Media Booking – Terms & Conditions

These terms and conditions (“Terms”) apply to any person, company or agency named on the Booking Form (“Client”) entering into an arrangement with Prime Creative Media (“PCM”) regarding the publication and distribution of printed, video, audio 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, radio or events (“Publications Platforms”).

1. Agreement

  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

  1. In any material provided by the Client to PCM, the Client warrants that:
    1. The Client owns the full copyright of that material;
    2. The material is true and correct and does not breach any law or rights of any other person;
    3. The Client has the right to represent the individual, entity, product, or service mentioned in the material; and
    4. If Services promote a competition or trade promotions, the Client has obtained all permits.
  2. 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:
    1. supply alternative artwork, including past advertisements and/or content; or
    2. charge the Client a date change fee of $150.
  3. The Client must provide advertising content to specifications provided by PCM for relevant media channels.
  4. PCM will charge a standard rate per hour (unless otherwise specified) for any work requested by the Client to produce or alter advertising artwork to fit publication specifications.
  5. PCM reserves the right to refuse any artwork, for any reason, with notice to the Client.
  6. PCM will not be liable for any loss of or damage to materials provided by the Client.
  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.
  8. Client cannot resell Services to a third party without PCM’s consent.
  9. The Client indemnifies PCM on a full indemnity basis against any loss in connection with the Services.

3. Performance of Services

  1. PCM will endeavour to publish the Services in the format and position agreed to with the Client, and stated on the Booking Form.
  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. 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. Cancellation

  1. To cancel a Service, the Client is required to give  PCM at least forty-five (45) days’ written notice of cancellation prior to the Start Date listed for the Services on the Booking Form.
  2. In the event of any cancellation the Client will be responsible for the payment of the following to PCM
    1. for Services cancelled with less than 45 days’ notice to PCM, the Client will pay PCM 100% of the agreed costs as listed on the Booking Form.
    2. for Services cancelled with more than 45 days’ notice, the Client will pay PCM 30% of the total agreed costs for the Services being cancelled as a cancellation fee.
  3. If the Client has been delivered any Services in accordance with the Booking Form which are subject to volume-based pricing, then the Client will pay PCM the difference between the casual rate for the booking and the volume based price offered.
  4. 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. Payment

  1. The Client will pay PCM the Fees specified in the Booking Form.
  2. Unless otherwise specified in the Booking Form:
    1. PCM will send invoices to Client within seven (7) working days of the date when Print Product appears in a Publication.
    2. All Digital Product bookings (inclusive of radio) will be invoiced quarterly in advance.
    3. All Marketing Product bookings will be invoiced 50% in advanced, and the remainder 50% upon completion.
  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.
  4. Unless otherwise stated, any prices listed on any PCM documentation or via an email are exclusive of GST.
  5. All amounts shown on PCM invoices are in Australian Dollars, unless otherwise stated.
  6. All payments must be made in Australian Dollars, or the equivalent in foreign currency covering any international exchange fees.
  7. Interest at the rate of 2.5% per month will be charged on 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.
  8. For the purposes of this clause:
    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. Digital products are also inclusive of PCM owned digital radio channels.
    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.
    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

  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. Liability

  1. PCM excludes all implied conditions and warranties from these terms, except any condition or warranty that cannot be excluded by law.
  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:
    1. 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;
    2. 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.
  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.
  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.
  5. This clause 7 survives any termination of the Contract.

8. Confidentiality

  1. PCM and the Client will treat as confidential the following:
    1. All agreed pricing stated in Booking Form, listed on invoices, or discussed in any email, phone, text, or in-person conversation;
    2. All information generated in the negotiation and performance of Services, including all data relating to prices, budgets, forecasts,
      volumes, etc.;
    3. All data provided in any digital or other report; and
    4. Any other information which would reasonably be considered to be confidential.

9. Agency Booking

  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.
  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. Privacy

  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.
  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.
  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. Reporting

  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. PCM’s standard reporting is a monthly report of total impressions, opens and click rates on display advertising and solus EDM sends, available on request. Any reports beyond this standard required to be produced by PCM are chargeable to the Client at PCM’s standard rates.

