Prime Creative Media Terms & Conditions

Prime Creative Media – Terms & Conditions

These terms and conditions apply to any person or company (herein referred to as “Client”) entering into an arrangement with Prime Creative Media (herein referred to as “PCM”) and any of its publications, websites, newsletters, bulletins, or events [herein referred to as “Publications”] regarding the publication and distribution of printed or electronic display advertising, content, electronic direct mail, or other promotional material (herein referred to as “Advertising”).

1. Agreement
   • The terms of publication, distribution and payment between the Client and PCM shall be outlined in the Booking Form. The Client enters into a contract for the service as outlined in the Booking Form by returning the signed booking form to PCM, or via written agreement sent over email.

2. Provision of material
   • In any material provided by a client to PCM, the client warrants that:
     • The client owns the full copywrite of that material
     • The material does not breach any law or rights of any other person
     • The client has the right to represent the individual, entity, product, or service mentioned in the material
     • If Advertising promotes a competition or trade promotions, Client has obtained all permits and indemnifies PCM against any loss in connection with Advertising.
   • The Client must provide Advertising artwork by given Material Due Date outlined in Booking Form, or PCM reserves the right to supply alternative artwork, including past advertisements.
   • The Client must provide Advertising to specifications provided by PCM for relevant publications.
   • PCM will charge a rate of $110 an hour for any work requested by a Client to produce or alter Advertising to fit publication specifications.
   • PCM reserves the right to refuse any artwork, for any reason, and will notify Client.
   • PCM will not be liable for any loss or damage to materials provided by the Client.
   • Client grants PCM a worldwide, royalty-free, non-exclusive, irrevocable licence to publish the Advertising in the form and medium as agreed to in the Booking Form.
   • Client cannot resell Advertising to a third party without PCM’s consent

3. Placement of Advertising
   • PCM will endeavour to publish Advertising in the format and position agreed to with the Client, and stated on the Booking Form
   • Where no position is explicitly stated on Booking Form, PCM will use reasonable efforts to publish Advertising in the format and position requested by the Client. However, PCM reserves the right to vary the placement of Advertising.
   • In the case of listings, PCM will publish Client listing under the heading PCM determines most appropriate, unless otherwise specified.

4. Cancellation
   • The Client must give 30 working days notice prior to Advertising Material Deadline to cancel an agreement
   • The Client will be liable to pay PCM the difference of any multiple booking pricing given based on the listed pricing.
   • If a Client cancels between 30 and 10 working days before the artwork deadline, then the Client will pay PCM 50% of the agreed costs as a cancellation fee.
   • If a Client cancels within 10 working days before the artwork deadline, then the Client will pay PCM 100% of the agreed costs.

5. Payment
   • PCM will send invoices to Client within seven working days of when Advertising appears in publication.
   • Client must pay PCM within 30 days of invoice issue date, unless alternative terms are agreed to in writing by the Managing Director.
   • All digital product bookings will be invoiced quarterly in advance.
   • Unless otherwise stated, any prices listed on any PCM documentation or via an email are exclusive of GST.
   • All amounts shown on PCM invoices are in Australian Dollars, unless otherwise stated.
   • All payments must be made in Australian Dollars, or the equivalent in foreign currency covering any international exchange fees.
   • Failure to pay issued invoices in agreed terms will be referred to a third party collection/credit agency.

6. Credit
   • 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
   • PCM excludes all implied conditions and warranties from these terms, except any condition or warranty that cannot be included by law.
   • Without limitation, PCM will not be liable for any indirect or consequential losses, loss of profits, loss of revenue, or loss of business opportunity following on from the distribution, or lack of distribution, of a Client’s Advertising.
   • Printer error or incorrect placement does not invalidate the contract agreed to in the Booking Form between the Client and PCM.
   • If PCM is unable to publish Client Advertising, PCM will not be liable for any costs beyond the maximum refund amount the Client paid.
   • PCM will not be liable for any loss or damage incurred by a Client arising from PCM’s failure to publish Advertising in accordance with a Client’s request.
   • PCM will not be liable for any delay or failure to publish Advertising caused by a factor outside of PCM’s reasonable control, such as any natural disaster, war, breakdown of plant, or other.

8. Confidentiality
   • PCM and the Client will treat as Confidential the following:
     • All agreed pricing stated in Booking Form, listed on invoices, or discussed in any email, phone, text, or in-person conversation.
     • All information generated in the negotiation and performance of Advertising, including all data relating to prices, budgets, forecasts, volumes, etc.
     • All data provided in any digital or other report.

9. Agency Booking
   • Agencies will be paid, or reimbursed, a 10 per cent booking fee, only if full payment is made within 45 days of end of the month where invoice falls.
   • If agency payments fall outside of 45 days of month where invoice falls, all entitlement to agency fees will be waived.