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MAGIC MEDIA |
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TERMS AND CONDITIONS
BBD Magic Media (hereinafter referred to as Magic Media) accepts all Advertising notices (hereinafter referred to Advertisements) on the following Terms and Conditions.
TERMS AND CONDITIONS:
1. These Terms and Conditions apply to Advertisements displayed in publications prepared by and printed and distributed on behalf of Magic Media in any form whatsoever.
2. The acceptance and placing of an order for Advertising by a client in writing constitutes acceptance by the client of these Terms and Conditions.
3. The rate for the Advertisement agreed to in writing by the client and Magic Media, shall be conclusive for both parties to these Terms and Conditions.
4. Advertising material in any form whatsoever is accepted on the understanding by Magic Media that the material provided is at all times under the control of the client. Any matters relating to Copyright, Trade Mark or Intellectual Property shall be at the risk of the client.
5. The client agrees not to provide material or content that contravenes any law or laws that may apply to such material. This includes obscene, defamatory, or offensive material or other material unsuitable for publication.
6. The client agrees to provide all relevant material agreed either in writing or verbally to permit Magic Media to create the Advertisement as close as possible to the client's requirements.
7. Magic Media agrees to produce and publish the material supplied in a format as agreed in writing or verbally with the client as per the Order Form that has been signed by the client.
8. Magic Media shall judiciously and honestly present the Advertisement in a manner consistent with a professional presentation acceptable within the advertising industry, and within the time frame and area agreed to in writing.
9. Magic Media reserves the right to withdraw any advertisement for any legitimate or legal reason whatsoever.
10. Magic Media reserves the right to place advertisements in any position on advertising brochures as they deem fit, however, an undertaken is given, that a rotational scheme shall be in place for repeat advertisers.
11. If the client wish to cancel the Advertisement, after signing an order to Advertise, a cancellation fee of 100% MAY be applied at the sole discretion of the management of Magic Media.
12. Where a client provides material for an advertisement the client indemnifies Magic Media against any legal claim whatsoever arising from the material provided by the client being published as requested by the client.
This includes demands, losses, costs, damages, and other liabilities, awarded or found against Magic Media relating to the material provided by the client.
13. The client accepts that credit provided in relation to the placing of an Advertisement shall be granted on a 30 day or monthly account, as negotiated by the client and Magic Media, and agrees to settle the outstanding amount within the time frame of credit provided by Magic Media.
14. Where the client fails to pay in accordance with the agreement, Magic Media reserves the right to restrict further advertising for an on behalf of the client, until all outstanding debts have been paid.
15. Magic Media provides no guarantee whatsoever as to the effectiveness of the Advertisement, but agrees to present a professional advertisement for and on behalf of the client.
16. Magic Media agrees to prepare and distribute the brochure in accordance with the Order Form signed by the client, and will do all things reasonable to ensure the brochure is prepared, printed and distributed within the time frame on the Order Form. However, Magic Media does not accept responsibility for the failures of third party organisations contracted by Magic Media to undertake preparation, printing or distribution. Magic Media gives an undertaking that it will do all in its power to ensure the brochure is distributed as per the signed order.
17. All Advertisement material appearing in brochures prepared by Magic Media remains the intellectual property of Magic Media, unless agrees otherwise with the client in writing.
This does not apply to Copyright, Trade Mark or Intellection Property that remains under the control of the client.
18. Magic Media gives an undertaking that all matters pertaining to the Advertisement shall be confidential, and under no circumstances shall any confidential matter be disclosed to any organisation or person whatsoever.
19. Governing law relating to these Terms and Conditions shall be within the State of South Australia, of Federally, where matters are covered by CommonweaLth Acts of the National Parliament of Australia.
20. Magic Media reserves the right to alter, amend or delete these Terms and Conditions at any time without further notice.
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MAGIC MEDIA - PO Box 854 - Modbury 5092 - SOUTH AUSTRALIA - 5092 