Cumberland Courier Newspapers
TERMS AND CONDITIONS

CONDITIONS
 

1. All Cumberland Courier Group print advertisements and truelocal.com.au online listings are accepted subject to the conditions set out in the credit application, the current rate card, the booking docket, the invoice/statements raised from time to time as well as these publisher’s conditions. These documents represent the entire agreement between the parties notwithstanding anything said prior to or at the time of acceptance of advertising.
 

ORDER FOR PUBLICATION
2. Receipt of copy by whatever means shall constitute an order for publication of the print advertisement and/or online listing and acceptance of these conditions.
 

SUITABILITY
3. Cumberland Courier Group and truelocal.com.au reserves the right to reject, refuse or require amendment of any advertisement which it considers unsuitable for publication for any reason at its absolute discretion.
 

LEGALITY
4. The advertiser and its agent each warrant to Cumberland Courier Group and truelocal.com.au that nothing in the print advertising material or online listing, text or artwork infringes any state, federal or local law or regulation or the personal or property rights of any other person.
 

INDEMNITY
5. The advertiser and its agent each agree to indemnify Cumberland Courier Group and/or truelocal.com.au and all associated companies, its employees, agents and subcontractors against all damages, costs, expenses, claims, demands and loss of any kind including legal costs arising out of the publication of any print advertisement or online listing and without limiting the generality of the foregoing, to indemnify each of them in relation to defamation, injurious falsehood, passing off, unfair competition or trade practices, breach of contract, misrepresentation, breach of warranty or authority, slander of title, breach of copyright, infringement of trademark or names or titles, violation of rights of privacy, royalties or any breach of statute, regulation or other law giving rise to criminal or civil liability.
 

RATES
6. Cumberland Courier Group and truelocal.com.au may negotiate rates for classified or display print advertising and online listings, otherwise casual rates will apply. The advertiser agrees to pay the rate prescribed for advertisements in the applicable Cumberland Courier Group or truelocal.com.au rate card current at the date of publication.
 

AGENT’S COMMISSION
7. The advertiser acknowledges that Cumberland Courier Group and/or truelocal.com.au may pay commission on the value of the space reserved to an advertising agent holding current accreditation with News Limited and associated companies, provided that the agent:
(a) supplies complete material in the form of a Press-Ready PDF digital file or files, delivered electronically to Cumberland Courier Group and/or truelocal.com.au in accordance with its specifications and conditions for acceptance of complete advertisements for all advertisements so placed;
(b) pays all charges as per the conditions of the accreditation with News Limited and associated companies.
 

CHARGING
8. All print advertisements will be charged on the size of the material supplied by the advertiser or its agent or the space ordered, whichever is the greater.
 

DEADLINES
9. The advertiser acknowledges that Cumberland Courier Group imposes the following print deadlines:
(a) “The Booking Deadline” by which time advertising space must be booked;
(b) “The Copy Deadline” by which time
copy for typesetting must be submitted;
(c) “The Material Deadline” by which time complete material must be submitted (the “Deadlines”).
Print advertisements will not be published unless:
(i) Space bookings are received no later than the Booking Deadline;
(ii) Copy for typesetting is received no later than the Copy Deadline; and
(iii) Complete material is received no later than the Material Deadline.
The advertiser agrees to pay Cumberland Courier Group the full cost of space booked, including any loading charges, when the print deadlines are not met or when the print advertisements are withdrawn after the Booking Deadline. The advertiser and its agent acknowledge that it is the responsibility of the advertiser or agent to ascertain the print deadlines to apply in respect of each and every advertisement.
Truelocal.com.au imposes the following online listing cancellation deadlines:
The advertiser must give us 14 days notice of cancellations in relations to truelocal.com.au online listings.
 

PROOFS
10. The advertiser and its agent each acknowledge that Cumberland Courier Group imposes an earlier print deadline by which copy for typesetting must be submitted where the advertiser requires a pre-publication proof of the print advertisement (the “Proof Copy Deadline”). Proofs of print advertisements will not be provided when copy is received after the Proof Copy Deadline. If Cumberland Courier Group fails to provide a proof for any reason, even when copy is submitted prior to the Proof Copy Deadline, the advertiser agrees to pay the full cost of the advertisement where it substantially conforms to the copy provided.
 

SPECIFICATIONS
11. Where an advertiser or its agent provides Cumberland Courier Group with complete material (PDF digital file), the material must conform to the specifications imposed by Cumberland Courier Group. The advertiser or its agent each acknowledges that it is its responsibility to ascertain the specifications for complete material, any of which may change from time to time without notice. No claims for errors will be considered where material is supplied to Cumberland Courier Group which does not conform to its specifications.
 

LIABILITY
12. If Cumberland Courier Group and/or truelocal.com.au:
(i) fails to publish a print advertisement or an online listing;
(ii) publishes a print advertisement or an online listing not in accordance with the advertising instructions;
(iii) publishes a print advertisement or an online listing which contains errors or omissions;
(iv) fails to publish an online listing in an agreed position
(v) publishes a print advertisement or an online listing late.
(vi) Distributes the print publication containing the advertisement late, has a distribution shortfall or distributes the print publication outside the area designated by Cumberland Courier Group as the area of distribution of that particular publication (“the Errors”);
The advertiser agrees, even if the Errors result from the negligence of Cumberland Courier Group’s and/or truelocal.com.au employees, agents, or subcontractors Cumberland Courier Group and truelocal.com.au shall not be liable for any formal compensation and shall not under any circumstances extend liability to any consequential losses or damages suffered by the advertiser arising from the Errors.
 

