Terms & Conditions

  1. Terms and conditions

In these terms and conditions any reference to "we", "us" and "our" (or anything similar) is a reference to FE Money Management Pty Limited (ACN 622 785 246) and any reference to “you” or “your” (or anything similar) is a reference to you, our client. 

These terms and conditions govern the advertisement of any creative content on our Website or in our Publications.  If you advertise any creative content on our Website or in our Publications you agree to by bound by these terms and conditions

  1. Creative content
    1. 1. If you supply us (directly or indirectly) with creative content (in any form) for inclusion in our Website or any of our Publications then you:
  1. will be responsible for all aspects of the production of the creative content;
  2. will ensure that your creative content is up to date, accurate and not misleading or deceptive;
  3. will ensure that you supply us in a timely manner with any additional information that is reasonably required by us in connection with the creative content;
  4. will ensure that your creative content will not be offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable or in any way unsuitable to persons under the age of eighteen (18) years; 
  5. will ensure that your creative content complies with all applicable legal requirements (including laws, codes of conduct, industry codes and standards of practice);
  6. warrant that your creative content is not fraudulent, defamatory and does not infringe the intellectual property (including moral) rights, confidentiality rights, or privacy rights of any person;
  7. unless the creative content is your original work (refer to (h)) below) you must procure (in writing) on yours and our behalf all licenses, clearances, permissions, consents and releases in respect of the copyright material, or third party intellectual property rights that is included in the creative content, sufficient to permit our use, reproduction, publication, adaptation and modification of the creative content on our Website and any of our Publications, for all purposes;
  8. if the creative content supplied is your original work then you grant to us a royalty free, transferable license to use, reproduce, publish, adapt and modify the creative content on our Website and any of our Publications, for all purposes.  You must procure the consent of the holder of any moral rights in any copyright material subsisting in the creative content that is necessary or incidental to these purposes;
  9. acknowledge that any creative content submitted by you will be treated by us as non-confidential;
  10. must not in connection with the creative content insert or knowingly or recklessly transmit or distribute a virus into our network and computer systems so as to cause harm to our systems or our Website
  11. must not in connection with the creative content use any robot, spider, scraper, or other automated means to access our Website; and
  12. must not in connection with the creative content conduct any web scraping, web harvesting, web data (including meta-data) extraction, or any other data scraping from our Website;
    1. 2. We give no assurances or representations regarding the placement or grouping of any creative content on our Website or any of our Publications and we are not bound to publish any such creative content on our Website or in any of our Publications until accepted by us or by our authorised representatives.
    2. 3. Notwithstanding any other provision of these terms and conditions, we reserve the right to not publish and / or to suspend the publication of any creative content on our Website or our Publications, if in our opinion:
  1. you are or are likely to be in breach of any term of these terms and conditions;
  2. the publication of the creative content is not in our interests; or
  3. the creative contains a 'link' to another website, of which we do not approve.
    1. 4. We may specify dates / milestone by which you must supply us with your creative content and other required information with respect to any advertising on our Website or any of our Publications and you agree to comply with those dates / milestones.  If you do not supply us with the creative content and other information by the due date / milestones specified, we may (at our discretion), among other rights, insert previous material or alternatively charge you for the space that has been booked.  If the creative content you supply does not comply with our requirements and specifications, we may rectify or adapt the creative content so as to enable the material to comply however, where this is done, you must pay us for the work carried out at rates specified in our Rate Card plus loading of 25% + GST. 
    2. 5. You acknowledge and agree that we may enhance your business listing on our Website by including content accessible from your website (including text, images and video clips).  If we do any of these things, you represent and warrant to us (at all times whilst we make the content accessible on our Website) that you either own or have the right to grant a license to us in such content, consent to our use, reproduction, publication, adaptation and modification of such content (without acknowledgment or attribution) for these purposes. 
    3. 6. At your request, we can supply you with statistical reports about the performance of your online advertising campaign on our Website.  If you would like to track the performance of your campaign by using your own advertisement server, we will accept your redirect code.  By giving us your redirect code, you undertake to promptly give us access to the reports generated by your advertising server for your campaign on our Website. 
  1. Pricing and payment
    1. 1. You agree to pay the advertising and other fees for any creative content advertised on our Website or in our Publications as specified in our Rate Card (in Australian dollars). The Rate Card is subject to change at any time and without notice but we will not retrospectively change our advertising and other fees.
    2. 2We will send you a tax invoice in relation to the supply of any goods or services in relation to this agreement and unless otherwise agreed, you must pay the amount specified in our tax invoice within the time period specified in the tax invoice (if no time is specified then you must pay within 7 days of issue).   If you do not pay the full amount within the time required, we may (among other remedies and without prejudice to our other rights) remove your creative content from our Website or Publications and stop any other work that we may be doing for you.  You agree that we may recover the outstanding amount specified in the invoice together with interest, our legal costs, bank fees and charges, any other expenses (including fees and commission or other amounts we pay to any collection agency to act on our behalf) incurred in attempting to recover the amount due.
    3. 3. Unless otherwise specified in the relevant tax invoice, all amounts quoted in the relevant tax invoice are GST inclusive.
    4. 4. We may charge interest on any overdue amounts at the rate of 12% per annum calculated daily on the outstanding balance from the due date until and including the date payment is actually received.
  2. Advertising rescheduling
    1. 1. Unless otherwise agreed, you may supply only one piece of creative content per unit type (e.g. banner, tile, button, micro-button, factsheet) per month or per segment. Creative changes are at our discretion and are limited to one change per week. If you supply rich media creative content, we require up to 5 additional working days to test it before it will appear on our Website.
    2. 2. Subject to availability and paragraph 4.3, creative content bookings may be rescheduled if communicated to us in writing at least 30 days prior to the material deadline. 
    3. 3. You may reschedule your creative content advertising booking however, you may be liable to pay a rescheduling fee (in addition to the original booking fee) as specified in the table below (Rescheduling Fee) in Australian dollars.  The Rescheduling Fee is calculated as a percentage of the original booking fee by reference to the number of days notice you give us in writing before the material deadline: 