12. Content produced by PCM

  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.
  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

  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).
  2. PCM reserves the right to reduce the number of newsletter it sends around holiday periods.

14. Client Equipment

  1. Where the Services requested by the Client involve PCM conducting (or organising through a third party) a review of the Client’s physical product/s (“Equipment”) (“Review Services”), the Client agrees that:
    1. The Client must organise for delivery of the Equipment to the location specified by PCM;
    2. Delivery of the Equipment to PCM must occur prior to the date and time that the Review Services are to be performed (such timing to be advised by PCM);
    3. If the Client fails to deliver the Equipment to the specified location prior to the specified time for the Review Services, PCM may refuse to perform the Review Services, and any fees:
      • already paid by the Client for the Services (including any Review Services) as detailed in the Booking Form will not be refunded; and
      • payable by the Client for the Services (including any Review Services) as detailed in the Booking Form will remain owing as a debt due and payable to PCM on demand;
    4. All title and risk in the Equipment remains at all times with the Client during transit to PCM, and during performance of the Review Services; and
    5. PCM (or any third-party performing the Review Services on behalf of PCM) will not be liable under any circumstances for any damage to the Equipment during transit to PCM, or during performance of the Review Services.
  2. If the Client wishes to organise the collection of any Equipment following performance of the Review Services, the Client must:
    1. Notify PCM prior to the date of performance of the Review Services of their intention to collect the Equipment following performance of the Review Services; and
    2. Organise for the collection of the Equipment from the location where the Review Services have been performed, immediately
      following completion of the Review Services. PCM may, in its absolute discretion, agree to hold the Equipment for a further 24 hours following performance of the Review Services if it is not practicable for the Client to collect the Equipment immediately following completion of the Review Services.
  3. If the Client has notified PCM of its intention to collect the Equipment following completion of the Review Services as described in clause 2, the Client must organise anything required to enable collection of the Equipment, including any courier engagement, packaging or labelling required to enable collection of the Equipment. PCM will provide reasonable assistance in enabling the collection of the Equipment if requested by the Client.
  4. If the Client:
    1. Has not organised for and notified PCM of the collection of the Equipment as described in clause 2;
    2. Fails to collect the Equipment immediately following completion of the Review Services; or
    3. Fails to collect the Equipment by the time agreed with PCM, then immediately following PCM’s performance of the Review Services, or immediately upon the Client failing to collect the Equipment by the time agreed with PCM (as the case may be), ownership of the Equipment (including all title and risk) will pass absolutely and irrevocably to PCM. Performance of the Review Services will be considered fair consideration for the transfer of ownership of the Equipment. PCM is not required to provide notice to the Client of the transfer of ownership of the Equipment.
  5. If PCM acquires ownership of the Equipment under clause 4, PCM may elect to dispose of the Equipment in its absolute discretion. If PCM incurs any fees in disposing of the Equipment, then any reasonable costs and expenses incurred by PCM in so doing (such as shipping costs, courier engagement or waste disposal fees) will be recoverable from the Client as a debt due and payable to PCM upon PCM providing any invoices or other documentation to the Client for such amounts.

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE

From time to time, Prime Creative Media Pty Ltd (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies

At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent

If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind

If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically

Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact Prime Creative Media Pty Ltd:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To advise Prime Creative Media Pty Ltd of your new email address

To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. Contact sender If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from Prime Creative Media Pty Ltd

To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with Prime Creative Media Pty Ltd

To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

  1. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may;
  2. send us an email to natasha.thomas@primecre tive.com.au and in the body of such request you must state your email, full name, mailing address, and telephone number. Contact the sender. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software

The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide-signing-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically

To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:

  • You can access and read this Electronic Record and Signature Disclosure; and
  • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
  • Until or unless you notify Prime Creative Media Pty Ltd as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Prime Creative Media Pty Ltd during the course of your relationship with Prime Creative Media Pty Ltd.
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