“Activity Dates” means the duration for which Rock Posters will allocate Site(s) for the display of the Client’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 concerning advertising and marketing material in Australia.
“Artwork” means the graphic designed poster artwork file(s) delivered to Rock Posters in the required specification for Production.
“Booking Contract” means the Key Terms, these Terms and Conditions, and any document annexed to this Booking Contract 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 provided to Rock Posters for Production.
“Fee” means the total amount payable under this Booking Contract for the Products and Services described herein, 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 will allocate the display of the Client’s posters for the Campaign, subject to the terms of this Booking Contract.
“Material Deadline” means the 8th clear business day prior to the start of the Activity Dates of the Campaign as listed in the Key Terms of the Booking Contract.
“Media” collectively means the Rock Posters Site(s) allocated for affixing and displaying the Client’s posters 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 which payment 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 Booking Contract.
“Site” means the part of a property that is subject to a lease by Rock Posters for the display of advertising posters in the Market listed in the Key Terms of the Booking Contract.
2. Products & Services
In consideration of payment of the Fee, Rock Posters shall provide to the Client the Media as described in the Key Terms, subject to the terms of this Booking Contract.
(a) The Fee must be paid by the Client to Rock Posters by the Payment Due Date. In the event Rock Posters issues a notice of late payment to the Client that is not remedied within 7 days of such notice, the Fee shall 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 late payment, then the Client shall be liable for any costs incurred by Rock Posters in engaging a Debt Collector, in addition to the unpaid debt.
4. Artwork & Creatives
(a) The Client must take necessary steps to ensure that the Artwork provided to Rock Posters for Production complies with:
i. Advertising Standards; and
ii. The design specifications as outlined in the Rock Posters Artwork Spec Sheet which can be downloaded from the Rock Posters website under the ‘Services’ page.
(b) If, in the opinion of Rock Posters, the Artwork does not meet Advertising Standards, then upon notification to the Client by Rock Posters, the Client shall rectify such Artwork and deliver new file(s) to Rock Posters prior to the Material Deadline.
(c) If, in the opinion of Rock Posters, the Artwork either does not meet Advertising Standards or is not delivered to Rock Posters to the required design specifications, then Rock Posters reserves the right to revise the Fee with respect to Production Billings as required. If Artwork changes are required past the Material 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 to review 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 the Key Terms above. If the Client wishes to increase the number of Creatives provided for Production, they must do so prior to the Material Deadline and the Fee shall be subject to review for changes made to the Production.
(f) Rock Posters cannot guarantee delivery of Production for the start of Activity Dates where Material Deadlines are not met by the Client.
5. Cancellation or Rescheduling of Campaign
(a) If the Client cancels the Booking and Rock Posters has already commenced Production, the Client shall pay to 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 Posters 50% 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 Posters with 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 any rescheduled 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. For the 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 local laws or regulations, the preferences of the Lessor of a Rock Posters Site, or if in Rock Posters’ opinion it is 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 by reason 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 failure or delay, an Act of God, communicable disease or civil commotion, governmental or court ordered laws, or other causes of a similar nature beyond the reasonable control of the parties hereto (each an “event of Force Majeure”), and such event prevents the rescheduling of the Campaign without unreasonable disadvantage to 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 to be) liable in damages in respect of the obligations herein, or in default of this Booking Contract for delay or failure to perform any obligation hereunder.
(f) Notwithstanding clause 5(e), in the event of delays caused by inclement weather, or an event of Force Majeure, Rock Posters may either cancel, or shall use its best endeavours to reschedule the Campaign where possible, and where production has not yet commenced and the Material Deadline is not yet reached, the Fee will be refundable to the Client. In such circumstances, Rock Posters otherwise reserves the right to retain the Fee where Production has commenced, and the Material Deadline has passed.
6. Warranties & 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 the Activity Dates, claims, losses, damage, or fines incurred as a result of the Client’s poster Artwork not complying with Advertising Standards.
ii. Rock Posters will not be held responsible for any delays to the Activity Dates caused by the Client’s breach of the Material Deadline set by Rock Posters for the delivery of the Client’s Artwork to Rock Posters, or for any delays caused due to design specifications not being met by the Client to enable Production.
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 all reasonable legal costs), whether in contract, tort or under statute or otherwise, directly, or indirectly as a result of the Client’s breach of any provision or warranty of this Booking Contract, or Client’s violation of any applicable law or regulation or the rights of any third party.
By signing this Booking Contract, the Client acknowledges that it has read, understood, and agrees to the terms and conditions set out herein.