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SportJobs Pty Ltd
Terms & Conditions
RECITALS:
A. Sportjobs operates an Australian based website that promotes sports orientated employment opportunities, sports related business sales and sports related events. The website is located at www.sportjobs.com.au ("the Site").
B. The Advertiser wishes to book advertising space, in the form of either 'banner' advertising or 'editorial' advertising on the Site from time to time.
C. Sportjobs has agreed to place ads on the Site as requested by the Advertiser from time to time on the terms and conditions of this agreement.
THE PARTIES AGREE:
1. Booking
1.1 Sportjobs shall place advertisements prepared by the Advertiser on the Site.
1.2 SportJobs will attempt to place advertisements on site within 3 working days of payment being received.
2. Costs and fees
2.1 Sportjobs shall invoice the Advertiser in accordance with the Schedule of Fees contained in Appendix 1 on the last day of each month during which the Advertiser books space in respect of any and all advertisements published or broadcast on the Site at the Advertiser's request and the Advertiser shall pay in full all invoices submitted by Sportjobs within 14 days.
2.2 - the currency of transaction is Australian dollars only. All prices are in Australian dollars.
2.3 - SportJobs offers no refunds once payment has been made.
2.4 - All payments made using our credit card facilities support Secured Sockets Layer based transactions (SSL) from a browser to a level of at least 128 bits
3. Indemnity
The Advertiser shall indemnify and hold Sportjobs harmless from and against any and all claims, demands, regulatory proceedings and/or causes of action, and all damages, liabilities, costs (including without limitation settlement costs) or expenses (including, without limitation, legal fees on a full indemnity basis) arising from:
(a) any breach by the Advertiser of any of the undertakings, terms or conditions contained in this agreement;
(b) any alleged:
(i) libel, slander, defamation, product disparagement or indecent, false, misleading or deceptive conduct;
(ii) infringement of trade mark, copyright, title, slogan, trade indicia or other proprietary rights;
(iii) piracy, counterfeiting, plagiarism, unfair competition or idea misappropriation;
(iv) invasion of any right of privacy which is in any way connected with any and all advertisements placed in the space;
(v) infringement of moral rights;
made as a result of or in connection with the placement of the Advertiser's ads on the Site and/or
(c) the publication or broadcasting of any advertisements placed on the Site at the Advertiser's request pursuant to this Agreement.
4. Release
4.1 If Sportjobs or one of its affiliates:
(a) fails to place or publish an advertisement, or
(b) places or publishes an advertisement not in accordance with the Advertiser’s instruction, or
(c) places or publishes an advertisement which contains errors or omissions, or
(d) fails to place or publish an advertisement in an agreed position, or
(e) places or publishes an advertisement late,
(“the Errors”),
the Advertiser agrees, even if the Errors result from the negligence of Sportjobs or its employees or agents or an employee or agent of its affiliate, Sportjobs or its affiliate’s liability shall be limited solely to replacing or republishing the advertisement (with any correction) on the Site and without limitation shall not extend to any other losses or damages including consequential losses or damages suffered by the Advertiser arising from the Errors.
4.2 It is the responsibility of the Advertiser or its agent to notify Sportjobs in writing of any Error immediately after the placement or publication of the advertisement and Sportjobs shall not be responsible for the replacement or republication of any Error not notified to it or for any erroneous advertisement replaced or republished.
5. Changes to the Schedule of Fees
Sportjobs reserves the right to change, amend or replace the Schedule of Fees contained in Appendix 1 of this Agreement at any time by placing a notice on the homepage which states that there has been an update. Any update will take effect from when it is published and will not apply to advertisements placed prior to the updated Schedule of Fees being posted on this site.
6. Notices
All notices to be served pursuant to the terms of this agreement may be served personally or sent by registered pre-paid post at the address of the other party contained in this agreement. Notice shall be deemed to have been given on the date of posting of the notice.
7. Governing law
The agreement shall be governed by and construed in accordance with the laws for the time being in force in the State of Victoria and all related disputes shall be determined in Victorian Courts.
8. Severability
If any part of this agreement is found to be invalid or of no force or effect under any applicable laws, executive order or regulations of any government authority having jurisdiction, this agreement shall be construed as though such part had not been inserted herein and the remainder of this agreement shall retain its full force and effect.
9. GST
If GST is payable on any supply under this agreement, the fee payable for the supply will be considered exclusive of GST. Unless the parties otherwise agree in writing, the party receiving the supply undertakes to pay the supplying party the amount of such GST in addition to any fee for that supply at the time the fee is payable or at such later time when the amount of the GST becomes known, subject to the supplying party issuing a valid tax invoice to the party receiving the supply in accordance with the
relevant GST legislation.
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