Media Booking Terms and Conditions
Media Booking – Terms & Conditions
These terms and conditions (“Terms”) apply to any person or company (“Client”) named in the Insertion Order entering into an Agreement with Insurance News for the provision of advertising or marketing Services.
1.1. The specific details of Services and payment shall be outlined in the Insertion Order. The insertion Order and these Terms form a contract between the Client and Insurance News (“Contract”). The Client enters into the Contract by returning the signed Insertion Order to Insurance News, or via written agreement sent over email.
Editorial Team means the editorial team of Insurance News.
Insertion Order means the quotation provided by Insurance News to the Client detailing the scope of Services and the payment schedule for the defined Services.
Material means any material in any format provided by the Client to Insurance News for the purpose of providing the Servicers.
Media Kit means Insurance News publication detailing requirements for the provision of Services including deadlines for the timely provision of Material.
Services means the publication and distribution of printed or electronic display advertising, content, electronic direct mail, or any other promotional material or marketing services in or via any Insurance News publications, websites, newsletters, bulletins, or events (publication platforms).
- Provision of Material
3.1. For any Material provided by the Client to Insurance News, the Client warrants that:
3.1.1. The Client owns the full copyright of that Material;
3.1.2. The Material does not breach any law or rights of any other person; and
3.1.3. The Client has the right to represent the individual, entity, product, or services mentioned in the Material.
3.2. The Client must provide advertising artwork by the given deadline as specified in the Media Kit (“Services Deadline”), failing which Insurance News may in its sole discretion:
3.2.1. Supply alternative artwork, including past advertisements; or
3.2.2. Postpone the publishing of the Services to the next available slot, bulletin, or edition in addition to charging the Client a late fee of $500.
3.3. The Client must provide advertising artwork to specifications detailed in the Media Kit for relevant publications.
3.4. Insurance News will charge a rate of $160 per hour for any work requested by the Client to produce or alter advertising artwork to fit publication specifications.
3.5. Insurance News reserves the right to refuse any artwork for any reason with written notice to the Client.
3.6. Insurance News will not allow industry awards to be included in any advertisement, without prior approval from its Editorial Team.
3.7. Insurance News will not be liable for any loss of or damage to Materials provided by the Client.
3.8. Client grants Insurance News a worldwide, royalty-free, non-exclusive, irrevocable licence to publish the Services in the form and medium as agreed to in the Insertion Order.
3.9. Client cannot resell the Services to a third party without the written consent of Insurance News, however Insurance News will endeavour to publish the Services in the format and position agreed to with the Client and stated on the insertion Order.
3.10. The Client indemnifies and holds harmless Insurance News on a full indemnity basis against any loss (including consequential loss) in connection with the Services.
4.1. Insurance News will endeavour to publish the Services in the format and position agreed to with the Client and stated on the Insertion Order.
4.2. Where no position is explicitly stated on Insertion Order, Insurance News will use reasonable efforts to publish Services in the format and position requested by the Client. However, Insurance News reserves the right to vary the placement of the Services.
4.3. For the purposes of this Contract:
4.3.1. “Digital Product(s)” mean digital display ads, sponsorships and paid for content on web sites, e-newsletters, and email blasts as well as all directory related items such as listings, section sponsorships and profiles in digital only bookings.
4.3.2. Print Product(s)” mean print display ads, inserts, onserts, sponsorships, listings and paid for content in all print media including magazines, showguides and directories.
4.3.3. “Marketing Product(s)” mean whitepapers, case studies, infographs, professional articles, video production, webinar production, podcast production and other similar Services.
5.1. If the Client gives Insurance News at least thirty (30) working days’ written notice prior to the deadline stated in the Media Kit to cancel the Contract, then the Client will pay Insurance News 5% of the agreed fees of any remaining contracted ads as a cancellation fee.
5.2. If the Client cancels its booking between ten (10) and thirty (30) working days before the deadline stated in the Media Kit, then the Client will pay Insurance News 50% of the agreed fees of any remaining contracted ads as a cancellation fee.
5.3. If a Client cancels its booking within ten (10) working days before the deadline stated in the Media Kit, then the Client will pay Insurance News 100% of the agreed fees as a cancellation fee.
5.4. If the Client cancels any bookings that are subject to any volume-based discounts, the Client will be liable to pay Insurance News the difference between the then current listed prices for the bookings used by the Client and discounted price offered to the Client for such bookings.
5.5. The Client agrees that the amounts recoverable under clauses 3 and 5 are a reasonable pre-estimate of Insurance News’ loss and not a penalty.
5.6. For Services booked across multiple months in Premium or The Broker the Client is liable for that full booking cost until a replacement advertiser is found.
6.1. The Client will pay Insurance News the fees specified in the Insertion Order.
6.2. Unless otherwise specified in the insertion order, Insurance News will send invoices to the Client within seven (7) working days of the date when the Service is published.
