These terms and conditions (“Terms”) apply to any person or company named on the Booking Form (“Client”) entering into an arrangement with Prime Creative Media (“PCM”) regarding the publication and distribution of printed or electronic display advertising, content, electronic direct mail, or any other promotional material or marketing services (“Services”) in or via any of PCM’s publications, websites, newsletters, bulletins, or events (“Publications Platforms”).
1.1 The specific details of Services and payment shall be outlined in the Booking Form. The Booking Form and these Terms form a contract between the Client and PCM (“Contract”). The Client enters into the Contract by returning the signed Booking Form to PCM, or via written agreement sent over email.
2. Provision of material
2.1 In any material provided by the Client to PCM, the Client warrants that:
2.1.1 The Client owns the full copywrite of that material;
2.1.2 The material does not breach any law or rights of any other person;
2.1.3 The Client has the right to represent the individual, entity, product, or service mentioned in the material; and If Services promote a competition or trade promotions, the Client has obtained all permits.
2.1.4 The client must provide advertising artwork by given Material Due Date (as specified in the booking form), failing which PCM may in its sole discretion:
2.2.1 supply alternative artwork, including past advertisements; or
2.2.1 charge the Client a date change fee of $150.
2.3 The Client must provide advertising artwork to specifications provided by PCM for relevant publications.
2.4 PCM will charge a rate of $110 per hour for any work requested by the Client to produce or alter advertising artwork to fit publication specifications.
2.5 PCM reserves the right to refuse any artwork, for any reason, with notice to the Client.
2.6 PCM will not be liable for any loss of or damage to materials provided by the Client.
2.7 Client grants PCM a worldwide, royalty-free, non-exclusive, irrevocable licence to publish the Services in the form and medium as agreed to in the Booking Form.
2.8 Client cannot resell Services to a third party without PCM’s consent.
2.9 The Client indemnifies PCM on a full indemnity basis against any loss in connection with the Services
3. Performance of Services
3.1 PCM will endeavour to publish the Services in the format and position agreed to with the Client and stated on the Booking Form.
3.2 Where no position is explicitly stated on Booking Form, PCM will use reasonable efforts to publish Services in the format and position requested by the Client. However, PCM reserves the right to vary the placement of the Services.
3.3 In the case of listings, PCM will publish Client listing under the heading PCM determines most appropriate, unless otherwise agreed between the Client and PCM in writing.
4.1 If the Client gives PCM at least thirty (30) working days’ notice prior to Services Deadline outlined in the Booking Form to cancel the Contract, then the Client will pay PCM 5% of the agreed costs as a cancellation fee.
4.2 If the Client cancels its booking between thirty (30) and ten (10) working days before the Services Deadline (as specified in the Booking Form), then the Client will pay PCM 50% of the agreed Fees as a cancellation fee.
4.3 If a Client cancels its booking within ten (10) working days before the artwork deadline, then the Client will pay PCM 100% of the agreed Fees.
4.4 If the Client cancels any bookings that are subject to any volume-based discounts, the Client will be liable to pay PCM 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.
4.5 The Client agrees that the amounts recoverable under this clause 4 are a reasonable pre-estimate of PCM’s loss and not a penalty.
5.1 The Client will pay PCM the Fees specified in the Booking Form
5.2 Unless otherwise specified in the Booking Form:
5.2.1PCM will send invoices to Client within seven (7) working days of the date when Print Product appears in a Publication
5.2.2 All digital product bookings will be invoiced quarterly in advance
5.2.3 All Marketing product bookings will be invoiced 50% in advance, and the reminder 50% upon completion
5.3 Client must pay PCM within thirty (30) days of invoice issue date, unless alternative terms are agreed to in writing by PCM’s CEO.
5.4 Unless otherwise started, any prices listed on any PCM documentation or via an email are exclusive GST.
5.5 All amounts shown on PCM invoices are in Australian Dollars, unless otherwise stated.
5.6 All payments must be made in Australian Dollars, or equivalent in foreign currency covering any international exchange fees.
