Sponsorship Terms and Conditions

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  1. Terms of Trade
    1. These terms of trade set out the contractual basis upon which the Publisher will provide goods and/or services to the Sponsor.
    2. The Publisher’s invoices, quotes and order form are incorporated into and form a part of these terms.
  2. Definitions
    1. “Publisher” shall mean the Christian Media Hub (ABN 99 805 831 664) its successors and assigns or any person acting on behalf of and with the authority of the Christian Media Hub.
    2. “Sponsor” shall mean the organisation purchasing advertising from the Publisher (or any person acting on behalf of and with the authority of the Sponsor) as described on any quotation, Order Form, work authorisation or other form as provided by the Publisher to the Sponsor.
    3. “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Sponsor on a principal debtor basis.
    4. “Goods” shall mean any Goods supplied by the Publisher to the Sponsor (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the Order Forms, invoices, quotes, order confirmations, work authorisation or any other forms as provided by the Publisher to the Sponsor.
    5. “Services” shall mean all Services supplied by the Publisher to the Sponsor and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
    6. “Price” shall mean the price payable for the Goods as agreed between the Publisher and the Sponsor in accordance with clause 6 of this contract.
  3. The Competition and Consumer Act 2010 (“ACL”) and Fair Trading Acts (“FTA”)
    1. Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the ACL or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
  4. Application of these terms and conditions to consumers
    1. Clause 8 (Warranty) shall NOT apply to the Sponsor where the Sponsor is purchasing Goods or Services not for resale or hire where the Price of the Goods or Services does not exceed $40,000, or where the Price of the Goods or Services does exceed $40,000 and are of a kind ordinarily acquired for personal, domestic or household use or consumption, or where the Sponsor is in any other way a consumer within the meaning of the ACL or the FTA of the relevant state or territories of Australia.
  5. Acceptance
    1. Any instructions received by the Publisher from the Sponsor for the supply of Goods and/or the Sponsor’s acceptance of Goods supplied by the Publisher shall constitute acceptance of the terms and conditions contained herein.
    2. Where more than one Sponsor has entered into this agreement, the Sponsors shall be jointly and severally liable for all payments of the Price.
    3. Upon acceptance of these terms and conditions by the Sponsor the terms and conditions are binding and can only be amended with the written consent of the Publisher.
    4. The Sponsor shall give the Publisher not less than fourteen (14) days prior written notice of any proposed change of ownership of the Sponsor or any change in the Sponsor’s name and/or any other change in the Sponsor’s details (including but not limited to, changes in the Sponsor’s address, facsimile number, or business practice). The Sponsor shall be liable for any loss incurred by the Publisher as a result of the Sponsor’s failure to comply with this clause.
  6. Price And Payment
    1. The Price shall be either:
(a) as indicated on invoices provided by the Publisher to the Sponsor in respect of Goods supplied; or
(b) the Publisher’s quoted Price (subject to clause 6.2) which shall be binding upon the Publisher provided that the Sponsor shall accept the Publisher’s quotation in writing within thirty (30) days.
    2. The Publisher reserves the right to change the Price in the event of a variation to the Publisher’s quotation.
    3. At the Publisher’s sole discretion a deposit may be required.
    4. Time for payment for the Goods shall be of the essence and will be stated on the Invoice, Order Form or any other forms. If no time is stated then payment shall be due fourteen (14) days following the date of the invoice.
    5. Payment will be made by cheque, or by bank cheque, or by credit card, or by direct credit, or by any other method as agreed to between the Sponsor and the Publisher.
    6. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
  7. Delivery Of Goods
    1. At the Publisher’s sole discretion delivery of the Goods shall take place when:
(a) the Publisher publishes the advertising; or (b) the Sponsor takes possession of the Goods at the Publisher’s address; or
(c) the Sponsor takes possession of the Goods at the Sponsor’s nominated address (in the event that the Goods are delivered by the Publisher or the Publisher’s nominated carrier); or
(d) the Sponsor’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Sponsor’s agent.
