ADVERTISING TERMS AND CONDITIONS
The placing of an order for any Advertising by a Customer constitutes acceptance by the Customer of these Terms and Conditions and of all rates set out by Wades Digital in the relevant rate cards unless otherwise agreed in writing by Wades Digital. To the extent that any order submitted by the Customer attempts to include terms that are inconsistent with these Terms and Conditions, those terms will not apply.
2. CANCELLATION (LED BILLBOARD ADVERTISING)
Any cancellation of LED Billboard Advertising by the Customer must be made with at least 28 days written notice. Advertising cancelled with less than 28 days notice will be forfeited by the Customer and Wades Digital is under no obligation to provide any refund or credit in respect of the notice period.
The cancellation by the Customer of any LED Billboard Advertising after the booking deadline will incur a cancellation fee of 100% of the charges that would be payable by the Customer if the Advertising had been published or completed.
4. CUSTOMER UNDERTAKINGS
The Customer undertakes and warrants to Wades Digital that no Advertisement will:
(a) breach or infringe the Competition and Consumer Act 2010
(b) infringe copyright, trade mark or other intellectual or moral property rights of any person;
(c) contain material that is obscene, offensive, defamatory, or otherwise unsuitable for publication;
(d) breach or infringe any laws relating to therapeutic goods, financial services, anti-discrimination, political publication, publication of court or tribunal materials, or any other State or Commonwealth legislation, rule or ordinance; or
(e) give rise to any liability on Wades Digital, cause Wades Digital to be in breach of any law by virtue of publishing the Advertisement, or result in a claim being made against Wades Digital.
(a) If in Wades Digital’s reasonable opinion, the Advertisement breaches any term of these Terms and Conditions or the publication of the Advertisement may damage Wades Digital’s reputation or would otherwise be contrary to Wades Digital’s legitimate business interests,
Wades Digital may:
(i) with or without notice to the Customer alter or abbreviate to the extent reasonably necessary any Advertisement
(ii) at any time and without notice to the Customer cancel, reject or refuse to publish or continue publishing any Advertisement at any time prior to, or after, publication of the Advertisement, provided this right will not be unreasonably exercised.
(b) Without limiting clause, the Customer acknowledges that it remains responsible for all Advertisements submitted by it and Wades Digital has no obligation to review any Advertisement nor to alter, amend, cancel, reject or refuse to publish or continue publishing any Advertisement.
By submitting or authorizing submission of an Advertisement for Advertising, the Customer indemnifies Wades Digital (and its employees, officers and agents) against any proceedings, demands, losses, costs (including legal costs on a full indemnity basis), damages and other liabilities of any nature taken, made or awarded against or incurred by Wades Digital (and/or its employees, officers and agents) (“Loss”) arising from or in connection with:
(a) the Advertisement or any Advertising; or
(b) any breach of these Terms and Conditions by the Customer,
except to the extent that the Loss was caused or contributed to by:
(c) breach of these Terms and Conditions by Wades Digital; or
(d) breach of any consumer guarantee that cannot be excluded by Wades Digital; or
(e) the negligent or fraudulent act or omission of Wades Digital, its employees, officers, agents or contractors.
7. NO GUARANTEE OR WARRANTIES
Wades Digital shall not be liable for any loss or expense incurred for any technical malfunction, computer error, power outage, LED billboard malfunction or loss of data other than as a result of Wades Digital’s gross negligence or fraud.
The Customer must pay Wades Digital for Advertisements and any required Production Services in relation to such Advertisements:
(a) in accordance with the rates set out in the relevant rate cards (the rate cards may be varied at any time by Wades Digital without notice and will apply to new Advertising submitted following the change of rates) unless otherwise agreed in writing by Wades Digital;
9. FAILURE TO PAY
If Wades Digital does not receive any payment on or before the date that such payment is due,
(a) cancellation of credit to the Customer;
(b) Immediately and without notice, suspend or cancel all Advertising orders of the Customer and terminate any agreement in relation to Advertising not yet published, and in relation to which payment has not yet been received;
All information supplied by Wades Digital to the Customer in relation to Wades Digital’s finances and affairs, media locations, contracts, pricing, methods of business and any other information which is designated confidential by Wades Digital will be regarded as confidential and the Customer must maintain and ensure that its officers, employees, contractors and consultants maintain strict confidentiality in respect of such confidential information.