5.7 Interest at the rate of 2.5% per month will be charged to overdue amounts. The Client indemnifies PCM on a full indemnity basis against any loss, costs and expenses incurred by PCM in the recovery of any overdue amounts. 5.8 For the purposes of this clause:
5.8.1 “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.
5.8.2 “Print Product(s)” mean print display ads, inserts, onserts, sponsorships, listings and paid for content in all print media including magazines, showguides and directories.
5.8.3 “Marketing Product(s)” mean Whitepapers, Case Studies, Infographs, Professional Articles, Video production, Webinar production, podcast production and other similar services.
6. Credit checks and credit reporting
6.1 The Client authorises PCM to make enquiries and to use, exchange or disclose to any credit provider or credit reporting agency, any or all information PCM knows or obtains concerning a Client’s credit condition.
7.1 PCM excludes all implied conditions and warranties from these terms, except any condition or warranty that cannot be included by law.
7.2 Notwithstanding any other provision of the Contract, the liability of PCM to the Client, whether arising under or in connection with the
Contract or the performance or non-performance thereof or anything incidental thereto, and whether for breach or repudiation of contract, by way of indemnity, by statute (to the extent that it is possible to exclude and limit such liability), in tort (arising in respect of negligence, bailment or otherwise), or on any other basis in law or equity is hereby limited and excluded as follows:
(a) PCM shall have no liability whatsoever to the Client for loss of use, production, profit, revenue, business, data, contract or anticipated benefit or saving, or for any delay or for any financing costs or increase in operating costs or any economic loss or financial loss or cost (whether similar to the foregoing or not, and whether suffered by the Client itself or a result of a claim by a third party) or for any special, indirect or consequential loss or damage;
(b) the total aggregate liability of PCM to the Client is limited to the amount equal to the amount equivalent of the Fees paid by the Client to PCM under the Contract that gave rise to such liability in the six (6) months preceding the relevant liability.
7.3 PCM will not be liable for any delay or failure to perform the Contract caused by a factor outside of PCM’s reasonable control, such as any natural disaster, war, breakdown of plant, or other. If PCM is unable to publish Services, PCM 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 Booking Form between the Client and PCM. In the event of a major defect in the Services PCM will re-perform the Services or part thereof affected by a defect.
7.5 This clause 7 survives any termination of the Contract.
8.1 PCM and the Client will treat as confidential the following:
8.1.1 All agreed pricing stated in Booking Form, listed on invoices, or discussed in any email, phone, text, or in-person conversations;
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; and
8.1.4 Any other information which would reasonably be considered to be confidential.
9. Agency Booking
9.1 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.
9.2 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 1 will be waived.
10.1 The Client acknowledges that the services performed by PCM under these terms may result in collection of personal information by the Client or by PCM on behalf of the Client.
10.2 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.
10.3 The Client accepts full liability and indemnifies PCM on the full indemnity basis for any loss or damage that may arise from any contravention of this clause by the Client.
11.1 Any reports required to be provided by PCM as part of Services must be identified and agreed between the parties prior to the booking as part of the order. Any reports required to be produced by PCM are chargeable to the Client at PCM’s standard rates.
12. Content produced by PCM
12.1 If PCM has been contracted by the Client to produce paid content for Client by the Content Marketing Division, that content is owned by the Client and can be used for the Client’s marketing purposes and use, however the Client must agree to the specific terms and conditions of the Content Marketing booking, which must be obtained by the Client from PCM by way of written request.
12.2 If PCM produces content representing the Client, as part of an advertising package, but that specific content is not paid for by the Client, then PCM reserves full copyright and editorial control of the content and associated images.
13. Newsletter distribution
13.1 Public holidays. Prime Creative Media does not send out newsletters on National public holidays. Weekly and twice/thrice weekly newsletters that fall on a public holiday are rescheduled by PCM for another day, while daily newsletters are not sent on a public holiday and will not be rescheduled to any other day. There are seven National Public Holidays (New Year’s Day, Australia Day, Good Friday, Easter Monday, Boxing Day, Anzac Day, Christmas Day).
13.2 PCM reserves the right to reduce the number of newsletter it sends around holiday periods.