Terms and Conditions
Sales Terms And Conditions
1. I/We understand that your terms are Net 30 days from the end of the month of invoicing and l/we undertake to comply with same.
2. Interest may be charged at bank overdraft rates on all overdue accounts. All costs incurred in the collection of unpaid debts will be on-charged to the advertiser.
3. Directors guarantees are required for all private companies.
4. WIN at its discretion, reserves the right to, (a) refuse the applicant(s) credit facilities, (b) to withdraw credit facilities provided to the applicant(s) without prior notice for the breach of these terms and conditions and WIN’s terms and conditions of advertising.
5. The applicant(s) must inform WIN in writing within 7 days of any change to his or her or their business or corporate structure.
6. The Directors and/or guarantors acknowledge and agree that the information contained in this commercial credit application form may be disclosed to a credit reporting agency or to another credit provider
7. WIN may obtain information about The Applicant from credit reporting services (or similar organizations), trade referees, bankers, and other sources and for such purposes, if necessary. The Applicant grants to WIN permission pursuant to sections 18K(1)(b), (c) and (h) of the Privacy Act 1988 (“the Privacy Act”) and, where The Applicant is a sole trader or partnership, each of the proprietors consents to WIN obtaining credit information on them individually for the purposes of assessing this application pursuant to sections 18K(1)(b) and 18L(4) of the Privacy Act. In addition, the Applicant grants WIN all necessary permissions under the Privacy Act or otherwise to obtain the above information. Where the Applicant is a company, its directors consent to WIN obtaining a credit report concerning each of them for the purpose of assessing the commercial credit application pursuant to section 18K(1)(b) and section 18L(4) of the Privacy Act.
8. When utilising the credit facility provided by WIN the applicant(s) agree(s) to be bound by all the standard WIN terms and conditions of advertising, a copy of which has been provided with this application for credit.
9. The applicant(s) acknowledge that the information provided herein its true and correct.
10. American Express payments attract a 2.2% surcharge.
11. WIN acts as agent for NBN Pty Limited ABN 68 000 232 486 (NBN) and NBNE Productions Pty Ltd ABN 68 009 140 078 in relation to the marketing, selling and production of Advertising for broadcast by NBN on its television stations. NBN holds the benefit of, and may exercise directly against the Applicant, all of the rights of WIN under this contract (including under WIN’s Advertising Terms and Conditions) in relation to Advertising for broadcast on NBN’s television stations. These rights include, without limitation, the right for NBN to invoice the Applicant for, and to receive payment from the Applicant of, all Fees for Advertising for broadcast by NBN on its television stations.
Advertising Terms and Conditions
1. All programs are subject to change without notice.
2. The station requires receipt of instruction for advertising at least 7 days before schedule transmission and it requires advertising material at least 48 hours before scheduled transmission unless prior arrangements have been made between the station and the advertiser.
3. In the event that the station does not receive advertising material at least 48 hours prior to transmission the station reserves the right to either reject the advertisement or use any previous material which the station may have deemed suitable, but in either case the station may make the full charge which would have been made had the advertisement been transmitted.
4. Advertising bookings may be cancelled by either party giving no less than 7 days notice.
5. If an advertising campaign is terminated within 7 days of the scheduled airtime the station reserves the right to charge for those airtime spots.
6. Any claims need to be raised within 14 days of the end of month in which the advertisement is put to air.
7. No time is sold for resale. The advertiser may only use advertising time for his own goods or services.
8. The omission of an announcement, or program variation by the station shall not invalidate any contract.
9. The advertiser and/or advertising agencies shall indemnify the station against any action arising from the telecast of an advertiser originated announcement or program.
10. WIN rely on the representation by the advertiser that their material does not contain any defamatory material, or any material which is capable of being misleading or breaching Part V of the Trade Practices Act.
11. All instructions for advertisements shall be in type written form.
12. All commercials shall comply with the standards laid down by the Australian Broadcasting Authority, Federation of Australian Commercial Television Stations, or any other relevant body or organisation, statutory or otherwise which have jurisdiction, whether such jurisdiction has statutory authority or not.
13. If in the opinion of the station manager or his authorised representative, an advertisement fails to comply with all or any of the standards referred to in condition 15 above, or if approval of any advertisement is withdrawn or suspended by the Federation of Commercial Television Stations, or if in the opinion of the Station Manger the advertisement is otherwise unsuitable for transmission the station may either:
(a) reclassify the advertisement
(b) withdraw temporarily, or permanently acceptance of the advertisement
(c) restrict the time or times of day during which the advertisement shall be telecast; or
(d) alter the time or times of day during which the advertisement shall be telecast.
14. The station reserves the right on any occasion to displace an advertiser’s advertisement but such displacement not penalise the advertiser in the matter of rate.
15. The station reserves the right to approve all programs, scripts, products, services, copy, talent, film, slides, recordings, material and music.
16. All bonus spots placed at station’s discretion subject to availability.
17. The station will exercise all due care in and attending to the storage of sponsors’ property for a period of three months, but will not be responsible for any wear and tear or loss or damage to the sponsor’s property.
18. Material not collected three months after the on air date will be destroyed.
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