This is a legally binding agreement. By continuing the registration process and subsequently using the Internet-based advertisement delivery system available at www.adsend.com.au , as updated and modified from time to time, including all software and documentation relating to the service (Adsend) , you agree that your use of Adsend is governed by the terms set out below and that these terms form a Service Agreement between you and Dubsat Pty Ltd (ABN 12 082 402 739) (a member of Omnilab Media) (ABN 36 308 521 411) (we/us). For the avoidance of doubt, "You" or "your" means the person licensed to use Adsend and includes any licensed corporation that enters into this agreement by the conduct of an officer, employee or agent of the corporation.
Subject to the terms and conditions under this agreement and the payment by you of any and all fees and charges owing to us, we grant to you a non-exclusive, non-transferable licence to use Adsend on the terms and conditions set out in this document.
You must only use Adsend in accordance with these terms and conditions and any procedures, instructions or guidelines issued by us. You agree that you will not:
(a) sell, distribute, sub-licence Adsend or appoint agents, sub-distributors or sub-licensees to procure the distribution of Adsend;
(b) copy Adsend, including without limitation the software, the website or the documentation, except as permitted under this agreement;
(c) decompile, disassemble, reverse engineer, derive the source code for, modify, adapt or translate the Adsend software or the website;
(d) write or develop any software or create derivate works based on Adsend; or
(e) remove, obliterate or obscure from any view any copyright material, trade mark (whether registered or un-registered) or confidentiality notice or legend appearing in Adsend (including the software, the website or the documentation; and
We reserve the right to suspend or cancel your account if you do not comply with the above or any instructions given to you by our support staff.
We retain all right, title and interest (including copyright any ideas, concepts, inventions, know-how, data processing techniques,) in Adsend, including without limitation any:
(a) the software, documentation, customisation, alteration, modification, translation, upgrades, integrations and enhancements or addition to the software and documentation; and
(b) the website, any modifications to the website, any content contained on the website and any versions of the website or local domain names.
You acknowledge that the payment of fees and charges, whether subscription fees, transaction fees or otherwise is a fundamental term of this agreement. You acknowledge that we retain the right to modify any fees any charges on written notice to you; and Advertising delivered through Adsend is charged per job. When you register in Adsend, you can choose from two different membership types:
A Premium Member is able to access the Client Service Support function staff at any time during our advertised support hours and is able to receive a flat-rate or per-square-centimetre rate for job deliveries as follows:
The flat rate has no limit to the size (dimension) of the advertisements you can send, however an additional per megabyte charge is applied if the data size of the advertisement exceeds 2 megabytes. If an advertisement is uploaded but not delivered to a publication but is in excess of 2 megabytes, we reserve the right to charge you for the excess data regardless of whether your job was delivered or not.
Our per-square-centimetre rate refers to the dimensions of the artwork and is calculated in millimetres by multiplying the length of one edge by the length of a perpendicular edge. If a job is uploaded but not delivered to a publication but is in excess of 2 megabytes, we reserve the right to charge you for the excess data regardless of whether your job was delivered or not.
The Premium Membership attracts an annual membership fee. You will be charged automatically on the anniversary of your signup unless you contact us to cancel your account beforehand (see section 10. Termination).
A Standard Member is only able to send advertisements on a single-use basis. The cost of the advertisement is higher to include a higher level of support, but there is no annual membership fee.. There is no dimension or file size limit for casual jobs.
When you choose to have a file repaired using the automatic method (via the file report for a failed file), the amount/s shown on the report will be charged to your account when you authorise a correction. If the same correction is required for a replaced file, that correction will be charged a second time.
At your request, Adsend can manually modify advertising artwork and repair files that do not pass our validation. Our repair fees for each error type but may vary for complex corrections. If you ask us to build your artwork or repair your files, we will email you a quote and require you to email us with confirmation prior to us proceeding. Your account will be charged with notations regarding the extra work.
Adsend provides other professional services, hardware and software products for its clients. Other service fees are listed within the Adsend rate card, but if they are not we will provide these to you directly for your review and require written acceptance before proceeding.
Please refer to the Adsend rate card published for all late payment and administration charges on our website www.adsend.com.au. Adsend reserves its rights to change all rates and fees from time to time and are GST exclusive.
We will invoice you each month by email. There are two types of customer billing, credit card customers and account customers.