Calendar days notice given before material deadline 

Rescheduling Fee (if the rescheduled date of delivery remains the same month or moves forward) 

Rescheduling Fee (if the rescheduled date of delivery moves back to the proceeding month) 

Rescheduling Fee (if the rescheduled date of delivery moves back further than the proceeding month) 

More than 90

 + 0% 

 +10% 

 +25% 

30 – 90

 + 10%

 + 40% 

 +75% 

Less than 30

 + 40%

 + 60%

 +100% 

  1. Advertising cancellations

Website and Publications advertising

  1. 1. Advertisement bookings for Websites and Publications may be cancelled if communicated to us in writing however, if you request a booking to be cancelled then you agree to pay the cancellation fee (Cancellation Fee) in Australian dollars, as specified in the table below.  The Cancellation Fee is calculated as a percentage of the original booking fee (depending on how many days notice you give us in writing before the material deadline): 

Calendar days notice given before material deadline 

Value of booking charged as Cancellation Fee 

More than 90

0% 

30 – 90

75%

Less than 30

100% 

  1. Account access / advertising agents
    1. 1. We may authorise your advertising manager / agent to book advertising space (with respect to creative content) on our Website via third party service providers / third party hosted platforms.  Where we authorise this, you agree:
  1. to procure the advertising agent’s compliance with these terms and conditions;

 

  1. that you are responsible for the acts and omissions of your advertising agent;

 

  1. further to clause 2.1(l), you must not (directly or indirectly) including by procuring any other party (including your advertising manager / agent) copy, reproduce, adapt or use any meta-data relating to or connected with the creative content advertised on our Website. However, nothing in this sub-clause (or in clause 2.1(l)) is intended to and nor does it restrict your ability to deal with any meta-data collected directly from any actual or prospective customer landing on and accessing your website.
  1. Intellectual property
    1. 1. Copyright in our Website and our Publications (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means
  1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of our Website or our Publications; or
  2. commercialise any information, products or services obtained from any part of any of our Website or our Publications,

without our prior written consent.

