These are our advertising terms and conditions:
1. WHEN DO THESE TERMS APPLY?
1.1 These terms will apply to you every time you request publication of advertising or services in any Publications owned by BDmag (ABN 15 620 607 258).
1.2 “Publications” refers to any printed magazine or other media printed by BDmag.
1.3 These terms do not apply to services where BDmag acts as a third party reseller. If you request advertising or services where BDmag acts as a third party reseller, by accepting BDmag’s Booking Form, you accept the terms and conditions of that third party.
2. WHAT RIGHTS DOES BDMAG HAVE?
2.1 BDmag can reject advertising at any time for any reason. BDmag can withdraw advertising or withdraw publications from the public at any time and for any reason. BDmag is not liable to you if it does reject your advertising, withdraw your advertising or withdraw a publication that contains your advertising.
2.2 Advertising material must be supplied as per agreed deadline at time of booking. All advertising material is subject to BDmag’s quality control to ensure consistent premium standards. BDmag deadlines allow advertisers time to amend the material if it does not comply with our standards.
2.3 BDmag will try to place your advertising in the position that you request, but it cannot always do so. BDmag is not liable to you if your advertising does not appear in the place that you request.
2.4 BDmag takes all reasonable endeavours to include advertisements in its digital editions of a Publication, but cannot guarantee that these will always be included. BDmag reserves the right to omit any advertisements from its digital editions if deemed necessary.
3. SPECIFICATIONS AND DEADLINES
3.1 You must deliver the materials required to produce your advertising (“Materials”) to BDmag by the date BDmag specifies. If you do not, BDmag may not be able to publish your advertising andis therefore not liable to you for this. You will still be liable for the price quoted in the Booking Form.
3.2 The Material must be in the form that BDmag requires for the Publication in which the advertising is to be published. If you do not deliver the Material in the required form, conversion and handling charges may apply.
3.3 BDmag can change the release date of Publications at any time without notice.
4. PAYING FOR ADVERTISING
4.1 The BDmag Booking Form will outline the total investment required for your advertising. BDmag will provide you with an invoice stating the Fee and the GST payable.
4.2 You must pay the Fee within the seven (7) day terms set by BDmag. You cannot alter the Fee, even if you feel that the advertising was not placed or published in the manner that you expected.
4.3 If you dispute the Fee, this claim must be made within 30 days of the invoice date to BDmag otherwise you must pay the Fee and GST payable as invoiced.
5. HOW CAN I CANCEL ADVERTISING
5.1 Cancellation of BDmag bookings can be made no later than ten (10) days prior to booking deadline. Cancellation within this ten (10) day period will result in full charges as per booking form. This applies even if you booked the advertising after the Cancellation Deadline.
6. WARRANTIES FROM YOU
6.1 You warrant to BDmag that your advertising or services: a) is true and accurate in all respects;
b) does not infringe any rights of any person (such as copyright and trademark rights);
c) does not use the name and image of any person without their consent;
d) is not obscene, indecent or defamatory; and
e) does not contravene any federal, state or territory statute, regulation or other law including the Competition and Consumer Act (CTH).
6.2 You indemnify BDmag for all costs (including legal costs on a solicitor client basis), expenses, claims, demands, damages and losses of any kind arising from or attributable to the publication of the advertising or otherwise arising from a breach by you of these terms.
6.3 To the extent permitted by law, all conditions and warranties implied by law or otherwise not expressly set out in these terms and conditions are excluded.
7. LIMITATION OF LIABILITY
7.1 To the extent permitted by law, under these terms or otherwise in connection with your advertising, and the publication of that advertising by BDmag:
a) BDmag excludes liability for all indirect, consequential or special losses or damages including loss or profits howsoever arising; and
b) The total liability of BDmag howsoever arising is limited to the supply of the relevant advertising again or the payment of the cost of having those services supplied again, whichever BDmag determines in its absolute discretion.
7.2 BDmag will not be liable to you or any other person for any loss of whatever kind suffered as a result of an advertisement not being available for publication or not being published where such event arises from any cause beyond BDmag’s reasonable control.
8.1 These terms are governed by the laws in force in Queensland, Australia.
8.2 You may not assign or otherwise transfer any of your rights or obligations under these terms to any other person without BDmag’s consent. BDmag may assign or otherwise transfer any of its rights or obligations under these terms without your consent.
8.3 If BDmag fails to enforce, or delays in enforcing, any of these terms, this will not operate as a waiver and will not affect BDmag’s right to later require strict compliance with these terms.
8.4 The terms of the Booking Form and this agreement record the entire agreement between you and BDmag relating to the matters dealt with in this agreement and supersede all previous arrangements, understandings or representations, whether written, oral or both, relating to these matters.
8.5 The information in this Proposal and all matters connected with and relating to the Proposal are to be treated as Confidential Information. The Recipient/Client agrees to maintain the confidence of the Confidential Information; prevent the unauthorised use or dissemination of the Confidential Information; and return to BDmag or, if necessary, erase all Confidential Information immediately on being asked by BDmag to do so.
9. FOR CONTRA ADVERTISING ONLY
9.1 If you agree with BDmag that you will supply goods or services (“Prize”) as non-monetary consideration for advertising space, you must provide a valid tax invoice to the same value of the Fee and the GST payable.
9.2 You and BDmag agree that neither will pay money to each other, on the basis that the GST inclusive value of the Space is to equal the GST inclusive value of the Prize. The parties must simultaneously give each other tax invoices for each supply of the same value. You will accept recipient-created tax invoices issued to you by BDmag if you have not sent a tax invoice to BDmag within 28 days of the draw date of the applicable competition, or the on-sale date of the relevant magazine, whichever is earlier.
9.3 If the product or service you supply is not GST applicable, you may be liable to pay the GST to BDmag.
9.4 Without limiting warranties and other terms implied into any contra agreements by law, you warrant to BDmag that all Prizes will be fit for their purpose, of merchantable quality and supplied in full compliance with all representations made in applicable advertising materials.
10. FOR ADDED VALUE ADVERTISING ONLY
10.1 BDmag may offer you Added Value Advertising in its Publications during a specified campaign period. Added Value Advertising will be scheduled to appear on an agreed cover date(s), however, BDmag reserves the right to change the cover date(s) in its absolute discretion without notice to you so long as the Added Value Advertising appears during the specified campaign period. BDmag is not liable to you if your Added Value Advertising appears on a different cover date within the specified campaign period.