General Terms and Conditions
In these Terms and Conditions, Sussex News Advertising Pty Limited will be referred to as “Sussex Australasia”, “Sussex Media”, “we”, “our”, “us” and the client will be referred to as “the Client” or “You”. By using our services, you agree to be bound by our terms and conditions, set out below. You agree that our Agency Service Contract, and these terms and conditions, together form the contract between you and Sussex Australasia.
Where you are providing information to us, you must ensure that all information provided is true and accurate.
In these terms & conditions:
“Media Source” means any media in which space is required by the client, and is sourced by Sussex Australasia at the client’s request.
“Source Material” means any document, handwritten notes, artwork, photographic material, video material, concepts, ideas, know how, technical specifications, plans, and any draft of any of the above that is supplied by you to Sussex Australasia for use in or inclusion in any advertising or other creative works produced by Sussex Australasia at your request.
“Services” means services provided by us, including but not limited to media buy services, event management services, creative and production services, etc.
Deadlines & Cancellations
All advertisers and clients must access the terms & conditions of trade for each individual Media Source and must comply with any deadlines given by that Media Source for either submission of material or cancellation of booked media space. Sussex Australasia takes no responsibility for any loss or damage caused by your failure to comply with any deadlines imposed by the Media Source. You acknowledge that you do not require us to advise you of any deadlines, and you agree that we are not required to give you any advice in respect of deadlines.
Our billings include fees for our Services.
You are required to comply with the terms of payment set out in the invoices issued to you by making full payment to us on or before the due date for payment shown on each invoice. In the event that full payment is not received, we reserve the right to suspend all activity on your account until full payment is received. Sussex Australasia is not responsible for any delays experienced by you as a result of non-payment on your part.
You are required to comply at all times with the Media Source’s terms and conditions regarding advertising. Sussex Australasia takes no responsibility for any loss or damage that might be suffered by you as a result of your failure to comply terms and conditions of the Media Source.
Sussex Australasia takes no responsibility for any mistakes or errors which may be present on documents sent to the Media Source by you, or approved by you and sent to the Media Source by us. While we will make every effort and use our best endeavours to ensure that the material sent to the Media Source will be free from errors, we make no warranties in that regard. In the event of errors occurring in the published advertising for whatever reason, you cannot claim any compensation from us beyond the cost of production of the advertisement and the cost of correcting the advertisement for re-publication. You acknowledge that Sussex Australasia is not responsible for any errors in drafts that were approved by you and you specifically acknowledge that Sussex Australasia is not liable for loss or damage beyond that stated above in any event.
You warrant to Sussex Australasia you own the intellectual property rights in any Source Material supplied by you to us for use in production of advertising material. Sussex Australasia takes no responsibility for any breach of intellectual property rights for any Source Material that might be alleged by a third party. You agree to promptly and efficiently defend any legal action commenced by a third party in relation to any alleged breach of intellectual property rights. If Sussex Australasia is joined as a party in any such action, you agree to pay Sussex Australasia’s legal costs of defending such action with you.
You agree that you grant an exclusive licence to Sussex Australasia to use the intellectual property rights in any Source Material provided by you. You further agree that all intellectual property rights in the creative works produced by Sussex Australasia belongs to Sussex Australasia and can only be used by you for the specific purpose for which the works was created, which is outlined in the original brief. Any further use beyond the original brief must be by way of a further licence or otherwise prior written consent by Sussex Australasia.
Limitation of Liability
To the maximum extent permitted by law, we exclude completely all liability to any person or company for loss or damage of any kind (however caused, including by negligence) arising from or in connection with our provision of Services.
To the maximum extent permitted by law, we exclude completely all liability to any person or company for loss or damage of any kind, including but not limited to loss or damage of goods or samples, failure to deliver any goods or services on time due to circumstances beyond our control, in connection with our provision of Services. You agree that any goods or samples of goods provided by you for our use in our provision of Services are solely and remains at all times at your risk.