Terms & Conditions

Prime Creative Media – Terms & Conditions

 

These terms and conditions (“Terms”) apply to any person or company named on the Booking Form (herein referred to as “Client”) entering into an arrangement with Prime Creative Media (herein referred to as “PCM”) regarding the publication and distribution of printed or electronic display advertising, content, electronic direct mail, or any other promotional material or services (herein referred to as “Advertising”) in or via any of PCM’s publications, websites, newsletters, bulletins, or events [herein referred to as “Publications”].

 

  1. Agreement

The specific terms of publication, distribution and payment between the Client and PCM shall be outlined in the Booking Form. The Booking Form and these Terms form a contract between the Client and PCM (“Contract”). The Client enters into the Contract by returning the signed booking form to PCM, or via written agreement sent over email.

  1. Provision of material
    • In any material provided by the Client to PCM, the Client warrants that:
      • The Client owns the full copywrite of that material;
      • The material does not breach any law or rights of any other person;
      • The Client has the right to represent the individual, entity, product, or service mentioned in the material; and
      • If Advertising promotes a competition or trade promotions, Client has obtained all permits.
    • The Client must provide Advertising artwork by given Material Due Date outlined in Booking Form failing which PCM may in its sole discretion:
      • supply alternative artwork, including past advertisements; or
      • charge the Client a date change fee of $150.
    • The Client must provide Advertising to specifications provided by PCM for relevant publications.
    • PCM will charge a rate of $110 per hour for any work requested by the Client to produce or alter Advertising to fit publication specifications.
    • PCM reserves the right to refuse any artwork, for any reason, with notice to the Client.
    • PCM will not be liable for any loss of or damage to materials provided by the Client.
    • Client grants PCM a worldwide, royalty-free, non-exclusive, irrevocable licence to publish the Advertising in the form and medium as agreed to in the Booking Form.
    • Client cannot resell Advertising to a third party without PCM’s consent.
    • The Client indemnifies PCM on a full indemnity basis against any loss in connection with Advertising.

 

  1. Placement of Advertising
    • PCM will endeavour to publish Advertising in the format and position agreed to with the Client, and stated on the Booking Form.
    • Where no position is explicitly stated on Booking Form, PCM will use reasonable efforts to publish Advertising in the format and position requested by the Client. However, PCM reserves the right to vary the placement of Advertising.
    • In the case of listings, PCM will publish Client listing under the heading PCM determines most appropriate, unless otherwise agreed between the Client and PCM in writing.

 

  1. Cancellation
    • The Client must give thirty (30) working days’ notice prior to Advertising Deadline outlined in the Booking Form to cancel the Contract.
    • The Client will be liable to pay PCM the difference of any multiple booking pricing given based on the listed pricing.
    • If the Client cancels its booking between thirty (30) and ten (10) working days before the Advertising Deadline, then the Client will pay PCM 50% of the agreed costs as a cancellation fee.
    • If a Client cancels within 10 working days before the artwork deadline, then the Client will pay PCM 100% of the agreed costs.

 

  1. Payment
    • The Client will pay PCM the Fees specified in the Booking Form.
    • Unless otherwise specified in the Boking Form, PCM will send invoices to Client within seven (7) working days of the date when Advertising appears in Publication.
    • Client must pay PCM within thirty (30) days of invoice issue date, unless alternative terms are agreed to in writing by PCM’s Managing Director.
    • Unless otherwise stated, any prices listed on any PCM documentation or via an email are exclusive of GST.
    • All amounts shown on PCM invoices are in Australian Dollars, unless otherwise stated.
    • All payments must be made in Australian Dollars, or the equivalent in foreign currency covering any international exchange fees.
    • Interest at the rate of 5% per month will be charged on overdue amounts. The Client indemnifies PCM on a full indemnity basis against any loss, costs and expenses incurred by PCM in the recovery of any overdue amounts.

 

  1. Credit checks and credit reporting
    • The Client authorises PCM to make enquiries and to use, exchange or disclose to any credit provider or credit reporting agency, any or all information PCM knows or obtains concerning a Client’s credit condition.

 

  1. Liability
    • PCM excludes all implied conditions and warranties from these terms, except any condition or warranty that cannot be included by law.
    • Notwithstanding any other provision of the Contract, the liability of PCM to the Client, whether arising under or in connection with the Contract or the performance or non-performance thereof or anything incidental thereto, and whether for breach or repudiation of contract, by way of indemnity, by statute (to the extent that it is possible to exclude and limit such liability), in tort (arising in respect of negligence, bailment or otherwise), or on any other basis in law or equity is hereby limited and excluded as follows:
      • (a) PCM shall have no liability whatsoever to the Client for loss of use, production, profit, revenue, business, data, contract or anticipated benefit or saving, or for any delay or for any financing costs or increase in operating costs or any economic loss or financial loss or cost (whether similar to the foregoing or not, and whether suffered by the Client itself or a result of a claim by a third party) or for any special, indirect or consequential loss or damage;
      • (b) the total aggregate liability of PCM to the Client is limited to the amount equal to the amount equivalent of the Fees paid by the Client to PCM under the Contract that gave rise to such liability in the six (6) months preceding the relevant liability.
    • PCM will not be liable for any loss or damage incurred by a Client arising from PCM’s failure to publish Advertising in accordance with the Client’s request.
    • PCM will not be liable for any delay or failure to perform the Contract caused by a factor outside of PCM’s reasonable control, such as any natural disaster, war, breakdown of plant, or other. If PCM is unable to publish Client Advertising, PCM will not be liable for any costs beyond the maximum refund amount the Client paid.
    • Printer error or incorrect placement does not invalidate the contract agreed to in the Booking Form between the Client and PCM.
    • This clause 7 survives any termination of the Contract.

 

  1. Confidentiality
    • PCM and the Client will treat as confidential the following:
      • All agreed pricing stated in Booking Form, listed on invoices, or discussed in any email, phone, text, or in-person conversation;
      • All information generated in the negotiation and performance of Advertising, including all data relating to prices, budgets, forecasts, volumes, etc.;
      • All data provided in any digital or other report; and
      • and any other information which would reasonably be considered to be confidential.

 

  1. Agency Booking
    • Agencies will be paid, or reimbursed, a ten cent (10 %) booking fee, only if full payment is made within 45 days of end of the month where invoice falls.
    • If agency payments fall outside of 45 days of month where invoice falls, all entitlement to agency fees will be waived.

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