Terms & Conditions
Standard Terms & Conditions for Advertising
1. These terms and conditions shall govern the agreement between
Summerhill Publishing Pty Ltd ("Leatherwood Online") and
the party seeking to place an advertisement ("the advertiser")
on the Leatherwood Online website (http://www.leatherwoodonline.com).
An advertisement shall include all advertisements, ad banners, text
advertising messages or other material submitted to Leatherwood Online
for publication on the website. Any advertising agency acting on behalf
of the advertiser will be jointly and severally liable with its client
for the advertiser's liabilities under this agreement.
2.
The submission of an insertion order for an advertisement is an offer
to contract not merely a reservation of space and can be rejected
at any time by Leatherwood Online up to the time of actual publication
on the website. Leatherwood Online accepts an advertisement for publication
only by publishing the advertisement on its website and in no other
manner. Prior to publication, no advertisement has been accepted
for publication and all advertisements are subject to rejection at
any time. An insertion order that has been submitted to Leatherwood Online
can be withdrawn or cancelled upon 30 days prior written notice to
Leatherwood Online.
3.
Except for classified advertisements placed through the automated online
service, all payments for an advertisement are due in advance until
credit approval by Leatherwood Online has been established and thereafter
invoices are payable within thirty days of the date of invoice. If
payments are not made in a timely manner, Leatherwood Online may terminate
this agreement immediately and withdraw the advertisement from the
website. A 1.5% per month handling charge will be applied to all
delinquent accounts outstanding after 30 days and any legal costs
incurred in the collection of payment will be borne by the advertiser.
With respect to classified advertisements placed through the automated
online service, the advertiser's credit card will be charged upon
submission of the advertisement and subject to Section 9 below, a
refund shall be credited in the event the advertisement is rejected.
4.
It is the responsibility of the advertiser to ensure that every advertisement
conforms to all advertising standards, applicable laws and other
regulations and does not contravene any third party's rights. Publication
of the advertisement on the website does not constitute acceptance
by Leatherwood Online that the advertisement does so conform and Leatherwood Online
has a continuing right to require the advertiser to change or modify
the advertisement to the extent it deems necessary to conform to
such requirements. Leatherwood Online reserves the right to withdraw the
advertisement from publication at any time without liability to the
advertiser if it considers in its absolute discretion that the advertisement
or any material to which users can link through the advertisement
fails to conform to the above requirements or is inappropriate for
or unsuited to the editorial policies of Leatherwood Online.
5.
To the full extent permitted by law, Leatherwood Online will not be liable
for any loss or damage, whether direct or indirect, including consequential
loss or any loss of profits or similar loss, in contract or tort
or otherwise, relating to the advertisement or this agreement or
any error in the advertisement or any failure of the advertisement
to appear on the website from any cause whatsoever. Leatherwood Online
will not be liable for any error in a published advertisement nor
its failure to appear at a specified time or in any specific position
or place on the website.
6.
The advertiser will be responsible for all charges, costs and expenses
relating to the publication of the advertisement on the website,
including production costs and the cost of any changes or modifications,
throughout the whole period Leatherwood Online has agreed to publish
the advertisement on the website. This does not apply to designs
created by Leatherwood Online on behalf of clients. The advertiser
will remain liable for all agreed charges throughout any time during
which the advertisement is withdrawn from publication. Agreed charges
are exclusive of any applicable gst, value added tax or other
tax or duty, which may be imposed by any relevant taxation authority.
The advertiser will be responsible for the insurance of any artwork
and other material delivered to Leatherwood Online and Leatherwood
Online cannot be responsible for any loss or damage. Leatherwood
Online reserves the right to charge the advertiser for all costs
and expenses incurred in changing or modifying any advertisement
that does not conform in every respect to the technical specifications
for the website (which can be supplied on request) or which contravenes
(in the opinion of Leatherwood Online) any of the requirements set
out in paragraph 4 above or is inappropriate for or unsuited to the
editorial policies of Leatherwood Online.
7.
The advertiser is solely responsible for any liability arising out
of publication of the advertisement or relating to any material to
which users can link though the advertisement. The advertiser represents
and warrants Leatherwood Online that the advertisement and any link comply
with all advertising standards, applicable laws and other regulations;
that it holds the necessary rights to permit the publication and
use of the advertisement by Leatherwood Online for the purpose of this
agreement; and that the use, reproduction, distribution or transmission
of the advertisement will not violate any applicable laws or any
rights of any third parties, including, but not limited to, infringement
of any copyright, patent, trade mark, trade secret, or other proprietary
right, false advertising, unfair competition, defamation, obscenity,
piracy, invasion of privacy or rights of celebrity, infringement
of any discrimination law, securities law or regulation, or of any
other right of any person or entity. The advertiser agrees to indemnify
Leatherwood Online and hold it harmless from any and all liability, loss,
damages, claims or causes of action, including reasonable legal fees
and expenses that may be incurred by Leatherwood Online arising out of
or related to a breach or any of these representations and warranties.
8.
The advertiser may not assign or transfer this agreement, in whole
or in part, without Leatherwood Online's prior written consent. Any attempt
to assign this agreement without such consent will be null and void.
9.
Should the advertisement be rejected for some reason prior to publication
on Leatherwood Online Website, the advertiser will be refunded the full
value of the payment made. It is possible that the credit card company
may pass on a minor charge due to differing currency rates between
the time the charge was made and the time the refund was made. The
advertiser agrees to accept this charge.
10.
The advertiser shall pay all taxes related to such advertiser's advertisement
on Leatherwood Online Website.
11. This agreement will be governed by and construed in accordance
with the laws of Australia.
12. This agreement is the complete and exclusive agreement between
the parties relating to its subject matter, superseding and replacing
all prior agreements, communications, and understandings (both written
and oral), provided that all pricing will be governed by Leatherwood Online's
rate card, whether printed on paper or electronically. Terms and conditions
on any insertion order or booking form supplied by the advertiser will
not be accepted as part of this agreement. This agreement may only
be modified, or any rights under it waived, by a written document signed
by both parties.
|