Definitions
“Activity Dates” means the duration for which Rock Posters will allocate Site(s) for the display of theClient’s Campaign Artwork, as listed in the Key Terms subject to the terms of this Booking Contract.
“Advertising Standards” means any applicable codes, initiatives, rules, regulations, or laws concerningadvertising and marketing material in Australia.
“Artwork” means the graphic designed poster artwork file(s) delivered to Rock Posters in the requiredspecification for Production.
“Booking Contract” means the Key Terms, these Terms and Conditions, and any document annexed to this BookingContract between Rock Posters and the Client.
“Campaign” means the Client’s advertising campaign named in the Key Terms of this Booking Contract.
“Cancellation Date” means the date upon which the Client seeks to cancel the Booking with Rock Posters.
“Client” means the entity or individual named in the Key Terms of this Booking Contract.
“Creatives” means the number of single versions of a Client’s Campaign poster Artwork agreed to be providedto Rock Posters for Production.
“Fee” means the total amount payable under this Booking Contract for the Products and Services describedherein, being the Production and the Media provided for the Client’s Campaign by Rock Posters, plus GST,subject to the terms of this Booking Contract.
“Market” means the geographic location of the Site(s) listed in the Key Terms for which Rock Posters willallocate the display of the Client’s posters for the Campaign, subject to the terms of this BookingContract.
“Material Deadline” means the 8th clear business day prior to the start of the Activity Dates of the Campaignas listed in the Key Terms of the Booking Contract.
“Media” collectively means the Rock Posters Site(s) allocated for affixing and displaying the Client’sposters produced by Rock Posters for the Campaign, and the Production.
“Payment Due Date” means the day upon which the number of days listed in the Key Terms expires and by whichpayment of the Fee by the Client must be made to Rock Posters.
“Production” means the printed posters produced by Rock Posters for the Campaign in the format described,including the number of Creatives, and number of posters produced as listed in the Key Terms of the BookingContract.
“Site” means the part of a property that is subject to a lease by Rock Posters for the display of advertisingposters in the Market listed in the Key Terms of the Booking Contract.
Products and Services
In consideration of payment of the Fee, Rock Posters shall provide to the Client the Media as described inthe Key Terms, subject to the terms of this Booking Contract.
Fees
(a) The Fee must be paid by the Client to Rock Posters by the Payment Due Date. In the event Rock Postersissues a notice of late payment to the Client that is not remedied within 7 days of such notice, the Feeshall become immediately payable and may be deferred to a Debt Collector.
(b) If Rock Posters is required to recover any part of the Fee due under this Booking Contract due to latepayment, then the Client shall be liable for any costs incurred by Rock Posters in engaging a DebtCollector, in addition to the unpaid debt.
Artwork and Creatives
(a) The Client must take necessary steps to ensure that the Artwork provided to Rock Posters for Productioncomplies with:
i. Advertising Standards; and
ii. The design specifications as outlined in the Rock Posters Artwork Spec Sheet which can be downloaded fromthe Rock Posters website under the ‘Services’ page.
(b) If, in the opinion of Rock Posters, the Artwork does not meet Advertising Standards, then uponnotification to the Client by Rock Posters, the Client shall rectify such Artwork and deliver new file(s) toRock Posters prior to the Material Deadline.
(c) If, in the opinion of Rock Posters, the Artwork either does not meet Advertising Standards or is notdelivered to Rock Posters to the required design specifications, then Rock Posters reserves the right torevise the Fee with respect to Production Billings as required. If Artwork changes are required past theMaterial Deadline, Rock Posters reserves the right to also charge an additional loading as required.
(d) All Artwork must be delivered to Rock Posters by the Material Deadline. The Fee shall be subject toreview by Rock Posters where Material Deadlines are not met.