    2. The Publisher may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
    3. The failure of the Publisher to deliver shall not entitle either party to treat this contract as repudiated.
    4. The Publisher shall not be liable for any loss or damage whatever due to failure by the Publisher to deliver the Goods (or any of them) promptly or at all due to circumstances beyond the control of the Publisher.
  8. Warranty
    1. The Sponsor warrants that all materials, data and information submitted to the Publisher for publication complies with all relevant rules and regulations for publication of such materials, data and information and will not give rise to any claims or liability against the Publisher, including but not limited to breach of copyright, infringement of trade marks, breach of the ACL or defamation. The Sponsor indemnifies the Publisher from any such claims or liability.
    2. The Publisher warrants that all goods sold are free from defects in materials and workmanship as at the date of dispatch by the Publisher. To the extent permissible by law, the Publisher excludes all representations or warranties not expressly set out in these terms.
    3. To the extent permissible by law, the Publisher’s liability for breach of any warranty set out in these terms or any warranty which the Publisher is not entitled to exclude is limited to, at the option of The Publisher the:
(a) replacement of the goods, or
(b) refund of the cost of the relevant goods.
    4. You may exercise your rights under this clause by notifying the Publisher in writing at PO Box 974, Orange NSW 2800 (0419-611 981).
    5. The benefits provided to you by the warranties contained in this clause are in addition to other rights and remedies available to you under the law.
    6. The Publisher’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure or for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
    7. You acknowledge and agree that the Publisher has made no warranty or representation that the goods are suitable for any purpose or application.
  9. Intellectual Property
    1. Where the Publisher has designed, drawn or written Goods for the Sponsor, then the copyright in those designs and drawings and documents shall remain vested in the Publisher, and shall only be used by the Sponsor at the Publisher’s discretion.
    2. The Sponsor warrants that all designs or instructions to the Publisher will not cause the Publisher to infringe any patent, registered design or trademark in the execution of the Sponsor’s order and the Sponsor agrees to indemnify the Publisher against any action taken by a third party against the Publisher in respect of any such infringement.
  10. Default & Consequences of Default
    1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
    2. If the Sponsor defaults in payment of any invoice when due, the Sponsor shall indemnify the Publisher from and against all costs and disbursements incurred by the Publisher in pursuing the debt including legal costs on a solicitor and own client basis and the Publisher’s collection agency costs.
    3. Without prejudice to any other remedies the Publisher may have, if at any time the Sponsor is in breach of any obligation (including those relating to payment), the Publisher may suspend or terminate the supply of Goods to the Sponsor and any of its other obligations under the terms and conditions. The Publisher will not be liable to the Sponsor for any loss or damage the Sponsor suffers because the Publisher has exercised its rights under this clause.
    4. If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
    5. Without prejudice to the Publisher’s other remedies at law the Publisher shall be entitled to cancel all or any part of any order of the Sponsor which remains unfulfilled and all amounts owing to the Publisher shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to the Publisher becomes overdue, or in the Publisher’s opinion the Sponsor will be unable to meet its payments as they fall due; or
(b) the Sponsor becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Sponsor or any asset of the Sponsor.
  11. Cancellation
    1. The Publisher may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Sponsor. On giving such notice the Publisher shall repay to the Sponsor any prepaid sums for Goods not yet supplied. The Publisher shall not be liable for any loss or damage whatever arising from such cancellation.
    2. The Publisher does not accept advertising from organisations that produce or provide tobacco, alcohol or pornographic products or services (which the Publisher shall have complete discretion to define), or their subsidiaries, or foundations funded by such organisations whose function is to improve acceptance of such products by the public. This Agreement will be terminated effective immediately if the Sponsor fails to disclose (or conceals or misrepresents) any involvement with tobacco, alcohol or pornographic products or services. In addition, the Publisher may in its complete discretion refuse the use of any other sponsorship that it deems to be inappropriate.
