Advertise

To request a full media kit and price list please contact:

Tejal Dave or Kritika Seksaria 

Director of Sales & Operations

Email: sales@eospublications.com.au 

Our Advertising Terms and Conditions:

Advertising Terms and Conditions:

1.        These terms (together with the applicable Cancellation date and Advertising Material Lodgment requirements govern each Confirmation Advice, Proposal, supply of services and booking and, except as modified in accordance with these terms, constitute the entire agreement in connection with each supply of services.

2.        No variation to these terms binds EOS Publications unless expressly and specifically agreed in writing by EOS Publications and client.

3.        These terms supersede any terms that have previously governed any supply of services and prevail to the extent of any inconsistency between a written or verbal quotation and these terms.

4.        Booking Process

If Client requests EOS Publications to provide services then:

4.1      For a publication, EOS Publications may issue a Confirmation advice; and

4.2      For a digital platform, EOS Publications may issue a proposal. If EOS Publications issues a proposal, Client may accept that Proposal by signing and returning it to EOS Publications.

4.3      Subject to Cancellation Clause above, Client may cancel all or part of a booking without penalty if written notice is given to EOS Publications before the cancellation date.

4.4      If Client cancels a booking after the cancellation date, including a Booking accepted by EOS Publications after the cancellation date, client must pay EOS Publications the full amount for that booking.

4.5      If EOS Publications fails to issue confirmation advice or Proposal relating to a request for services but provides the Services requested, these terms bind the client as if a booking has been made.

5.        Optimization

5.1      Where EOS Publications reasonably considers that Advertising material or any digital platform is underperforming, EOS Publications may change the placement of that Advertising Material to a similarly sized placement on a reasonably equivalent Digital Platform to that specified in the relevant booking.

6.        Rates and Payment

6.1      All EOS Publications rates or costs are exclusive of any applicable GST. EOS Publications will issue a tax invoice to Client in relation to any supply that is subject to GST. The amount of GST payable by Client shall be calculated by multiplying the GST exclusive sum payable for Services by the rate of GST applicable at the time of the supply. The terms “GST”, “supply” and “tax invoice” used in this paragraph has the same meaning as under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

6.2      Client must pay any production costs (including those associated with inserts and onserts) at EOS Publications’s standard rates from time to time where production costs are incurred on behalf of Client.

7.        Indemnity

7.1.       Client indemnifies EOS Publications, its officers, employees, agents and affiliates (and their employees and agents) against any action, claim, loss, expense or cost, suffered or incurred, whether directly or indirectly, by EOS Publications, its officers, employees, agents and affiliates (and their employees and agents) as a result of any breach by Client of these terms (including the warranties set out in these terms) or otherwise (including in connection with recovering any amounts owed to EOS Publications by Client) arising from publication of Advertising Material, cancellation of or failure to publish any  Advertising Material or otherwise in connection with such advertising

8.        Conditions relating to Services

8.1.    EOS Publications may require Client to complete a credit application before accepting a Booking or providing Services

8.2.    EOS Publications may refuse to accept any Advertising Material and may cancel or reschedule any Booking or refuse to provide any Services.

8.3.    Client must not resell or sub-license a Booking or use a Booking other than for Advertising Material referred to in the applicable Confirmation Advice or Proposal.

8.4.    EOS Publications makes no warranties in relation to proximity of Advertising Material in a Publication or on a Digital Platform relative to Advertising Material relating to competing products or services.

8.5.    Client consents to EOS Publications reformatting any Advertising Material for inclusion on a Digital Platform or otherwise in a digital or other derivative version of a Publication and warrants that doing so will not infringe any person’s rights.

8.6.    Client must not insert any data tracking or collection device (including any tag, code, cookie or pixel) into Advertising Material for a Digital Platform without EOS Publications’s permission.

