My Business Finder – T& C for Advertiser

1. Basis of Agreement

1.1 The Advertiser agrees that the following Terms and Conditions apply to every supply of goods and services between My Business Finder and the Advertiser.

1.2 The Advertiser is taken to accept this agreement by:

(a) signing the Booking Form were indicated and returning a copy to My Business Finder.

(b) requesting or continuing its advertisement on the Listing platforms, or

(c) oral acceptance of the agreement.

2. Terms of Engagement

This agreement continues until either party gives notice to terminate the agreement in accordance with Section 10.

3. Publication by My Business Finder

3.1 Subject to the terms set out in this agreement, and in consideration for the Fees, My Business Finder will publish the Advertiser’s content on the listing platforms covering the areas, in accordance with the Advertising Schedule.

3.2 The Advertiser acknowledges that the listing platforms are local directories that are subject to local content requirements and the Advertiser’s Business Premises must be located in the Area (as determined by My Business Finder) in which the Advertiser wishes its content to be advertised.

3.3 The Advertiser must inform My Business Finder of any change to the location of its Business Premises within 14 days.

3.4 My Business Finder may, at its sole discretion, impose or alter any requirements regarding:

  1. the areas within which the Advertiser’s advertisement will be placed.
  2. the number of businesses of a similar nature to the Advertiser which may advertise within each Area.
  3. the frequency of the publication of the Advertiser’s content on the listing platforms.
  4. the Advertiser’s advertisement size, the content that is permitted, how it is placed onto listing platforms and whether it is included on a listing platform.
  5. pricing and pricing structure.
  6. alterations to the boundaries of any area, which may or may not result in a change in the size of the area and the number of homes located within that area.
  7. the delivery method of the listing magazine.
  8. the frequency and schedule of delivery of the listing magazine and listing platforms.
  9. ceasing the coverage of an area on the listing platforms.
  10. the branding requirements for Advertisers and Business Categories on the listing platforms.
  11. the scarcity requirements, being the number of businesses in each Business Category advertised on the listing platforms in each Community Area.
  12. the determination of Business Categories and the requirements of Advertisers in each Business Category, including the job items and content included and excluded, the booking requirements, the advertisement size, and the listing platforms content rules.

 

4. Payment

4.1 All payments must be made by an approved Credit Card or Direct Debit authority or Electronic Funds Transfer (EFT) An approved Credit Card or Direct Debit authority is required to be eligible for My Business Finder Long-term Advertiser discounts.

4.2 Payments will be processed monthly on the scheduled due date, prior to publication on the listing platforms. My Business Finder reserves the right to change the scheduled due date by written notice.

4.3 My Business Finder reserves the right to terminate this agreement immediately by written notice if the Advertiser fails to pay the Fees in accordance with this agreement.

4.4 The Advertiser acknowledges and agrees that any Fees paid pursuant to this agreement are non-refundable.

4.5 The Advertiser agrees that it will reimburse My Business Finder for any costs incurred by My Business Finder in enforcing payment of any amounts outstanding on the Advertiser’s account.

5. Content of Advertisements

5.1 All final advertising content, including print artwork, will be produced by My Business Finder to ensure it complies with My Business Finder own standards. This may include meeting the listing platform branding, content, and category requirements, including but not limited to amendments to ensure the accuracy of the content such as seasons, times and rolling over special offer expiry dates.

5.2 My Business Finder reserves the right to refuse or amend any content or artwork that is produced by the Advertiser.

5.3 My Business Finder reserves the right to alter the format and size of any content to be published on the listing platforms.

5.4 The Advertiser must notify My Business Finder of any changes it wishes to make to content in accordance with the deadlines provided to the Advertiser and as detailed in the monthly Advertiser update e-newsletter.

5.5 Prior to publishing any content on the listing platforms, My Business Finder will take reasonable steps to confirm with the Advertiser the accuracy and currency of any content and that the appropriate authorities have been obtained from the subject, owner, or both, of the content. The Advertiser acknowledges that My Business Finder is not responsible for any errors or omissions contained in the content published on the listing platforms or for any failure by the Advertiser to obtain the appropriate authorities from the subject, owner, or both, of any content published.

5.6 The Advertiser acknowledges that it is the Advertiser’s responsibility to regularly review any of its content published on the listing platforms and to notify My Business Finder of any errors or omissions contained in the content.

5.7 To the extent that the Advertiser owns or has a licence in respect of any intellectual property rights in the information provided to My Business Finder, the Advertiser provides My Business Finder with a perpetual, irrevocable, non-exclusive licence to use, modify and communicate any such intellectual property in relation to the provision of services under this agreement.

