TERMS AND CONDITIONS
This document outlines the Terms and Conditions of access to and use of GO Local Media Group’s Services.
GENERAL CONDITIONS AND DISCLAIMER
PROFESSIONAL SERVICES – GO Local Media Group
1. GO Local Media Group’s Services
You (the Client) hereby agree and accept these Terms and Conditions by accessing the services and/or doing business with GO Local Media Group, which includes, without limitation, advertising, sales, marketing, editorial, stories and/or creative pieces.
Further, you agree the Terms and Conditions govern each contract made between you and GO Local Media Group, including, without limitation, individuals, representatives, agents, companies and/or entities, for the supply of goods and/or services.
The Terms and Conditions prevail over any written Terms and Conditions of you, the Client; and, any proposed variation of the Terms must be agreed in writing by a Director of GO Local Media Group.
GO Local Media Group reserves the right to revise, amend, update the Terms and Conditions at any time, effective from the date of provision of the Terms and Conditions. The Terms and Conditions are also available on request to GO Local Media Group in writing, of the new and amended provisions. Your continued business with us is taken as your acceptance of our Terms and Conditions.
2. Deposits, Payment and Credit Terms
All orders placed with Go Local Media Group, by non-credit account Clients, are to be either pre-paid in full on collection; according to the payment terms of the service ordered.
GO Local Media Group hereby reserves the right to charge a percentage deposit as applied to any job value and prior to the job commencement. Go Local Media Group requires a cleared deposit of 50% of the total quoted price of any job over $500.00, including GST.
Work will not commence until this deposit is received by GO Local Media Group. The remaining 50% is to be paid on the due date, publishing date; or, as agreed with GO Local Media Group.
If final payment is not made within 60 days of GO Local Media Group requesting payment, the 50% deposit will be deemed forfeited.
Methods of payment GO Local Media Group accept are Cash, Eftpos, Mastercard, Visa and Direct Deposit.
At GO Local Media Group’s discretion, credit is available for the purchase of advertising, sales, marketing and/or editorial content. Credit can only be extended upon application by an approved account customer; and, these are accepted by GO
Local Media Group on payment terms, (as stated in your account approval), being strictly adhered to.
Credit terms will be reviewed from time to time and cancelled if this period is extended, or if accounts remain in arrears, or fall below an average monthly spend of $250.00 per month, including GST, over a 12-month period.
GST, at a current rate of 10%, is included in the net price, except in the case of quotations and services listed where “Tax is not included”; and, must be added where applicable at current rates.
For exemption of GST, the correct exemption certificate should be provided with your order. Where an exemption of conditional rate certificate has been lodged, GO Local Media Group reserves the right to charge any GST payable on an invoice, such as where the Commissioner of Taxation disputes the validity of the certificate and/or to the extent permitted at law.
Prices listed by GO Local Media Group in its’ Media Kit and/or as advertised, including on its’ Site, are applicable as current prices and will supersede all earlier offers.
GO Local Media Group hereby reserves the right to charge prices to accord with industry, product and/or supplier rates without notice to you.
5. Copyright, Intellectual Property and/or Trademark
By accessing GO Local Media Group’s services, including, without limitation, sales, marketing, advertising, editorial and/or creative writing, you, as the Client, declare your right to re-produce all material supplied to GO Local Media Group.
You, the Client, hereby assume absolute liability and indemnify GO Local Media Group for any resulting violation of copyright, trademark and/or intellectual property, in any action brought by a third party, including any regulator and/or, without limitation, costs associated with an enquiry and/or inquiry, including reasonable legal costs.
GO Local Media Group will claim no copyright in the material, such as logos and images, submitted to GO Local Media Group by the Client for the services provided by GO Local Media Group on behalf of the Client.
The Client agrees and acknowledges that they will keep confidential and not use any ideas communicated by GO Local Media Group and/or its’ employees or representatives, including contractors, to the Client concerning GO Local Media Group’s services without GO Local Media Group’s written consent.
