Terms & Conditions
Private Media Operations Pty Ltd (ABN 98 101 558 847) is the exclusive sales representative for crikey.com.au, themandarin.com.au, smartcompany.com.au, startupsmart.com.au and their associated subscriber emails (“us, our, we”). Our Advertising Terms and Conditions set out our standard terms and conditions for advertising products and services we supply to advertisers on our websites.
1. Every advertiser and advertising agency (“you”) who submits an order for advertising on a website or in an email operated by us, agrees to these terms and conditions. Your order and these Terms and Conditions form the basis of a contract between you and us for the provision of the advertising ordered by you.
2. If you are an advertising agency, any commission payable to you applies only in respect of actual media costs. No commission applies to production costs. For the purposes of this clause, production costs are costs associated with elements required to support and deliver advertising, custom publishing and events and other media. Production costs include but are not limited to site building, widget and other site capability and development, subbing, layout and design components for advertising and custom, live video streaming, video uploading, and survey and EDM template development. Production costs will be invoiced separately to media services provided.
3. We will, subject to availability, technical limitations and these Terms and Conditions, use our reasonable endeavours to publish your advertisement in the format submitted by you and in accordance with your other instructions. The positioning or placement of your advertisement will be at our discretion unless we expressly agree otherwise in writing.
4. We may, at our absolute discretion, refuse to publish any advertisement without giving any reason. No contract is formed between you and us until we accept your advertisement for publication and issue you with a valid tax invoice. If we do refuse to publish your advertisement, no fee will be charged to you. Even if a contract has been formed between you and us, we reserve the right to refuse or withdraw your advertisement from publication at any time, without giving reasons, even if we have previously published the same or similar advertisement.
- We may, at our absolute discretion and at no extra cost to you, re-publish your advertisement in any other place. You acknowledge that we are entitled to publish your advertisement anywhere in the world via any medium.
- We may, without prior consultation or notice to you, amend your advertisement in any way whatsoever, if we believe that the publication of your advertisement would be offensive, in breach of any law, in breach of any preexisting agreement we have with a third party or in breach of a third party’s rights. If we amend your advertisement, this will not reduce the price agreed for publication of the advertisement.
- We reserve the right to vary the placement or positioning of your advertisement and to change the format of your advertisement where we deem fit to do so. We will endeavour to notify you of those changes, but we will not be liable for any costs, expenses, losses or damages suffered or incurred by you arising from our failure to publish your advertisement in accordance with your request.
- We may head any advertisement as “Advertisement” whenever required to Do so by law or whenever we consider it appropriate, for any reason, to distinguish it from other types of content.
5. The rate for your advertisement will be as agreed by us and specified in your order. If we have quoted a rate to publish a specific quantity of advertising over a specific period and a lesser quantity is submitted for publication within that period, then what is published within that period shall be costed at whatever rate is necessary to generate the expenditure which would have been incurred had the full agreed volume been published.
- You must pay us for the advertising services in accordance with the terms of your order. If no due date for payment is specified in your order, you must pay us within 30 days of the date of the invoice. We will invoice you monthly in advance.
- All rates and charges quoted are, unless expressly stated otherwise, exclusive of GST. We will issue you with a valid tax invoice and you must pay us any applicable GST in addition to the rates and charges quoted to you.
6. Standard creative must be received at least 3 working days prior to the campaign starting date and rich media creative must be received at least 5 working days prior to the campaign starting date. If creative is received by us after the relevant date and causes your campaign to be delayed, the publication of the advertisement will be considered to have commenced on the commencement date specified in the order. It is your responsibility to arrange and manage redirects with third party adservers and provide such third party with the creative and lead time requirements. We will not compensate you where campaigns are affected or delayed in any way by third party ad-server redirect problems. We may, in our absolute discretion, remove any redirects from our network which are delayed in serving advertisements.
- All click-through URL’s must enable the browser’s ‘back’ feature to allow users to return to our website.
- If you submit advertising material to us electronically, the material must comply with our specifications. We can reject the advertising material if it is not submitted in accordance with such specifications.
7. You must promptly check any proofs of advertising, if we have arranged to provide you with any and notify us of any errors in the proofs or in any advertisement that we publish for you.
- We do not accept any responsibility for errors in advertising material that has been submitted electronically by you.