ERRORS
13. The advertiser and its agent each agree it is responsible for notifying Cumberland Courier Group or truelocal.com.au in writing immediately after publication of any error in a print advertisement or online listing which is published and notwithstanding clause 12 of these conditions, Cumberland Courier Group or truelocal.com.au will not be liable to the advertiser at all for any print advertisement or online listing containing errors being republished.
 

INSTRUCTIONS
14. Cumberland Courier Group and truelocal.com.au will not be responsible for any errors or omissions where print advertising or online listing instructions for copy and/or proof corrections are placed by telephone.
 

POSITIONING AND COLOUR
15. The positioning and colour of print advertisements are subject to space and colour availability at the time of printing, and will be at the absolute discretion of Cumberland Courier Group. Without limiting this discretion
(a) Cumberland Courier Group will attempt to position print advertisements or provide colour in accordance with the advertiser’s request if the advertiser has agreed to pay preferred position or colour loading charges;
(b) any liability of Cumberland Courier Group for publishing print advertisements not in accordance with the advertiser’s preferred position or colour request will be limited to crediting the advertiser for the relevant loading charges;
(c) bookings which are in any way conditional will not be accepted.
 

DISPOSAL OF MATERIAL
16. The advertiser and its agent authorises Cumberland Courier Group and truelocal.com.au to dispose of any illustrations, copy, photographs, artwork , Press-Ready PDF digital files, or other advertising material, following publication of the print advertisement/s or online listing. The advertiser and its agent acknowledge that Cumberland Courier Group and truelocal.com.au accepts no liability for the storage or return of any submitted illustrations, copy, photographs, Press-Ready PDF digital files following publication of the print advertisement/s or online listing.
 

EDITORIAL STYLE
17. Cumberland Courier Group will enclose within a border and have the word “ADVERTISEMENT” in 10pt font placed at the head of any space reserved for any print advertisement which Cumberland Courier Group considers has the appearance of editorial matter.
 

COPYRIGHT
18. The advertiser and its agent each acknowledge Cumberland Courier Group and truelocal.com.au retains the copyright in any text, photographs, illustrations or artwork prepared or supplied by Cumberland Courier Group or truelocal.com.au employees and the advertiser agrees not to use such text, photographs, illustrations or artwork for any other purpose other than advertising in Cumberland Courier Group’s publications or truelocal.com.au online listings.
 

ADVERTISER DETAILS
19. The full name, address and contact details of the advertiser must be given to Cumberland Courier Group and/or truelocal.com.au at the time of submitting the print advertisement or online listing.
 

P.O. BOXES
20. No advertisement stating that money be sent to a post office box number will be accepted or published.
 

ELECTIONS AND POLITICAL CONTENT
21. All advertisements submitted to Cumberland Courier Group and/or truelocal.com.au relating to any federal, state or local election must comply with the relevant statutes, laws and regulations, and any special conditions Cumberland Courier Group and truelocal.com.au requires for such advertisements. Advertisements containing material deemed by Cumberland Courier Group and/or truelocal.com.au to be of a political nature must comply with the conditions of the policy of the Cumberland Courier Group and/or truelocal.com.au for such advertisements.
 

CATALOGUES & INSERTS
22. If Cumberland Courier Group fails to insert any catalogue or any material in specified publications or when scheduled or fails to distribute such material or distributes such material late or outside the area designated by Cumberland Courier Group as the area of distribution of the particular publication, the liability of Cumberland Courier Group, its employees, agents or subcontractors shall be limited to the insertion of the catalogue or other material again in a convenient Cumberland Courier Group newspaper and shall not in any circumstances extend to any consequential losses or damages suffered by the advertiser.
 

PAYMENT
23. All accounts shall be charged to the advertiser or its agent and must be paid to Cumberland Courier Group or truelocal.com.au by the due date as per the invoice/statement (“the due date”). The advertiser agrees to pay Cumberland Courier Group or truelocal.com.au interest on all amounts not paid by the due date at the rate of 1% per month.
 

DEFAULT
24. Failure to pay any account by the due date or failure to comply with any of Cumberland Courier’s and/or truelocal.com.au terms and conditions will be regarded as a default. In the event of a default, Cumberland Courier Group and/or truelocal.com.au at its absolute discretion may:
(a) cancel, suspend or refuse to accept any print advertising or online listing from the advertiser including advertisements otherwise accepted for publication;
(b) demand payment for all other advertising charges incurred but not yet due;
(c) decline to make payment of any rebates or commissions otherwise payable by Cumberland Courier Group or truelocal.com.au, and such rebates or commissions shall not be offset against any amount owing to Cumberland Courier Group or to truelocal.com.au.
(d) demote the priority of the advertiser’s paid truelocal.com.au online listing and not reinstate this priority.
 

GOODS & SERVICES TAX (GST)
25. The rates quoted in Cumberland Courier Group’s and truelocal.com.au’s rate cards or in agreements are inclusive of the Goods and Services Tax (“GST”) that arise out of or in connection with the charges or agreement. Any monetary level orders entered into for advertisements which are published after 30 June 2000 will be subject to GST.
The customer agrees to pay any GST liability and an amount thereof shall be added to invoices raised against the customer.
The GST component is included in overall monetary expenditure levels applicable to rate card discount levels.