9.        Warranties

9.1      Client warrants to EOS Publications that Advertising Material lodged with EOS Publications (whether or not

EOS Publications provided creative services in relation to that Advertising Material)

9.2.        complies with all laws, statutes, regulations, codes of practice and any standards applicable to publication of the Advertising Material and determined by any relevant regulatory agency or industry self-regulatory body;

9.3.        complies with any standard, guideline or requirement specified by EOS Publications and notified to Client from time to time;

9.4.        does not infringe copyright, trademark, obligations of confidentiality or other legal rights of any person; is not false or misleading and is true in substance and in fact;

9.5.        without limiting the above, does not infringe the Competition and Consumer Act 2010 (Cth) or the Fair Trading Act 1986 (NZ) or the Therapeutic Goods ACT 1989 (Cth), the Therapeutic Goods Regulations, the Therapeutic Goods Advertising Code or similar laws, regulations and codes operating in Australia or New Zealand; and

9.6.        does not contain anything which may give rise to any cause of action by a third party against EOS Publications, including material which is defamatory or obscene or which otherwise causes injury or damage to any person.

10.      Liability:

10.1.    EOS Publications (and its officers, employees, agents and affiliates) is not liable under these terms or otherwise in law for any indirect, special, economic or  consequential loss or damage suffered or incurred by Client (or any other person) or loss of revenue, profit, goodwill, data or opportunity or loss of anticipated saving whether caused by negligence or otherwise and whether or  not EOS Publications was aware or should have been aware of the possibility of such damage.

10.2.    To the extent permitted by law, all representations, conditions and warranties, whether based in statute, common law or otherwise, are excluded. Liability of EOS Publications for any breach of a term, whether implied by law or otherwise, is limited, at EOS Publications’s option, to the supply of the Service (or part thereof) again or the payment for the cost of having the Services (or part thereof) supplied again.

10.3.    EOS Publications is not liable for any delay or failure to perform the Services that is due to any act of God, revolution, unlawful act against public order or authority, breakdown of plant, industrial dispute, government or legal restraint or any other event not within the reasonable control of EOS Publications.

11.      DEFINITIONS

In these terms, unless the context otherwise requires:

Advertising Material means advertising material and any promotional or other material:

(a)  provided to EOS Publications by or on behalf of Client; or

(b)  created by EOS Publications in the course of providing creative services to Client, including inserts, onserts, band-ons, business reply cards, tip-ons, samples and scents;

Advertising Material Lodgment Requirements means the requirements for lodgment of Advertising Material for Publications with EOS Publications, as specified on EOS Publications’s Website or otherwise specified by EOS Publications from time to time; EOS Publications means EOS Publications Media Pty Limited ABN 86 611 139 087 and any affiliate for which EOS Publications Media Pty Limited enters into a Booking;

Digital Platform means a digital platform ( including a website, a mobile optimized version of a website and an application) operated by EOS Publications or with which EOS Publications is associated;

Booking means an agreement for the provision of Services between Client and EOS Publications made in accordance with clause 3.1 or clause 3.4;

Cancellation Date means:

(a)   for a Publication, the cancellation date applicable to a Publication as specified on EOS Publications’s Website or otherwise specified by EOS Publications; and

(b)  for a Digital Platform, 14 days prior to the campaign start date set out in the Proposal;

Client means:

(a)  any person who places a request for Services or enters into a Booking or to whom EOS Publications supplies Services; or

(b)  if an agency places a request for Services or enters into a Booking on behalf of that agency’s client, that agency;

Confirmation Advice means a notice from EOS Publications to Client confirming the details of a Booking and acceptance of the Booking;

Proposal means a notice from EOS Publications to Client confirming the details of a potential Booking and offering to provide the Services the subject of the potential Booking.

Publication means a print publication (including any digital replica version) published by EOS Publications or with which EOS Publications is associated; and

Services means the provision to Client by or on behalf of EOS Publications of advertising opportunities, including advertorials, in a Publication or on a Digital Platform.