Bookings, requests or orders for advert submissions are governed by these Standard Terms and conditions:
- Bookings which state rates other than the ASA’s current published rates will not be binding on ASA (unless approved by the ASA on a relevant Advertising Sales Quote), and will be deemed as a request for advertising rate variation.
- All advertising costs must be prepaid before an ad will display:
- The client may not resell, assign or transfer any booking for advertisements or content;
- The Client must submit to the ASA all finalized advertising material no later than five working days prior to the date on which the advertising campaign is scheduled to commence.
- Any offer by the ASA to publish advertisements and/or integrate content for the client is made on these Standard Terms and Conditions and is intended for Advertisers only;
- The placement or other communication of an order for advertising or content integration with the ASA will constitute the Client’s unconditional acceptance of these Standard Terms and Conditions;
- Any failure by the ASA to publish any requested advertisement or to integrate any particular item of content will be deemed to constitute a rejection of the order for such advertisement, but does not constitute a breach of contract or otherwise entitle the Client to any legal remedy from ASA or the advertising syndication partner or any of the ASA’s or the advertising syndication partner’s affiliation partner’s affiliates.
Production of the Advertisement
If the client asks the ASA to produce an advertisement or item of content for integration, the Client must:
- Pay the “production fee” set out in a Advertising Sales Quote, or if no quote is specified then the amount set out in the ASA’s then current rates,
- Provide the ASA with all relevant material and design instructions at the time of completion of the order form;
- All relevant material and design instructions must be supplied in the manner and in the format ASA specifies.
- Included in the production fee is the opportunity to request amendments or alterations to the advertisement on one occasion only.
- Under no circumstances will the ASA be liable for any financial or other compensation in connection with any cancelled advertisements.
- The advertiser must ensure a 5-day lead-time before the scheduled commencement of the advertising to ensure it meets the ASA’s requirements.
- A cancellation by the Client of any type of activity (advertisement or content integration) within the period of 3 days from the campaign date will be “Deleted and Charged”. A cancellation fee of AUD$50.00 or 10% of the total advertising budget which is ever greater plus the Booking Costs plus will be charged.
- Deferment is permissible and will allow the client to reschedule an activity to commence on a later date.
- All deferments must be published within two months of the date of the deferment notice.
- All of the ASA’s advertising and production rates are subject to change at the ASA’s sole discretion;
- The ASA will use its commercially reasonable effort to announce all advertising and production rate changes at least thirty (30) days in advance of their effective date.
Links to websites
Under these terms and conditions the Client warrants and represents to the ASA that each website represented by any URL shown or embedded in any relevant advertisement or any object in any such advertisement or in any integration content:
- Is controlled and operated by the Client, its independent contractors or a client of the Client (in the event the Client is an advertising agency applying on behalf of its own client;
- Will be functional and accessible at all times,
- Will at all times operate in compliance with all applicable laws, regulations and relevant industry codes, and
- Is suitable in all respects including subject matter to be linked to and from the ASA website containing the advertisement or integrated content. ASA may test all relevant URLs, and may remove any URLs which in ASA's sole unfettered opinion fail to comply with the any of the above requirements at any time.
Commitment & Payment
By submitting an Advertising Booking or Order to the ASA, the Client agrees to be liable for all relevant fees and costs of such booking or order.
No representation or warranties: No damages
The provisions of this paragraph are subject to the terms of the following paragraph regarding Australian consumer warranties.
Any of ASA's services which are the subject of these Standard Terms and Conditions for Advertisers are provided without warranties of any nature, and the ASA disclaims all warranties, express or implied, including without limitation any implied warranties of merchantability and fitness for a particular purpose.
In no event will the ASA be liable for any form of loss, damage, liability or expense whatsoever including but not limited to consequential, indirect, incidental, or special damages, damages for loss of profits, business interruption, loss of or unauthorized access to information, and the like, even if the ASA has been advised of the possibility of such damages. For the avoidance of doubt, the ASA will not be liable to the Client for any form of loss or damage whatsoever arising from any discrepancy, fault or malfunction of any third party ad server. In no event will the ASA be liable to the Client for an amount in excess of the total dollar amount actually received by ASA from the Client for the relevant advertisement(s) or integrated content.
The Client acknowledges that the ASA has not made any warranties in respect of any advertisement, the use of statistics or the level of impressions to be achieved. All statistics are not to be construed as expected future performance and are to be regarded as inductive only. For the avoidance of doubt, the ASA does not make any representations about the number or placement of impressions made pursuant to the Client’s participation. The Client is not entitled to any reduction in fees due to the ASA achieving a level of ad impressions during the relevant period which is lower than expected.