(e) The number of Creatives to be provided to Rock Posters for the Campaign has been agreed and noted in theKey Terms above. If the Client wishes to increase the number of Creatives provided for Production, they mustdo so prior to the Material Deadline and the Fee shall be subject to review for changes made to theProduction.
(f) Rock Posters cannot guarantee delivery of Production for the start of Activity Dates where MaterialDeadlines are not met by the Client.
Cancellation or Rescheduling of Campaign
(a) If the Client cancels the Booking and Rock Posters has already commenced Production, the Client shall payto Rock Posters 100% of the Fee plus any courier costs, within 7 days of the Cancellation Date.
(b) If the Client cancels the Booking before Production has commenced, the Client shall pay to Rock Posters50% of the Fee within 7 days of the Cancellation Date.
(c) If the Client wishes to reschedule the Booking, they may do so without penalty by providing Rock Posterswith 14 days’ notice. Where a Client provides Rock Posters less than 14 days’ notice but more than 48 hours’notice of a reschedule, the Client shall pay 50% of the Fee in addition to the full fee payable for anyrescheduled booking. Where a client provides Rock Posters with less than 48 hours’ notice of a reschedule,the client shall pay 100% of the Fee in addition to the full fee payable for any rescheduled booking. Forthe avoidance of doubt, any re-printing of Production required will incur additional costs.
(d) Rock Posters may cancel the Booking if the Artwork to be used in the Campaign conflicts with any locallaws or regulations, the preferences of the Lessor of a Rock Posters Site, or if in Rock Posters’ opinion itis not in the best interests of Rock Posters to continue the Booking.
(e) In the event Rock Posters is prevented from carrying out its obligations under this Booking Contract byreason of events beyond its reasonable control including, without limitation, an act of war, riot, strike,lockout, national mourning, national act of terrorism, fire, flood, national transportation or grid failureor delay, an Act of God, communicable disease or civil commotion, governmental or court ordered laws, orother causes of a similar nature beyond the reasonable control of the parties hereto (each an “event ofForce Majeure”), and such event prevents the rescheduling of the Campaign without unreasonable disadvantageto Rock Posters, or deems it impossible to perform this Booking Contract for a continuous period of 30 days,then Rock Posters has the right to terminate this Booking Contract without Rock Posters being (or deemed tobe) liable in damages in respect of the obligations herein, or in default of this Booking Contract for delayor failure to perform any obligation hereunder.
(f) Notwithstanding clause 5(e), in the event of delays caused by inclement weather, or an event of ForceMajeure, Rock Posters may either cancel, or shall use its best endeavours to reschedule the Campaign wherepossible, and where production has not yet commenced and the Material Deadline is not yet reached, the Feewill be refundable to the Client. In such circumstances, Rock Posters otherwise reserves the right to retainthe Fee where Production has commenced, and the Material Deadline has passed.
Warranties and Indemnity
(a) The Client acknowledges and warrants that:
i. Rock Posters will not be held responsible for any delays to the commencement of the Campaign on theActivity Dates, claims, losses, damage, or fines incurred as a result of the Client’s poster Artwork notcomplying with Advertising Standards.
ii. Rock Posters will not be held responsible for any delays to the Activity Dates caused by the Client’sbreach of the Material Deadline set by Rock Posters for the delivery of the Client’s Artwork to RockPosters, or for any delays caused due to design specifications not being met by the Client to enableProduction.
iii. The Artwork supplied to Rock Posters for Production does not infringe the rights of any third party.
iv. It fully indemnifies Rock Posters and holds each of its directors, officers, employees, contractors,agents, lessors, and licensors harmless from any loss, damage, proceeding and costs (including allreasonable legal costs), whether in contract, tort or under statute or otherwise, directly, or indirectly asa result of the Client’s breach of any provision or warranty of this Booking Contract, or Client’s violationof any applicable law or regulation or the rights of any third party.
General
By signing this Booking Contract, the Client acknowledges that it has read, understood, and agrees to theterms and conditions set out herein.