Terms + Conditions

Flynnko Pty Ltd Trading as District Gazette ABN: 65 601 734 472

Our Advertising Terms and Conditions set out our standard terms and conditions for advertising products and services we supply to advertisers in our publication.

For Business Advertisers, Personal / Private Advertisers + Content Providers

Every advertiser and advertising agency (“you”) who submits an order for advertising with the District Gazette, agrees to these terms and conditions. Your order and these Terms and Conditions form the basis of a contract between you and the District Gazette for the provision of the advertising ordered by you.

By submitting advertising material to the District Gazette or authorising or approving the publication of advertising material by the District Gazette on your behalf, you warrant that the advertising material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against the District Gazette, our partners, our directors, employees or agents. Without limiting the above, you warrant that the advertising material submitted, authorised or approved by you does not breach or infringe the Trade Practices Act, the Fair Trading Acts of relevant States of Australia or equivalent or other sale of goods legislation; any copyright, trade mark, obligation of confidentiality or other personal or proprietary rights; any law of defamation, obscenity or contempt of any court, tribunal or royal commission; State or Commonwealth anti-discrimination legislation; the Privacy Act; or any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory).

By submitting advertising material to the District Gazette or authorising or approving the publication of advertising material by the District Gazette on your behalf, you warrant that advertising material submitted complies with any standard, guideline or requirement specified by The District Gazette and notified to the client from time-to-time. Does not infringe copyright, trademark, obligations of confidentiality or other legal rights of any person. Is not false or misleading and is true in substance and in fact.

By submitting, authorising or approving advertising material for publication by the District Gazette, you indemnify the District Gazette and our partners, our directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from the publication of the advertising material. Without limiting the generality of the above, you indemnify the District Gazette and our partners, our directors, employees and agents against any costs, expenses, losses, damages, liability and claims suffered or incurred and arising from your breach of these Terms and Conditions and any negligent or unlawful act or omission by you in connection with the advertising.

We exclude all implied conditions and warranties from these Terms and Conditions, except any condition or warranty (such as those implied by the Trade Practices Act) that cannot be excluded (“non-excluded conditions”). We limit our liability for: breach of any non-excluded condition (to the extent that liability for such breach can be limited); and any other error or omission in publishing caused by us; to (at our option) re-supply of the advertising services affected by our breach or payment of the cost of re-supply. Subject to the above, we exclude all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with these Terms and Conditions and any advertisement published by us, whether that liability arises in contract, tort (including by our negligence) or under statute. Without limitation, we will not, in any circumstance, be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.

The District Gazette may, without prior consultation or notice to you, amend your advertisement in any way whatsoever, if the District Gazette believes that the publication of your advertisement would be offensive, in breach of any law, in breach of any pre-existing agreement we have with a third party or in breach of a third party’s rights. If we amend your advertisement, this will not reduce the price agreed for publication of the advertisement.

We may change these Terms and Conditions at any time without notice to you. Those changes will apply to the provision of advertising services after the date the change becomes effective. You and we will be bound by the Terms and Conditions that are current as at the date of your order.

These Terms and Conditions represent the entire agreement between you and us in relation to the advertising services and cannot be varied except by agreement in writing signed by one of our authorised officers. No purchase order or document issued by you will vary these Terms and Conditions. We will not be liable for any delay or failure to publish your advertisement that is caused by a factor outside of our reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint). Publication dates may vary due to local, state or National public holidays. We may serve a notice or any court document on you by forwarding them by prepaid post or facsimile to your last known address.

Quotations

Any written or verbal quotation provided by The District Gazette, whether in the form of this media kit or otherwise, is an invitation and does not constitute a contractual offer. All such quotations lapse 7 days after issue, but The District Gazette may vary or withdraw any such quotation at any time.

Booking + Cancellations

  1. The client may, at any time, make a booking. A booking confirmation will be issued with respect to the booking.

  2. The client may cancel all or part of a booking if written notice is given to The District Gazette before the publication print date. Where a booking is cancelled mid-term, all/any package discounts will be recovered and offset by any payments paid in advance, becoming due and payable at the time of cancellation.

  3. If client cancels all or part of a booking after the print date, The District Gazette is entitled to payment in full for the booking.

  4. An administration fee of $100 will apply to all cancellations.

If The District Gazette fails to issue a booking confirmation but provides the services requested in that booking, these terms bind the client as if a booking advice had been issued.

Advert Design and Content

Advertisers are responsible for supplying the advert in the correct format by the advertised deadline. Adverts that require corrections or alterations will be made at our discretion to ensure our standards and print deadlines are met. The advertiser will pay the cost of such corrections or alterations unless otherwise agreed in advance.

If advert content is not supplied by our deadline we reserve the right to publish the most recent advert used, allocate the booked advertising space to another advertiser or with content of our choice. The advertiser will still be billed for the booked advertising space. If advert content is received by us after the relevant deadline and causes your campaign to be delayed, the publication of the advertisement will be considered to have commenced on the commencement date specified in the order. It is your responsibility to arrange and manage third party suppliers and provide such third party with the creative and lead time requirements. We will not compensate you where campaigns are affected or delayed in any way by third party supplier problems.

Any artwork images or text supplied and/or designed by the District Gazette on behalf of the client will remain the property of the District Gazette and/or its supplier. They will not be made available for use in other publications or advertising mediums without the District Gazette’s written permission.

Creative Services

Where The District Gazette provides creative services to the client, the client acknowledges that:

  1. The District Gazette does so as agent for the client and that client is solely responsible for the advertising material which is the subject or product of such creative services, including their compliance with applicable laws, regulations and codes of conduct, and

  2. Any text, images and logos that the client wants to include in an advertisement being created by The District Gazette must be provided to The District Gazette at the client’s cost within the timeframes notified by The District Gazette to the client.

