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thinkads Terms & Conditions

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Terms and Conditions

TERMS AND CONDITIONS 1) The space booked shall be used only for the Advertiser and Product specified in the Booking Confirmation. 2) The Client must provide at its own cost all-content for transmission in accordance with the production information issued by thinkads Pty. Ltd ACN 129 340 138. ('thinkads') from time to time. i) All content for transmission must be delivered, carriage paid, to the posting depots specified by thinkads no less than six working days prior to each in- charge/campaign commencement date. ii) If content for transmission are not so delivered, thinkads reserves the right to delay the transmission of late content for transmission and the Client will be liable to pay in full for all sites booked, notwithstanding that the content for transmission have not been transmitted. iii) Late delivery within less than five working days prior to a campaign commencement date will incur an additional administration charge of $15.00 per advertisement (excluding GST). iv) If content for transmission are delivered within a day of the transmission then a further administration fee of $50 is payable (total $65.00) plus GST. 3) Content for transmission will be posted within 24 hours of the campaign commencement date. Removal of content for transmission will take place as soon as reasonably practicable following the last date of display 4) If for any reason other than the Clients failure to provide content for transmission or any other reason excluded in this contract, the number of sites for transmission is less than the number of sites booked, this contract shall nevertheless continue and on a claim being made by the Client in respect of this event, thinkads liability to the Client shall be limited to a decrease in the price to the Client in the relevant proportion to the shortfall. Any faults or shortfalls in the transmission of content for transmission must be notified to thinkads within 14 days after the campaign commencement date. The Client shall have no other rights in respect of such event or events. 5) The site location is booked subject to availability at the time of posting and if the site location anticipated to be available is not available at that time, or ceases to be available, thinkads reserves the right to allocate an alternative available site as close as possible to the site anticipated. 6) Bookings cannot be cancelled after the contract is signed but can be moved to a later date with 14 days notice in writing. 7) Unless specifically stated otherwise, the charges and all other moneys payable by the Client or the Advertiser under this contract are quoted exclusive of Goods and Services Tax, value added tax or like impost ('GST'). i) Despite any other provision contained in this contract, if a GST is levied or imposed on or in respect of any supply made (or deemed to be made) under or in accordance with this contract, the amount of the GST payable for that supply (or deemed supply) is payable by the Client to thinkads in the same manner and at the same time as the payment for that supply. 8) Terms of Payment: i) Invoices will be issued by Suppliers in accordance with their trading terms. 9) If the Client acts as an agent for another party it shall still be principally liable for payment of all accounts hereunder and shall be deemed to have full authority in all matters connected with the entering into and performance of this contract. 10) If, notwithstanding these Terms and Conditions, the price quoted/agreed on the Booking Confirmation includes the cost of production of the advertisers the Client acknowledges and agrees to the right of thinkads to charge a fee if thinkads is required to alter the content for transmission The client further acknowledges and agrees that the amount charged will include a provision for thinkads said fee. 11) thinkads reserves the right to refuse to display any material, remove any content for transmission once transmitted, cancel the contract or take any other appropriate action in any of the following circumstances:- i) approvals are withdrawn by any relevant party for the use of all or any sites; ii) a relevant authority or contracting party requires; iii) the Client fails to pay any charges within 7 days of their due date; iv) thinkads considers that any charges when made are unlikely to be paid by their due date; v) thinkads considers the advertisement to be offensive, false, misleading, deceptive or in breach of any legislation, codes (mandatory or voluntary) (including, without limitation, codes relating to alcohol related advertising) or third party rights. If an advertisement is removed or not posted at the request or direction of any authority or person or pursuant to paragraphs (b), (c), or (e), there will be no abatement of the charges in respect of any period during which a advertisement is not exhibited. 12) Additionally, the parties agree that any advertisement or material determined by the Advertising Standards Board (or similar industry body) to be offensive or otherwise unacceptable for transmission shall be removed by thinkads upon advice of such determination. In such event, the Client shall have no claim on thinkads. 13) The Client, on its own behalf and as agent for the Advertiser, warrants, agrees and undertakes that: i) all its advertisements and its conduct in relation to this contract will comply with: (a) all statutory and other legal requirements; (b) provisions of the Australian Code of Advertising Practice; (c) the requirements of the Advertising Standards Authority and the Code of Advertising Committee; and (d) the requirements of the Trade Practices Act 1974, as amended, and that; ii) the advertisements will not infringe the intellectual property or other rights of any person and that where necessary, the Client has obtained all consents and approvals to use the proposed advertising material; and that iii) the advertisements comply with the requirements of any relevant code of conduct pertaining to alcohol related advertising including, but not limited to, the Alcohol Beverages Advertising Code, and that iv) the Client and/or the Advertiser has obtained an approval number under the Alcohol Advertising Pre Vetting System administered by the Australian Associated Brewers and Distilled Spirits Industry Council of Australia in respect of any alcohol related advertising associated with this contract unless exempted or excluded from the code. The Client must, prior to thinkads being required to post any of the Clients alcohol related content for transmission, provide evidence to thinkads of compliance and approval. 14) The Client shall indemnify thinkads and all site owners and/or occupiers against any liability whatsoever arising out of any of the above warranties not being completely accurate and true or the failure of the Client or the Advertiser to comply strictly with the above agreements and undertakings. 15) If thinkads is prevented or delayed in the performance of any of its obligations under this contract by a force majeure event being an event beyond its control, it shall be excused from the performance or the punctual performance as the case may be for so long as such event shall continue. 16) To the extent permitted by law, thinkads shall not be liable to the Client and the Client hereby releases thinkads from liability in tort or contract or otherwise for or in respect of any direct, indirect or consequential loss, damage, expense or injury occasioned or suffered by the Client due to or arising out of or in connection with the performance, non- performance or any breach or other matter arising out of this contract. 17) There are no conditions, warranties, promises, representations or obligations written or oral expressed or implied in relation to the subject matter of this contract other than those expressly stated herein or necessarily implied by law where it is not lawful or valid to exclude the same but only to the extent so required by law. Subject to the qualifications contained in the Trade Practices Act, thinkads limits its liability for any loss or damage suffered by the Client arising in any way out of this contract to: i) the supplying of any relevant services again; or ii) the payment of the costs of having any relevant services supplied again. 18) This Agreement is governed by and shall be construed and take effect in accordance with the laws in force in the State of Victoria. 19) Products displayed on thinkads are an invitation to treat. 20) Prices are indicative only.

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