Cancellation Terms
Digital
30 days written cancellation is required. Media will be cancelled with the applicable agencies and you will be charged 100% of the media cost
Press
Ad material must be supplied as per the specifications of the media provider and that supplied by NPA Projects
Ad material and approval must be supplied prior to the material deadline specified by NPA Projects. Failure to do so will warrant the client being responsible for the full cost of the advertising media as per the terms and conditions of advertiser.
Ad material acceptance is subject to the sole discretion of the publisher. NPA Projects is not liable should the publisher refuse to publish the material.
Video Production
Payment of 50% of the quoted price is payable on acceptance of the quotation.
All rights will reside with the producer and NPA Projects until the invoice is paid in full.
Cancellation of a confirmed shoot within 72 hours of the shoot date will incur zero charge; within 48 hours 50%; within 24 hours 100%.
For external shoots, weather allowances will be included in the quotation.
Changes/Amendments to the Media Plan
The Media Plan issued by NPA Projects to the Client is considered a contractual arrangement with online advertising booked 3 months in advance, with the exception of offline media which requires 30 days’ notice of cancellation.
Once the Media Plan has been approved by the Client, the Client is required to sign off on the Media Plan making the media contained therein enforceable for the duration of the dates contained in the Media Plan.
If the Client requires any changes to be made to the Media Plan, any payments for advertising received by NPA Projects will be issued back to the Client as a credit. This credit can be used towards future invoices for advertising. The cancellation rules stated above also apply to changes.
General Terms and Conditions
1. Errors
1.1 The Client must promptly check proofs of advertising (if provided to the Client by NPA Projects) and notify NPA Projects of any errors in the proofs or in published advertising. 1.2 NPA Projects does not accept responsibility for any errors submitted by the Client or its agent, including errors in advertising placed over the telephone. 1.3 Client must send any claim for credit or republication in writing to NPA Projects no later than 7 days after the date of publication of the advertising.
2. Advertising Rates and GST
2.1 The Client must pay for advertising, unless otherwise agreed, as per the rates on the Media Plan. Client must pay GST at the time it pays for advertising.
NPA Projects will provide a tax invoice or adjustment note (as applicable).
3. Payment
3.1 The Client must pre-pay for all advertising. Payment and cleared funds must be received by NPA Projects no later than 7 days after the invoice was issued, or within 5 days of the date the campaign is due to go live. Without cleared funds, no media can be booked which will result in the Client’s campaign being delayed.
3.2 If the Client fails to provide the copy for a booking by the publication deadline, the Client will be charged unless a cancellation is approved by NPA Projects. If NPA Projects accepts advertising after the deadline, it will be deemed out of specification.
The Client has no claim against NPA Projects for credit, republication or other remedy for out of specification advertising.
3.3 The Client must pay the full price for advertising even if NPA Projects varied the format or placement of the advertising or if there is an error in the advertising unless the error was NPA Projects’ fault. The client must pay its electronic transmission costs.
4. Failure to Pay and Other Breach
4.1 If the Client breaches these terms, fails to pay for advertising or suffers an Insolvency Event (defined in Clause 4.2), NPA may (at its discretion and without limitation):
(a) cancel any provision of credit to the Client;
(b) require cash pre-payment for further advertising;
(c) charge interest on all overdue amounts at the rate 2% above the NAB Overdraft Base Rate;
(d) take proceedings against the Client for any outstanding amounts;
(e) recover NPA Projects’s costs including mercantile agency and legal costs on a full indemnity basis;
(f) cease publication of further advertising or terminate an agreement for advertising not published;
(g) exercise any other rights at law.
4.2 A Client suffers an ‘Insolvency Event’ if:
(a) Client is a natural person and commits an act of bankruptcy; or
(b) Client is a body corporate and cannot pay its debts as and when they fall due or enters an arrangement with its creditors other than in the ordinary course of business or passes a resolution for administration, winding up or liquidation (other than for the purposes of reorganisation or reconstruction); or has a receiver, manager, liquidator or administrator appointed to any of its property or assets or has a petition presented for its winding up.
4.3 A written statement of debt signed by an authorised employee of NPA Projects is evidence of the amount owed by the Client and NPA Projects.
5. Liability
5.1 Except in the case of death or personal injury caused by NPA’s negligence, the liability of NPA under or in connection with this agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise must not exceed the fees paid by you to NPA under this agreement.
5.2 Neither party is liable to the other party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.
6. Privacy
6.1 NPA Projects collects a Client’s personal information to provide the advertising to the Client and for invoicing purposes. NPA Projects may disclose this personal information to its related bodies corporate, to credit reporting agencies and other third parties as part of provision of the advertising and for overdue accounts, to debt collection agencies to recover amounts owing.
6.2 NPA Projects provides some published advertising to third party service providers. Where such advertising contains personal information, Client consents to the disclosure of their personal information in the advertising to third parties and to the personal information being republished by a third party.
7. Confidentiality
7.1 Each party will treat as confidential, and will procure that its advertising agents, other agents, and contractors (‘Agents’) treat as confidential and will not disclose unless disclosure is required by law:
(a) the terms of this Agreement (including terms relating to volumes and pricing);
(b) information generated for the performance of this Agreement, including all data relating to advertising schedules, budgets, forecasts, booked advertising, prices or volumes;
(c) any other information that ought in good faith to be treated as confidential given the circumstances of disclosure or the nature of the information;
(d) any information derived wholly or partly for any information referred to in (a) to
(c) above;
Each party agrees to take all reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of the confidential information by or on behalf of itself or any third party.
8. General
8.1 These Terms, with any other written agreement, represent the entire agreement of the Client and NPA Projects for the advertising contained within the Media Plan. They can only be varied in writing by an authorised officer of NPA Projects. No document issued by the Client will vary these Terms.
8.2 NPA Projects will not be liable for any delay or failure for advertising caused by a factor outside NPA Projects’ reasonable control (including but not limited to any act of God, war,
breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
8.3 NPA Projects may serve notice on the Client by post or email to the last known address of the Client.
8.4 These Terms are governed by the laws of the State of QLD in which the billing company for the advertising is located and each party submits to the non-exclusive jurisdiction of that State. In the event of a conflict of laws between Australian states then the Federal laws of the Competition and Consumer Act 2010 (Cth) will prevail.