8. Restrictions on the use of our Sites
8.1 You agree that you, and any third party ad server that you use, will not:
(a) use any automated device, software, process or means to access, retrieve, scrape, or index our Sites or any content on our Sites;
(b) use any device, software, process or means to interfere or attempt to interfere with the proper working of our Sites;
(c) undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate site usage;
(d) use any content on, or index our Sites for the purposes of constructing or populating a searchable database of properties or competing with us in any manner;
(e) use any content on our Sites to populate your ad creative;
(f) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
(g) use our Sites or any content from our Sites in any manner which is, in our sole discretion, not reasonable or not for the purpose for which it is made available;
(h) violate the rights of any person, including copyright, trade secret, privacy rights, or any other intellectual property or proprietary right;
(i) pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
(j) reproduce, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Sites or any content on our Sites, except as expressly authorised by us;
(k) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
(l) provide retargeting URL’s for the purpose of retargeting advertising across multiple publishers; or
(m) without our prior agreement, use a third party ad server to extract or utilise our ad server tag values to target Advertising Campaigns or Advertisements.
8.2 You acknowledge that if you, or a third party ad server used by you (whether with your consent or not) does not comply with clause 7.1, then you will be in breach of this Agreement.
8.3 Without limiting any other rights we may have against you, or a third party ad server used by you, we reserve the right to take whatever action we think necessary to prevent unauthorised access to or use of our Sites, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
9. Cancellation of any advertisement or campaign must be received in writing from you no less than 21 days before the commencement date in your order in order to receive a 100% refund. Any cancellations after this date will be subject to a minimum cancellation fee of 100% of the total cost of the entire campaign.
Campaigns cancelled at your request after commencement will not be entitled to a refund of the unused portion of the campaign.
- Campaigns cancelled at your request after commencement will not be entitled to a refund of the unused portion of the campaign.
10. If you fail to pay for the advertising services in accordance with your order and these Terms and Conditions, or if you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over any of your assets or if you resolve to wind up your company, then we may (at our absolute discretion cancel any current advertising campaign and terminate any agreement for advertising that is yet to be published and take proceedings against you to recover any overdue amount including costs in relation to any action taken against you by us.
11. By submitting advertising material to us or authorising or approving the publication of advertising material by us on your behalf, you warrant that the advertising material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against us, our partners, our directors, employees or agents.
- Without limiting the above, you warrant that the advertising material submitted, authorised or approved by you does not breach or infringe the Trade Practices Act (Cth), the Fair Trading Acts of relevant States of Australia or equivalent or other sale of goods legislation; any copyright, trademark, obligation of confidentiality or other personal or proprietary rights; any law of defamation, obscenity or contempt of any court, tribunal or royal commission; State or Commonwealth anti-discrimination legislation; the Privacy Act (Cth); or 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).
- By submitting, authorising or approving advertising material for publication by us, you indemnify us and our partners, our directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from the publication of the advertising material.
- Without limiting the generality of the above, you indemnify us and our partners, our directors, employees and agents against any costs, expenses, losses, damages, liability and claims suffered or incurred and arising from your breach of these Terms and Conditions and any negligent or unlawful act or omission by you in connection with the advertising.
12. We make no representation or warranty in relation to the number of visitors to our websites or the number of impressions at any site except for any made expressly in writing by us.
- Except for any warranty or representation made expressly in writing by us, you acknowledge that you have not relied on any advice given or representation made by us or on our behalf in connection with the advertising.
13. We have no liability to you and you indemnify us in relation to any failure of telecommunications services or systems which affect our receipt of your advertisement or the publication of your advertisement.
14. We exclude all implied conditions and warranties from these Terms and Conditions, except any condition or warranty (such as those implied by the Trade Practices Act) which cannot be excluded (“non-excluded conditions”).
- We limit our liability for:breach of any non-excluded condition (to the extent that liability for such breach can be limited); and any other error or omission in publishing caused by us; to (at our option) re-supply of the advertising services affected by our breach or payment of the cost of re-supply.
- Subject to the above, we exclude all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with these Terms and Conditions and any advertisement published by us, whether that liability arises in contract, tort (including by our negligence) or under statute.
- Without limitation, we will not, in any circumstance, be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
15. We may change these Terms and Conditions at any time without notice to you. Those changes will apply to the provision of advertising services after the date the change becomes effective. You and we will be bound by the Terms and Conditions that are current as at the date of your order.
16. These Terms and Conditions, together with your Insertion Order, represent the entire agreement between you and us in relation to the advertising services and cannot be varied except by agreement in writing signed by one of our authorised officers. No purchase order or document issued by you will vary these Terms and Conditions.
We will not be liable for any delay or failure to publish your advertisement that is caused by a factor outside of our reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
We may serve a notice or any court document on you by forwarding them by prepaid post or facsimile to your last known address.
These Terms and Conditions are governed by the laws of the State of Victoria. Each party submits to the non-exclusive jurisdiction of the courts of that State.