    3. The Sponsor may cancel any contract to which these terms and conditions apply by the giving of 28 days notice in writing or payment in lieu of the equivalent of 28 days fees as set out in the Order Form.
    4. In the event that the Publisher’s invoice, quote or order confirmation requires a deposit on the quoted amount for the provision of the Goods to be paid prior to filling the order, if the delivery of the Good is subsequently cancelled by the Sponsor after the deposit has been paid they forfeit the deposit paid to the Publisher. The deposit retained by the Sponsor under this clause will include and incorporate the cancellation fee set out at clause 11.1 above.
  12. Privacy Act 1988
    1. The Sponsor and/or the Guarantor/s agree for the Publisher or its agent to obtain from a credit reporting agency a credit report containing personal credit information about the Sponsor and Guarantor/s in relation to credit provided by the Publisher.
    2. The Sponsor and/or the Guarantor/s agree that the Publisher may exchange information about the Sponsor and the Guarantor/s with those credit providers either named as trade referees by the Sponsor or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by Sponsor; and/or
(b) to notify other credit providers of a default by the Sponsor; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Sponsor is in default with other credit providers; and/or
(d) to assess the credit worthiness of Sponsor and/or Guarantor/s.
    3. The Sponsor consents to the Publisher being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
    4. The Sponsor agrees that personal credit information provided may be used and retained by the Publisher for the following purposes and for other purposes as shall be agreed between the Sponsor and Publisher or required by law from time to time:
(a) provision of Goods; and/or
(b) marketing of Goods by the Publisher, its agents or distributors in relation to the Goods; and/or
(c) analysing, verifying and/or checking the Sponsor’s credit, payment and/or status in relation to provision of Goods; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Sponsor; and/or
(e) enabling the daily operation of Sponsor’s account and/or the collection of amounts outstanding in the Sponsor’s account in relation to the Goods.
    5. The Publisher may give information about the Sponsor to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Sponsor; and/or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Sponsor.
  13. Security And Charge
    1. Despite anything to the contrary contained herein or any other rights which the Publisher may have howsoever:
(a) where the Sponsor and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Sponsor and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Publisher or the Publisher’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Sponsor and/or the Guarantor acknowledge and agree that the Publisher (or the Publisher’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
(b) should the Publisher elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Sponsor and/or Guarantor shall indemnify the Publisher from and against all the Publisher’s costs and disbursements including legal costs on a solicitor and own client basis.
(c) the Sponsor and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Publisher or the Publisher’s nominee as the Sponsor’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.
  14. Personal Property Securities Act 2009 (PPSA)
    1. The Sponsor agrees and acknowledge that these Conditions: constitute a security agreement for the purposes of the PPSA; and create a security interest in all goods previously supplied to the Sponsor by the Publisher (if any) and all goods that will be supplied to the Sponsor in the future by the Publisher.

The Sponsor undertakes to: promptly sign any further documents and/or provide any further information which the Publisher may reasonably require to: register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; (ii) register any other document required to be registered by the PPSA; or (iii) correct a defect in the statement referred to in this clause.(iv) indemnify and upon demand reimburse, the Publisher for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any goods charged thereby; (v) not register a financing change statement in respect of a security interest without the prior written consent of the Publisher; (vi) not register, or permit to be registered, a financing statement or a financing change statement in relation to the goods in favour of a third party without the prior written consent of the Publisher; (vii) immediately advise the Publisher of any material change in its business practices of selling the goods which would result in a change in the nature of proceeds derived from such sales; and (viii) immediately advise the Publisher of any proposed change in the Sponsor’s name and/or any other changes in the Sponsor’s details.

  1. The Sponsor agrees that sections 96, 115 & 125 of the PPSA do not apply to the security agreement created by these Conditions.
