Terms & Conditions

ADVERTISING TERMS & CONDITIONS

1. Definitions

• “HSDM” refers to Hills Sydney Digital Magazine, including its successors, assigns, or authorised representatives.
• “Customer” refers to any individual, business, or entity requesting advertising or related services from HSDM, as outlined in any proposal, quotation, order, invoice, or agreement. If multiple Customers are involved, they are jointly and severally liable. This also includes their executors, administrators, successors, and assigns.
• “Goods” and “Services” refer to all advertisements, designs, publications, and any other content created, hosted, or distributed by HSDM on behalf of the Customer.
• “Copy” refers to any advertisement, text, graphics, or media submitted by the Customer for publication.
• “Price” refers to the fees charged by HSDM for services, exclusive of GST unless stated otherwise.
• “GST” means Goods and Services Tax as defined under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• “Prohibited Content” includes any material that:
  • Violates Australian laws, including the Broadcast Services Amendment (Online Services) Act 1999 (Cth)and the Competition and Consumer Act 2010 (Cth).
  • Is misleading, defamatory, obscene, discriminatory, or otherwise unlawful.
  • Infringes any third-party intellectual property rights.

2. Acceptance

2.1 By placing an order with HSDM, the Customer agrees to these Terms & Conditions.

2.2 Any amendments to these terms must be agreed upon in writing by both parties.

2.3 Electronic signatures and digital acknowledgments are accepted under Section 9 of the Electronic Transactions Act 2000 (NSW).

2.4 The Customer acknowledges that:

• Services are subject to availability, and HSDM reserves the right to modify distribution dates.
• Recommendations by HSDM are advisory and should be independently verified.
• Colour accuracy of advertisements is the Customer’s responsibility.
• HSDM reserves the right to refuse, modify, or withdraw advertisements at its discretion.
• Placement of advertisements is not guaranteed.

3. Errors & Omissions

3.1 HSDM is not liable for errors, omissions, or unintended misprints in published material. The Customer must report any errors immediately. HSDM will rectify errors at its discretion but is not liable for compensation unless negligence is proven.

4. Change to Business

4.1 The Customer must provide at least 14 days’ written notice of any changes in ownership, business structure, or contact details. Failure to notify HSDM may result in continued liability for outstanding amounts.

5. Pricing & Payment Terms

5.1 Pricing is determined by HSDM based on:

• The agreed rate in a proposal or invoice.
• The standard price list at the time of service provision.
• Additional fees for modifications or late submissions.

5.2 A non-refundable deposit may be required before service commencement.

5.3 Payment must be made:

• As per the invoice due date.
• In agreed installments, where applicable.
• Using accepted payment methods (bank transfer, credit card, cheque, or other approved methods).

5.4 Customers may not offset any disputed charges without prior agreement.

5.5 All Prices are exclusive of GST, unless stated otherwise.

6. Variations & Additional Charges

6.1 HSDM reserves the right to adjust pricing due to:

• Customer-requested modifications.
• Additional work required due to insufficient or poor-quality materials.
• Changes in external costs (e.g., currency fluctuations, printing fees).

7. Proofing & Approval

7.1 HSDM provides digital proofs before publication. Customers must review and confirm acceptance within 24 hours.

7.2 If no feedback is received within the timeframe, the proof is considered approved, and HSDM is not liable for subsequent errors.

8. Service & Delivery

8.1 Service timelines are estimates only. HSDM is not liable for delays beyond its control.

8.2 Delivery is deemed completed when:

• The Customer or their designated party receives the content.
• HSDM publishes the advertisement digitally or in print.

9. Risk & Ownership

9.1 Risk transfers to the Customer upon delivery.

9.2 HSDM retains ownership of all creative materials until full payment is received.

10. Customer-Supplied Content

10.1 The Customer is responsible for ensuring their submitted Copy:

• Is accurate, lawful, and meets advertising standards.
• Does not contain Prohibited Content.
• Does not infringe third-party intellectual property rights.

10.2 HSDM reserves the right to reject any submitted Copy that does not comply with these terms.

11. Intellectual Property

11.1 All intellectual property created by HSDM, including designs and publications, remains the property of HSDM unless otherwise agreed in writing.

11.2 The Customer may not reproduce HSDM’s materials without written authorization.

11.3 HSDM reserves the right to use completed projects for marketing and promotional purposes.

12. Late Payments & Default

12.1 Late payments are subject to 2.5% interest per month.

12.2 If payment remains outstanding, HSDM may:

• Suspend or cancel pending advertisements.
• Take legal action to recover unpaid fees.
• Recover collection costs from the Customer.

13. Cancellations & Refunds

13.1 HSDM may cancel an order before publication and refund payments at its discretion.

13.2 If the Customer cancels an order:

• They must cover any losses incurred by HSDM.
• Cancellations made less than 7 days before publication require full payment.

14. Confidentiality & Privacy

14.1 Both parties agree to maintain the confidentiality of business-sensitive information.

15. Limitation of Liability

15.1 HSDM is not responsible for technical failures, third-party errors, or force majeure events.

15.2 The Customer indemnifies HSDM against any claims arising from published advertisements.

16. General Provisions

16.1 These terms are governed by the laws of New South Wales.

16.2 Amendments to these terms must be agreed upon in writing.

16.3 Neither party is liable for delays caused by external events beyond their control (e.g., natural disasters, strikes, or supply chain disruptions).

By placing an order with HSDM, the Customer acknowledges and accepts these terms and conditions.