Rat Race Recruit Online PTY LIMITED
(ACN 126 336 632)
TERMS AND CONDITIONS OF ADVERTISING
These terms and conditions ('Terms') apply to all advertising services provided to any person ('Customer') by Rat Race Recruit Online Pty Limited herein called ‘Rat Race Recruit Online’. These terms are applicable to all Rat Race Recruit Online sites including:
www.ragtradejobs.com (.com.au, .co.uk, .cn, .co.nz, .biz, .com.cn, .info, .net, org)
1. Advertising Publication
1.1 Subject to these Terms, Rat Race Recruit Online will use its reasonable endeavours to publish on-line advertising submitted by Customers ('Advertising') in the precise format submitted by the Customer and in accordance with the online placement instructions of the Customer.
1.2 Rat Race Recruit Online may, in its discretion and without further cost to the Customer, re-publish Advertising in any other website, publication and media which will promote the interests of the Customer.
2. Advertising Right to Refuse or Withdraw
2.1 Neither these Terms nor any written or verbal quotation by Rat Race Recruit Online represent an offer to publish Advertising. A binding contract in relation to a request for Advertising will only be formed between Rat Race Recruit Online and a Customer when Rat Race Recruit Online accepts Advertising in writing online or generates a GST-compliant invoice for that Advertising.
2.2 Even if a contract has been formed in accordance with the above clause, Rat Race Recruit Online reserves the right to refuse or withdraw from publication any Advertising at any time without giving reasons (even if the Advertising has previously been published by Rat Race Recruit Online).
2.3 Rat Race Recruit Online shall have the right not to accept any advertising material for publication in the event that the material is in the absolute discretion of Rat Race Recruit Online against the public interest, offensive or breaches community standards.
3. Rat Race Recruit Online Right to Vary Format and Placement
3.1 Rat Race Recruit Online reserves the right without affecting the content of material provided by the Customer;
- to vary the placement of Advertising within a particular print title or online; and
- to change the format of online Advertising
3.2 Rat Race Recruit Online will endeavour to notify the Customer of any such changes referred to in 3.1. However, except in accordance with clause 11, Rat Race Recruit Online will not be liable for any costs, expenses, losses or damages suffered or incurred by a Customer arising from Rat Race Recruit Online failure to publish Advertising in accordance with a Customer's request.
4. Submission of Advertising
4.1 By submitting Advertising for publication, the Customer warrants to Rat Race Recruit Online that the Advertising does not breach or infringe:
- the Trade Practices Act (Cth), Fair Trading Acts (State) and equivalent legislation;
- State and Commonwealth anti-discrimination legislation;
- any copyright, trade mark or obligation of confidentiality;
- any law of defamation or obscenity;
- any law of contempt of any court, tribunal or royal commission;
- the Privacy Act (Cth); and
- 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).
5. Online Advertising
5.1 For Online Banner and Online Webpage Advertising, the Customer must
- confirm all online Advertising at least 30 days before the Advertising is scheduled to appear, by submitting a signed 'Advertising Confirmation' form to Rat Race Recruit Online; and
- cancel online Advertising in writing at least 30 days before the Advertising is scheduled to appear. Rat Race Recruit Online reserves the right to charge the Customer for online Advertising cancelled on less than 30 days notice.
5.2 For Online Banner and Webpage Advertising, the Customer must submit creative materials and a click-through URL for online Advertising to Rat Race Recruit Online at least 7 working days before the Advertising is scheduled to appear.
5.3 All online Advertising must comply with Rat Race Recruit Online advertising specifications, which are available on request.
5.4 Rat Race Recruit Online will measure online display and banner Advertising (including impressions delivered and clicks achieved) through its own systems.
5.5 Subject to clause 11, Rat Race Recruit Online is not liable for any loss, damages or liabilities arising from a failure of the World Wide Web or any other internet server or provider or any telecommunications structure.
5.6 Customer acknowledges that Rat Race Recruit Online may at its discretion include additional features or inclusions such as third party advertisements within online classified Advertising.
5.7 Rat Race Recruit Online does not guarantee any success in respect to the insertion of the advertisement, the subject to this Contract. Accordingly, unless there be any negligence on the part of Rat Race Recruit Online in the insertion of or be any unreasonable delay in inserting the advertisement caused by Rat Race Recruit Online, Rat Race Recruit Online shall not be required to refund any monies to the customer or have any liability to the customer.
6.1 The Customer must promptly:
- check online proofs of Advertising provided to the Customer by Rat Race Recruit Online; and
- notify Rat Race Recruit Online of any errors in the proofs or any published Advertising (amendments that cannot be made through the ‘amend’ function available on the site).
6.2 Rat Race Recruit Online does not accept any Advertising placed over the telephone or by any medium other than the internet.
6.3 If a Customer wishes to make a claim on Rat Race Recruit Online for credit, re-publication or any other remedy in respect of Advertising, the Customer must send the claim in writing to Rat Race Recruit Online no later than 25 days after the date of the tax invoice or date of publication of the Advertising (whichever is earlier).
6.4 Rat Race Recruit Online will only investigate complaints during normal office hours (9am to 5pm, Monday to Friday excluding public holidays).
7. Advertising Rates and Taxes
7.1 The customer must pay for advertising in accordance with the rates in Rat Race Recruit Online Advertising Costs Schedule (and, unless otherwise agreed, at the casual or basic rate). The rates in the Cost Schedule:
- may be varied at any time by Rat Race Recruit Online without notice; and
- are exclusive of taxes, duties or GST ('Taxes'), unless the Cost Schedule specifies that GST or other Taxes are included.
