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Switzer Terms & Conditions

Standard terms and conditions (1 to 13)
The following terms and conditions (“the Standard Terms”) shall be deemed to be incorporated into the attached campaign Summary/Insertion (the “Campaign Summary”)

In these Standard Terms any reference to Switzer Digital shall mean Switzer Financial Group ABN 24 112 294 649.
  1. Terms of payment
    All amounts payable for advertising must be paid in accordance with the relevant Billable Milestones for the Campaign. The Advertiser acknowledges that in order to assess the Advertiser’s order, Switzer Digital is specifically authorized to contact any credit reporting agency to obtain any personal and/or commercial information file from such credit--reporting agency in relation to Advertiser which Switzer Digital deems necessary in order to assess this application on a fully informed basis. The Advertiser acknowledges that Switzer Digital reserves the right to withdraw credit facilities any time and to require cash payment in advance of any online delivery.
  2. Positioning
    Positioning on sites is at the sole discretion of Switzer Digital except in the case where positioning is clearly communicated in the Campaign Summary or a specific sites confirmation sheet. Advertiser acknowledges and agrees that, except as provided herein, Switzer Digital has not made any guarantees, inducements, warranties or other representations with respect to usage statistics or levels of impressions for any advertisement. In some cases, Switzer Digital may provide the Advertiser with estimated usage statistics but this is done only at the request of, and as a courtesy to, the Advertiser, and the Advertiser acknowledges and agrees that any such statics are expressly excluded from these Standard Terms. Switzer Digital shall not be held liable for any claims whatsoever relating to such usage statistics.
  3. No assignment or resale of ad-space
    Advertiser may not resell, assign or transfer any of its rights hereunder, and any attempt to resell, assign or transfer such rights shall result in immediate termination of this contract without liability to Switzer Digital.
  4. Limitation of liability
    The Trade Practices Act and similar State and Territory legislation may confer rights and remedies on the Advertiser in relation to the provision by Switzer Digital of goods or services under these Standard Terms, which cannot be excluded, restricted or modified. (“Non Excludable Rights”). Switzer Digital does not exclude any Non Excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. To the full extent permitted by law, Switzer Digital’s liability for breach of implied warranties, conditions or undertakings which cannot be excluded is limited in the case of goods, at Switzer Digitals option, to
    1. replacement of the goods or the supply of equivalent goods,
    2. payment of the cost of replacing the goods or of acquiring equivalent goods, or
    3. payment of ht cost of having the goods repaired, and in the case of services Switzer Digital’s liability is limited, at client’s option, to:
      1. supply of the service again or
      2. payment of the cost of having the services supplied again.

    In no event shall Switzer Digital be responsible for any consequential or special damages, lost profits or any other damages arising from any failure to publish any advertisement timely or otherwise in accordance with the Campaign Summary. Without limiting the foregoing, Switzer Digital shall not have any liability for any failure or delay resulting from any government action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown or any other condition beyond the control of Switzer Digital affecting production or delivery in any manner.
  5. Advertiser representations, indemnification
    In no event shall Switzer Digital be responsible for any consequential or special damages, lost profits or any other damages arising from any failure to publish any advertisement timely or otherwise in accordance with the Campaign Summary. Without limiting the foregoing, Switzer Digital shall not have any liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, expulsion, embargo, strikes whether legal or illegal, labour or material shortages, transportation interruption of any kind, work slowdown or any other condition beyond the control of Switzer Digital which affects production or delivery in any manner. The Advertiser warrants to Switzer Digital that no material, statement or matter contained in the advertisement and/or any material of the Advertiser to which users can link through the advertisement constitutes a violation of any copyright, trademark or breach of confidence and contains nothing libelous or in contempt of any court, tribunal or royal commission, and that it has the right to publish the advertisement without infringing any other rights of any party.

    In consideration of Switzer Digital publishing the advertisement, the Advertiser indemnifies and holds Switzer, Digital harmless against any and all claims (whether in contract, tort, statute or otherwise) for any form of damages, losses, costs, injury or harm sustained by Switzer Digital or any other party (including all reasonable fees of any legal advisers) in consequence of the publication of, or any act or omission in relation to, the advertisement and/or any material of the Advertiser to which users can link through the advertisement. The Advertiser warrants that all product specifications, performance, service and other claims contained in the advertisement can be fully substantiated and are in conformity with relevant Commonwealth and State laws, including the provisions of the Trade Practices Act 1974, regulations, mandatory and voluntary codes and all other forms of regulation.
  6. Provision of Advertising Materials
    The Advertiser will provide all material for the advertisement (including GIF files) in accordance with Switzer Digital’s policies in effect from time to time, including (without limitation) the manner of transmission to Switzer Digital and the time prior to publication of the advertisement. Switzer Digital shall not be required to publish any advertisement that is not received in accordance with such policies. Switzer Digital will not be liable for any form of damage, loss, costs, injury or harm sustained by the Advertiser or any other party in consequence of or resulting directly or indirectly out of any delay or error in, or omission, cancellation, publication or transmission of, any advertisement.
  7. Right to reject advertisements
    All contents of advertisements are subject to Switzer Digital’s approval. Switzer Digital reserves the right to reject or cancel any advertisement, campaign, and space reservation or position commitment at any time. Acceptance of any advertisement (including the URL link contained or embedded in any advertisement) shall not be deemed to be acknowledgement by Switzer Digital that the Advertiser has complied with any or all relevant laws, regulations or industry code. In addition, Switzer Digital shall have the absolute right to reject any URL link embodied within any advertisement.
  8. Cancellations
    Peters MacGregor reserves the right to cancel the campaign at their own discretion by providing Switzer at least one month’s prior written notice. All billable milestones that fall due prior to the cancelation date will still be payable as per the original agreement.
  9. Construction
    No conditions other than those set forth in the Campaign Summary or these Standard Terms shall be binding on Switzer Digital unless expressly agreed in writing by Switzer Digital. In the event of any inconsistency, the Standard Terms shall prevail.
  10. Termination
    1. This agreement will be terminated:
      1. immediately if a party suffers an insolvency event; or
      2. if either party provides at least 60 days’ notice in writing to the other party to do so, at the end of the Term of this agreement.
    1. Unless notice has been provided in accordance with 12.1(b) above, the agreement will automatically renew at the end of the Term for a further period of 12 months. The consideration payable by the Advertiser to Switzer Digital will be increased by reference to movements in the Consumer Price Index over the preceding 12 months.
    1. The parties may agree to change the consideration in 12.2 on such terms as the parties may agree.

      Miscellaneous
      These Standard Terms together with the Campaign Summary, (a) shall be government by, and construed in accordance with, the laws of the State of New South Wales (and each party submits to the non exclusive jurisdiction of the courts of New South Wales); (b) may be amended only by a written agreement executed by an authorized representative of each party; and (c) constitute the complete and entire expression of the agreement between the parties, and shall supersede any and all other agreements, whether written or oral, between the parties.



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