Legals

Familiarise yourself with Avalon Media's Advertising Terms and Conditions



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1.1 As a customer of Avalon Media LLC these terms and conditions form the basis of our agreement.
1.2 Our agreement with you also includes your booking confirmation request which you complete and provide to us We may accept and rely on facsimile copy of the booking confirmation request as if it was an original. You will be bound by a facsimile copy of the application or order form as if it was an original.
1.3 Our agreement with you also includes our current ratecard. The price list may change from time to time, but we will notify you of any changes when they happen. Copies of the rate card are available from us, upon request or on www.curvemag.com
1.4 This agreement will commence on the date of its signing by us and continue until the completion of the publication of advertisements booked.
2. SERVICE DESCRIPTION
2.1 The services (the “Services”) provided include:
(a) the publication of your advertisement(s)in our publication(s) on dates agreed from time to time and subject to available space in any relevant publication; and
(b) upon request, the provision of artwork and layout design and production services.
3. USE OF SERVICES
3.1 You agree and warrant in relation to any material provided to us for use in any advertisement that:
(a) You are the owner of any copyright or other intellectual property right in the material and/or you have all necessary licences to use any third party copyright to other intellectual property included or reproduced or adapted in your material( including, without limitation, any moral right or performer’s right, trade mark, trade indicia or slogan);
(b) The material does not infringe any state or federal statute or regulation or compulsory or voluntary industry code of conduct, including, without limitation, the Trade Practices Act,1 974,the Privacy Act,1 988,any act or regulation dealing with defamation ,indecency ,censorship, advertising standards or self regulation;
(c) The material shall not include any defamatory, libellous, indecent, pornographic, offensive, threatening, false or disparaging content;
(d) The material shall not promote or encourage piracy, counterfeiting, plagiarism, unfair competition or idea misappropriation
3.2 You hereby indemnify Avalon and agree to keep it indemnified against any loss or damage (including legal costs on a client/own solicitor basis for any breach by you or your servants or agents on Clause 3.1 hereof.
3.3 Avalon may, in its absolute discretion, refuse to publish any advertisement or to refuse to repeat any advertisement if any material contained in the advertisement may amount to a contravention of Clause 3.1 hereof, is inconsistent with Avalon’s editorial or advertising policy or for any other reason.
3.4 You must provide your artwork at least one week prior to publication of the publication in which the advertisement is to be placed in the format and to the quality advised by us in the booking confirmation request. Failure to do so may result in the advertisement not being printed or not being printed in the position requested or may affect the quality of the advertisement.
3.5 You agree that you are solely responsible for the quality and accuracy of any artwork provided by you.
3.6 Where we provide the services set out in Clause 2.1(b) you agree that you are solely responsible for checking and approving the accuracy and/or quality of the artwork produced and agree that signing and returning our artwork approval form is conclusive evidence that you have approved any such artwork for publication. If you fail to approve any such artwork within[ 24h ours]prior to publication you agree that you are deemed to have approved such artwork and we will not be liable for any errors it may contain.
3.7 Subject to any express written agreement to the contrary, you agree we may change the position of your advertisement or other copy where we consider it desirable for any editorial, layout or legal requirements of any of our publications. If this needs to be done, we will use our best efforts to place your advertisement in a suitable alternative position and, subject to time constraints, to notify you of our decision prior to publication. 
3.8 Cancellation Policy: After signed bookingform has been submitted, our cancelation policy is a follows: before booking deadline (second friday of month) 50% cancellation fee. After Booking deadline (second friday of month) NO CANCELATION possible
4. CHARGES AND PAYMENT
4.1 You agree during the term of this agreement:
(a) to be charged for the Services we provide to you at our current prices from time to time;
(b) as our charges are exclusive of any taxes, that we can pass on to you the full amount of any taxes payable on the charges;
(c) to pre-pay our invoices prior to publication unless we have agreed, in our absolute discretion, to provide you with credit;
(d) to pay accounts on 14 day invoice for all of those charges (including taxes) by the date specified in the account (“Due Date”).
4.2 If you dispute in good faith an amount in the account, you must notify us in writing within fourteen days setting out reasons for the dispute and the amount in dispute. Notwithstanding any dispute as to any amount of any charge, you must pay the undisputed amount of each account by the Due Date.
4.3 If you do not pay the account by the Due Date, then we may charge an administration fee of $15 per month or part thereof or 5% on the outstanding amount of the invoice and suspend all or part of your Services pending payment of outstanding amounts on the account. Nothing in this clause affects our rights to terminate this agreement under clause 8.
4.4 If account is paid in any way in part or whole by ways other than cash (in US dollars), then Avalon reserves the right to change this form of payment to 100% cash in US dollars upon 30 days written notice.
4.5 We may pass on the cost of merchant fees incurred from credit card payments.
4.6 Rejected cheques or invalid credit card transactions will be automatically charged back to the customers account. A charge of $15 is charged for dishonoured cheques while credit card charge backs will attract a fee as advised by your credit card provider.
4.7 If you wish to pay by direct debit you agree to:
(a) Complete and return the appropriate direct debit authority form.
(b) If a credit card or bank account is supplied for direct debit purposes, this is taken as permission for Avalon to bill the card or bank for any monies owed. Should the credit card expire or should we be unable to debit charges from your bank account or credit card, we may immediately withdraw the provision of the Services, without notice. You are responsible for up dating or advising Avalon of any changes relating to their direct debit details.
5. AMENDMENTS TO TERMS AND CONDITIONS
Without limiting clause 4.1, we may vary, alter, replace or revoke any of these terms and conditions effective upon the expiry of 14 days Written notice from us. We may interpret your ongoing use of the Services after that date as constituting your acceptance of any such variation, alteration, replacement or revocation of these terms and conditions.
6. USE OF INFORMATION AND THE PRIVACY ACT 1988
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