Advertiser Terms & Conditions
These terms and conditions (the “Terms”) are entered into between Digital Audio Pty Limited (“Digital Audio”) and the Advertiser and/or Agency (“Customer”) for the purpose of advertising services on the Digital Audio network.
These Terms and Conditions, together with the relevant Advertising Insert Order / Media Plan, represent the entire agreement between Digital Audio and the Customer for the duration of the agreement.
- If the Customer is an Agency, then the Agency represents and warrantsthat; Advertiser has authorized the Agency to enter into this Agreementon Advertiser’s behalf and to represent the Advertiser within the scopeof this Agreement, and upon request provide Digital Audio an Agency ofRecord statement, and
- Advertiser agrees to be bound by the terms of this Agreement,including but not limited to paying Digital Audio for advertisementsdelivered pursuant to this Agreement and any corresponding advertisingorders. These Terms shall be deemed incorporated by reference intoany Advertising Order submitted by the Customer.
- Digital Audio will provide an Advertising Insert Order / Media Plan to theCustomer for each advertising campaign for publication subject to theseterms and conditions. Digital Audio is not obliged to supply AdvertisingServices set out in Advertising Insert Order / Media Plan the InsertionOrder until The Custom has signed the Insertion Order.
- Each Advertising Insert Order / Media Plan will be subject to thepayment terms detailed on the Advertising Insert Order / Media Plan.
- Digital Audio requires the Customer to submit a completed CreditApplication Form for approval, prior to commencing the campaign. Incases where the Credit Application is not approved by Digital Audio, apre-payment (determined by Digital Audio Management) will be requiredto be made, prior to the advertising campaign commencing.
- Advertising creative is to be supplied as per the Digital Audiospecifications, which complies with the IAB standard sizes
- Advertising creative must be received by Digital Audio at least 3business days prior to the advertising campaign start date as per theAdvertising Insert Order / Media Plan. If Advertising Creative is receivedwithin 3 business days of the Customer’s Advertising campaign startdate, the campaign start could be delayed.
- Digital Audio do not accept any responsibility for errors in theadvertising material that has been supplied by the Customer.
- Digital Audio requires all Advertising Creatives supplied by theCustomer to be Platform Audited in order to run on Digital Audio. TheAudit costs to Digital Audio for each Advertising Creative is USD$1.00.The Advertising Insert Order / Media Plan indicates the number ofCreative Audits provided during the Campaign start and finish dates.After this allowed number has been exhausted, the Customer will becharged an overage fee of USD$1.00 per creative.
- The Customer warrants that the advertising material supplied complieswith all relevant laws and regulations and the publication of theAdvertising Creative will not give rise to any claims or liabilities againstDigital Audio, our publishers, directors, employees or agents.
- Digital Audio may at its absulute discretion, refuse or withdrawany advertisement from the network without reason. If advertisementsare refused, then no fees associated with the advertisement will becharged. We reserve the right to refuse or withdraw your advertisementfrom publication at any time.
- Cancellation of any Advertising Insert Order / Media Plan by theCustomer which have commenced must be received in writing by DigitalAudio no less than 21 days before the commencement date for a 100%refund. Cancellations after this date will be subject to a minimumcancellation fee of 50% of the total cost of the entire campaign.
- The Customer indemnifies Digital Audio; our directors, employeesand agents against all claims, demands, proceedings and other liabilityarising whully or partially, directly or indirectly, from the publication ofthe advertising material on the Digital Audio.
- Interest at the rate of 5% per month (calculated daily) will beaccrued on all overdue invoices.
- Advertising Insert Order / Media Plan can be signed incounterparts and via electronic methods such as Adobe Sign.
- Digital Audio reserves the right to amend, vary, change, modify,add or remove all or any portion of these Terms in its sule and absulutediscretion at any time and without prior notice. Any changes will operateprospectively.
- These Terms are governed by the law in force in New SouthWales, Australia and the parties submit to the jurisdiction of the courtsof that jurisdiction.
- The failure of Digital Audio to exercise or enforce any right orprovision of these Terms shall not constitute a waiver of any such rightor term.
- If any provision of these Terms are unenforceable or held invalid,the remainder of these Terms shall continue in full force and effect.