In terms of GO Local Media Group’s Magazines, including, without limitation, GO Local Lifestyle Magazine, NOW Magazine, GO Murray United Travel Guide and its’ Online Platforms and Site, unless specifically stated in those Magazines, online platforms and on the Site (text, graphics, icons, logos and software), is owned and/or licensed by Us. To the extent permitted at law and except as permitted by these Terms and Conditions, you may not:
(a) Store, distribute, display, adapt, re-produce, publish, print or create works from the Magazines, Online Platforms and Site and utilising the Content;
(b) Use the Content in the Magazines, Online Platforms and Site in trade or commerce for products and/or services.
To the extent permitted at law, where the symbol TM or © appears, this is a copyright and/or trademark to which we reserve proprietary rights.
Permission to use our Trademark, together with a reference to our business services, is at the discretion of a Director of GO Local Media Group. In its discretion and in granting you permission to attribute that Trademark to us, we may ask that you include a statement attributing that Trademark to us.
Such permission is not granted in the following circumstances for use of any of our Trademarks:
(a) In a manner that is disparaging, designed to be such, is reasonably held to be disparaging to our business and/or service, including our Magazines, Online Platforms and Site;
(b) About services, products and/or business activities which are not part of our Business;
(c) In a way that is misleading, deceptive and/or confusing;
(d) In whole or part, together with your own business and/or trademark.
6. Disclaimer, Limitation of Liability and Indemnity
Every care is taken by GO Local Media Group to safeguard images, digital media and material left with us for processing, information for editorials and/or creative articles, for return to the Client.
However, in the event of any loss and/or damage to film, digital media and material, regardless of the reason and/or cause alleged, (including negligence of GO Local Media Group and/or its’ employees, agents, contractors, sub-contractors and/or representatives), whilst the material, media or film, is in the care, custody and control of GO Local Media Group), such a claim must be made within 10 business days of receipt of the services and/or goods by the Client.
Consideration of such an alleged loss and/or damages claim is at the discretion of GO Local Media Group; however, GO Local Media Group’s liability shall not exceed:
(a) The replacement value of the digital media or film;
(b) GO Local Media Group’s fee for providing the applicable service.
To the extent permitted at law in the State of New South Wales concerning consumer entitlements, warranties and/or remedies, there is no warranty in respect of:
(a) Any colour variation in graphics and/or images. Whilst GO Local Media Group uses its’ best endeavours with graphics and/or images, variations in colour and/or graphics may still occur at the time of publishing, which accords with industry standard and is an acceptable practice. This is further outlined at clause 12 of these Terms and Conditions;
(b) All special instructions by the Client to GO Local Media Group will not be binding on GO Local Media Group unless they are confirmed in writing in a clear and precise manner.
(c) GO Local Media Group has no liability whatsoever for any instructions which are either:
a. Not in writing;
b. In writing, but ambiguously expressed.
The Client acknowledges the Limitation of Liability and Terms and Conditions are:
(a) Known to and accepted by the Client at the time of entering the services contract with GO Local Media Group, which occurs when an order is placed at GO Local Media Group.
(b) Reasonable in the circumstances.
The Client acknowledges that this provision, together with the Terms and Conditions, may be pleaded as a bar to any subsequent action taken by the Client.
You agree, at your own expenses, to indemnify, defend and hold harmless GO Local Media Group and its’ employees, representatives, contractors, sub-contractors and agents, against any claim, suit, action, or other proceeding, to the extent based on these Terms and Conditions, use of the Site, Online Platforms and Services; and, as permitted at law. Such indemnification includes, but is not limited to:
(a) Violation of these Terms and Conditions, including use of the Magazines, Sites, Online Services and Online Platforms, by you or someone else using your computer, including unauthorised use of and without limitation, including your password and IP address;
(b) Your right to re-produce all material supplied to GO Local Media Group;
(c) A claim that infringes any Intellectual Property, Copyright and/or Trademark concerning material supplied by you to GO Local Media Group; and/or, you accessing, using the Site, Online Platforms, or someone else using your computer, any third party, including without limitation, right of personality or publicity, libel, slander, defamation, advertising liability, or otherwise said to result in injury and/or damage, including loss of profits and consequential loss, to any third party.