  1. 2. Except where otherwise specified, any word or device that attaches the ™ or ® symbol is a registered trade mark.  If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trademarks:
  1. in or as the whole or part of your own trademarks;
  2. in connection with activities, products or services which are not ours;
  3. in a manner which may be confusing, misleading or deceptive;
  4. in a manner that disparages us or our information, products or services.
    1. 3. You may not without our prior written consent on-sell, license or commercialise in any way any content, material or other information obtained from our Website or any of our Publications.
  1. Indemnity and limitation
    1. 1. To the maximum extent permitted by law, you indemnify us, including our servants, contractors and agents against all actions, claims, demands, damages, files, penalties and costs (including the cost of defending or settling any action, claim or demand) that incur, directly or indirectly, actually or prospectively, as a result of or in connection with a breach by you of these terms and conditions.
    2. 2. You indemnify us, against any bank fees and charges that we are liable to pay arising from any dishonored payments and any legal or other debt collection costs we incur in order to obtain payment of any advertising fees payable by you.
    3. 3. Printer error, casual displacement, omission, inability or failure to publish an advertisement in our Website or any of our Publications does not invalidate our agreement with you.
    4. 4. Subject to paragraph 8.5 and 8.6, we do not accept responsibility for any loss or damage, however caused or arising (including through negligence), which you may directly or indirectly suffer or incur in connection with your use of our services (including the failure of your material to appear in any specified date or issue on our Website or any of our Publications).  If we are unable to publish the material for any reason, we will only be liable to you for a maximum refund of the amount you paid us for the publication of the material subject to a pro rata reduction to take into account the period of advertisement downtime experienced.
    5. 5. To the extent permitted by law (including where applicable the Australian Consumer Law) any condition or warranty which would otherwise be implied into these terms and conditions is excluded.  We will, to the extent we are required to, also comply with our obligations under the Australian Consumer Law.  
    6. 6. Despite any other provision in these terms and conditions to the contrary, nothing in these terms and conditions attempts or purports to exclude liability arising under statute (including under the Australian Consumer Law) if, and to the extent, such liability cannot be lawfully excluded.
  2. Data Protection
    1. 1. You must not (directly or indirectly) including by procuring any other party (such as your advertising manager / agent) to collect, use and / or disclose a subscriber’s personal information (including their contact details) other than for the sole purpose of responding to a subscriber’s specific query to you. 
    2. 2. If you want to use a subscriber’s personal information (including their contact details) for any other purpose (in addition to clause 9.1) then you must (and you undertake to us to) procure all necessary consent of the subscriber in accordance with all applicable laws, including the Privacy Act 1988 (Cth). 
  3. General provisions
    1. 1. These terms and conditions are governed by the laws in force in New South Wales, Australia.  You irrevocably and unconditionally agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia (and any court of appeal) in relation to or in connection with this agreement or any dispute arising out of this agreement. 
    2. 2. A provision of these terms and conditions that is illegal, invalid or unenforceable in a jurisdiction is ineffective in that jurisdiction to the extent of the illegality, invalidity or unenforceability.  This does not affect the validity or enforceability of that provision in any other jurisdiction, nor the remainder of this document in any jurisdiction.
    3. 3. If a time is not specified for the performance by a party of an obligation (including the payment of any amount) under these terms and conditions, it must be performed promptly.
    4. 4. We are not liable for any failure to perform or any delay in performing our obligations under these terms and conditions if that failure or delay is due to anything beyond our reasonable control, including without limitation war, terrorism, natural disasters and unavoidable incidents, actions of third parties (including without limitation hackers, suppliers, governments), mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage or inability to obtain supplies, materials or equipment, regardless of whether the circumstances in question could have been foreseen.
    5. 5. A consent or waiver by us is effective only if in writing.  If given subject to conditions, the consent or waiver only takes effect when the conditions are complied with to our satisfaction.
  4. Credit checks
    1. 1. We may collect, use and disclose personal information for the purposes of this agreement.  Where we collect, use and disclose personal information, we will comply with our obligations under the Privacy Act 1988 (Cth). 
    2. 2. We may in connection with this agreement require or procure a credit check or credit reference from a credit reporting body in order to assess your credit worthiness.  You consent and authorise us to procure such credit check or credit reference as we may reasonably require for the purposes of this agreement.
  5. Definitions and terminology
    1. 1. In these terms and conditions:
  1. “Australian Consumer Law” means the Australian Consumer Law under the Competition And Consumer Act 2010 (Cth);
  2. ‘personal information’ (which includes, sensitive information) has the meaning given in the Privacy Act 1988 (Cth); and
  3. “Publications” means any print publications including newsletters and bulletins owned or controlled by us.
    1. 2. In these terms and conditions, the following interpretation applies:
  1. the singular includes the plural and vice versa;
  2. headings are for convenience only and do not affect interpretation;
  3. other grammatical forms of defined words or expressions have corresponding meanings;
  4. a reference to a party to this document includes that party's successors and permitted assigns;
  5. a reference to a user, party or person includes a company, legal entity or body of persons;
  6. a reference to a deed, document or agreement includes that deed, document or agreement as novated, amended, altered or replaced;
  7. a reference to anything includes the whole or any part of that thing and a reference to a group of things or persons includes each thing or person in that group;
  8. dollars and $ refer to Australian currency unless otherwise specified;
  9. words implying natural persons include partnerships, bodies corporate and associations;
  10. a reference to legislation or statutory instrument or a provision of any legislation or statutory instrument includes modifications or re-enactments of the legislation or statutory instrument, or any legislative or statutory provision substituted for, and all legislation and statutory instruments and regulations issued under the legislation; and
  11. an expression not otherwise defined in this document has the same meaning as in the Acts Interpretation Act 1901 (Cth) or the equivalent State legislation, as applicable; and
  12. the words “include”, “including”, “for example” or “such as” are not used as, nor is it to be interpreted as, a word of limitation and when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind
    12.3. No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of, or seeks to rely on, these terms and conditions or any part of it.