STANDARD TERMS AND CONDITIONS FOR ADVERTISING COPY
Current at 8 July 2009
These Standard Terms and Conditions for Advertising Copy relate to any advertising copy that is printed in the Toodyay Herald.
They form part of all trading arrangements between the Supplier (The Toodyay Herald Inc) and the Customer (or the
Customer’s Agents) for Services by the Supplier to the Customer and can only be varied by written notice by the Supplier to the
In the following Terms and Conditions 'the Supplier' relates to ourselves and any related body corporate of the Supplier within
the meaning of Section 50 of the Corporations law; ‘the Customer’ means the applicant and the entity to whom we are
supplying Services as defined herein, including any agency acting on behalf of an advertiser; and 'the Services' means the
publication of advertising material in the Toodyay Herald (or supplements thereof) provided by ourselves to the Customer from
time to time. The ‘DATE OF PUBLICATION’ of each edition of the Toodyay Herald is regarded as the ‘DATE OF INVOICE’ for
advertisements placed therein.
Unless otherwise specifically stated, any prices quoted by the Supplier at which the Customer accepts at the time are in
Australian currency, and are inclusive of the Australian Taxation Office 'Goods and Services Tax' (GST) applicable at the time
3. MINIMUM CREDIT
Trade advertisements $20 and under to be cash only. No personal or business cheques will be accepted.
4. CREDIT TERMS AND PAYMENT
a).The Credit terms are strictly 30 (thirty) days net from date of publication in which the advertisement is placed.
b).Credit is offered to the Customer subject to these Standard Terms and Conditions for Advertising Copy, and subject to
completion of the Toodyay Herald Inc. ‘Credit Application’ and its ‘Terms and Conditions of Trading '.
5. OUTSTANDING ACCOUNTS
a). If, at the conclusion of 60 (sixty) days from the Date of Invoice the account is not paid in full, no further copy
(advertisements) from the Customer shall be published until the account has been settled in full.
b).If, at the conclusion of 90 (ninety) days from the Date of Invoice, the account (including all outstanding amounts) has not
been paid in full, no further copy (advertisements) from the Customer shall be published, the Customer’s credit status shall be
withheld and The Toodyay Herald Inc will commence proceedings to recover the debt.
c) Debt recovery will be subject to all charges Ipso Facto and are to be added to the account. This may include solicitor’s fees
and debt collection fees (collectively up to but not exceeding 30% of the debt), plus disbursement costs, charges relating to
security documents and cheque dishonour fees.
6. RE-INSTATEMENT OF CUSTOMER
After a Customer has cleared their debt in full, the Customer’s credit status may be restored, but at the discretion of the
Management Committee of the Toodyay Herald Inc.
7. CANCELLATION OF ACCOUNT
a).A customer who has had legal proceedings taken against them to recover a debt, and were found to be in default, shall have
their credit status permanently cancelled.
b).A Customer who has twice exceeded 90 (ninety) days debt (as in 5.b) above), shall have their credit status permanently
c). Customers who have had their credit status cancelled shall only be permitted to advertise in the newspaper on a cash-upfront
basis. This is strictly to be cash, bank cheque or money order. No personal or business cheques will be accepted.
8. LAW APPLICABLE IN WESTERN AUSTRALIA
This deed is governed by the law applicable in Western Australia. The Supplier and the Customer irrevocably and
unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia.
9. CONSENT IN RELATION TO THE PRIVACY ACT
The Customer authorises and unconditionally grants its consent to the Supplier obtaining from a credit reporting agency or
other person or company, information and/or reports concerning it from time to time during the continuance of its credit account
so as to assist the Supplier in deciding whether to grant credit or to continue to grant credit to it or for collecting overdue
payments in respect of commercial credit for or provided to it. The Customer further authorises and consents to the Supplier
obtaining and disclosing information about its credit worthiness to and from credit reporting agencies and credit providers
(including identity particulars and details of overdue payments), who have or are or intend to enter into some commercial or
business dealings with it and/or credit to it. For the purposes of this paragraph ‘report’ and ‘information’ include any credit report
originating from a credit agency or any other or information that has any bearing on the Customer’s credit worthiness, credit
standing, credit history, credit capacity and personal information.
10. INDEMNITY AND WARRANTY
a).Advertisers and/or advertising agencies upon and by lodging material with the Supplier for publication or authorising or
approving of the publication of any material, INDEMNIFY the Supplier against all claims, demands, proceedings, costs,
expenses, damages, awards, judgements and any other liability whatsoever wholly or partially arising directly or indirectly in
connection with the publication of the material, and without limiting the generality of the foregoing, indemnify the Supplier inc in
relation to defamation, libel, slander of title, infringement of copyright, infringement of trade marks or names of publication titles,
unfair competition, breach of trade practices or fair trading legislation, violation of rights of privacy or confidential information or
licenses or royalty rights or other intellectual property rights AND WARRANT that the material complies with all relevant laws
and regulations and that its publication will not give rise to any claims against or liabilities to the Supplier, and without limiting
the generality of the foregoing, that nothing therein is in breach of the Trade Practices Act 1974 or the Copyright Act 1968 or
the Fair Trading Act 1987 or the defamation, consumer protection and sale of goods legislation of the States and Territories or
infringes the rights of any person.
b).The Supplier accepts no responsibility or liability in relation to any loss due to the failure of an advertisement to appear
according to instructions. The positioning or placing of an advertisement is at the discretion of the Editor.
a).Where no charge is made for the preparation of advertising material, the Supplier will remain owner of copyright in the
advertising material. Such advertising material may be reproduced only with the consent of the Supplier and upon payment of
such fee as the Supplier may require.
b).Original works are subject to copyright and shall not be reproduced without authority of the owner or the Supplier.