedia Services or on the Website including, without limitation, all software, tools, know-how, methodologies, equipment or processes, shall remain Ausadvertising's or our licensor's sole and exclusive property. You acknowledge and agree that you shall not acquire any rights, title or interest in or to any of our intellectual property rights.
Certain Ausadvertising products use materials customized for individual users including internet addresses (URLs). Such materials including URLs sourced by Ausadvertising are the property of Ausadvertising. License or property rights in such materials may be transferable to you subject to Ausadvertising's consent and prior payment by you of applicable fees and any third party charges.
By placing any information or other material in Ausadvertising services or Website you grant us a non-exclusive, perpetual, royalty free, unrestricted, worldwide license to edit, reproduce, adapt, translate, exhibit, publish, make available to the public, redistribute, transmit, broadcast, publicly perform, transfer, sublicense and otherwise use such material. This grant includes the right to exploit all intellectual property rights in any such information or other material including but not limited to rights under copyright, trade mark or patent law in any jurisdiction in the world.
8. Ausadvertising Rights
We reserve the right to:
modify, discontinue or terminate any services Ausadvertising offers at any time without notice or liability to you; and
9. Exclusion of Warranties
We do not warrant that the service is error or fault free or that it will meet your requirements.
10. Limitation and Exclusion of Liability
To the extent permitted by law:
where the services Ausadvertising provides to you are subject to warranties or terms implied by statute, general law, international convention or custom which cannot be excluded, restricted or modified, Ausadvertising's liability for breach of any such condition or warranty will be limited to the re-supply of the service(s).
Ausadvertising excludes any and all liability to you or any other person for any loss or damage, whether arising in contract, negligence or otherwise out of or in connection with any use of the Website or the Multimedia services or information on or provided though the Website or services.
without limiting sub clause (b), Ausadvertising excludes all liability to you or any other person (whether in contract, negligence, tort, equity or otherwise) for any consequential, indirect, incidental, special, punitive or exemplary damages, including without limitation any loss of profits, loss or corruption of data or loss of goodwill, even if Ausadvertising has been advised of the possibility of such loss or damage.
12. Commencement of Contract
13. Termination of Free & Paid Services
Termination of paid service contract or cancellation of service must be requested by you or authorized representative of your company using the Ausadvertising Cancellation Request Form, which will be sent to you on request. The completed and executed Cancellation Request Form must be returned to Ausadvertising by fax to (02) 9299 9021, email to firstname.lastname@example.org, or mail to PO Box Q1829, Queen Victoria Building, NSW 1230.
The effective date of a termination of a paid service contract or cancellation of service will be thirty (30) days after receipt by Ausadvertising of a valid and properly authorized Cancellation Request Form from you/your company. You/your company will be responsible for all service payments to Ausadvertising up to the effective termination or cancellation date.
If you/your company wish to terminate prior to the end of a paid service term then an early termination charge may be applied based upon the time remaining. Special offer contracts in their initial term at effective monthly rates below the Ausadvertising standard tariff do not qualify for any refund. Early termination of extension and renewal special offer contracts will be assessed at the standard monthly tariff.
Ausadvertising may terminate for cause the Contract to Supply and/or a term service contract if you/your company breach Clause 4, "What you are not permitted to do".
In the event of any type of termination of the Contract to Supply or paid service contract Ausadvertising will not be liable to you for any claims of any kind arising from removal of your services whether on account of the loss by you of present or prospective profits, anticipated orders, expenditures, investments or commitments made, goodwill created or on account of any other cause whatsoever.
14. Circumstances Beyond our Control
Ausadvertising will not be liable for any failure or delay in the performance of our obligations to you under the Contract to Supply if that failure or delay is due to circumstances beyond Ausadvertising's reasonable control including, without limitation, any act of God or other cause including any mechanical, electronic, communications or third party supplier failure.
Ausadvertising may provide notices to you by simply posting the notice on the Website or by your supplied email. This is in addition to any other mode of services permitted by law.
Headings in this Agreement are for convenience only and shall not be used to interpret this Agreement.
17. Refund Policy
Upon receipt of such a complying termination notice Ausadvertising will confirm the notice with the authorised sender and refund any outstanding prepaid amounts applicable to service beyond the effective date of termination.
Any direct debit arrangement with Ausadvertising via credit card, bank account or other means, will be cancelled promptly by Ausadvertising following the settlement of amounts due to you or to Ausadvertising following a complying termination of service contract.
Ausadvertising (ABN 52 116 908 546). All rights reserved.