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Advertising Terms and Conditions

Advertising Terms and Conditions

The website "www.salisburysa.com" is owned and managed by Salisbury Community On Line.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. Cancellations
    Once the advertising campaign has begun it is non-cancellable by Advertiser and no payments are refundable.

  10. 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.

  11. 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.

Placement of any Orders indicates acceptance of all the above terms

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