Terms and Conditions of advertising on The Hutchins School Community Business Directory
1. Basis of Agreement
1.1 In these terms: Advertising Sales Brochure means the current advertising sales brochure prepared by us setting out the options for advertising on the Directory, available online at The Hutchins School website; Directory means The Hutchins School Community Business Directory; GST refers to goods and services tax under the GST Act; GST Act means A New Tax System (Goods and Services) Act 1999 and its regulations; and You or your means the advertiser described in the registration form.
1.2 These terms and conditions will apply to you every time you request to advertise in the Directory. The Hutchins School (we, our or us) may vary or replace these terms at any time by giving you written notice of the variation or replacement terms.
1.3 You are taken to accept these terms each time you request to advertise, renew your advertisement or pay an annual advertising fee.
1.4 We have absolute discretion to refuse or reject any advertisement for any reason.
1.5 We agree, subject to clause 2.5, to satisfy the level of service as required in the Advertising Sales Brochure for the level of advertising selected by you.
2.1 Prices quoted in the Advertising Sales Brochure are exclusive of GST and are valid as at the time provided.
2.2 If you request any variation to the service offered, we may increase the price payable.
2.3 You agree to pay to us, within 14 days of our invoice, the annual advertising fee set out in the Advertising Sales Brochure for the level of advertising selected by you.
2.4 Advertisements will not be posted until full payment has been received.
2.5 Annual advertising fees are non-refundable where an advertisement is removed at any time and for any reason.
3.1 All amounts to be paid by you to us, being the consideration for the supply, are exclusive of GST.
3.2 You agree to pay to us, at the same time as any payment is made, the additional amount of GST, together with the payment to which it relates.
3.3 We agree to deliver to you a tax invoice as required by the GST Act.
4. Advertising Material
4.1 All advertisements must be correct, accurate and appropriate for the intended audience.
4.2 You must take full responsibility for your own content, website and any goods and services you provide.
4.3 Logo files should be an outlined vector (EPS) file, or otherwise 1200 pixel minimum uncompressed JPG or PNG.
5.1 We may remove an advertisement from the Directory without notice at any time and for any reason.
5.2 You may at any time, in writing, request for your advertisement to be removed from the Directory.
5.3 We will use our best endeavors to remove your advertisement from the Directory within 30 days of receiving your request.
6.1 You warrant to us that your advertising:
(a) is true and accurate in all respects;
(b) does not infringe any rights of any person, including intellectual property rights;
(c) is not obscene, indecent or defamatory; and
(d) does not contravene any federal, state or territory act, regulation or other law.
6.2 You indemnify us against any loss, damage, demand, cost (including legal cost), expense or other liability arising from or attributable to your advertisement or any other breach by you of these terms.
6.3 To the extent permitted by law, all conditions and warranties implied by law or otherwise not expressly set out in these terms and conditions are excluded.
7. Limitation of Liability
7.1 To the extent permitted by law, under these terms and otherwise in connection with your advertisement, we exclude liability for all indirect, consequential or special losses or damages including loss of profits howsoever arising.
7.2 We will not be liable to you or any other person for any loss of whatever kind suffered as a result of an advertisement, or the removal of an advertisement.
7.3 If a condition or warranty implied by law is prohibited from being excluded, that condition or warranty applies. To the extent permitted by law, our liability for any breach of an implied term is limited to the resupply of the services.
8.1 These terms are governed by the laws of Tasmania, Australia.
8.2 These terms constitute the entire agreement between us and you relating to the matters dealt with in these terms and supersedes all previous arrangements, understandings or representations relating to these matters.
8.3 Nothing in this agreement appoints you as our agent or representative and no actions you take bind us.