Please read our T’s & C’s for Issue # 8 and tick yes!!
1. I DO I DO GIPPSLAND’S BOOKING PROCESS
a) Advertisers must complete and type their name as their signature within this paperless form (this will become your electronic and legal binding booking with Issue # 8 and your signature). An Invoice and Confirmation Advice will be emailed to the Advertiser. You have an opportunity to pay via the online payment service offered and or a payment plan (EzyPay).
b) The Cancellation Date for Issue # 8 is Friday 10th May 2024.
c) Advertisers may cancel all or part of their Booking without penalty if written notice is given before the Cancellation Date Friday 10th May 2024.
d) Bookings accepted by I do I do GIPPSLAND after the Cancellation Date may not be cancelled by the Advertiser.
e) If the Advertiser cancels all or part of their Booking after the Cancellation Date, I do I do GIPPSLAND is entitled to full payment for the Booking.
f) If I do I do GIPPSLAND fails to issue a Confirmation Advice relating to any Booking but provides Publishing Services, these terms will bind the Advertiser as if a Confirmation Advice had been issued.
2. I DO I DO GIPPSLAND’S PAYMENT PROCESS
a) PAYMENT TERMS
The Advertiser agrees to pay I do I do GIPPSLAND the total amount of the invoice/s within the terms as set out by I do I do GIPPSLAND including, but not limited to any additional fees applicable such as cancellation fees, late payment fees, debt collection fees, court costs, interest fees on overdue payment. All rates are GST-exclusive.
b) INVOICE PAYMENTS
For your Issue # 8 Booking: An invoice for the full booking amount is payable on a 30-day terms via direct deposit (unless another arrangement has been made). The payment method will be detailed on the invoice.
c) PAYMENT PLAN WITH EZYPAY
This is a direct debit system supplied through a payment gateway and payments can be made from any nominated bank account or credit card with your first instalment to be debited between 7 and 14 days.
Your instalments will be debited on a Friday as arranged either weekly, fortnightly, or monthly. It is your responsibility to have sufficient funds available in your nominated account, failing this you will be charged a fee for each unsuccessful debit in addition to any fees charged by your financial institution. I do I do GIPPSLAND will email you an outline of your scheduled payments. If your credit card expires, or any changes are made to the bank account information supplied and funds cannot be debited for any reason, it is your responsibility to update the details with our office so your payments can continue to be debited. If you miss any payments, you must make a lump sum payment to ensure your overall contract is paid within the original agreed time frame.
d) LIABILITY
The Advertiser is liable for the payment of invoices for published advertising. If final payment is not received on or before the due date LATE PAYMENT FEES will be added to your outstanding amount at the rate of 5% when the debt becomes 7 days overdue. A further 5% will be added when the debt becomes 30 days overdue. Should any amounts become 45 days overdue a FINAL NOTICE will be issued, giving the Advertiser 7 days to pay the outstanding amount. Should a final notice be ignored, legal action will be initiated to recover debts without further notice. I do I do GIPPSLAND reserves the right to add further debt collection fees to cover the cost of collecting any such debts. Enforced collection on this obligation may result in additional legal or court costs to you and may impair your credit rating.
3. I DO I DO GIPPSLAND’S ARTWORK CONDITIONS
a) Any artwork created by I do I do GIPPSLAND for and on behalf of the Advertiser, remains the copyright of I do I do GIPPSLAND unless prior arrangement is made in writing between both parties. Additional Copyright ownership fees will apply if the Advertiser requires the Publisher to supply the artwork they have created to the Advertiser or a third party.
b) Advertisers may not make any changes to their advertising after they have approved their advertising proof unless agreed by I do I do GIPPSLAND.
c) If advertising components or finished artwork are not received by the material deadline, I do I do GIPPSLAND may insert previously submitted advertising in its place. Where previous advertising does not exist, I do I do GIPPSLAND may omit the Advertiser’s advertisement all together. The Advertiser will still be liable for payment of the said advertising.
4. I DO I DO GIPPSLAND’S PUBLISHING CONDITIONS
a) I do I do GIPPSLAND may, at its discretion, refuse to accept any Copy for Publication, and may at any time, cancel or reschedule any booking. b) I do I do GIPPSLAND may, at its discretion, refuse Publishing Services of an Advertiser if the Advertiser is in breach of these conditions or any agreement between the Advertiser and I do I do GIPPSLAND.
c) Bookings may not be resold or sub-licensed by the Advertiser or used other than for copy referred to in the Confirmation Advice.
d) If I do I do GIPPSLAND is unable to perform an obligation under these conditions because of an event outside of I do I do GIPPSLAND’s reasonable control, the performance of that obligation is suspended.
