Terms and Conditions
It is the responsibility of the advertiser to read these terms and conditions carefully. In signing the Times Publishing Group booking
form you are agreeing to be bound by these terms and conditions.
In these Terms and Conditions, unless the context otherwise requires:
(a) “Advertisement” means the material agreed between Times Publishing Group and the Advertiser to be placed in the Publication in respect of which the Fee is to be paid and may include, without limitation, loose or bound inserts, display advertisements, column advertisements and Advertorials whether in electronic or hard-copy form.
(b) “Advertising Agreement” means the document entitled Booking Form / Advertising Agreement signed for or on behalf of the Advertiser and accepted by Times Publishing Group referring to these Terms and where details including those relating to the Advertisement to be inserted by or on behalf of the Advertiser in the Publication are to be set out.
(c) “Advertorials” means editorial content that falls within the definition of Advertisement.
(d) “Agreement” means the form entitled “Advertising Agreement”, incorporating these Terms by reference, as executed by the Advertiser.
(e) “GST” has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999.
(f) “Fee” means the amount entered as the “Total (inc GST)”.
(g) “Times Publishing Group” means Times Publishing Group and/or any or all of its related entities.
(h) “Publication” means the publication or publications specified as “Publication” on the Booking Form / Advertising Agreement whether published in hard-copy, in electronic form, on the internet and/or in any other form.
(i) “Publication Date” means the date on which the Publication is delivered to a point of sale, letterbox or mail centre (as the case may be).
(j) “Rate Card” means the document prepared by Times Publishing Group for Advertisers setting out the standard rates and charges that apply for booking space for Advertisements in relation to a Publication.
(k) “Terms” means the terms and conditions set out herein. In these Terms, the singular includes the plural and vice versa. A reference to “$” or dollars means Australian dollars and a reference to payment means payment in Australian dollars.
Availability of Terms on Website
Times Publishing Group will use its best endeavors to ensure that these Terms are posted at www.timespub.com.au/termsandconditions or such other website as Times Publishing Group may notify the Advertiser of from time to time.
- The terms for invoices are strictly fourteen (14) Days from the date on the invoice. Any costs incurred by the Publisher to retrieve monies owing will be charged to the advertiser. An administrative fee of $9 per month will apply for all accounts that fall over 14 days. In signing this agreement, you are undertaking that all advertising charges - including administration, debt collection and legal costs will be met by you, the client.
- ‘Bartercard clients – Any customer who authorises a booking with payment by Bartercard and then payment is not forthcoming, the debt will be applied in cash and chased up as such.’
- We do not currently accept payment by credit card
- It is the responsibility of the advertiser to make sure that artwork, or artwork changes arrive before the deadline date. A late charge of $50 per Correction / change will be charged for corrections / changes requested after this date.
- We have an obligation to you and others to deliver the magazine on time and therefore material MUST be received before close of business on the material deadline date. If an advertiser at any time fails to supply copy before the deadline, it is understood and agreed that the last copy supplied (if available) will be repeated. For new Clients - The Publisher reserves the right to charge the full rate for advertising space that has been booked but where no artwork is forthcoming.
- Any cancellation must be received in writing. A cancellation will NOT be accepted after the artwork deadline, this is clearly shown on your Advertising Agreement.
- Cancellation of an advertisement booking will incur the following charges:
- With 21 days or more notice ( before artwork deadline date) = 20% of full fee.
- Less than 21 days notice ( before artwork deadline date) = full fee.
- Where an advertiser cancels a series booking they will be back charged at the rate consistent with their ad campaign frequency, including all loadings and the cost of any advertorial eg If after 3 issues of a 6 issue booking the client cancels their remaining adverts then the price of the first 3 ads will be adjusted to be that of the casual ad rate shown in the current media pack, plus any loadings despite any agreement to the contrary. If an advertorial has run the client will be charged for the equivalent space.
- Artwork specifications can be found at www.timespub.com.au/artwork
- Advertisements booked are accepted as being authorised by the Principal and the advertiser, and the signature appearing on the face of the Booking Form / Advertising Agreement is that of the authorised person within the company. As such the company will be held liable for all costs and expenses incidental to this order.
