BOOKING CONFIRMATION TERMS AND CONDITIONS
These Standard Terms and Conditions apply to all future Booking Confirmation(s) provided to The Client for the provision of services provided by Crocmedia.
“The Client” is defined as the party contracting with Crocmedia Pty Ltd for the provision of services listed in the booking confirmation. The Client may be represented by an Agency, but the agreement remains between The Client and Crocmedia.
“Agency” is defined as the entity representing The Client for their media spend through the year and has their full Accreditation provided by the Media Credit ReferenceLimited (“MCRL”). Should the Agency not have their accreditation, the agency is required to pay on the same terms of a Direct Client (15 days).
“Crocmedia” or “Crocmedia Pty Ltd” is defined as a separate legal entity (ABN 63 129 637 378)
“Provision of Services” or “Services” is defined as the advertising and/or integration listed on the Booking Confirmation.“Booking Confirmation” is defined as a document listing the entitlements the Company will receive during the term defined on the booking confirmationwhich may include (but not limited to) radio, TV and internet integration
2. CAMPAIGN INFORMATION
As part of this agreement, The Client is required to provide Crocmedia with relevant campaign information including but not limited to audio files (in WAV format no greater than 6MB) and creative summaries.
Any booking placed by The Client with Crocmedia shall constitute an offer by The Client to acquire services on the terms set out in these Booking Confirmation Terms and Conditions and in the Booking Confirmation.
4. CONDITIONS ON PROVISION OF SERVICES
Crocmedia reserves the right to refuse to accept any advertising material if such material is offensive or in any way detrimental to the interests of Crocmedia. Crocmedia will notify The Client in this instance and The Client will have the opportunity to rectify such material.
The Client acknowledges and agrees that because of the nature of the services, the services may be subject to interruption from time to time. The Client shall be notified where possible and will not be charged for the interrupted services.
If The Client fails to comply with the lodgment requirements with respect to certain advertising material Crocmedia is under no obligation to advertise that material.
5. PAYMENT TERMS
The Client will be charged for the provision of services at the rates set out in the Booking Confirmation. The Client will be liable as principle debtor for payment of amounts invoiced by Crocmedia. The Client must have completed a Credit Account with Crocmedia. Tax invoices for the provision of services will be submitted at the end of each month to The Client for the current month via email. All invoices are payable as specified on the Booking Confirmation.
Payments may be made via cheque, direct debit or credit card (transaction fees apply).
Once services for an invoice period have been rendered:
(a) No refund or other claim will be maintained by The Client in respect to a paid invoice;
(b) No claim by way of set off or otherwise will be raised by The Client in respect to an unpaid invoice for any matter which may relate to the performance or otherwise by Crocmedia for any future Invoice Period.
6. ADMINISTRATION FEE ON LATE PAYMENT
Crocmedia reserve the right to charge an administration fee of 1% per month for any invoices that remain unpaid for more than 45 days. Crocmedia has the discretion to charge this fee at any time during and post this agreement and the fee will relate to any prior payments that were in arrears under this agreement.
7. TERMINATION OF CONTRACT
Either party may by notice in writing terminate this Agreement with immediate effect if either party:
(a) breaches any material term of this Agreement and fails to rectify same within seven (7) days of receipt of notice of the breach;
(b) is or becomes insolvent;
(c) commits a persistent breach of this Agreement;
(d) is involved in any conduct that might harm either parties name, image or reputation;
Any fees outstanding must be paid in full prior to the termination date or legal proceedings will commence immediately.
Any disbursements associated with the Booking Confirmation will be quoted separately and approved in advance by The Client. Any commercial production in excess of that specified in the Booking Confirmation will be charged at $500 for the first commercial and $300 for each subsequent commercial during the term of the agreement.
9. INTELLECTUAL PROPERTY
The copyright and other intellectual property rights created by the provision of services by Crocmedia remain the property of Crocmedia and are strictly confidential. The information must not be reproduced, transmitted, communicated to the public or adapted, whether in whole or in part, except with the prior written consent of Crocmedia.
The Client warrants that advertising material and other information provided to Crocmedia by The Client:
(a) complies with all laws, statutes, regulations, codes of practice and any standards determined by any relevant regulatory agency or industry self-regulatory body applicable to services;
(b) complies with any standard or requirement specified by Crocmedia and notified to The Client from time to time;
(c) does not infringe copyright, trademark or other legal rights of any person;
(d) is not false or misleading and is true in substance and in fact;
(e) does not infringe the Competition and Consumer Act 2010 (Cth);and
(f) does not contain anything within The Client’s knowledge which may give rise to any cause of action by a third party against Crocmedia, including without limitation material which is misleading and deceptive or defamatory or obscene or which infringes any right of privacy or personality or which otherwise causes injury or damages to a person.
The Client warrants that they have the right to make the booking in addition to the warranties provided above.
The Client indemnifies Crocmedia against any action, claim, loss or expense arising from the advertising of any material lodged with Crocmedia by The Client or any breach by The Client of the warranties clause above of these Booking Confirmation Terms and Conditions or other clause of the Booking Confirmation or these Booking Confirmation Terms and Conditions, unless caused by negligence, misrepresentation, deceit, fraud or dishonesty of Crocmedia or its officers or agents.
Crocmedia has no liability to The Client whether in contract, tort or otherwise for any loss, cost or damage (including without limitation for or in respect of any consequential, special or indirect liability, loss, damage, cost, charge or expense, loss of profits or data) arising from the display of any advertising material provided by The Client to Crocmedia. Further, Crocmedia gives no warranty or representation about the impact of advertising on the business of The Client.
13. NON-COMPETITION GUARANTEE
Advertising timeslots surrounding this program do not fall within the scope of this agreement and are not within the control of Crocmedia. Crocmedia cannot prevent or influence what is aired during these timeslots and provide no assurance as to the nature of advertising during this period other than what has been specified in the sponsorship details.
Should the markets change from those specified in the Booking Confirmation the terms and conditions of this agreement are not altered. There will be the opportunity to vary the investment based on a value per market basis.
15. CONFIDENTIAL INFORMATION
Crocmedia agrees to keep the Client’s information confidential (except where disclosure is permitted by the Client) and take whatever measures are reasonably necessary to preserve such confidentiality.
16. GOVERNING LAW
The Agreement between Crocmedia and The Client will be governed by the laws in force in Victoria and each party submits to the jurisdiction of courts exercising judgment in that State.
16. FORCE MAJEURE
If Crocmedia is prevented or delayed in the performance of any of its obligations by a force majeure event being an event beyond its control, it shall be excused from the performance or the punctual performance as the case may be for so long as such event shall continue and The Client will not be changed for services until such an event ceases/subsides.