By signing the advertising booking form you agree with Unimail Pty Limited (“Unimail”) to be bound by the following terms and conditions:
1. Unimail may cancel or reject any advertising for any reason at any time without liability, even though previously acknowledged or accepted. All advertisements are accepted and published upon the representation by you that you are authorised to publish the entire contents and subject matter thereof and that such publication will not violate any law or infringe upon any right of any party.
2. In consideration of the publication of advertisements you agree to indemnify and keep indemnified Unimail from and against all liability, claims or proceedings whatsoever arising out of the publication of such advertisements, including, without limitation, those arising from claims or suits for defamation, slander, copyright or trademark infringements, misappropriation, violation to the right of privacy or publicity, breach of any provision of the Trade Practices Act 1974, or from any and all similar claims now known or hereafter devised.
3. Unimail shall not be subject to any liability whatsoever for any delay or failure to publish or circulate all or any part of any issue or issues for any circumstance, including but not limited to strikes, work stoppages, accidents, fires or acts of God.
4. You acknowledge that Unimail template, print and circulate advertisements prepared by you and Unimail shall not be subject to any liability whatsoever for any response or lack thereof from the advertisements’ target audience.
5. No terms or conditions, printed or otherwise, appearing on contracts, insertion orders or copy instructions which conflict with the provisions of this rate contract or which are inserted unilaterally by you will be binding on Unimail.
6. If you request Unimail to make any additions or deletions to advertisements previously supplied by you, Unimail shall bear no responsibility for any errors made in connection with such additions or deletions.
7. You shall pay Unimail the total invoice amount for all advertising which shall comprise of the amount shown for advertising space, the cost of a proof if not supplied with artwork, all government taxes and charges including GST and other costs including artwork, typesetting, authors corrections.
8. Invoices are upon receipt by Unimail of the advertising booking form and payment of the invoice is due within 30 days of the invoice being rendered. GST will be added with invoicing.
9. You are liable for the payment of invoices for advertising published hereunder. Unimail reserves the right to charge interest on invoices not paid within 45 days, at the equivalent daily rate of interest of commercial bank interest. You are liable for any charges incurred by a returned cheque plus an administration fee of $30.
10. You agree to pay Unimail a cancellation fee of 25% of the total amount invoiced if you cancel the booking prior to the pagination date. After the pagination date the cancellation fee payable is the total amount of the invoice. After the text has been approved, cancellation of a Unimail online employer profile will not entitle you to any refund.
11. You agree to pay Unimail for all costs incurred by Unimail in collecting outstanding debts.
12. In providing your credit card details to secure your booking, you authorise Unimail to debit your credit card on the due date, unless otherwise agreed in writing.
13. If any invoice and/or cost, expense or any other claim remains unpaid by you for a period in excess of default, you authorise Unimail to do any or all of the following things:
a) to create a charge over the property of the directors of the company invoiced;
b) to create a charge fixed and/or floating over the assets of the company invoiced;
c) if any individual is invoiced create a charge over the individuals property; and
d) if a registered business name is invoiced, create a charge over the individual and/or company trading under the business name, and/or directors of the company;
for the total amount due and owing on the invoice and/or other moneys owed to Unimail.
14. Unimail reserves the right to use the services of a credit-reporting agency should you require credit facilities.
15. You acknowledge that Unimail may make enquiries in accordance with the Privacy Act 1988 as to the information provided herein in relation to you, and your directors and related entities (if a company).
16. If you cancel advertising booked under a frequency discount agreement, you will be invoiced for the rate difference. Bookings must be consecutive unless otherwise agreed in writing with Unimail. All cancellations must be in writing.
17. If you are booked on an existing frequency booking and pay your invoices after the due date by credit card, will incur a 4% surcharge (credit card charge plus interest).
18. Any condition on contracts, orders or copy instructions involving the placement of advertising within an issue (such as page location, competitive separation or placement facing editorial copy) will be treated as a positioning request only. Unimail’s inability or failure to comply with any such condition shall not relieve you of the obligation to pay for advertising.
19. Unimail may return or destroy all advertising material which remains in its or its printers possession 6 months from the last month of the publication of the advertisement to
which the material relates without being required to give notice to any person or agency and without any way being responsible for any loss.
20. Unimail may crop or alter any prints or artwork or other materials supplied in order to conform to mechanical specifications, without being responsible for any loss.
21. You may not make changes in advertising after pagination.
22. The editorial calendar may change without notice.
23. Where advertising is not received by the material deadline date, then Unimail shall be entitled to insert in that issue in its place copy previously used for the purposes of the order and to apply the rate applicable to that advertising.
24. Unimail is not responsible for any changes made after pagination.
25. Unimail utilises Computer to Plate technology and you must supply finished digital artwork to specifications. Unimail cannot be held responsible for the quality of reproduction when specifications are not adhered to, or when materials are not received by the pagination date. Your disks will not be returned unless requested in writing.
26. Unless the parties agree otherwise, the copyright in all works of art created by Unimail is the property of Unimail.
27. If you fail to provide all or part of the services offered by it in return for Unimail’s placement of the advertisements in the publication as agreed, you shall be liable to pay for all the advertisements at Unimail’s usual standard rate plus any damages incurred.
28. This contract constitutes the entire agreement between the parties and supersedes all communications, negotiations, arrangements and agreements wither oral or written, between the parties with respect to the subject matter of this contract unless otherwise agreed in writing between the parties.
29. If any clause in this agreement is determined to be unenforceable for any reason, this shall not effect the enforceability of the rest of the agreement, which shall be read as if that particular clause never formed part of this agreement