General
1. All advertisements accepted for publication are subject to the terms and conditions set out herein and in the various Your Pet Magazine publications (hereon referred to as "Pet") and documents.
2. The advertiser acknowledges Pet retains the copyright in any artwork or text prepared by Pet or its employees, and agrees to not use such artwork or text for any purpose other than advertising in Pet's publications however Pet may release (subject to Pet's absolute discretion) such copyright subject to a written application being made by the advertiser to Pet and such release may be granted on such terms and conditions as Pet may determine in its sole discretion from time to time.
3. The advertiser authorises Pet to dispose of any illustrations, artwork or other advertising material not collected by the advertiser within fourteen(14) days of publication.
4. Pet may negotiate rates for classified and/or display advertising, otherwise casual rates will be charged.
Advertising Bookings
5. The advertiser acknowledges Pet imposes a space booking deadline followed by a copy supply deadline. Failure to adhere to these deadlines may result in the advertisement not appearing as per the advertiser's booking instructions. The advertiser agrees to pay Pet the full cost for space booked when advertising copy and/or artwork is received after the copy deadline or when any advertisement is withdrawn after the space booking deadline. The advertiser acknowledges it is their responsibility to ascertain the appropriate deadline, which may be changed from time to time without notice.
6. All published advertisements will be charged on the size of the material supplied by the advertiser or by the space ordered, whichever is the greater.
7. The advertiser agrees to pay the rate prescribed for advertisements in the applicable Pet rate card current at the time of publication.
8. The placement of editorial and the positioning and colour of advertisements will be at the discretion of Pet. Without limiting this discretion Pet will attempt to position and colour advertisements in accordance with the advertiser's request if the advertiser has agreed to pay loading and colour charges respectively.
9. The advertiser acknowledges Pet may pay a commission, a maximum of ten(10) percent, to an advertising agent on the value of the space reserved. If typesetting services are requested by the advertiser a fee will be charged.
Contents of Advertisements
10. Pet reserves the right to reject, cancel, amend, refuse, change position or postpone publication of any reason at its absolute discretion. Requests for advertisements to be printed upside down or side on or any particular arrangements of type or display are subject to rejection without notice.
11. Whilst every care is taken in the publication of any advertisements, in the inserting of catalogues or any material in specified publications and in the distribution of Pet publications errors may sometimes occur. The advertiser agrees, even if the error results from the negligence of Pet's employees or agents, to indemnify Pet, its employees and agents against consequential losses or damages suffered by the advertiser arising from the error.
12. The advertiser agrees it is their responsibility to immediately notify Pet of any error in an advertisement which is published and notwithstanding clause eleven(11) of these terms and conditions, Pet will not be liable to the advertiser at all for any erroneous advertisement published.
13. Pet will not be responsible for any errors or omissions where advertisement instructions, copy or proof corrections are placed by telephone.
14. Pet will enclose within a border and have the word "advertisement" placed at the head of any space reserved for an advertisement which Pet considers has the appearance of editorial matter.
15. All advertisements submitted to Pet relating to federal, state, territory or local elections must comply with the relevant laws or statutes and special conditions which Pet may impose from time to time.
Advertising Rate Order
16. A monthly credit account must be established prior to an advertising rate order being accepted. The maximum term for any order is twelve(12) months and either party can cancel the order. If the order is cancelled by Pet, the advertiser shall pay for all past insertions at the rate applying to the amount of space used. Advertisers will be rebated if, within a twelve(12) month period from signing of the order, they have used sufficient additional space to warrant a lower rate than that specified in the order. Conversely, advertisers will be surcharged if, within a twelve(12) month period from the signing of the order, they do not use the amount of space specified in the order. Orders and/or renewals of orders must be in Pet's possession within one month of the commencement of new or renewed advertising. Rebates will not be made unless this condition is met and casual rates will be charged. All orders are subject to rate adjustments during their term.
Credit Accounts
17. All advertisements shall be charged to the advertiser or its agent and payment made in advance of publication, seven(7) days from the invoice date (in the case of a casual account), thirty(30) days from the invoice/statement date (in the case of a monthly account) or forty-five(45) days from the invoice/statement date.
18. Under Section 18E(8)(c) of the Privacy Act, Pet is allowed to give a credit reporting agency personal information about your credit application. The applicant agrees to Pet obtaining consumer credit information from a credit reporting agency for 1) assessing the application for commercial credit Section 18K(1)(b) and (c) of the Privacy Act of 1988, and 2) collecting overdue payments Section 18K(1)(h) of the Privacy Act of 1988. The applicant agrees that Pet may give to and seek from any credit provider information about the applicant's credit arrangements.
19. Credit accounts cannot be transferred to another business entity unless the Pet Credit Manager gives his/her approval. In the case of a transfer between accredited advertising agencies, both agencies shall immediately notify Pet in writing.
20. Failure to pay any account by the due date or failure to comply with any of Pet's terms and conditions will be regarded as a default. In the event of default, Pet at its absolute discretion may cancel or suspend any advertising of the advertiser and demand payment for all other advertising charges which would otherwise not have been due.
21. Should the advertiser fail to make full payment for the cost of an advertisement in accordance with Pet's terms of trade, then the advertiser agrees upon demand made by Pet or its agent, to pay costs, expenses and outgoings of and incidental to Pet or its agent exercising or attempting to exercise any right, power, authority or remedy consequent upon or by virtue of the advertiser's default in making payment for the cost of an advertisement. Such costs, expenses and outgoings shall include but not be limited to the fees payable to mercantile agents engaged by Pet as well as the fees payable to solicitors engaged by Pet (on a solicitor and own client basis).
22. Any rebates or commission otherwise payable by Pet are not payable in the event of default and shall not be offset against any amount owing to Pet.
Distribution
23 The advertiser acknowledges that Pet may engage distributors or other contractors to distribute any publications of Pet. Pet acknowledges that it will use its best endeavors to ensure that any publications are distributed as soon as possible after its publication.
Warranty & Indemnity
24. Advertisers and/or their agents upon and by lodging material with Pet for publication or authorising or approving of the publication of any material and in consideration of acceptance and publication of the same by Pet, jointly and severally INDEMNIFY Pet, its servants and agents against all liability, claims or proceedings whatsoever arising from the publication and its distribution or otherwise and indemnify each of them in relation to defamation, injurious falsehood, passing off, unfair competition, breach of warranty of authority or any breach of any federal, state, territory or local statute, regulation or other law giving rise to any civil or criminal liability whatsoever and WARRANT that the material complies with all relevant federal, state, territory and local laws and regulations and that its publication will not give rise to any rights against or liabilities in Pet, its servants or agents and in particular that nothing therein is capable of being misleading or deceptive or otherwise in breach of the Trade Practices Act.