5.8 The Advertiser acknowledges that My Business Finder may in its absolute discretion:

  1. postpone the publication of any advertisement on the listing platforms.
  2. refuse or withdraw the publication of any advertisement if any amounts remain outstanding to My Business Finder on any account.

6. Code of Conduct

6.1 The Advertiser acknowledges that the My Business Finder Code of Conduct is required to maintain the integrity and success of the listing platforms for the benefit of all our users which include Customers and Advertisers. An individual Advertiser that breaches the Code of Conduct does so to the detriment of all other Advertisers.

6.2 The Advertiser agrees to:

  1. be courteous and friendly.
  2. refrain from engaging in any discriminatory or offensive behaviour, in all interactions with Customers and My Business Finder staff and to otherwise comply with any code of conduct prescribed by My Business Finder.

6.3 The Advertiser agrees to:

  1. deliver excellent service and always display professional workmanship.
  2. provide a written quote and receipt when requested.
  3. honour any price quote submitted to a customer unless there is a change in the size or scope of work.
  4. be punctual for any appointments made with a customer to provide quotes or complete any agreed work.
  5. complete any work for which a deposit has been taken or a promise to complete has been given.
  6. provide every effort to do what is advertised.
  7. honour special offers as advertised.
  8. refrain from posting any illegitimate reviews or inducing any person to post any illegitimate reviews.
  9. use all reasonable efforts to satisfactorily resolve any Customer complaint that comes to the attention of My Business Finder and is subsequently raised with the Advertiser.

6.4 The Advertiser will not engage in any activity that may infringe any State or Commonwealth law in its dealings with Customers and My Business Finder staff.

7. Warranties from Advertiser

7.1 The Advertiser represents and warrants that, in relation to any information provided to My Business Finder to be included in the listing platforms:

  1. the information is true and correct and not misleading or deceptive in any way.
  2. the information is not defamatory or malicious in relation to any service, product, person, or corporation.
  3. the Advertiser is authorised to provide the material.
  4. the provision of any content is not in breach of any intellectual property laws and the appropriate authority (where required) has been obtained from the subject, owner, or both, of the content.
  5. the information does not constitute ‘passing off’.
  6. the provision of the information and its publication on the listing platforms does not infringe any State or Commonwealth statute.

7.2 The Advertiser warrants that it understands and will comply with the locality and scarcity requirements of My Business Finder (as described in Section 3) and the Advertiser will notify My Business Finder of any change that may affect the Advertiser’s ability to comply with these requirements.

7.3 The Advertiser warrants that it:

  1. is a registered business and has an ABN.
  2. will perform its services for Customers in accordance with legislative and industry standards.
  3. holds all licences and registrations relevant to its business activities being advertised on the listing platforms.
  4. has and will maintain appropriate insurances for the business activities being advertised on the listing platforms.

8. Intellectual Property

8.1 My Business Finder reserves all intellectual property rights in relation to all content and design including trademarks, text, images, audio, and video files found on the listing platforms.

8.2 The Advertiser may not reproduce, copy, modify or publish any material contained on the listing platforms without the permission of My Business Finder.

8.3 The Advertiser acknowledges that any breach of this Section 8 may cause damage to My Business Finder who reserve the right to seek relief, injunctive or otherwise, against the Advertiser in such an instance.

8.4 The Advertiser may promote that it is a My Business Finder approved business during the term of engagement with My Business Finder. My Business Finder grants the Advertiser a limited, non-exclusive, revocable, non-transferable licence for the term of engagement to use the My Business Finder logo on the Advertiser’s website, in promotional materials and marketing materials for that purpose.

9. Limiting Liability and Indemnity

9.1 To the extent permitted by law, My Business Finder will not be liable to the Advertiser for any claims arising out of any disputes between the Advertiser and Customers for any loss or damage suffered as a result of an advertisement not being published on any of the listing platforms.

9.2 To the extent that My Business Finder is liable under this agreement, then My Business Finder’ cumulative liability (whether in contract, tort, indemnity or statute) shall in no event exceed the proportion of the Fees paid by the Advertiser which are attributable to the advertisement that is the subject of the claim.

9.3 The Advertiser indemnifies and will keep indemnified, My Business Finder for any loss or damages suffered by My Business Finder because of, or attributable to, the publication of the advertisements, the conduct of the Advertiser or the performance by My Business Finder of the services that are the subject of this agreement, including loss or damages arising from any breach of any of the terms of this agreement.

10. Termination and Breach

10.1 Subject to Section 10.2, either party may elect to terminate this agreement upon providing 60 days’ written notice to the other party.

10.2 The Advertiser cannot terminate this agreement pursuant to section 10.1 until the expiry of any initial fixed term specified in the Listing Form.

