Terms and Conditions
These are the terms and conditions upon which we accept material for publication. Any other conditions proposed shall be void unless accepted by us in writing.
In these terms and conditions:
- “Publication(s)” means any of the print publications, web sites, web portals, newsletters and bulletins owned or controlled by us;
- “We”, “us” and “our” means Australian Doctor Group (ADG) Pty Limited ABN 94 615 959 914; and
- “You” means the advertiser.
KEY POINTS IN THIS DOCUMENT
- Material & creative requirements – Advertisers warrant legality and ownership of content, must meet material deadlines and provide 14 days’ notice for creative changes.
- Solus eDM restrictions – Send dates cannot be changed within six weeks of the material deadline, and standard rescheduling does not apply.
- Cover Wrap restrictions – Send dates cannot be changed within eight weeks of the material deadline, and standard rescheduling does not apply. Twelve weeks’ notice is required for cover wrap cancellations.
- Cancellations & fees – Except for cover wrap cancellations (as noted above), six weeks’ written notice prior to the material deadline is required. Our inventory is limited and typically booked well in advance. As such, cancellations within six weeks of the material deadline will incur 100% of booked fees, reflecting the loss of opportunity to resell reserved placements.
- Time limit – Unless otherwise agreed in writing, all advertising bookings must be used in the calendar year in which they are scheduled on the sale date.
- Payment & liability – 30-day payment terms apply. We may remove advertising for non-payment.
PROVIDING ADG ANY AND ALL REQUIRED MATERIALS
- When you give us material for inclusion in any of our Publications, you warrant that:
- You own that material or have the right to use and publish that material;
- The material does not breach any law or the rights of any other person;
- You have the right to represent the individual, entity, product or service mentioned in the material; and
- You are bound by our terms and conditions and will pay our rate applicable to your material.
- Unless we inform you otherwise, you may give us only one piece of creative per unit type per month. If you wish to change the creative for any advertisement, we will use your new creative 14 days after you give it to us. If you give us a rich media advertisement, we require up to five additional working days to test it before it will appear in our Publications.
- We will tell you the due date for provision of all materials. These due dates are included in the booking order form (above). If you do not supply us with the materials by the due date, we may insert previous material or charge you for the space that has been booked. If the materials you supply do not comply with our requirements and specifications so as to allow its inclusion in our Publications, we may rectify or adapt the materials to enable the material to be in a form for inclusion. Where we do this, you must pay us for all the work we have done at trade house rates plus 25%. Specifications are included in the addendum of this document.
- Except as otherwise provided by law, we will not at any time or under any circumstances be liable for any loss or damage to your materials.
RESCHEDULING
- Subject to availability, bookings may be rescheduled to a later date if communicated in writing prior to material deadline or one month prior to the commencement of work. This excludes solus eDMs and cover wraps (see below). Please consult your sales executive or client success manager for details.
- Solus eDMs – once booked, the send date for a solus eDM cannot be changed within six weeks of the material deadline.
- Cover Wraps – once booked, the send date for a cover wrap cannot be changed within eight weeks of the material deadline.
Booking Period and Use of Media
- Unless otherwise agreed in writing, all advertising bookings are valid only for the calendar year in which they are scheduled on sale date.
- As unused bookings directly impact our ability to sell placements in the course of a year, booked media that is not utilised within that calendar year will be forfeited and cannot be carried forward, refunded, or credited to future campaigns.
CANCELLATIONS
- Single advert cancellations:
- Cancellations can be made if notice is given in writing at least six weeks prior to material deadline
- The above is inclusive of Print media (excluding Cover Wraps – see below) / Digital display media / Client branded content / Sponsored content / Solus eDMs / Self Directed learning modules
- Cancellations of Cover Wraps can be made if notice is given in writing at least twelve weeks prior to material deadline
- After work has already been published or activity is due to commence, cancellations will not be accepted if it is anticipated to cause disruption to our business (or impacts other businesses).
- Campaign or multiple advertisement cancellations. If you wish to stop publication of material after you have instructed us to proceed, you must request our consent in writing. If we do consent, you must pay us:
- Any expenses we have incurred relating to the acceptance or preparation of your material for publication; and
- If the total cost of your campaign is based on a predetermined volume/number of insertions, and you cancel any issues during the course of your campaign, your per issue rate will revert back to the casual rate per issue as determined by the current rate card/official media kit. In the case that more than 50% of a campaign has been completed we will consider a pro-rata agreement.
OUR PRICING AND PAYMENT
- Rate Card:
- Our prices are listed in our Rate Card and unless otherwise stated are exclusive of GST (where applicable). The Rate Card and these terms and conditions are subject to change at any time by us and without notice to you. Nevertheless a change in the Rate Card will not affect pre-agreed bookings.
- Unless otherwise agreed at the time we accept your material, accredited advertising agencies that are approved by us will receive a standard 10% agency discount off the Rate Card prices. No discount will be given in respect of material that is for the direct benefit of the agency.