6.3. Client must pay Insurance News within fourteen (14) days of invoice issue date unless alternative terms are agreed to in writing by Insurance News.
6.4. Unless otherwise stated, any prices listed on any Insurance News documentation or via an email are exclusive of GST.
6.5. All amounts shown on Insurance News invoices are in Australian Dollars unless otherwise stated.
6.6. All payments must be made in Australian Dollars or the equivalent in foreign currency covering any international exchange or bank fees.
6.7. Interest at the rate of 2.5% per month will be charged on overdue amounts. The Client indemnifies and holds harmless Insurance News on a full indemnity basis against any loss, costs and expenses incurred by Insurance News in the recovery of any overdue amounts.
6.8. If the Client is an agency (“Agency”), it will be paid, or reimbursed, a ten per cent (10 %) booking fee, but only if full payment is made within forty-five (45) days of end of the month where invoice falls.
6.9. If Agency payments fall outside of forty-five (45) days of month where invoice falls, all entitlement to agency discount set out in sub-clause 6.8 will be waived and an additional invoice for the booking fee will be issued for payment.
7.1. Insurance News excludes all implied conditions and warranties from these terms, except any condition or warranty that cannot be excluded by law.
7.2. Notwithstanding any other provision of the Contract, the total aggregate liability of Insurance News to the Client is limited to the amount equal to the amount equivalent of the Fees paid by the Client to Insurance News under the Contract that gave rise to such liability in the six (6) months preceding the relevant liability.
7.3. Insurance News will not be liable for any delay or failure to perform the Contract caused by a factor outside of Insurance News’s reasonable control. If Insurance News is unable to publish Services, Insurance News will not be liable for any costs beyond the maximum refund amount the Client paid.
7.4. Any defects in the Services do not invalidate the Contract agreed to in the Insertion Order.
7.5. between the Client and Insurance News. In the event of a major defect in the Services Insurance News will re-perform the Services or part thereof affected by a defect.
8.1. Insurance News and the Client will treat as confidential the following:
8.1.1. All agreed pricing stated in the Insertion Order, listed on invoices, or discussed in any email, phone, text, or in- person conversation.
8.1.2. All information generated in the negotiation and performance of Services, including all data relating to prices, budgets, forecasts, volumes, etc.
8.1.3. All data provided in any digital or other report.
8.1.4. Any other information which would reasonably be considered to be confidential.
9.1. The Client acknowledges that the Services provided by Insurance News under these terms may result in collection of personal information by the Client or by Insurance News on behalf of the Client.
9.2. The Client assumes all responsibility in relation to compliance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, Spam Act 2003 (Cth), Do Not Call Register Act 2006 (Cth) and all other relevant laws and regulations in respect of all personal information collected and handled under or in connection with these terms.
9.3. The Client accepts full liability and indemnifies and holds harmless Insurance News on the full indemnity basis for any loss or damage that may arise from any contravention of this clause by the Client.
10.1. Insurance News standard reporting is a monthly report of total impressions, opens and click rates on display advertising and solus EDM sends, the report is available on request.
10.2. Any reports beyond this standard required to be produced by Insurance News are chargeable to the Client at Insurance News agreed rates.
- Content produced by Insurance News
11.1. If Insurance News has been contracted by the Client to produce paid content for the Client in the Insertion Order, that content is owned by Insurance News, but the Client can use it solely for the Client’s marketing purposes. The Client must agree to the specific terms and conditions for paid content which must be obtained by the Client from Insurance News by way of written request.
11.2. If Insurance News produces content representing the Client, as part of an advertising package, but that specific content is not paid for by the Client, then Insurance News reserves full copyright and editorial control of the content and associated images.
- Newsletter distribution
12.1. The Client acknowledges that Insurance News does not send out newsletters on National public holidays. For the avoidance of doubt, Insurance News acknowledges eight National public holiday, these being New Year’s Day, Australia Day, Anzac Day, Good Friday, Easter Monday, the King’s Birthday, Boxing Day, and Christmas Day.
12.2. Insurance News reserves the right to reduce the number of newsletters it sends around holiday periods.
- Governing Law
13.1. This Contract is governed by the laws in force in Victoria. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and any courts having jurisdiction to hear appeals from those courts.
- Overseas Customers
14.1. Insurance news provides products that are delivered to the Australian market with a predominately Australian audience. According to the ATO (Australian Tax Office), we are liable to charge 10% Goods & Services Tax (GST) to any organisation advertising with us, irrespective of their location. More information from the ATO can be found here.
14.2. GST (Goods and Services Tax) is a broad-based tax of 10% on most goods, services and other items sold or consumed in Australia and also on most imports of goods. These include fees for professional services conducted in Australia.
- Acknowledgement of Terms
15.1. By signing and returning the Insertion Order, I acknowledge that I have read and understood the above Terms.