10.3 If the Advertiser:

  1. breaches any of the terms of this agreement
  2. fails to comply with My Business Finder’ publication requirements (including those set out in Section 3)
  3. fails to comply with My Business Finder’ Code of Conduct
  4. My Business Finder reserves the right to suspend or terminate this agreement without further notice.

10.4 Upon termination of this agreement, the Advertiser must pay any outstanding monies owed to My Business Finder and must immediately cease use of the My Business Finder logo.

11. Dispute Resolution

11.1 If a dispute arises between the parties in relation to the interpretation of this agreement or the rights of any party under this agreement (Dispute), a party must not commence court or arbitration proceedings relating to the Dispute unless that party has participated in the dispute resolution procedures set out in this Section 11.

11.2 A party claiming that a Dispute has arisen must give a written notice specifying the nature of the Dispute (Dispute Notice) to the other party.

11.3 If a party gives a Dispute Notice:

  1. within ten Business Days of the giving of a Dispute Notice, the parties must meet in good faith with a view to resolving the Dispute.
  2. no party may commence court or arbitration proceedings in respect of the Dispute until five Business Days after the date on which the parties first meet.
  3. if the parties are unable to resolve the Dispute within five Business Days of first meeting, any party to the Dispute may then commence court or arbitration proceedings in respect of the Dispute.

11.4 Notwithstanding the existence of a Dispute, each party must continue to perform its obligations under this agreement.

12. Alteration to Terms and Conditions

12.1 My Business Finder reserves the right to amend the Terms and Conditions contained in this agreement.

12.2 My Business Finder will notify the Advertiser in writing 30 days prior to the amended Terms and Conditions coming into effect.

13. Privacy

13.1 My Business Finder collects information provided by the Advertiser, some of which may be considered ‘personal information’ pursuant to the Privacy Act 1988 (Cth), to assist in the provisions of goods and services to the Advertiser and to improve My Business Finder services.

13.2 The Advertiser acknowledges and agrees to its personal information being dealt with in accordance with My Business Finder Privacy Policy.

13.3 The Advertiser has the right to access and alter its personal information in accordance with the Privacy Act 1988 (Cth).

13.4 If the Advertiser provides a testimonial to My Business Finder in relation to any services provided by My Business Finder (including the listing platforms), the Advertiser consents to My Business Finder using that testimonial for marketing and advertising purposes, without payment to the Advertiser.

14. Governing Law and Jurisdiction

This agreement is governed by and construed in accordance with the laws of Western Australia and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Western Australia and the courts competent to determine appeals from those courts, with respect to any proceedings which may be brought at any time relating to this agreement.

15. Confidentiality

The Advertiser may not disclose the contents or terms of this agreement, or any information or documents supplied by My Business Finder to the Advertiser in relation to My Business Finder finances and affairs, pricing, contracts, and any other information that is deemed confidential by My Business Finder, without the prior consent of My Business Finder.

16. Tax

Unless expressly stated to the contrary all amounts expressed in this agreement are exclusive of GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)). If a party (Supplier) is obliged to pay an amount of GST for a taxable supply made by the Supplier to another party (Recipient) under this agreement, the Recipient must pay the Supplier an amount equal to the GST payable on the supply by the Supplier, at the same time as the consideration otherwise payable by the Recipient for the supply.

17. Whole Agreement

This document is the entire agreement and understanding between the parties relating to the subject matter of this agreement and supersedes any prior agreement, representation (written or oral) or understanding on anything connected with that subject matter.

18. Definitions

18.1 ‘Advertiser’ means the company stated in the Booking Form.

18.2 ‘Advertising Schedule’ means the schedule at which the listing is published and delivered in the areas and the community website is updated.

18.3 ‘Booking Form’ means the My Business Finder Booking Form.

18.4 ‘Business Category’ means the classification of the Advertiser’s business according to the service offered by that business.

18.5 ‘Business Premises’ means the physical premises from which the Advertiser operates its business.

18.6 ‘Community Area’ means the geographical area within which the Advertiser’s content will be published (as stated in the Booking Form or as otherwise notified to the Advertiser).

18.7 ‘My Business Finder Magazine’ means the printed directory produced by My Business Finder in relation to a Community Area.

18.8 ‘Community Platform’ includes the Community Magazine, the My Business Finder’ Community Website and other platforms established by My Business Finder.

18.9 ‘Customers’ means customers who engage the Advertiser through the use of the Community Platform.

18.10 ‘Fees’ means all fees payable by the Advertiser pursuant to this agreement (as stated in the Booking Form or as otherwise notified to the Advertiser).

18.11 ‘Parties’ means the parties to this agreement, being the Advertiser and My Business Finder.