Terms and Conditions of Advertising
These terms and conditions ('Terms') apply to all advertising services provided to any person ('Customer') by Surfing Atlas Pty Ltd. Surfing Atlas has no export restrictions and provides services to Customers on the global basis.
- Publication of Advertising
- Right to Refuse or Withdraw Advertising
- Right to Vary Format and Placement
Subject to these Terms, Surfing Atlas 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.
Neither these Terms nor any written or verbal quotation by Surfing Atlas represent an offer to publish Advertising. A binding contract in relation to a request for Advertising will only be formed between Surfing Atlas and a Customer when Surfing Atlas 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, Surfing Atlas 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).
Surfing Atlas reserves the right
- to vary the placement of Advertising within the Internet site, and
- to change the format of Advertising
Surfing Atlas will endeavour to notify the Customer of any such changes. However, Surfing Atlas will not be liable for any costs, expenses, losses or damages suffered or incurred by a Customer arising from Surfing Atlas failure to publish Advertising in accordance with a Customer's request.
By submitting Advertising for publication, the Customer warrants to Surfing Atlas 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).
For online banner and display Advertising, the Customer must submit creative materials and a click-through URL for online Advertising to Surfing Atlas at least 3 working days (5 working days for non-gif material) before the Advertising is scheduled to appear. Surfing Atlas is able to produce this material on behalf of the advertiser upon request.
Surfing Atlas 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 Surfing Atlas billing and assessment of Advertising.
Surfing Atlas 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 Surfing Atlas may at its discretion include additional features or inclusions such as third party advertisements within online classified Advertising.
If a Customer wishes to make a claim on Surfing Atlas for credit, re-publication or any other remedy in respect of Advertising, the Customer must send the claim in writing to Surfing Atlas no later than 25 days after the date of the tax invoice or date of publication of the Advertising (whichever is earlier).
The customer must pay for advertising in accordance with the rates in Surfing Atlas Ratecard (and, unless otherwise agreed, at the casual or basic rate). The rates in the Ratecard:
- may be varied at any time by Surfing Atlas 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 Surfing Atlas in respect of Advertising. Surfing Atlas 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.
Surfing Atlas 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.
The Customer must pay for Advertising by pre-payment, as required by Surfing Atlas. All transactions are made in Australian Dollars.
These Terms represent the entire agreement of the Customer and Surfing Atlas in relation to Advertising and cannot be varied except in writing by an authorised officer of Surfing Atlas. No purchase order or other document issued by the Customer will vary these Terms.
Surfing Atlas 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.
Surfing Atlas guarantees the use at all times of a Secure Socket Layer (SSL) of 128-bit encryption or higher, or 3D Secure (Verified By Visa and MasterCard Secure Code) to establish a secure browser session between Surfing Atlas and Customers when receiving cardholder information via the internet.