Contents
Terms of Service
These terms apply to all advertising provided to any person (‘Client’) by Security and Electronic Networks Magazine (‘SEN’).
A. Editorial Content
SEN is an independent magazine that provides editorial content. Where editorial is written in relation to any person, entity or product, SEN has absolute discretion as to what editorial is published. SEN may seek input on matters including technical accuracy but the editorial content of any publication is a matter entirely within the discretion of SEN. Publication of Advertising
1. Publication of Advertising
1.1 Subject to these Terms, SEN will use its reasonable endeavours to publish advertising (‘Advertising’) in the format and in the position agreed with the Client. ‘Advertising’ includes images submitted for publication and content or information relating to published Advertisements.
1.2 Client grants SEN a worldwide, royalty-free, non-exclusive, irrevocable licence to publish, and to sub-licence the publication of, the Advertising in any form or medium, including print, online or other. Client warrants that it is authorised to grant SEN this licence.
2. Right to Refuse Advertising
2.1 Neither these Terms nor any written or verbal quotation by SEN represents an agreement to publish Advertising. An agreement will only be formed between SEN and Client when SEN accepts the Advertising in writing or generates a tax invoice for that Advertising.
2.2 SEN has the absolute right to refuse to publish or withdraw from publication any Advertising at any time without giving reasons (even if the Advertising has previously been published by SEN).
3. Right to vary Format, Placement or Distribution
3.1 SEN will use reasonable efforts to publish Advertising in the format and in the position requested by the Client. However, SEN has the absolute right to vary the placement of Advertising within a title or website or to change the format of Advertising (including changing colour).
3.2 Except in accordance with clause 12, SEN will not be liable for any loss or damage incurred by a Client arising from SEN’s failure to publish Advertising in accordance with a Client’s request.
3.3 If SEN changes the press configuration for a publication, SEN reserves the right to shrink or enlarge the Advertising by up to 10% without notice to Client or any change to rates.
4. Submission of Advertising
4.1 Client warrants to SEN that the publication of the Advertising does not breach or infringe: (a) the Competition and Consumer Act (Cth) or equivalent State legislation; (b) any copyright, trade mark, obligation of confidentiality or other personal or proprietary right; c) any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).
4.2 Client warrants that if Advertising contains the name or photographic or pictorial representation of any living person and/or any copy by which any living person can be identified, the Client has obtained the authority of that person to make use of his/her name or representation or the copy.
4.3 Advertising containing contact details for the Client must contain the full name and street address of the Client. Post office box and email addresses alone are insufficient.
4.4 If a Client submits Advertising that looks, in SEN’s opinion, like editorial material, SEN may publish the Advertising under the heading ‘Advertising’ with a border distinguishing it from editorial.
4.5 SEN will not be responsible for any loss or damage to any Advertising material left in its control.
4.6 Advertising submitted electronically must comply with SEN’s specifications. SEN may reject the Advertising material if it is not submitted in accordance with such specifications.
4.7 If Client is a corporation and the Advertising contains the price for consumer goods or services, Client warrants that the Advertising complies with the component pricing provisions of the Competition and Consumer Act (Cth) and contains, as a single price, the minimum total price to the extent quantifiable at time of the Advertising.
5. Online Advertising
5.1 For online banner and display Advertising, Client must submit creative materials and a clickthrough URL to SEN at least 3 working days (5 working days for non-gif material) or within such other deadline advised by SEN at its discretion before publication date.
SEN may charge Client for online Advertising cancelled on less than 30 days notice or if creative materials are not submitted in accordance with this clause 6.1. If a Client has advertising in the SEN weekly e-newsletter or in the SEN website then if a change in Advertisement is not submitted to SEN in accordance with these timelines SEN has the right to continue to publish the existing Advertisement of the Client at the agreed price.
5.2 All online advertising must comply with SEN’s advertising specifications. SEN reserves the right to reject any advertising which in its absolute discretion does not fit the image SEN is promoting. This includes, without limitation, advertising which, in the opinion of SEN is distracting or contains flashing or moving graphics, or explicit pricing statements. Footer advertisements will have an opt-out button allowing a reader to close the advert after opening a page, and all graphics must have a minimum five-second interval between changes.
5.3 SEN will measure online display and banner Advertising (including impressions delivered and clicks achieved) through its ad-serving systems. Results from Client or third-party ad servers will not be accepted for the purposes of SEN’s billing and assessment of Advertising.
5.4 SEN is not liable for any loss or damage arising from an internet or telecommunications failure.
6. Errors
6.1 Client must promptly check proofs of Advertising (if provided to the Client by SEN) and notify SEN of any errors in the proofs or in published Advertising.
6.2 SEN does not accept responsibility for any errors submitted by the Client or its agent, including errors in Advertising placed over the telephone.
6.3 Client must send any claim for credit or republication in writing to SEN no later than 7 days after the date of publication of the Advertising.
7. Advertising Rates and GST
7.1 The Client must pay for Advertising, unless otherwise agreed, at the rate agreed in the booking form accepted by SEN. Client must pay GST at the time it pays for Advertising. SEN will provide a tax invoice or adjustment note (as applicable).