(d) Any misrepresentation and/or breach of contract or warranty.
You agree to pay for costs, damages, expenses (including reasonable legal fees and outlays); and, costs awarded against and/or incurred by, in connection with, or arising from any such claim, allegation, suit, enquiry, inquiry, action and/or proceeding.
7. Representations and Warranties
The Client is entitled to replacement of images, film, digital media, photographic material and editorial information, to the extent permitted at law and per applicable warranties. GO Local Media Group does not accept liability for such warranties.
All care will be taken by GO Local Media Group, its’ employees, contractors, sub- contractors, representatives and agents; however, all property supplied to GO Local Media Group, by or on behalf of a Client, shall be at the Client’s sole risk whilst in the custody or possession of GO Local Media Group, its’ employees, contractors, sub- contractors, representatives or agents, or whilst in transit.
In using the Site and its’ Online Platform and Services, you warrant that you have the ability and authority to enter into this agreement; can form a legally binding contract and per applicable law, you shall not use any rights in these Terms and Conditions for any unlawful purpose; and, shall use the Site and the Services of GO Local Media Group, as set forth in these Terms and Conditions.
8. Defects and/or Refunds
The Client shall inspect an example of the advertising, sales, marketing, editorial and/or creative story content (“Goods”) prior to publishing; and, shall within 48 hours notify GO Local Media Group of any alleged concerns, defect, shortage in quantity or failure to comply, with the described service quoted or stated by GO Local Media Group.
The Client shall afford GO Local Media Group the opportunity to, where applicable, inspect and respond to the concerns within 24 hours, or a reasonable time following notification to GO Local Media Group, if the Client believes the published result is defective in any way.
If the Client shall fail to comply with these provisions, the Goods shall be conclusively presumed to be in accordance with the Terms and Conditions and free from any defect, fault and/or damage.
For alleged defective, faulty and/or incorrect published material (“Goods”), which GO Local Media Group has agreed in writing that the Client is entitled to reject, GO Local Media Group’s liability is limited to either, (and, at GO Local Media Group’s discretion):
(a) Replacing the Goods, printing an amended and/or corrected version, if possible and pending publishing timeframes; or, providing a further opportunity for advertising, sales, marketing, editorial or creative story, if:
a. The Client has complied with the Terms and Conditions;
b. Where applicable, the Goods are returned at the Client’s cost within
five business days after notification to GO Local Media Group;
c. The Goods have been used in an appropriate and proper manner;
d. Where applicable, such as in the case of digital media and/or graphics, the Goods are returned in the same condition as prior to or when published, as is reasonably possible in the circumstances;
e. GO Local Media Group may (at its discretion) accept published Goods for credit; yet, this may incur a handling fee of 10% of the value of the returned Goods, plus any applicable freight;
f. Where applicable, GO Local Media Group will honour any supplier warranty that may apply to any Goods supplied to the Client.
9. Service Times
Listed on GO Local Media Group’s Site is our hours of operation.
Please do not budget too tightly and allow sufficient time for completion of requested marketing, advertising, editorial and/or creative stories, as listed service times may vary depending on the work demands at the time of publishing.
GO Local Media Group will use its best endeavours to ensure that requests at the time of publishing are within service times allocated; however, GO Local Media Group will not accept any liability for damages, or allow cancellation, either entirely, or in part, in the event of an alleged failure.
All service times are based on receipt of confirmation of orders to GO Local Media Group, which are clearly and correctly presented with all required material for publishing, including content, editorial information, media, graphics, digital media and images.