7.2 The Customer must pay an additional amount equal to any Taxes payable by Rat Race Recruit Online in respect of Advertising. Rat Race Recruit Online will provide Customers with a tax invoice or adjustment note (as applicable) in a compliant form for GST purposes via email as soon as the ad has been confirmed.
7.3 The Customer's eligibility for discounts and rebates will be based on the Customer's GST-exclusive Advertising spend, which will be subsequently adjusted for applicable GST.
8.1 Rat Race Recruit Online may grant, deny or withdraw credit to a Customer at any time in its discretion.
8.2 The Customer must ensure that its Customer account number is available only to those of its employees authorised to use it. The Customer acknowledges that it will be liable for all Advertising requested with the quotation of the Customer's account number.
9.1 The Customer must pay for Advertising:
- For bulk Ads by pre-payment (Credit card), if so required by Rat Race Recruit Online;
- At the placement of the Advertisment via credit card facilities on the internet site;
9.2 The Customer must pay:
- for internet Advertising in accordance with the Cost Schedule;
- Any error or omission in the Advertising (unless the error or omission was the fault of Rat Race Recruit Online).
10. Failure to Pay and other Breach
10.1 If a Customer fails to pay for Advertising in accordance with clause 9 or if a Customer suffers an Insolvency Event as defined in clause 10.2, Rat Race Recruit Online may (in its discretion and without limitation):
- cancel any provision of credit to the Customer;
- require cash pre-payment for further Advertising;
- charge interest on all overdue amounts at the rate 2% above the National Australia Bank Overdraft Base Rate;
- take proceedings against the Customer for any outstanding amounts;
- recover from the Customer all costs relating to any action taken by Rat Race Recruit Online to recover amounts owing for Advertising, including without limitation any mercantile agency costs and legal costs on a full indemnity basis;
- cease publication of any further Advertising on behalf of the Customer and terminate any agreement in relation to Advertising not yet published; and
- exercise any other rights at law.
10.2 A Customer suffers an 'Insolvency Event' if:
- (a) the Customer is a natural person and the Customer commits an act of bankruptcy;
- (b) the Customer is a body corporate and the Customer:
- cannot pay its debts as and when they fall due;
- enters into any arrangement with its creditors other than in the ordinary course of business;
- passes a resolution for administration, wind up or liquidation (other than for the purposes of re-organisation or reconstruction);
- a receiver, manager, liquidator or administrator is appointed to any of its property or assets; or
- any petition is presented for the winding up of the Customer.
10.3 Rat Race Recruit Online reserves the right to withhold any discounts or rebates if the Customer fails to comply with its payment obligations.
10.4 A written statement of debt duly signed by an authorised employee of Rat Race Recruit Online shall be prima facie evidence and proof of the amount owed by the Customer to Rat Race Recruit Online.
11.1 The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of Rat Race Recruit Online in connection with the Advertising or the content of the Advertising.
11.2 Rat Race Recruit Online excludes all implied conditions and warranties from these Terms, except any condition or warranty (such as conditions and warranties implied by the Trade Practices Act and equivalent Australian State acts) which cannot by law be excluded ('Non-excludable Condition').
11.3 Rat Race Recruit Online limits its liability:
- for breach of any Non-Excludable Condition (to the extent that liability for such breach can by law be limited); and
- for any other error or omission in published Advertising caused by Rat Race Recruit Online, to (at Rat Race Recruit Online option) re-supply of the Advertising services affected by the breach, or payment of the cost of re-supply.
11.4 Rat Race Recruit Online excludes all other liability to the Customer for any costs, expenses, losses and damages suffered or incurred by the Customer in connection with these Terms and any Advertising published by Rat Race Recruit Online, whether that liability arises in contract, tort (including by Rat Race Recruit Online negligence) or under statute. Without limitation, Rat Race Recruit Online will in no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
11.5 The Customer indemnifies Rat Race Recruit Online and its officers, employees, contractors and agents (the 'Indemnified') against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Customer's breach of these Terms and any negligent or unlawful act or omission of the Customer in connection with the Advertising.
12.1 Rat Race Recruit Online collects a Customer's personal information to provide the Advertising services to the Customer and for invoicing purposes. Rat Race Recruit Online may disclose this personal information to its related companies, to credit reporting agencies and other third parties as part of provision of the Advertising. Where a Customer has an overdue account, Rat Race Recruit Online may disclose personal information to debt collection agencies to recover the amount due.
www.ragtradejobs.com (.com.au, .co.uk, .cn, .co.nz, .biz, .com.cn, .info, .net, org)
13.1 These Terms represent the entire agreement of the Customer and Rat Race Recruit Online in relation to Advertising and cannot be varied except in writing by an authorised officer of Rat Race Recruit Online. No purchase order or other document issued by the Customer will vary these Terms.
13.2 Rat Race Recruit Online will not be liable for any delay or failure to publish Advertising caused by a factor outside Rat Race Recruit Online reasonable control (including but not limited to any Act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
13.3 These Terms are governed by the laws of the state of:
- New South Wales (NSW), Australia.
Each party submits to the non-exclusive jurisdiction of the courts of the relevant State.
13.4 The Terms of this Contract shall prevail unless inconsistent with the laws of International Counties other than Australia in which case such laws shall prevail.
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