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.
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 An insertion order that has been submitted to Leatherwood Online can be withdrawn or cancelled upon 30 days prior written notice to Leatherwood Online.
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.
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.
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.
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.
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.
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.
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.
The advertiser shall pay all taxes related to such advertiser’s advertisement on Leatherwood Online Website.
This agreement will be governed by and construed in accordance with the laws of Australia.
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.