Advertising Terms and Conditions
The website "www.salisburysa.com" is owned and managed by Salisbury Community On Line.
- Terms of Payment
Advertiser will be invoiced on the first day of the contract period. Payment
shall be made to Salisbury Community On Line within thirty (30) days
from the date of invoice. In the event of any failure by Advertiser to make payment,
Advertiser will also be responsible for all reasonable expenses (including
attorneys' fees) incurred by Salisbury Community On Line in collecting
such amounts in addition to any amounts invoiced for advertising.
- Positioning
Positioning of advertisements within "www.salisburysa.com" is at the sole discretion of
Salisbury Community On Line. This does not apply to Custom Campaigns or page specific banners.
Advertiser acknowledges and agrees that,
except as provided herein, Salisbury Community On Line has not made any
guarantees, inducements, warranties or other representations with respect
to usage statistics or levels of impressions for any advertisement. In some
cases, Salisbury Community On Line provides the Advertiser with estimated
usage statistics, but this is done only at the request of, and as a courtesy
to, the Advertiser, and the Advertiser acknowledges and agrees that any such
statistics are expressly excluded from these Standard Terms. Salisbury Community
On Line shall not be held liable for any claims whatsoever relating
to such usage statistics.
- Renewal
Except as expressly set forth in the Insertion Order, any renewal of the Insertion
Order and acceptance of any additional advertising order shall be at Salisbury Community On Line's
sole discretion. Pricing for any renewal period is subject to change by Salisbury Community On Line
from time to time.
- No Assignment or Resale of Ad Space
Advertiser may not resell, assign or transfer any of its rights hereunder,
and any attempt to resell, assign or transfer such rights shall result in
immediate termination of this contract, without liability to Salisbury Community On Line.
- Limitation of Liability
The Trade Practices Act and similar State and Territory legislation may confer
rights and remedies on the Advertiser in relation to the provision by Salisbury Community On Line
of goods or services under these Standard Terms which cannot be excluded,
restricted or modified ("Non-excludable Rights"). Salisbury Community On Line does not exclude
any Non-excludable Rights but does exclude all other conditions and warranties
implied by custom, law or statute.
To the full extent permitted by law, Salisbury Community On Line's liability for breach of implied
warranties, conditions or undertakings which cannot be excluded is limited,
in the case of goods, at Salisbury Community On Line's option, to (a) the replacement of the goods
or the supply of equivalent goods, (b) the repair of such goods, (c) the payment
of the cost of replacing the goods or of acquiring equivalent goods, or (d)
the payment of the cost of having the goods repaired, and in the case of services
Salisbury Community On Line's liability is limited, at Salisbury Community On Line's option, to (a) the supply of the
services again or (b) the payment of the cost of having the services supplied
again.
In no event shall Salisbury Community On Line be responsible for any
consequential or special damages, lost profits or any other damages arising
from any failure to publish any advertisement timely or otherwise in accordance
with the Insertion Order. Without limiting the foregoing, Salisbury Community On Line
shall not have any liability for any failure or delay resulting
from any governmental action, fire, flood, insurrection, earthquake, power
failure, riot, explosion, embargo, strikes whether legal or illegal, labour
or material shortage, transportation interruption of any kind, work slowdown
or any other condition beyond the control of Salisbury Community On Line
affecting production or delivery in any manner.
- Advertisers Representations - Indemnification
Advertisements are accepted only on the condition that the Advertiser warrants
to Salisbury Community On Line that the Advertiser has the right to publish the advertisement without
the infringement of any rights of any party. In consideration of Salisbury Community On Line publishing
the advertisement, the Advertiser indemnifies and holds Salisbury Community On Line harmless against
any and all claims (whether in contract, tort, statute or otherwise) for any
form of damages, losses, costs injury or harm sustained by Salisbury Community On Line or any other
party (including all reasonable fees of any legal advisers) in consequence
of the publication of, or any act or omission in relation to, the advertisement
and/or any material of the Advertiser to which users can link through the
advertisement. The Advertiser warrants that all product specifications, performance,
service and other claims contained in the advertisement can be fully substantiated
and are in conformity with relevant Commonwealth and State laws, including
the provisions of the Trade Practices Act 1974, regulations, mandatory and
voluntary codes and all other forms of regulation.
- Provision of Advertising Materials
Advertiser will provide all materials for the advertisement (including GIF files), in accordance
with Salisbury Community On Line's policies in effect from time to time,
including (without limitation) the manner of transmission to Salisbury Community On Line and the
time prior to publication of the advertisement. Salisbury Community On Line shall not be required
to publish any advertisement that is not received in accordance with such
policies. Salisbury Community On Line will not be liable for any form of damage, loss, costs, injury
or harm sustained by the Advertiser or any other party in consequence of or
resulting directly or indirectly out of any delay or error in, or omission,
cancellation, publication or transmission of, any advertisement.
- Right to Reject Advertisement
All contents of advertisements are subject to Salisbury Community On Line
Ltd's approval. Salisbury Community On Line reserves the right to reject
or cancel any advertisement at any time. Acceptance of any advertisement by
Salisbury Community On Line (including any URL link contained or embedded in any advertisement) shall
not be deemed to be an acknowledgment by Salisbury Community On Line that the Advertiser has complied
with any or all relevant laws, regulations or industry codes. In addition, Salisbury Community On Line
shall have the absolute right to reject any URL link embodied within any advertisement.
- Cancellations
Once the advertising campaign has begun it is non-cancellable by Advertiser
and no payments are refundable.
- Construction
No conditions other than those set forth in these Standard Terms shall be
binding on Salisbury Community On Line unless expressly agreed to in
writing by Salisbury Community On Line. In the event of any inconsistency
the Standard Terms shall control.
- Miscellaneous
These Standard Terms, together with the Insertion Order, (a) shall be governed
by and construed in accordance with, the laws of the State of South Australia
(and each party submits to the non-exclusive jurisdiction of the courts of
South Australia ); (b) may be amended only by a written agreement executed
by an authorised representative of each party; and (c) constitute the complete
and entire expression of the agreement between the parties, and shall supersede
any and all other agreements, whether written or oral, between the parties.
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