Services times for publishing are taken at the date of the service request and once all required material and instructions are received by GO Local Media Group. Work requested in less than this timeframe and per service times, is at GO Local Media Group’s discretion and dependent on capacity and existing workloads. A surcharge may be applied and is determined by arrangement with GO Local Media Group.
10. Freight Deliveries
Go Local Media Group’s magazines are available in hard copy magazine format and in digital subscription.
For delivery of magazines in hard copy format, the prices charged by GO Local Media Group for services ordered are inclusive of delivery and freight costs.
It is the Client’s responsibility to ensure against any loss and/or damage to goods in transit to or from GO Local Media Group.
Pick-up and delivery is available in metropolitan areas designated by GO Local
Media Group by arrangement and return freight delivery will be by GO Local Media Group’s chosen carriers, or as per the Client’s instructions (and, at GO Local Media Group’s discretion).
Couriers, postage and/or freight will be charged to the Client at the current commercial rates and inclusive in delivery and/or freight costs.
Clients wishing to arrange to insure parcels in transit should advise GO Local Media Group accordingly and allow at least 5 business days prior to expected transit times. The arrangements for insurance are to be made by the Client and notified to GO Local Media Group and prior to transit. GO Local Media Group will endeavour to assist Client/s with these arrangements; however, GO Local Media Group takes no responsibility for the Client’s own arrangements for insurance.
11. Hours of Operation
GO Local Media Group’s hours of operation are flexible and accord with workflow demands. Our business hours are Monday to Friday, 9am to 5pm. Weekends and out of hours meetings and publishing is by special arrangement only.
12. Colour and Image Quality
GO Local Media Group uses its best endeavours to ensure images, including without limitation, digital images, graphics, marketing and/or sales advertising content, logos, editorial and/or creative images and data, is best representative; however, GO Local Media Group, cannot guarantee exact colour matching in the graphics, digital, image, electronic media and/or reproductive process for publishing, as compared with the original, through production and publishing processes.
Where no specific instructions are given, colour, graphic, image, digital content and material, is done to industry media and publishing standards, per the service requested at the time of publishing and/or printing.
However, as production of colour and density is very much a matter of personal perception and/or preference, we welcome reference prints, digital images and/or logos, including a written brief with instructions, to assist us in achieving your re- production preference.
Where written Client instructions and/or approved reference prints are not provided and/or inspected prior to publishing and printing, claims cannot be accepted by GO Local Media Group.
13. Published print, content, advertising and/or image sizes
All images, content, print and advertising are, depending on how they are supplied by the Client to GO Local Media Group, borderless; and, print sizes published in our media kit and pricelist are approximate, as they are listed in applicable measurements and sizes, which are rounded when converting.
Some digital files, images, graphics, media content, logos, do not have the same proportions as print sizes at the time of publishing and printing. Where no specific instructions are provided by the Client to GO Local Media Group, cropping will be at GO Local Media Group’s discretion.
When designing your images, logos, graphics, advertising, sales, marketing and/or media content, due to production tolerances in printing and cutting equipment, a safety margin should be considered, so you do not lose important image elements, when accounting for priced sizes and measurements.
For any product, print, image or substrate (used in printing to which an image adheres in the printing process), within 3.2mm of the published size, industry printing tolerances is considered acceptable practice; and, will not be re-published due to these issues.
Tolerance factors should always be considered by the Client when submitting images, including graphics and digital content for publishing, particularly, where this requires either internal, or external cropping or finishing services at the time of publishing and/or printing.
If the image sizes are required to be left untrimmed with bleed, border and/or, without limitation, crop marks included, to comply with finishing services and size specifications, then you may be requested to provide images in a different template or format, to comply with digital, graphics, publishing and/or printing format, together with clear instructions with your image prior to publishing and/or printing; or, where requested by GO Local Media Group.
