CHIK SERVICES’ HEALTH-e-DIRECTORY
Terms and Conditions for Listing/Advertising
Authority
The advertiser/listee and/or advertising agency (hereinafter called "The Advertiser") hereby authorises CHIK Services (hereinafter called "The Publisher") to incorporate advertising in accordance with the specifications of the above named publication (hereinafter called "The Publication") subject to the following conditions:
1.The Advertiser agrees and acknowledges that this contract is entered into in the Sate of New South Wales in the Commonwealth of Australia and irrevocably agrees to submit to the jurisdiction of that State.
2.Terms of trade are NETT 14 DAYS from the invoice date.
3.All amounts not paid within the agreed credit period shall bear interest at a rate prescribed by the relevant law from the invoice date until payment plus all costs, charges and expenses which may be incurred by The Publisher in the exercise or attempted exercise of any remedy. All amounts received by The Publisher will be credited first against interest and then against said costs, charges and expenses.
4.The Publication shall consist of on-line directory (soft copy) and printed directory (hard copy) versions. Should a listing be received after the cut off date for the hard copy version in any given year, The Advertiser shall be listed in the following year’s hard copy publication.
5.Cancellations will only be accepted in writing and correctly addressed to The Publisher of The Publication within 7 days of the signed agreement.
6.If cancellation after hard copy complete material deadline occurs then a fee of 75 percent of the advertising rate will be incurred by The Advertiser.
7.The Publisher reserves the right to refuse any advertisement considered unsuitable to the character or format of The Publication.
8.Additional charges may be applied automatically to invoices in respect to artwork, colour separations, typesetting and make-up done by The Publisher, if The Advertiser changes become unreasonable.
9.It is the responsibility of The Advertiser to supply material by the material deadline. If material is not supplied The Advertiser will incur a charge for the space booked.
Warranty and Indemnity
10.The advertiser upon and by lodging with the Publisher for publication or authorising or approving the publication of any material INDEMNIFY The Publisher, its servants and agents against all liability claims or proceedings whatsoever arising from the publication and without limiting the generality of the foregoing to indemnify each of them in relation to defamation, slander of title, breach of copyright, infringement of trade marks or names of publication titles, unfair competition or trade practices, failure to pay royalties or violation of rights or privacy and;
WARRANT that the material complies with all relevant laws and regulations and that nothing therein capable of being misleading or deceptive or otherwise in breach of the Trade Practices Act 1974 or other relevant statutes.
11.To the extent permitted by law, no warranty condition, description or representation by The Publisher is given or limited, or has been given or is to be implied, and any statutory or other warranty, condition, description or representation express or implied is hereby expressly excluded. This provision shall not derogate from, or exclude other warranties or conditions necessarily implied by law.
12.Annual Reference Publications
12.1 The Publisher may place the advertisement under such headings as it considers appropriate and may from time to time make alterations to the classifications. Advertising will be placed as close as possible to the requested position.
12.2 Production and production dates are given as a guide only, and The Advertiser agrees that these may be changed at the discretion of The Publisher.
13.The signatory to this order warrants that he/she acts with the authority of The Advertiser.
14.This contract sets out all the terms of the agreement between the parties. Any promise, condition, representation or warranty which may have been made by The Publishers or by any person on behalf of The Publisher and which is not set out in the contract is negatived and withdrawn.
15.In the event that any one of the conditions of this agreement shall, for any reason, be held to be void, invalid, illegal, in breach of the provisions of any legislation of the Commonwealth of Australia or any State or Territory, or unenforceable in any respect, such voidance, invalidity, illegality or unenforceability shall not affect any of the other provisions of this agreement shall be construed as if such void, invalid, illegal or unenforceable provision had never been contained in the agreement.
16.These conditions shall prevail over any terms or conditions expressed on any order form or other document used by The Advertiser.
17.The Publisher has the right not to proceed with The Publication, without reason. In this case a full refund will be given to The Advertiser if they have pre-paid.