Artwork Designed by District Gazette:

  1. Design briefs must be emailed to design@districtgazette.com.au by the 15th of the month.

  2. By supplying text, images and other data for inclusion in a client’s advertisement, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.

  3. The District Gazette is not responsible for poor quality images or incorrect spelling supplied by the client.

  4. Design will commence once payment and design brief have been received.

  5. The client will receive a proof within 24-48hrs unless notified otherwise. The client must review the details carefully and advise by return email of your approval and/or alterations.

  6. Two alterations are included at no further charge. Additional alterations are billed at $50 per hour.

  7. The client must carefully check the supplied artwork (spelling, phone numbers, logos, etc) and notify the designer if there are any errors.

  8. Once the proof is approved by the customer, The District Gazette is not liable for errors discovered after printing.

  9. The District Gazette offers an affordable, no frills design service. Alternatively, we recommend using our creative design partner. Ask us for details. Additional fees apply.

Submitting Your Own Print-Ready Artwork:

  1. Artwork must be sent to design@districtgazette.com.au by the 15th of the month.

  2. Artwork submitted for print must be print ready with no adjustments required. If artwork requires modification, artwork fees will apply.

  3. It is the responsibility of the client to submit high quality, print ready artwork. The District Gazette will publish artwork that is supplied by the client. The client is liable for the quality of the artwork submitted. The District Gazette remains exempt from any liability or responsibility for poor quality results relating to the artwork supplied.

  4. By supplying artwork, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.

Payment

You must pay the District Gazette for the advertising services in accordance with the terms of your order. The District Gazette will invoice you monthly in advance. All rates and charges quoted are, unless expressly stated otherwise, inclusive of GST.

Failure to pay by the agreed date may result in late fees being added to your account and/or proceedings being taken against you to recover any overdue amount including costs in relation to any action taken against you by the District Gazette. Advertising rates are subject to change. Price Lock Guarantee is honoured for bookings that are paid ahead for a set period, when rates are increased. The rate increase will come into effect at the expiry of the pre-booked and paid term.

Personal Guarantee + Authorisation

Upon completing any or a combination of the following actions you accept you personally are both responsible and authorised to sign the contract, ensure the bill is paid and / or submit content on behalf of the business or organisation you represent:

  • Signing and executing the District Gazette advertising contract (by either hard or electronic copy)

  • Making payment to the District Gazette

  • Submitting material or instructions for adverts to the District Gazette

If the business you own or represent closes or is sold, the signatory of the contract remains responsible for payment of any amounts owing as per the contract. The contract can be transferred to the purchaser if both the purchaser and the District Gazette approve the transfer. If you fail to pay for the advertising services in accordance with your order and these Terms and Conditions, or if you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over any of your assets or if you resolve to wind up your company, then we may, at our absolute discretion, cancel any current advertising campaign and terminate any agreement for advertising that is yet to be published and take proceedings against you to recover any overdue amount including costs in relation to any action taken against you by the District Gazette.

Conditions Relating to Services

  1. The District Gazette may refuse to accept any advertising material, or cancel or reschedule any booking, or refuse to provide any services in its absolute discretion.

  2. A booking must not be resold or sub-licensed by the client, or used other than for advertising material referred to in the applicable booking advice.

  3. The District Gazette makes no warranties in relation to proximity of advertising material in a publication relative to advertising material relating to competing products or services.

  4. The client consents to The District Gazette possibly reformatting any advertising material for inclusion in a digital or other derivative version of a publication and warrants that doing so will not infringe any person’s rights.

Warranties

The client warrants to The District Gazette that advertising material lodged with The District Gazette (whether or not The District Gazette provided creative services in relation to that advertising material):

  1. Complies with all laws, statutes, regulations, codes of practice and any standards applicable to publication of the advertising material and determined by any relevant regulatory agency or industry self-regulatory body

  2. Complies with any standard, guideline or requirement specified by The District Gazette and notified to the client from time-to-time

  3. Does not infringe copyright, trademark, obligations of confidentiality or other legal rights of any person

  4. Is not false or misleading and is true in substance and in fact

  5. Does not contain anything which may give rise to any cause of action by a third party against The District Gazette, including without limitation material which is defamatory or obscene or which otherwise causes injury or damage to any person.

Distribution

The District Gazette publications are distributed by independent contractors who are not directly supervised by the District Gazette. As distribution is of KEY important to US and YOU, delivery audits take place on a regular basis to monitor delivery rates.

The District Gazette has very strict policies, procedures and expectations with respect to the on-time and reliable delivery of all publications. The District Gazette does not accept responsibility for any delays or incorrect or failed deliveries.

The Customer acknowledges and agrees that:

The publications may be distributed together with other advertising materials.

The District Gazette does not guarantee full distribution of all publications to all households within the agreed distribution areas, and accepts no liability for any failure to deliver to all households within agreed distribution areas, due to ‘isolated’ means or matters outside the control of The District Gazette. Factors outside the control of The District Gazette may include health and safety issues, hazardous conditions, adverse weather conditions, accessibility of letterboxes, signs on letterboxes and the independent nature of The District Gazette distribution contractors may also adversely affect distribution; despite every effort to avoid all/any of those outlined.

The District Gazette’s dwelling counts by suburb or distribution area are estimates only, may not be accurate, and may change from time to time due to the nature of ongoing growth in/around each community and it’s surrounds.

While The District Gazette suggests that distribution will take place the FIRST WEEK of every month (excluding January of any year), The District Gazette does not guarantee when delivery and distribution shall take place. The specific days and times of the provision of services during the period allocated for the Services shall be at the absolute discretion of The District Gazette.

General

Any failure by the District Gazette to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.

This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.