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The Equine Sports Medicine website is
owned and managed by Ross Manson.
Terms of Payment
Advertiser will be invoiced on the first day of the contract period. Payment
shall be made to Ross Manson within thirty (30) days from
the date of invoice. Amounts paid after such date shall bear interest at the
rate of one percent (1%) per month (or the highest rate permitted by law, if
less). 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 Ross Manson in collecting such amounts
in addition to any amounts invoiced for advertising.
Positioning
Positioning of advertisements within Equine Sports Medicine web pages is at the sole discretion of
Ross Manson. Advertiser acknowledges and agrees that,
except as provided herein, Ross Manson 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, Ross Manson 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. Ross Manson 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 Ross Manson sole discretion. Pricing for any renewal
period is subject to change by Ross Manson 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 Ross Manson.
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 Ross
Manson of goods or services under these Standard Terms
which cannot be excluded, restricted or modified ("Non-excludable Rights").
Ross Manson 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, Ross Manson's liability for breach of
implied warranties, conditions or undertakings which cannot be excluded is
limited, in the case of goods, at Ross Manson'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 Ross Manson's liability is
limited, at Ross Manson'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 Ross Manson 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, Ross
Manson 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, labor or material shortage, transportation interruption of any kind,
work slowdown or any other condition beyond the control of Ross Manson affecting production or delivery in any manner.
Advertisers
Representations; Indemnification
Advertisements are accepted only on the condition that the Advertiser warrants
to Ross Manson that the Advertiser has the right to
publish the advertisement without the infringement of any rights of any party.
In consideration of Ross Manson publishing the
advertisement, the Advertiser indemnifies and holds Ross Manson 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 Ross Manson 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 Ross Manson's policies in
effect from time to time, including (without limitation) the manner of
transmission to Ross Manson and the time prior to
publication of the advertisement. Ross Manson shall not
be required to publish any advertisement that is not received in accordance
with such policies. Ross Manson 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 Ross Manson's approval. Ross
Manson reserves the right to reject
or cancel any advertisement at any time. Acceptance of any advertisement by
Ross Manson (including any URL link contained or embedded
in any advertisement) shall not be deemed to be an acknowledgment by Ross
Manson that the Advertiser has complied with any or all
relevant laws, regulations or industry codes. In addition, Ross Manson shall have the absolute right to reject any URL link embodied
within any advertisement.
Cancellations
Once the advertising campaign has begun it is non-cancelable by Advertiser
and no payments are refundable.
Construction
No conditions other than those set forth in these Standard Terms shall be
binding on Ross Manson unless expressly agreed to in
writing by Ross Manson. 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 New South Wales
(and each party submits to the non-exclusive jurisdiction of the courts of New
South Wales); (b) may be amended only by a written agreement executed by an
authorized 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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