7.2 Eligibility for discounts or rebates will be based on the Client’s GST-exclusive advertising spend.
8. Credit and Client Accounts
8.1 SEN may grant, deny or withdraw credit to a Client at any time in its discretion.
9. Payment
9.1 The Client must pre-pay for Advertising if required by SEN. If Advertising is on account, payment must be within 21 days of the date of the invoice. SEN may in its discretion require the Client to supply a valid credit card to be used for payment of any invoice issued by SEN.
9.2 If the Client fails to provide the copy for a booking by the publication deadline, which is the 20th day of the month preceding the booked advertising, the Client will be charged unless a cancellation is approved by SEN.
9.3 Client must pay the full price for Advertising even if SEN varied the format or placement of the Advertising or if there is an error in the Advertising. The client must pay its electronic transmission costs.
10. Cancellation
10.1 Any cancellation of any booked Advertising must be notified in writing to SEN at least 28 days before the due date for publication of that Advertising. Failure to so notify will mean that a cancellation fee will be charged. The fee will be the advertising rate that would have otherwise applied to the Advertising for that month.
10.2 If the Client has entered into a contract with SEN for the provision of Advertising over a period of more than one month and has as a result been provided with a discount for that adverting by SEN and the Client cancels advertising under that contract before the period of the contract has ended, then SEN will be entitled to recover from the Client the amount of the discount for all advertising provided under the contract until the time of termination and the Client will pay the total of that discounted amount within 14 days of demand being made by SEN.
A demand issued by SEN for recovery of such a discount will be conclusive evidence of the amount of the discount provided, which the Client is required to repay.
11. Failure to Pay and Other Breach
11.1 If a Client breaches these terms or fails to pay within the trading terms, SEN may (in its discretion and without limitation):
(a) cancel any provision of credit to 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 SEN’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.
11.2 A written statement of debt signed by an authorised employee of SEN is conclusive evidence of the amount owed by the Client to SEN.
12. Liability
12.1 The Client acknowledges that it has not relied on any advice given or representation made by or on behalf of SEN in connection with the Advertising.
12.2 SEN excludes all implied conditions and warranties from these terms, except any condition or warranty (such as conditions and warranties implied by the Competition and Consumer Act and equivalent State acts) which cannot by law be excluded (‘Non-excludable Condition’).
12.3 SEN limits its liability for breach of any Non-Excludable Condition (to the extent such liability can be limited) and for any other error in published Advertising caused by SEN to the re-supply of the Advertising or payment of the cost of resupply (at SEN’s option).
12.4 Subject to clauses 12.2 and 12.3, SEN excludes all other liability to the Client for any costs, expenses, losses, and damages incurred in relation to Advertising published by SEN, whether that liability arises in contract, tort (including by SEN’s negligence) or under statute. Without limitation, SEN will in no circumstances be liable for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.
12.5 The Client indemnifies SEN 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 Client’s breach of these Terms and any negligent or unlawful act or omission of the Client in connection with the Advertising.
13. Privacy
13.1 SEN collects a Client’s personal information to provide the Advertising to the Client and for invoicing purposes. SEN 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.
14. Confidentiality
14.1 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; 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.
15. General
15.1 These Terms, with any other written agreement, represent the entire agreement of the Client and SEN for Advertising. They can only be varied in writing by an authorised officer of SEN. No purchase order or other document issued by the Client will vary these Terms.
15.2 SEN will not be liable for any delay or failure to publish Advertising caused by a factor outside SEN’s reasonable control (including but not limited to force majeure, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
15.3 SEN may serve notice on the Client by email, post, or fax to the last known address of the Client.
15.4 These Terms are governed by the laws of New South Wales, and each party submits to the non-exclusive jurisdiction of the courts of that State.
16. Supplemental Terms for product reviews or case studies
16.1 By specific written agreement between SEN and Client, SEN may supply one or more reviews of a product or equipment as identified by the Client (“Product Review”) or conduct a case study or provide a site application article (“Case Study”).
16.2 For any Product Review or Case Study, SEN has absolute discretion as to the content.
16.3 The pricing for any Product Review or Case Study will be agreed in each instance between Client and SEN. Any person advertising in the magazine, the e-newsletter or on the SEN website may enter into discussions with SEN for the purposes or reaching agreement on the preparation and publication by SEN of a Product Review(s) or Case Study(ies).
16.4 Any Product Review or Case Study prepared by SEN is owned absolutely by SEN and SEN asserts all rights over the Product Review or Case Study. By specific agreement with Client, SEN may licence Client to use the Product Review or Case Study for Client’s purposes. The Product Review or Case Study will be supplied to the Client in a file format or such other format as SEN in its absolute discretion determines.
17. Impression Delivery Clause
Upon completion of 150% impression delivery for all sponsorships, adverts or high-impact units, the publisher reserves the right to reduce or cease impression delivery for the remaining term of the sponsorship.
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