GO Local Media Group requires industry standard images, logos, graphics, photographs and digital content and/or media to be supplied in high resolution format, no less than 300 dpi (dots per inch, or PPI, pixels per inch), enabling a high dimension re-production in graphics for publishing and at the time of printing.
If you are unable to supply graphics and/or images in this format, you hereby agree that appropriate images can be selected, altered and/or enhanced, to match the editorial and/or creative story content that meets publishing, printing and/or graphics requirements, as GO Local Media Group, will publish quality media and digital content. Therefore, images supplied at the time of publishing and/or printing, must meet the minimum industry standards for publishing and printing.
If, despite reasonable endeavours, we are not able to contact you to obtain your instructions at the time of publishing and/or printing, trimming and/or altering images, graphics, digital and/or, without limitation, media content, will be to the exact sizes charged, per the Media Kit and GO Local Media Group’s price list; and, at GO Local Media Group’s discretion at the time of publishing.
Images and/or digital graphics that are supplied to GO Local Media Group that do not include a specific request, such as, without limitation, for trimming or cropping, will not be re-published due to the lack of specific instructions being provided by the Client to GO Local Media Group in respect to the image, or, without limitation, digital media.
Images or digital content that requires finishing services beyond industry standard (greater than 3.2mm of alteration of the substrate size), will not be included at the time of publishing.
Further and in the alternative, if, despite reasonable efforts by GO Local Media Group to contact you prior to publishing, and/or in circumstances where the image/s supplied by you to GO Local Media Group are not acceptable for digital, graphics and/or publishing, you hereby consent to GO Local Media Group using either:
a) stock images to match the content for publishing;
b) you agree to pay any associated cost/s of stock images selected to meet
digital, graphics and/or publishing requirements;
c) digital and/or graphics to enhance digital images supplied by you to GO Local Media Group to meet graphics, digital and/or publishing requirements, with the additional cost/s to be borne by you, the Client.
For the avoidance of any doubt, GO Local Media Group, in its’ discretion, hereby reserves its’ rights to perform digital and/or graphics services to enhance an image/s supplied by you to GO Local Media Group to meet publishing requirements; and/or, if this is not possible, purchase suitable stock images to match the media content. The costs of such additional services, if required, are at the Client’s own cost.
The Client acknowledges that this provision, together with the Terms and Conditions, may be pleaded in support of any demand made by GO Local Media Group concerning such enhancement of image services; and, as a bar to any subsequent action taken by the Client.
Prices changed by GO Local Media Group are effective at the date of submission of media, images and/or content, at the time of publishing and per the current Media kit and/or pricelist of GO Local Media Group.
Prices exclude any previous quotation unless confirmed in writing by GO Local Media Group.
Go Local Media Group has the capacity to offer special quotations on large, unusual and/or repeat orders for sales, marketing, editorial and/or publishing services; and, an individualised written quote to cater for these arrangements can be supplied. Reference to this written quote will need to be made at the time of order for sales, marketing, editorial and/or publishing services with GO Local Media Group. If the Client’s order differs from the specification in the quote provided, then GO Local Media Group reserves the right to vary the quote, in consultation with the Client.
15. Discounts and Credits
Repeat orders, discounts and credits against various services in the Media Kit and/or price list will apply to quantities of that service ordered, are to be requested and confirmed in writing; and, will be at the discretion of GO Local Media Group in consultation with the Client.
Such percentage discounts, where applicable, from the Media Kit and/or price list, apply upon application in writing by GO Local Media Group Clients, who meet the conditions to which discounts are extended, are based on average spends and annual turnover of work, meeting these Terms and Conditions of business; and, otherwise at the express discretion of GO Local Media Group.
In circumstances where such percentage discounts have been agreed between the Client and GO Local Media Group, such agreement can be discontinued at no notice; and, where the Terms and Conditions have not been met.