- Advertisements are positioned entirely at the discretion of the Publisher, unless loadings are agreed to and charged accordingly.
- No guarantee is given on tonal colour reproduction. The Publisher reserves the right to change the colour due to mechanical requirements of publishing. The advertiser accepts that variations between the proofs provided by Times Publishing Group and the final finished product will occur.
- The receipt of finished artwork, or the re-booking of a previously existing advertisement, whether by phone, fax, email or letter, constitutes an advertisement booking, and as such, the terms and conditions outlined in this document apply to all advertisements booked with the Publisher no matter in what way they were received.
- The Publisher is under no obligation to supply editorial coverage to advertisers, nor to promote the advertisers products or services in its editorial pages. The use of any editorial/advertorial material is at the total discretion of the Editor and the advertiser accepts that the submission of any such material is in no way a guarantee of its inclusion in the paper. Where advertorial coverage is a part of an advertisers advert booking the editor has sole discretion on the final advertorial content and layout. All advertising charges must be paid regardless of the content of advertorial copy.
- Editorial style advertisements are required to be distinguishable as advertising and the word Advertisement placed at the top of the advertisement or page.
- The Publisher reserves the right to reject / cancel any advertisements considered unsuitable for publication without explanation.
- While every effort will be made to publish as instructed, The Publisher accepts no liability for any loss arising from failure of the advert / advertorial to appear in full or in part or from any errors within the advertisement / advertorial. The Publisher is not responsible for recurring errors.
- It is the responsibility of the advertiser to check artwork designed by Times Publishing Group carefully and to approve or request changes before the deadline. It is not the responsibility of the Publisher to chase approval - this rests firmly with the advertiser. No responsibility is taken for errors discovered after the deadline date.
- Advertising material is accepted on the understanding that it is ready for production and delivered on or before the deadline. Work undertaken to make good late copy, including typesetting, is subject to the charges according to the work performed. When material is overdue, the Publisher reserves the right to repeat previous advertisements.
- Absolutely no responsibility is accepted for errors contained in artwork that is supplied by outside designers, including poor image quality. It is the responsibility of the advertiser to ensure their designers meet Times Publishing Groups technical specifications.
- Advertisements designed by Times Publishing Group remains the property of Times Publishing Group. Permission to use artwork elsewhere, particularly in other publications, must be obtained in writing.
- By lodging the material with the Publisher for publication, all advertisers and advertising agencies warrant that the material complies with all relevant laws and regulations and indemnifies the Publisher, its servants and agents against all claims for damages, compensation, costs, copyright, or liability arising from the publication of such material. This includes indemnifying the Publisher from any claim in relation to defamation, slander of the title, breach of copyright, infringement of trademarks, names, business names and patents.
- The Publisher reserves the right to return or destroy all advertising material which has been in the Publisher's possession, or in the possession of our printer, for three months or more after the last month of publication. The Publisher also reserves the right to do this without further notice to either the advertiser or their agency. No responsibility is accepted by the Publisher if the material supplied has to be cut or altered to conform to the Publisher's mechanical requirements.
- Advertisements booked are accepted on the basis that any disputes regarding the advertisement and its appearance are raised with the Publisher, in writing, within 7 days of the magazines publication date. Full advertising charges will be sought by the Publisher, regardless of claims brought up outside this time frame.
- In this document, Publisher is the title used to refer to R Eldridge and C J Chantler, trading as Times Publishing Group. Advertiser/client is the term used for the business, or individual that is advertising in the magazine.
Warranty and Indemnity
Upon lodging material with Times Publishing Group or approving the publication of any material Advertisers and/or advertising agencies indemnify The Publisher, its servants and agents against all liability claims or proceedings whatsoever arising from the publication and without limiting the generality of the foregoing to indemnify each of them in relation to defamation, slander of title, breach of copyright, infringement of trademarks, titles or names, unfair competition or trade practices, royalties or violation of rights of privacy. They also warrant that the material complies with all relevant laws and regulations and that its publication will not give rise to any rights against or liabilities on the Publisher, its servants or agents and in particular that nothing therein is capable of being mislead or deceptive or otherwise in breach of Part V of the Trade Practices Act 1974.