- Currency:
- All amounts shown on our tax invoices are in Australian Dollars unless specified otherwise.
- You must pay us in Australian Dollars.
- We will send you a tax invoice and unless otherwise agreed, you must pay us for publication of the material or any other work that we are providing to you, within the time stipulated on our tax invoice. Unless stated otherwise, payment terms are.
- If you do not pay us the full amount within the time stipulated in the tax invoice, we may remove your material from our Publications and stop any other work that we may be doing for you.
- You agree that we may recover the outstanding amount specified in the invoice together with interest, our legal costs, bank fees and charges, any other expenses incurred in attempting to recover the debt and any fees and commissions or other amounts we pay to any collection agency to act on our behalf.
PUBLISHING ADVERTISEMENTS
- We may, in our sole discretion:
- Refuse to publish any advertisement you give us; and
- Remove any existing advertisement from any Publication without notice,
- In the event that the material provided is deemed to be offensive or has the potential to negatively affect the Australian Doctor brand.
- Unless otherwise agreed in writing, we will not provide a copy of the Publications in which you are advertising.
- In the event that publishing dates vary from the original dates outlined in the booking order form, all reasonable endeavours will be undertaken to achieve the agreed revised publishing dates. Notwithstanding the foregoing, we cannot guarantee and do not represent that all revised publishing dates will necessarily be met.
ADVERTISEMENT SERVING AND REDIRECTS
- We serve your online advertisements in our Publications in-house. At your request, we can provide you with statistical reports about the performance of your online advertising campaign. If you would like to track the performance of your campaign by using your own advertisement server, we will accept your redirect code.
- By giving us your redirect code, you agree to give us access to reports generated by your advertising server for your campaign in our Publications. If there is a discrepancy between the reports from our advertising server and those from your advertising server, you agree to rely on the information provided by our advertising server.
COMMERCIAL CONTENT
- Commercial Content: Australian Doctor Group (ADG) retains the right to make minor editorial changes, such as spacing and layout, should this be required to facilitate transmission.
Use and Protection of HCP Personal Data
- Certain Australian Doctor Group services involve the collection and sharing of personal information relating to healthcare professionals, including contact details and professional information, where a healthcare professional has requested or consented to such information being shared.
- Where personal data is provided to you, you agree to:
- Use the data only for the specific purpose for which it was provided, as requested by the healthcare professional, unless otherwise expressly stated at the point of collection;
- Store and manage the data securely and in accordance with applicable privacy and data protection laws, including but not limited to restrictions on cross-border transfers;
- Not disclose, sell, transfer, or permit access to the data to any third party without the prior consent of the healthcare professional; and
- Take reasonable steps to prevent unauthorised access, misuse, loss, or disclosure of the data.
- You acknowledge that Australian Doctor Group is not responsible for your handling or use of personal data once it has been provided to you in accordance with these terms.
LIABILITY
- Printers error, casual displacement, omission, inability or failure to publish an advertisement in our Publications does not constitute a breach of this contract.
- Every care will be taken to ensure prompt insertion of the material but we will not be liable for any loss occasioned by the failure of the material to appear in any specified date or issue of our Publications.
- Subject to prevailing consumer protection laws, if we are unable to publish the material for any reason, we will only be liable to you for a maximum refund of the amount you paid us for the publication of the material subject to a pro rata reduction to take into account the period of advertisement downtime experienced.
- To the extent legally permissible, all implied and express warranties in legislation (including federal and state trade practices and sale of goods legislation) that may give you greater rights than are expressed in this clause are excluded.
- You will indemnify us against all suits, claims and demands made against us and loss or damage suffered by us arising from our publication of your material due to:
- A breach of your warranty in clause 1;
- Any allegation that we have breached any intellectual property rights of any third party; and
- Any other civil or criminal liability we may be exposed to which is attributable to the publication of your material.
CREDIT CHECKS
- For the purpose of obtaining or providing a credit check/reference, you authorise us to make enquiries and to use, exchange and disclose to any credit provider or credit reporting agency, any or all information we know or obtain concerning your credit-worthiness.
GOVERNING LAW
- The law in force in New South Wales, Australia governs these terms and conditions.
IMPORTANT PRIVACY NOTICE
- We collect the information on this form for the purposes of processing your order, making credit enquiries, keeping you informed about marketing offers, product updates or assisting in improving our service to you. We may disclose the information (excluding your credit worthiness and e-mail address) to third-party businesses for these purposes.
- It may also be used by our business to prepare lists of customers which it then rents to third parties to provide direct marketing offers which we think may be of interest to you. The provision of this information is voluntary but if you do not provide the information requested we may not be properly able to process your order. You have both a right of access to the information we hold about you and a right to ask us to correct it if you think it is inaccurate or out of date.
- To review our privacy policy, click here.