  2. The Sponsor hereby waives the Sponsor’s rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) & 132(4) of the PPSA.
  3. The Sponsor waives your rights as a grantor and/or a debt or under sections 142 & 143 of the PPSA.
  4. Unless otherwise agreed to in writing by the Publisher, the Sponsor waives the Sponsor’s right to receive a verification statement in accordance with section 157 of the PPSA.
  5. The Sponsor must unconditionally ratify any actions taken by the Publisher under this clause.
  1. Limitation of liability
    1. Except as expressly provided in these Conditions, to the maximum extent permitted by law the Publisher shall not be liable to the Sponsor by way of indemnity or by reason of any breach of these Conditions or any statutory duty or any common law duty for any direct, punitive, exemplary, special, indirect or consequential loss or damages suffered by the Sponsor.
    2. The Sponsor indemnifies the Publisher against all claims, losses, costs, suits or expenses for damage to property or injury to or death of any person arising from the goods or their use or application.
    3. This clause does not exclude or modify any condition or warranty implied into the contract or these terms of sale by any law (including the Competition and Consumer Act, 2010 (Cth)) where to do so would contravene that law or cause any part of this clause to be void.
    4. To the maximum extent permitted by law, the Publisher excludes all conditions and warranties implied into these terms of sale and limit its liability for breach of any non-excludable condition and warranty, at the Publisher’s option, to: in respect of Goods: repairing the relevant Goods; (ii) paying the cost of having the relevant Goods repaired; (iii) request the return of the Goods and tender to the Sponsor the purchase price paid by the Sponsor; or (iv) resupplying the relevant Goods or equivalent Goods; (b) in respect of Services, resupplying the relevant Services.
    5. The Publisher’s total liability under any contract and these terms of sale shall not exceed the total dollar amount of the Goods and/or Services purchased by the Sponsor under the contract.
    6. The Parties agree that if any limitation or exclusion of liability under these terms of sale is held to be invalid under any applicable statute or rule of law, it will to that extent be omitted.
  2. Guarantee
    1. The person noted at the end of this agreement (the Guarantor) guarantees to the Publisher the Sponsor will comply with all its obligations under this Agreement at the time they should be complied with.
      1. The Guarantor agrees that they are liable for all of the Sponsor’s obligations to the Publisher under this Agreement. For the avoidance of doubt the Guarantor acknowledges that the Publisher is entitled to pursue the Guarantor for any of the obligations of the Sponsor that arise under this Agreement.
      2. The Guarantor agrees to indemnify the Publisher for any loss or costs the Publisher suffers or incurs as a result of the Sponsor not complying with its obligations under this Agreement.
      3. The guarantee and indemnity in this clause is a continuing guarantee and indemnity and the guarantees do not come to an end until released in writing by the Publisher.
      4. The Guarantor agrees and acknowledges that the guarantee they are providing under this Agreement operate even if the Sponsor ceases trading or becomes insolvent, or any agreement between the Publisher and the Sponsor is or becomes unenforceable for any reason or if the Publisher does not act promptly to enforce its rights under this Agreement.
      5. The Guarantor acknowledges that for the purposes of providing this guarantee the Publisher may obtain from any credit reporting agency a credit report containing personal information about the Guarantor and that the Publisher will have the right to report the Guarantor to a credit rating authority should they default under the guarantee.
      1. General
        1. The Publisher provides no guarantee of their audience at any given time. The Publisher shall not be held liable for any claims related to published or unpublished listener/audience statistics.
        2. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
        3. These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
        4. The Sponsor shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Sponsor by the Publisher.
        5. The Sponsor may not assign this agreement, in part or in whole, without the Publisher’s prior written consent.
        6. The Publisher may license or sub-contract all or any part of its rights and obligations without the Sponsor’s consent.
        7. The Sponsor agrees that the Publisher may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Publisher notifies the Sponsor of such change.
        8. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
        9. The failure by the Publisher to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Publisher’s right to subsequently enforce that provision.

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