THURSDAY ADVERTISER PTY LTD (ACN 117831044 - ABN 40239354308)

AGREEMENT & TERMS AND CONDITIONS

1.
The advertiser ('advertiser' herein indicating the; 'client', 'customer', 'user' or 'you'), acknowledges to having read, understood and agreed to all terms and conditions herein.

2.
Thursday Advertiser Pty Ltd (herein referred to as TA, 'us', 'our' or 'we') is the owner and operator of ThursdayAd (Magazine/s).
Advertisers in our magazine/s and on our website/s agree to be bound by our terms and conditions, which are subject to change at the discretion of TA. The use of and access to our magazine/s and website/s indicate your acceptance of these terms and conditions (and any changes to them).

3.
The advertiser acknowledges and agrees to provide a written request or order to TA accompanied by the text and/or a copy of the advertisement it requires TA to publish. Provision to TA may be by mail, facsimile, TA website form/s or email. The request or order by any of the afore mentioned media shall be deemed as evidence of the clients' acceptance of our terms and conditions and intention to advertise in the relevant TA magazine, and/or website.
Classified Adverts run for 2 weeks, Price your item fairly as the price submitted can not be reduced or increased after the submission for that 2 week period.

4.
The advertiser acknowledges and agrees TA will not be bound to commence work on the request or order until it receives a written request or order as detailed in clause 3.

5.
The advertiser acknowledges and agrees that upon receipt of the request or order, (as detailed in clause 3) TA shall provide the client in reasonable time with a copy of the advertisement that will appear in the next available edition or any other edition as specified by the client. TA shall also provide the client with a valid tax invoice for payment.

6.
The advertiser acknowledges and agrees upon receipt of the documentation at clause 3 the advertiser shall provide written approval (Provision to TA will be by mail, facsimile, TA website form/s or email) to TA that it is in agreement to the advertisement content, and provide payment to TA of its tax invoice. Payment in cash is not accepted.

7.
The advertiser acknowledges and agrees upon an acceptable conclusion to clauses 1 to 6, to pay the tax invoice/s in full by the quoted date. TA shall then publish the advertisement in the next available edition.

8.
The advertiser acknowledges and agrees in the event that a request or order as per clause 3 is cancelled TA shall have the right to charge the client as if the work was performed. There shall be no refund provided of any payment already receipted by TA or receipted by other parties acting on our behalf.

9.
TA shall never be held responsible for the content of any advertisement whatsoever. The advertiser agrees that they are totally responsible for any advertisement content. The advertiser agrees to have the full consent of any persons depicted in any photographs before the time of request, order or submission of advertisement/s.

10.
The advertiser agrees that TA shall have the right to deny an advertisement where TA deems that the advertisement contains profanities, content of a racial or religious overtone; libellous, slanderous or defamatory content; false or misleading claims; infringements of trade, copyright, title, slogan, trade indicia or other proprietary rights; piracy, counterfeiting, plagiarism or unfair competition; text that breaches the privacy of others; and text considered as an infringement of moral rights. TA further reserves the right to reject advertisements regarding fire arms, gaming machines, adult related material, personal advertisements and any other advertisement content that we may deem as offensive by us or others.

11.
In the event that TA denies publication of an advertisement as a result of clause 10 then TA shall have the right to charge the advertiser for work performed to the time of the denial.

12.
The advertiser shall totally indemnify and hold TA harmless from and against any claims, demands, regulatory proceedings, damages, fines, court or other orders (including without limitation settlement costs and/or legal costs and/or any other relevant expenses). The advertiser accepts total responsibility for all and any payments under this clause and the content of their advertisements.

13.
The advertiser acknowledges and agrees that design, artwork, advertisements; all works: created by TA remain the property of TA and may not be reproduced by any means without the written consent of TA. The advertiser agrees that any works created for them by another entity must not resemble or be similar to the works created by TA. The advertiser however, has the option to purchase ownership of any works created by TA, with written consent and at a fee set by TA. If any works are purchased for ownership or licencing purposes, the advertiser agrees that TA reserves the right to use such works for promotional purposes.

14.
Any advertisement regarding motor vehicles or parts must include the relevant registration number, or if unregistered, the motor vehicle's VIN and/or engine number.

15.
Any advertisement selling Cats or Dogs, must include the full microchip number in the advert.

16.
TA reserves the right to change or defer publication dates of its publications or the advertisers advertisement.

17.
TA does not guarantee the position, size or colour reproduction of any advertisement in its publications. TA is not liable for any printing errors or omissions.

18.
TA shall have the ability to vary its rates from time to time.

19.
If any clause of this agreement is found to be invalid or of no force then the balance of the agreement shall still retain its full force and effect.

20.
The advertiser agrees that transmission of this agreement or other documentation by mail, facsimile, TA website form/s or email shall be considered legally binding on it in the same manner as if the document were provided in hard copy.

21.
Any person that agrees to this agreement personally guarantees payment to TA jointly and severally with the advertiser.

22.
A fee of $25.00 may be charged to the advertiser for any payment dishonoured in any fashion.

23.
In the event that an advertisers’ account is overdue TA shall have the right to charge an administration fee monthly on the sum overdue. That fee shall equate to a calculation of interest under the Penalty Interest Rates Act 1983, or $10.00, whichever is the greater.

24.
In the event that an advertisers’ account is overdue TA shall have the right to charge the client and recoup from the client all and any collection agency or solicitors fees that it incurs or is likely to incur in the process of the recovery of the sum outstanding by the advertiser.

25.
All accounts queries must be submitted by email to: accounts@thursdayad.com.au. We do not enter into verbal accounts discussions via telephone.

26.
TA will record, store and archive all computer IP addresses used at the time of advertisement submission, request or order.

27.
Currency of transaction is Australian Dollars only (AUD).

28.
Jurisdiction for this agreement shall always be in the state of Victoria, Australia.

Updated JANUARY 2012