Terms and Conditions of Booking Media
Ad material must be supplied as per the specifications of the media provider and that supplied by MPA
Ad material must be supplied prior to the material deadline specified by MPA. Failure to do so will warrant the client responsible for the fuil cost of the advertising media.
Ad material acceptance is subject to the sole discretion of the publisher. MPA is not liable should the publisher refuse to publish the material.
6.1 Customer must promptly check proofs of Advertising (if provided to the Customer by MPA) and notify MPA of any errors in the proofs or in published Advertising.
6.2 MPA does not accept responsibility for any errors submitted by the Customer or its agent, including errors in Advertising placed over the telephone.
6.3 Customer must send any claim for credit or republication in writing to MPA no later than 7 days after the date of publication of the Advertising.
7. Advertising Rates and GST
7.1 The Customer must pay for Advertising, unless otherwise agreed, at the casual ratecard rate. Ratecard rates may be varied at any time by MPA without notice. Customer must pay GST at the time it pays for Advertising.
MPA will provide a tax invoice or adjustment note (as applicable).
7.2 Eligibility for discounts or rebates will be based on the Customer’s GST-exclusive advertising spend.
8. Credit and Customer Accounts
8.1 MPA may grant, deny or withdraw credit to a Customer at any time in its discretion. Customer must ensure that its Customer account number is available only to those employees authorised to use it.
Customer acknowledges it will be liable for all Advertising placed under Customer’s account number.
9.1 The Customer must pre-pay for Advertising if required by MPA. If Advertising is on account, payment must be within 7 days of date of the invoice or, for certain Rural Press publications,
within 21 days of the end of the month in which the invoice is issued. If a commercial account has been established with MPA, payment must be within 30 days of invoice date.
9.2 If Customer fails to provide the copy for a booking by publication deadline, Customer will be charged unless a cancellation is approved by MPA. If MPA accepts Advertising after the deadline, it will be deemed out of specification.
Customer has no claim against MPA for credit, republication or otherremedy for out of specification Advertising.
9.3 Customer must pay the full price for Advertising even if MPA varied the format or placement of the Advertising or if there is an error in the Advertising, unless the error was MPA’s fault. Customer must pay its electronic transmission costs.
10. Failure to Pay and Other Breach
10.1 If Customer breaches these terms, fails to pay for Advertising or suffers an Insolvency Event (defined in clause 10.2), MPA may (in its discretion and without limitation):
(a) cancel any provision of credit to Customer;
(b) require cash pre-payment for further Advertising;
(c) charge interest on all overdue amounts at the rate 2% above the NAB Overdraft Base Rate;
(d) take proceedings against the Customer for any outstanding amounts;
(e) recover MPA’s costs including mercantile agency and legal costs on a full indemnity basis;
(f) cease publication of further Advertising or terminate an agreement for Advertising not published;
(g) exercise any other rights at law.
10.2 A Customer suffers an ‘Insolvency Event’ if:
(a) Customer is a natural person and commits an act of bankruptcy; or
(b) Customer is a body corporate and cannot pay its debts as and when they fall due or enters an arrangement with its creditors other than in the ordinary course of business or passes a resolution for administration, winding up or
liquidation (other than for the purposes of reorganisation or reconstruction); or has a receiver, manager, liquidator or administrator appointed to any of its property or assets or has a petition presented for its winding up.
10.3 MPA may withhold any discounts or rebates if Customer fails to comply with its payment obligations.
10.4 A written statement of debt signed by an authorised employee of MPA is evidence of the amount owed by the Customer to MPA.
11.1 The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of MPA in connection with the Advertising.
11.2 MPA excludes all implied conditions and warranties from these terms, except any condition or warranty (such as conditions and warranties implied by the Competition and Consumer Act and equivalent State acts)
which cannot by law be excluded (‘Non-excludable Condition’).
11.3 MPA limits its liability for breach of any Non-Excludable Condition (to the extent such liability can be limited) and for any other error in published Advertising caused
by MPA to the re-supply of the Advertising or payment of the cost of re-supply (at MPA’s option).
11.4 Subject to clauses 11.2 and 11.3, MPA excludes all other liability to the Customer for any costs, expenses, losses and damages incurred in relation to Advertising published by MPA, whether that liability arises in
contract, tort (including by MPA’s negligence) or under statute. Without limitation, MPA will in no circumstances be liable for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.
11.5 The Customer indemnifies MPA and its officers, employees, contractors and agents (the ‘Indemnified’) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the
Customer’s breach of these Terms and any negligent or unlawful act or omission of the Customer in connection with the Advertising.
12.1 MPA collects a Customer's personal information to provide the Advertising to the Customer and for invoicing purposes. MPA may disclose this personal information to its related bodies corporate,
to credit reporting agencies and other third parties as part of provision of the Advertising and for overdue accounts, to debt collection agencies to recover amounts owing.
12.2 MPA provides some published Advertising to third party service providers. Where such Advertising contains personal information, Customer consents to the disclosure of their personal information
in the advertising to third parties and to the personal information being republished by a third party.
13.1 Each party will treat as confidential, and will procure that its advertising agents, other agents, and contractors (‘Agents’) treat as confidential and will not disclose, unless disclosure is required by law:
(a) the terms of this Agreement (including terms relating to volumes and pricing);
(b) information generated for the performance of this Agreement, including all data relating to advertising schedules, budgets, forecasts, booked advertising, prices or volumes;
(c) any other information that ought in good faith to be treated as confidential given the circumstances of disclosure or the nature of the information;
(d) any information derived wholly or partly for any information referred to in (a) to
Each party agrees to take all reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of the confidential information by or on behalf of itself or any third party.
14.1 These Terms, with any other written agreement, represent the entire agreement of the Customer and MPA for Advertising. They can only be varied in writing by an authorised officer of MPA.
No purchase order or other document issued by the Customer will vary these Terms.
14.2 MPA will not be liable for any delay or failure to publish Advertising caused by a factor outside MPA’s reasonable control (including but not limited to any act of God, war,
breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
14.3 MPA may serve notice on Customer by post or fax to the last known address of the Customer.
14.4 These Terms are governed by the laws of the State of NSW in which the billing company for the Advertising is located and each party submits to the non-exclusive jurisdiction of that State. In the event of
conflict of laws between Australian states then the Federal laws of the Competition and Consumer Act 2010 (Cth) will prevail.