5. WARRANTIES TO I DO I DO GIPPSLAND
a) The Advertiser warrants to I do I do GIPPSLAND that Copy and Photo/Image lodged with I do I do GIPPSLAND: 1. That you have permission of the photographer. 2. Complies with any standard or requirement specified by I do I do GIPPSLAND. 3. Does not infringe Copyright, Trademark or other legal rights of any person: – is not false or misleading and is true in substance and fact; – without limiting the above does not infringe the Trade Practices Act 1974 (Australia)
(as amended); and complies with all laws, statutes, regulations, codes of practice and any standards applicable to the publication of Copy and determined by any relevant regulatory agency or industry self-regulatory body; – does not contain anything which may give rise to any cause of action by a third party against I do I do GIPPSLAND, including without limitation material which is defamatory or obscene or which otherwise causes injury or damage to any person.
6. INTELLECTUAL PROPERTY RIGHTS
a) We reserve the right to use any work we produce for you as samples, which we may use or reproduce in any reasonable way for marketing purposes.
b) All designs we create cannot be altered or used in a different context other than what has been agreed upon unless given written permission by I do I do GIPPSLAND. Any use of this work by the Advertiser/or their assigns is strictly prohibited without written, prior permission by
I do I do GIPPSLAND. A fee may be incurred for the release of artwork and photography.
c) All artwork, designs, edits, revisions and work products including logos created by I do I do GIPPSLAND remain the exclusive Copyright and Intellectual Property of I do I do GIPPSLAND.
d) I do I do GIPPSLAND shall be free to reproduce, use, disclose, display, exhibit, transmit, create derivative works, and distribute any created work unless specifically agreed otherwise.
7. INDEMNITY & I DO I DO GIPPSLAND
a) Advertiser indemnifies I do I do GIPPSLAND, its employees, agents and affiliates, and their employees and agents against any action, claim, loss or expense arising from publication of Copy or cancellation or failure to publish any Copy and all costs, losses and expenses suffered or incurred by I do I do GIPPSLAND, its employees, agents and affiliates, and their employees and agents as a result of any breach by Advertiser of these conditions or any agreement between Advertiser and I do I do GIPPSLAND.
8. PRIVACY ACT 1988 & I DO I DO GIPPSLAND
a) The Advertiser agrees for I do I do GIPPSLAND to obtain from a credit-reporting agency, a credit report containing personal credit information about the Advertiser about credit provided by I do I do GIPPSLAND. b) The Advertiser agrees that I do I do GIPPSLAND may exchange information about the Advertiser with those credit providers named in the Application for a credit account or named in a consumer credit report issued by a reporting agency for the following purposes: – To assess an application by the Advertiser. – To notify other credit providers of a default by the Advertiser. – To exchange information with other credit providers as to the status of this credit account, where the Advertiser is in default with other credit providers; and – To assess the creditworthiness of the Advertiser.
c) The Advertiser consents to I do I do GIPPSLAND being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1) (h) Privacy Act 1988).
d) The Advertiser agrees that personal data provided may be used and retained by I do I do GIPPSLAND for the following purposes as shall be agreed between the Advertiser and Seller or required by law from time to time: – provision of Goods and/or Services; – marketing of Goods and/or Services by I do I do GIPPSLAND, its agents or distributors in relation
to the Goods and/or Services; – analysing, verifying and/or checking the Advertiser’s credit, payment and/or status about the provision of Goods and/ or Services, – processing of any payment instructions,
direct debit facilities and/or credit facilities requested by the Advertiser; and – enabling the daily operation of the Advertiser’s account and/ or the collection of amounts outstanding in the Advertiser’s account about the Goods and/or Services.
e) I do I do GIPPSLAND may give information about the Advertiser to a credit reporting agency for the following purposes: – to obtain a consumer credit report about the Advertiser; and or – allow the credit reporting agency to create or maintain a credit information file containing information about the Advertiser.
9. I DO I DO GIPPSLAND LIABILITY
a) I do I do GIPPSLAND liability to the Advertiser or any other partyfor the loss (including theft) or destruction of or damage to any film or negatives, digital media or other material belonging to the Advertiser or any other party which is deposited with I do I do GIPPSLAND for processing, whether caused by the negligence of I do I do GIPPSLAND, its employees or agents or otherwise will be limited to the replacement cost of the film, negatives or other materials and I do I do GIPPSLAND will not be liable for the cost of re-taking or re-shooting the material contained in the film, negatives or other material.
b) I do I do GIPPSLAND will not be liable for any consequential loss or damage incurred by the Advertiser or any other party including loss of profit or income and it is the Advertiser’s responsibility to insure against such loss and damage.
c) I do I do GIPPSLAND will not be liable for any failure to perform, any contract between I do I do GIPPSLAND and the Advertiser which is due to any circumstances beyond I do I do GIPPSLAND control including (but not limited to); inability to secure labour, materials, supplies or transport; power or components; or machine breakdown, theft, vandalism, fire, storm, flood act of God, COVID, war, civil disturbance, strikes, lock-outs, or industrial action (of any form).
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