All new customer registrations start as credit card customers unless prior arrangements have been made with our credit department. Upon registration you will be asked to fill out your credit card details.
If you are a Premium Member, jobs created during a month will be charged at the rate which applies to you and deducted from your credit card at the beginning of the month following. In addition to the charge per job, if you are a Premium Member, you will be charged the annual membership fee.
If you are a Standard Member, you will be charged each time you use the service.
Problems we encounter with credit cards being declined may result in an extra administrative charge being applied to your account.
If you wish to have credit account you must apply to the credit department and be approved prior to using the system. If you are on a credit card account and wish to change over to a credit account you must also apply to the credit department and be approved prior to your account being converted. Please note you must send a minimum of 20 jobs per month to be considered for an account.
In the case of credit accounts, you must pay the invoiced amount to us by company cheque, via EFT or online within the Adsend system via credit card as stated on tax invoice within 14 days of the date of our invoice. If you do not pay an invoice by the due date, we may suspend your account until you have paid. We reserve the right to apply a late payment charge per invoice, as well as collection fees if we engage a debt collection company. Accounts that are inactive for 12 months or more will be closed. Money in credit within these accounts will be voided. Account customers may be changed over to credit card at our discretion based on payment history. Problems we encounter with credit cards or cheques being declined will result in an extra administration charge being applied to your account.
Whenever a payment is not made after 30 days past as and when due then and until the full amount including accrued interest is paid, interest shall accrue and be payable upon the unpaid moneys at a rate being 4% higher than the rate of interest chargeable from time to time by NAB, from when payment is due.
Please refer to the Adsend rate card published for all late payment and administration charges on our website www.adsend.com.au. Adsend reserves its rights to change all rates and fees from time to time and are GST exclusive.
We define our service as receiving, testing and delivering your advertisement, although all three parts do not have to be completed for the service to be deemed complete. Adsend will happily refund any payments made where you have not used a service. If, for example, you register and pay for a service in Adsend but you DO NOT upload an advertisement, you are entitled to a refund if you request it. If you register and pay for a service in Adsend but you DO upload an ad, we will deem that the service has been delivered to you and you will not be entitled to a refund.
Adsend is an Internet-based technology. While we will make all reasonable efforts to ensure that Adsend is available 24 hours per day, 7 days per week, the nature of the Internet is such that this may not always be possible. We will endeavour give you prior notice by email of any scheduled maintenance to the system. We do not guarantee that you will be able to access Adsend at all times.
Adsend provides a technical mechanism for senders of advertisements to validate and send advertisements to publications. As part of this process, we pass each advertisement PDF file through a validator to determine whether it is of an appropriate technical standard for each publication listed as a job destination. The standards imposed by publishers of the listed publications for the PDF files they will accept may be different to those used by our validator.
If you are a sender of advertisements: Our validator is a reasonable guide but we do not guarantee your PDF advertisement(s) which you send using Adsend and which passes our validation will be accepted by the publication(s) to which you have sent the advertisement. There are many technical and mechanical reasons why an advertisement which is accepted by a publication may not print the way in which you intended. When Adsend indicates that an advertisement has been accepted, it means no more than that it has been received and processed by the publication. We cannot control what particular publications do with advertisements once they have been delivered by Adsend.
Hard proofing can be requested via the Adsend job ticket (or from the 'Extras' tab in your account). The size, colour and proof type is printed according to the uploaded ad and the information about the ad and proof selected and/or entered on the job ticket. Adsend is not responsible for a proof printed and delivered that is not correct. Estimated proof costs are immediately available to you and are deemed approved by you when you to choose to have a proof supplied. Regular charges will apply for additional proofs.
Certified Soft Proofing (CSP) can be requested via the Adsend job ticket and if you have pre-registered, purchased and received the recommended monitor calibrator, and use the service guidelines. The size, colour and monitor simulation is viewed on your calibrated monitor according to the uploaded ad and the information about the ad and publication selected and/or entered on the job ticket. Adsend is not responsible for a soft proof simulation result on your monitor and delivered that is not correct. CSP is a service offered to you to assist with the prediction of the advertisements finished printed result. If you use the CSP tool, you accept this service is used as a guide only and does not warrant you to make any claim against the publisher if the printed result is different to the CSP simulated result.
If you are a receiver of advertisements, we do not guarantee that advertisements received using Adsend will be suitable for publication according to your technical and mechanical requirements for Portable Description File(s) (PDF).
