Community Newspaper Group Ltd Advertising Terms & Conditions

1. PAYMENT

1.1 All advertising must be paid prior to paper deadlines except those with established credit accounts.
1.2 All clients with an established account must pay within the time specified on the Tax Invoice/Statement.

2. ADVERTISING CONTRACTS

2.1 Contracts of 12 months or longer are fixed for the first 12 months or current financial year or part thereof. Pricing may change as from the 1st July of each year. Increase will be capped at Consumer Price Index (CPI). Any increase greater than CPI will be pre-forecast via email, note to accounts rendered, website, advertising in publications or other means deemed appropriate.
2.2 Advertising on non-contracts and contracts less than 12 months are subject to price change without notice and are subject to current rate card.
2.3 Contracts are subject to variation as to the rate payable and space available.
2.4 The publisher may, at any time, and without notice, cancel an advertising contract in respect of any advertisement not inserted by the publisher in which case the advertiser shall pay for all past insertions at the rate or prices applicable.
2.5 The publisher reserves the right to cancel any contract on which advertising is not inserted within one month of the date of the contract.

3. ADVERTISEMENTS

3.1 The publisher reserves the right in its absolute discretion:
(a) to alter any advertisement;
(b) to withhold any advertisement;
(c) to postpone or advance the day of insertion;
(d) to insert the advertisement in any position even though the position has been specially arranged or the position may be on the same page or next to that of a competitor’s advertisement.
3.2 The publisher has the right to refuse to publish or republish any advertisement without giving any reason for that refusal. In this event a prorata adjustment will be made to the advertising rate.
3.3 No liability shall be incurred by the publisher by any reason of any or all of the following:
(a) amendment to or error or inaccuracy in any advertisement;
(b) the partial or total omission of any advertisement;
(c) by reason of any delay or default;
(d) from any other cause whatsoever.
3.4 The publisher reserves the right to alter advertising copy with or without reference to advertisers, to ensure that the newspapers are not exposed to legal action defending publication of material prepared by other parties.
3.5 Advertisements which are considered to resemble editorial style will be subject to amendment or alteration without prior notice and must be clearly identified by using the word ‘advertisement’ above the copy headline.
3.6 Federal, State and Local Government election advertising must carry authorisation at the base of the advertisement and in the case of Federal election advertising the word “ADVERTISEMENT” at the top in 10 point type.
3.7 Advertising features may be published in conjunction with advertisers from time to time. All such features must carry the words “ADVERTISING FEATURE” in 10 point type at the top of the page.

4. CANCELLATION

4.1 Cancellation of a contact will be accepted in writing prior to the relevant publication booking deadline for run of paper advertisements and seven days prior for specified pages or positions. Any cancellations received after this time will attract a cancellation fee of 70% of the total advertisement value.
4.2 Any cancellation of a scheduled booking midway through will incur a cancellation fee. This will be calculated on the amount of advertising placed prior to the cancellation and applying the correct commitment level rate to that volume.

5. ERROR CLAIMS

Production and placement claims must be made within seven days of publication. Account claims must be made within seven days of receipt of account.

6. DISTRIBUTION

Our publications are distributed via bulk drops, roll and throw and by area walkers; we cannot guarantee all will be distributed on the same day of publication together with and not excluding failed distribution. We do not guarantee that every household within the agreed distribution area will receive the publication, if at all. Reasons for non-distribution could include and are not limited to, weather conditions, right of access, Australia Post only and other contributing factors. Household delivery rates can be affected by unallocated areas.

Any media mail will be collated with other media mail and distributed within the course of normal scheduled distributions. We will not be liable for any loss or damage caused by or contributed to by any delay, loss, omission, or misplacement of media mail during the delivery process. We do not give credit or refund for areas that may not receive delivery of either the publication or media mail or combination of both.

7. AUSTRALIAN COMPETITION & CONSUMER COMMISSION

The Competition & Consumer Act prohibits false or misleading advertisements. Advertisers should refer to the Commission for Guidelines. Legal advice should be sought in case of doubt.

8. OTHER LEGISLATION

Advertisers are advised to submit to their legal advisers, advertisements relating to competitions which may infringe legislation such as the Lotteries Act and prospectuses relating to the issue of shares, debentures, etc. which must comply with the Corporations Law.

Copy for advertisements which are subject to the Corporations Law must be accompanied by a certificate signed by two directors of the company advertising confirming that the advertisement complies with the Corporations Law.
9. COPYRIGHT WARNING

9.1 Due to the Copyright Act 1968 advertisers are advised that the inclusion in advertisements of material (photographed, artist’s illustrations and text) taken from any article published in a newspaper, magazine, periodical or similar publication is strictly prohibited without the written consent of the owner of the copyright.
9.2 It is the advertiser’s responsibility to ensure that any material used in an advertisement is authorised for publication by the owner of the copyright to prevent the possibility of legal action being taken against the advertiser for any breach of the Copyright Act.
9.3 The acceptance of and publication of the advertisement or letter by the newspaper or publisher concerned is deemed to be consideration for the agreement to indemnify.

10. INDEMNITY AND WARRANTY

Advertisers and/or advertising agencies, by submitting or authorising material for publication by the publisher and in consideration of the publisher agreeing to publish the material:
(a) Indemnify the publisher, its servants and agents against all actions, proceedings, claims and demands arising out of or in connection with the publication of the material including, without limiting the generality of the foregoing, all actions, proceedings, claims and demands relating to defamation, malicious falsehood, breach or infringement of copyright, trade mark or design, breach of the Competition & Consumer Act, or breach of any other legal, equitable or statutory rights.
(b) Warrant that publication of the material will not give rise to any legal, equitable or statutory rights against the publisher and will not breach any laws or regulations including, without being limited, the proscriptions relating to advertising in the Competition & Consumer Act.

11. ADVERTISING RATE CLAUSE

GST will be added to the net value of the invoice. The GST component does not count towards overall monetary order expenditure or rate card discount levels.