In this agreement, references to ‘BSON’, ‘us’, ‘we’ or ‘our’ means Brisbane Suburbs Online News ABN 55 329 606 109 and we are the operator of PaddingtonToday.com.au and any other websites or platforms operated by us. References to ‘you’ or ‘your’ means you as the person or legal entity that requests advertising services from us. If you are arranging advertising for another party, we contract with you in your own right and not as agent of your client.

By agreeing to engage us for advertising services or by placing an order with us you agree to be bound by these terms and conditions.

  1. Definitions
  • ‘Advertising material’ means all advertising, marketing or other material created by us at your request or supplied by you (including graphics, URLs, or text) for publication by us on our specified website or platform and includes all items we require to enable us to provide the advertising services.
  • ‘Advertising services’ means the services provided by us to you under this agreement including displaying your advertising material on our agreed website or platform.
  • ‘Order’ means an order which specifies details of the advertising services requested by you.
  • ‘Start date’ means the first date on which we are scheduled to publish any advertising material as specified in the order.
  1. Advertising Services
  • We will provide, and you agree to use, the advertising services in accordance with this agreement.
  • You may request advertising services from us by completing an order.
  • Unless otherwise agreed in writing, renewal or additional advertising services will only be provided at our sole discretion, and pricing for any renewal or additional period is subject to change.
  • We reserve the right to reschedule the start date if required by us.
  • We give no guarantee about the proximity of your advertising in relation to other advertising including rival products.
  • While we will do our best to ensure the website or platform in live for the period of the advertising services, we will not be responsible if our site or platform is not live for any part of the advertising period. We will notify you in advance of any planned outages.
  • The advertising services ordered by you may not be resold or sublicensed.
  1. Advertising Material
  • All advertising material must comply with any guidelines provided by us (which may be modified from time to time) and with all relevant laws and codes.
  • In addition to your order, you must submit the advertising material to us, at least three (3) working days prior to the start date.
  • The advertising format for display must maintain a structural, aural and/or visual separation from our website or platform content (‘our content’). You will ensure that advertising material is clearly identifiable as advertising material, and does not contain any matter which might mislead, or be confused by members of the public with our content. You agree that we may take steps to clearly distinguish advertising material from our content (such as labelling your advertisement as “advertisement”).
  • You must ensure that any advertising material which references a competition (including a game of skill or lottery promotion) complies with all relevant state and territory legislation, and you have obtained all necessary permits and permissions for the conduct of the competition prior to the start date.
  • We make no representations about the positioning of the advertising material.
  • We make no guarantee, warranty or other representation regarding viewer numbers, usage statistics and/or levels of impressions for any advertisement on our website or platforms. If we have provided you an estimate of site visitors or usage, this is an estimate only and you agree you have not relied on the estimate as part of your decision to advertise with us.
  • The content of your advertising material is subject to our approval and we reserve the right to reject or cancel any advertisement, campaign, space reservation or position commitment at any time.
  • Acceptance of advertisement material (including any embedded URL link) is not an acknowledgment by us that the advertising material complies with any or all relevant laws, regulations or industry codes. You remain solely responsible for the compliance of with all relevant laws.
  1. Cancellation of Advertising Services
  • Unless otherwise agreed, you may by written notice, without charge, cancel an order for advertising services at any time up to fourteen (14) days prior to the start date.
  • If you cancel an order for advertising services within 14 days of the start date, we will be entitled to full payment as if the advertising services had been performed.
  • We may cancel an order or part of an order at any time, without giving you any reasons. If we do this, we will, at our option, either refund the money paid for the cancelled order or part order, or reschedule the start date, and you agree that this is our sole liability to you in relation to the cancelled order or part order.
  1. Intellectual Property
  • You own the intellectual property in any advertising material, your trademarks, and any other material you provide to us under this agreement.
  • You grant us a non-exclusive, non-transferable licence to use, reproduce and communicate any advertising material for the purposes of this agreement.
  • You grant us a non-exclusive licence to reproduce, adapt, modify and otherwise use any logos or other design materials provided to us by you for the purposes of us performing the advertising services.
  1. Warranties
    You warrant to us that:
  • You have all applicable licenses and consents necessary to enter into and perform your obligations under this agreement.
  • The advertising material complies, and you have complied and will continue to comply with all applicable laws, regulations and advertising codes in performing your obligations under this agreement.
  • You are fully authorised to publish the advertising material, and publication will not infringe the rights of any person or entity, including intellectual property rights, privacy, confidentiality or other rights.
  • The advertising material does not include content, or a link to any content, that is illegal, obscene, violent, defamatory, pornographic, offensive or discriminatory based on considerations of race, national origin, gender, age, disability, religion, sexual orientation or expression, that facilitates or promotes the unauthorised downloading, uploading, peer-to-peer sharing or streaming of copyrighted content, or promotes any companies, products or services that are in contravention of applicable Australian law, codes or regulations.
  • Your advertising material does not insert any tag, code, cookie, pixel or other data tracking or collection device without our express permission.
  • Without our permission, you will not use or redistribute to any third party any information or reports we may supply to you relating to the advertising services. We warrant that:
  • We have the right to supply the advertising services to you.
  • We will use reasonable care and skill in providing the advertising services.
  • We will comply with all applicable laws and regulations in supplying the advertising services.

We exclude all implied conditions and warranties from this agreement except any conditions or warranties that cannot be excluded by law.

  1. Indemnity and Liability
  • You indemnify and hold us harmless against all claims for damages, losses, or harm sustained or incurred by us due to any breach by you of your warranties in this agreement and any other breach by you of this agreement, and any act or omission by you with respect of your advertising material.
  • The parties agree that we are not liable for any aspect of the advertising material, including any products or services referred to in the advertising material. You are solely responsible for the content of the advertising material and associated products and services, including any ancillary competitions and promotions.
  • Neither party is responsible for any indirect loss arising out of or in connection with this agreement.
  • Our liability to you for any claims under this agreement is, to the extent permitted by law, limited to the resupply of the advertising services and/or payment of the cost of having the advertising services resupplied.
  1. General
  • Applicable Law: This agreement is governed by the laws of Queensland.
  • A notice must be in writing to the email address of the contact person specified on the order.
  • Parties must provide written notice of transfer or assignment of any rights or obligations under this agreement to the other party.

 

[Last Updated 30 June 2018]