Terms and Conditions of Advertising
These terms and conditions ('Terms') apply to all advertising services provided to any person ('Customer') by Defence Careers Pty Limited.
1. Publication of Advertising
Subject to these Terms, Defence Careers will use its reasonable endeavours to publish advertising submitted by Customers ('Advertising') in the format submitted by the Customer and in accordance with the placement instructions of the Customer.
2. Right to Refuse or Withdraw Advertising
Neither these Terms nor any written or verbal quotation by Defence Careers represent an offer to publish Advertising. A binding contract in relation to a request for Advertising will only be formed between Defence Careers and a Customer when Defence Careers accepts Advertising in writing or generates a GST-compliant invoice for that Advertising. Even if a contract has been formed in accordance with the above clause, Defence Careers reserves the right to refuse or withdraw from publication any Advertising at any time without giving reasons (even if the Advertising has previously been published). Advertisers must ensure that all advertisements placed are for positions which by their nature or scope of execution are within the domain of the Australian or New Zealand Defence Industries.
3. Right to Vary Format and Placement
Defence Careers reserves the right
- to vary the placement of Advertising within the Internet site, and
- to change the format of Advertising
Defence Careers will endeavour to notify the Customer of any such changes. However, Defence Careers will not be liable for any costs, expenses, losses or damages suffered or incurred by a Customer arising from Defence Careers failure to publish Advertising in accordance with a Customer's request.
4. Submission of Advertising
By submitting Advertising for publication, the Customer warrants to Defence Careers that the Advertising does not breach or infringe:
- the Trade Practices Act (Cth), Fair Trading Acts (State) and equivalent legislation
- State and Commonwealth anti-discrimination legislation
- any copyright, trade mark or obligation of confidentiality
- any law of defamation or obscenity
- any law of contempt of any court, tribunal or royal commission
- the Privacy Act (Cth), and
- any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory).
The Customer must not submit Advertising for publication that contains contact details for the Customer if those contact details do not include the full name and street address of the Customer. Post office box and email addresses alone are insufficient.
For online banner and display Advertising, the Customer must submit creative materials and a click-through URL for online Advertising to Defence Careers at least 3 working days (5 working days for non-gif material) before the Advertising is scheduled to appear. Defence Careers is able to produce this material on behalf of the advertiser upon request.
Defence Careers will measure online display and banner Advertising (including impressions delivered and clicks achieved) through its own in house systems. Results from Customer or third party adservers will not be accepted for the purposes of Defence Careers billing and assessment of Advertising.
Defence Careers is not liable for any loss, damages or liabilities arising from a failure of the World Wide Web or any telecommunications structure.
Customer acknowledges that Defence Careers may at its discretion include additional features or inclusions such as third party advertisements within online classified Advertising.
Refund Policy
If a Customer wishes to make a claim on Defence Careers for credit, re-publication or any other remedy in respect of Advertising, the Customer must send the claim in writing to Defence Careers no later than 25 days after the date of the tax invoice or date of publication of the Advertising (whichever is earlier).
8. Advertising Rates and Taxes
The customer must pay for advertising in accordance with the rates in Defence Careers Ratecard (and, unless otherwise agreed, at the casual or basic rate). The rates in the Ratecard:
- may be varied at any time by Defence Careers without notice, and
- are exclusive of taxes, duties or GST ('Taxes'), unless the Ratecard specifies that GST or other Taxes are included.
The Customer must pay an additional amount equal to any Taxes payable by Defence Careers in respect of Advertising. Defence Careers will provide Customers with a tax invoice or adjustment note (as applicable) in a compliant form for GST purposes.
The Customer's eligibility for discounts and rebates will be based on the Customer's GST-exclusive Advertising spend, which will be subsequently adjusted for applicable GST.
9. Credit
Defence Careers may grant, deny or withdraw credit to a Customer at any time in its discretion.
The Customer must ensure that its Customer account number is available only to those of its employees authorised to use it. The Customer acknowledges that it will be liable for all Advertising requested with the quotation of the Customer's account number.
10. Payment
The Customer must pay for Advertising:
- by pre-payment, if so required by Defence Careers
- if Advertising on account, within 30 days after the date of the invoice.
11. Failure to Pay and other Breach
If a Customer fails to pay for Advertising in accordance with clause 10 or if a Customer suffers an Insolvency, Defence Careers may (in its discretion and without limitation):
- cancel any provision of credit to the Customer;
- require cash pre-payment for further Advertising;
- charge interest on all overdue amounts at the rate 2% above the National Australia Bank Overdraft Base Rate;
- take proceedings against the Customer for any outstanding amounts;
- recover from the Customer all costs relating to any action taken by Defence Careers to recover amounts owing for Advertising, including without limitation any mercantile agency costs and legal costs on a full indemnity basis;
- cease publication of any further Advertising on behalf of the Customer and terminate any agreement in relation to Advertising not yet published; and
- exercise any other rights at law.
12. General
These Terms represent the entire agreement of the Customer and Defence Careers in relation to Advertising and cannot be varied except in writing by an authorised officer of Defence Careers. No purchase order or other document issued by the Customer will vary these Terms.
Defence Careers will not be liable for any delay or failure to publish Advertising caused by a factor outside our reasonable control (including but not limited to any Act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
The laws governing this agreement will be the laws in New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in New South Wales.