16. Uncollected Goods, Images and/or Storage
GO Local Media Group will not accept any responsibility for storage of any material, film, digital media, electronic data, or other media, when the order for publishing and/or printing, has been completed for the Client. This includes:
(a) Any goods of the Client which have not been collected for 3 months after the completion of publishing and/or printing by GO Local Media Group.
(b) GO Local Media Group reserves its’ rights to dispose of and/or destroy goods, including, without limitation, information, documents, content, digital images, data, graphics and/or logos;
(c) GO Local Media Group will not accept any liability whatsoever for any loss and/or damage sustained by a Client due to this action;
(d) Whilst GO Local Media Group takes all reasonable efforts to contact a Client regarding uncollected goods, GO Local Media Group is under no obligation to inform the Client prior to or after the disposal of goods, in accordance with these Terms and Conditions;
(e) It is the Client’s responsibility and not, GO Local Media Group, to ensure that up to date contact details are provided and maintained with GO Local Media Group;
(f) GO Local Media Group cannot be held responsible for storage and/or the condition of goods, once care, custody and control of the goods passes to the Client.
(g) Whilst GO Local Media Group will use its best endeavours for packaging of goods for transit to the Client and at the Client’s request for delivery and/or transit services, GO Local Media Group cannot be held responsible for the actions of the transit and/or delivery service provider, their representatives, employees, contractors, sub-contractors and agents, once the goods have left the care, custody and control of GO Local Media Group.
17. Sending material electronically
We can send and receive and without limitation, documents, emails, images and graphics electronically.
Accordingly, where a transmission may not be secure, it may be copied, recorded, read or interfered with by third parties whilst in transit.
If you ask for us to transmit any document, image and without limitation, graphics, electronically, and/or correspond with us electronically, you release us from any claim you may have because of any unauthorised copying, recording, reading or interference with that document; or, for any delay or non-delivery of any document or image, or the like, together with any damages to your systems or files.
18. Applicable Law
These Terms and Conditions are governed by the laws in force in the State of New South Wales, Australia.
You hereby agree to submit to the exclusive jurisdiction of the applicable Courts of New South Wales, Australia, as the relevant jurisdiction if a dispute arises as to these Terms and Conditions.
19. Disputes and Resolution
In the event of any dispute as to these Terms and Conditions, a claim, or disagreement, GO Local Media Group encourages the following approach with a Client to attempt to reconcile a dispute, prior to any claim or dispute being made, or litigation commenced:
(a) The Parties have made reasonable and genuine efforts to resolve their differences through the following dispute resolution process:
a. Good faith negotiations are attempted to resolve the differences, including the Parties make reasonable efforts to explain the dispute and provide documents in support to be exchanged between the Parties;
b. In the event good faith negotiations do not resolve the Parties differences, the Parties agree to use informal dispute resolution techniques, such as expert appraisal, conferences via telephone, or video, or in person.
c. If agreement is still not reached to the mutual satisfaction of both Parties within ten (10) business days, or further period that may be agreed between the parties in writing, then the disputed matter be referred to mediation, to be conducted in accordance with the Australian Commercial Dispute Centre (ACDC) Mediation Guidelines and be administered by ACDC, or a mutually agreed and suitably qualified mediator.
d. If the dispute has not settled within 28 days after the above steps and the appointment of a mediator, then, the Parties may choose to take whatever action is necessary to enforce either Parties rights.
(b) This provision does not disturb either Parties rights to pursue interlocutory relief in a court of competent jurisdiction.
(c) Each Party agrees to pay its own costs associated with dispute resolution techniques and shares equally in the costs of a suitably qualified mediator and/or expert decision maker.
(d) Go Local Media Group endeavours to understand and resolve disputes in a timely manner. Go Local Media Group has a Complaints and Dispute Resolution Process, which is accessible via our website, or by contacting the Complaints Officer at GO Local Media Group and seeking a copy, at:
The Complaints Officer GO Local Media Group PO Box 218
ALBURY, NSW, 2640