The Adsend Client Service Team is available as follows;
Australia
7am and 11pm Monday to Friday AEST, excluding Australian National Public Holidays.
The team can be contacted by online chat, email or telephone.
chat: Adsend Live Chat
email: support@adsend.com.au
telephone: 1300 366 156 or +61 3 9690 2488
In addition, Adsend Client Services provide weekend telephone support for business critical issues only. This service is available on Saturday and Sunday between 9:00am and 5:00pm AEST.
New Zealand
9am and 11pm Monday to Friday NZST, excluding NZ National Public Holidays.
The team can be contacted by online chat, email or telephone.
chat: Adsend Live Chat
email: support@adsend.co.nz
telephone: +64 9 309 4433
(a) All express and implied conditions, warranties or liabilities (including liability as to negligence) regarding the condition, accuracy, suitability or quality of, or title to, Adsend are negated and excluded.
(b) We give no condition, warranty, undertaking or representation in relation to the condition, accuracy, suitability or quality of, or title to, Adsend (including any software comprising it or data contained in or supplied in relation to it or reports generated or produced by or with the aid of it).
(c) You acknowledge and agree that we are not liable for any loss or damage, including special, incidental, consequential loss or damage, which in any way results from your use or non-use of Adsend (including as a result of any malfunction, breakdown or error in Adsend).
(d) You will indemnify us and keep us indemnified against all and any demands, claims, actions and proceedings whatsoever and howsoever arising made by any third person in connection with or arising out of your use of Adsend and all and any losses, costs, expenses and damages whatsoever and howsoever incurred by us in connection with or arising out of a breach by you of any provision of this Agreement.
(e) You acknowledge that we are not responsible for your purchase or licence of any software, device, equipment or other thing which may, or might be required to be used to, cause or assist the operation of Adsend to function, and you must look solely to the licensors, vendors, or owners of software, device, equipment or other thing to obtain any licence or rectify any defect, and You will indemnify us and keep us indemnified against all and any demands, claims, actions and proceedings whatsoever and howsoever arising made by any third person in connection with or arising out of your use of Adsend and all and any losses, costs, expenses and damages whatsoever and howsoever incurred by us in connection with or arising out of your use of the same.
We may immediately terminate this Agreement if you breach any term or condition of this Agreement or any provision of this Agreement is held invalid by a court or is severed by operation of law.
We may terminate this Agreement for any reason by giving you 14 days notice by email in writing. You may terminate this Agreement at any time by notice to support@adsend.com.au or support@adsend.co.nz in writing.
On termination, we may:
(a) recover from you the amount of any direct loss or damage sustained as a result of the termination, subject to the restrictions set out these terms and conditions;
(b) be regarded as discharged from any further obligations under these terms and conditions; and
(c) pursue any additional or alternative remedies provided by law.
On termination you will:
(a) cease to use Adsend, including without limitation any software or documentation;
(b) uninstall the software; and
(c) destroy all copies of any Adsend software; or
(d) return to us any documentation and the software.
You may not assign, transfer, encumber, mortgage or licence all or any part of this Agreement or any of your rights, benefits or obligations under it in any way without our prior written consent. We may assign any of its rights, benefits or obligations under this Agreement to any other person.
Failure or neglect by either party to enforce at any time any of the provisions of this Agreement is not to be construed or deemed to be a waiver of that party's rights under this Agreement.
This Agreement is governed by and to be construed in accordance with the laws of Victoria, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
You acknowledge that in agreeing to enter into these terms and conditions you have not relied on any representation, warranty or other assurance except those set out in these terms and conditions.
If we are unable to perform its obligations under these terms and condition by reason of the occurrence of an event beyond the reasonable control of us (including without limitation war, Act of God, insurrection or revolution), then these terms and conditions shall remain binding on the parties but the party unable to perform its obligations shall be excused from the performance of such obligations for the period equivalent to the delay caused by the event.
These terms and conditions do not create any relationship of partnership, agency, trust or joint venture between you and us.
This document contains the entire understanding between the parties as to the licence and use of Adsend. The expiration or termination of this Agreement does not affect the rights of either party against the other in respect of anything done or omitted to be done under this Agreement prior to the expiration or termination or any sums or other claims outstanding at the time of expiration or termination. A reference to a person includes a reference to a firm, corporation or other corporate body.