Media Terms and Conditions
1. Your obligations
1.1 You must provide dtb! with all material for your media booking ready for publication and in the format required by dtb! prior to the material deadline.
2.1 You must pay the advertising rate for each media booking to dtb! within seven (7) days of invoice date and prior to the booking deadline.
2.2 You acknowledge that dtb! may, in dtb!’s unlimited discretion, remove your booking from the relevant media if you have not complied with clause 2.1.
2.3 dtb! will not refund any payments made under this agreement unless the services provided by dtb! are shown not to be fit for their intended purpose or as otherwise required by law.
2.4 You may not resell, trade, exchange, barter or broker to any third party any advertising space, which is the subject of this agreement.
3.1 dtb! agrees to publish your media booking nominated in your media booking form, subject to:
(a) satisfaction of clause 2 above; and
(b) your order being placed prior to the advertised deadline.
3.2 You acknowledge that the positioning of your advertising material will be as determined by the publisher in its absolute discretion.
4.1 You warrant that:
(a) all information contained in your media material is correct and accurate;
(b) the pictures or photographs contained in your media material are true images of the goods or services offered for sale or the place the image is intended to portray;
(c) all information and pictures contained in your media material are not likely to mislead or deceive the public;
(d) the publication of the media material will not infringe any third party’s rights;
(e) you are entering into this agreement in your own capacity other than where the party is a business entity and you are a director, company secretary or authorised representative of the business entity and not as an agent;
(f) you have the power and have taken all corporate and other action required to enter into this agreement and to authorise the execution and delivery of this agreement and the performance of its obligations;
(g) this agreement constitutes a valid and legally binding obligation of it in accordance with its terms; and
(h) the execution, delivery and performance of this agreement does not violate any existing law or any document or agreement to which it is a party or which is binding on it or any of its assets.
5.1 The parties exclude, to the maximum extent allowed by law, all terms and warranties expressed or implied by any legislation, the common law, equity, trade, custom or usage or otherwise in connection with dtb!’s obligations under this agreement.
5.2 If any legislation implies in this agreement any term or warranty and also prohibits provisions in a contract excluding or modifying the application of or liability under that term or warranty:
(a) that term or warranty is included in this agreement to the minimum extent required; and
(b) to the maximum extent permitted by law, the liability of dtb! for a breach of that term or warranty is limited to the cost of resupplying the service.
5.3 dtb! will not be liable for:
(a) Indirect, special, incidental, or consequential loss or damage which may arise in respect of this agreement; or
(b) Loss of profit, business, revenue, goodwill or anticipated savings.
5.4 You agree to indemnify dtb! from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to this agreement.