Last updated: October 2022
Please read these terms and conditions carefully before using Our Service.
What the Company will do for the Customer:
Once the Agreement has been executed, the company will:
i) Provide the Customer with a copy of the Booking Order Form, Terms and
Conditions of Trade, Application for Credit, the Guarantee, Artwork
Deadline Dates and Distribution Maps.
ii) Create an advertisement for the Customer and send them an electronic
copy prior to the Artwork Deadline date for their approval.
iii) Publish and distribute the advertisement as per the Agreement.
iv) Publish advertising on Facebook, Negotiator Website and iPhone and
v) Provide an invoice to the Customer for the services provided.
What the Customer will do for the Company.
Once the Agreement has been executed, the Customer will:
i) Provide the Company with all artwork required to produce their
advertisement in a timely manner and prior to the Artwork Deadline date.
ii) Stipulate any artwork changes required and once satisfied, approve the
advertisement in writing.
iii) Once an invoice has been rendered, make payment in accordance with T&Cs.
These ‘Terms and Conditions Of Trade’ comprise the terms and conditions of trade between the Company and the Customer (“the T&Cs”). By executing a Booking Order Form and/or ‘Application For Credit Account’ with the Company, the Customer acknowledges having read, understood and agrees to be bound by the T&Cs.
1.1. In the T&Cs: -
“Account” means the sequence of debits and credits between the Customer and the Company.
“Advertisement(s)” means an advertisement(s) created/published by the Company under the Agreement.
“Agreement” means the Contractual Documents under which the Company provides the Customer with the Services.
“Artwork Deadline Date” means the date which is fourteen (14) business days prior to the Publication.
“Booking Order Form” means the form by which the Customer requests the Company to provide it with Advertisements.
“Company”, “Publisher” or “Secured Party” means The Coupon Magazine Group Pty. Ltd. (ACN 111 900 684).
“Contractual documents” means the Application for Credit Account, the Guarantee, the Booking Order Form and these T&Cs.
“Contra” means when the Publisher and the Customer agree to barter or exchange goods and/or services without cash changing hands
“Credit” means the provision of goods and/or services in exchange for future payment.
“Credit Account” means any account for Credit which records the sequence of debits and credits between the Customer and the Company.
“Credit Account Application” means the document by which the Customer requests the Company to provide it with a Credit Account.
“Customer,” “Advertiser” or “Grantor” means the entity requesting services from the Company.
“Default” means a breach of the terms of the Agreement.
“Editorial” means comment made the Company and included in the publication by the Company that is designed to inform or educate and is not created to endorse any advertised product or attempt to sell something.
“Forward Bookings” means bookings made at any time during or after the initial term of the Agreement.
“Guarantee” means an entity’s guarantee of the Customer’s obligations under the Agreement.
“Guarantor” and “Grantor” means the entity that has given a Guarantee.
“Order” means when a Customer requests the Company to provide services, and specifies the term.
“Overdue Account” is an Account which the Customer has not paid in time.
“Parties” means the Company, the Customer, and any Guarantor.
“Publication” is when the Company publishes an Advertisement in any medium.
“Publication Area” means the geographic region within which the Company publishes Publications.
“Services” means the Advertisement(s) the Order and the Publication.
“Standard Rates” means the amount payable for the Company’s services, before any discounted or negotiated rate is applied.
i) The Advertiser, where required by the Publisher, shall provide a completed Credit Application
form and where applicable also provide Directors and/or Personal Guarantees.
ii) The Company will grant Credit to a Customer on receipt and acceptance of a completed and
executed Credit Account Application and Guarantee at its sole discretion.
iii) The Publisher reserves the right to use the services of a credit-reporting agency
should credit facilities be required by the Advertisers.
iv) The Publisher will tender a combined monthly Tax Invoice/Statement that details all
current and overdue transactions. The advertiser shall pay in full the total monthly
Tax Invoice/Statement amount and
v) Where there is a written contract in place, payment to be made in accordance with
that contract and,
vi) Where the Advertiser is an Advertising Agent, within thirty (30) days from the Tax
Invoice/Statement date, or
vii) In all other cases, within fourteen (14) days from the Tax Invoice/Statement date.
viii) Credit facilities may be withdrawn or suspended on overdue accounts at the
Company’s discretion and without notice.
ix) If a Credit Account is suspended and/or revoked, the amount of the Account
becomes due and payable immediately by the Customer and Guarantor.
x) The Customer and Guarantor agree that they must make the payment required by
clause ix without any off set or deduction for any reason whatsoever.
Interest on Overdue Accounts:
The Advertiser is liable to pay the Company interest on any Overdue Account from the date(s) on which any account becomes due, at a rate of either: -
i) 12% per annum
ii) 8.% higher than the NSW Office of State Revenue money market rate; or
iii) 2% higher than the Company’s overdraft/other facility rate, whichever is the higher.
The Customer is liable to pay the Company an administration fee for each Overdue Account (from time to time) in an amount equal to the costs which are incurred by the Company.
i) The Advertiser agrees to indemnify the Company for all costs, losses, damages, and
expenses incurred by it in recovering an Overdue Account, or otherwise enforcing a
term of the Agreement, including legal costs on a full solicitor, client legal basis.
ii) The Customer undertakes that it is solely liable for the content of any
Advertisement, and agrees to indemnify the Company from any claim, loss,
damage, or expense (including legal costs on a full indemnity basis) incurred in
relation to the content of any advertisement.
i) In the event of a Default or breach of the Agreement, the Customer and Guarantor
irrevocably consent to the Company lodging a caveat over any of their real
i) In the event of a Contra, if the Advertiser fails to provide all or part of the service
that it has offered in return for the Publishers placement of advertisements in the
publication as agreed, the Advertiser shall be liable to pay for all advertisements at
the Publishers usual standard rate pus any damages incurred.
ii) The Publisher reserves the right to charge a late copy fee for material received
after the booking deadline for any publication.
iii) The Customer authorises the Company, and the Company may at its sole discretion,
change the manner of creation and delivery of the Services so long as the Services
remain substantially similar to the Service provided immediately prior to such
change. For example, the Company may use a different delivery method, or a
different quality or size of paper.
i) The Customer must provide to the Company an Order and all other relevant
material or instructions by the Artwork Deadline Date.
ii) The Publisher reserves the right to charge a late copy fee for material received
after the Artwork Deadline Date for any Publication.
iii) If Deadlines Clause i) is not complied with, the Publisher shall be entitled to insert
in that issue in its place copy previously used for the purposes of the order and to
apply the rate applicable to that advertising.
Requested Positions and/or Layouts:
i) Requested positions within the Publications are subject to the Publisher’s approval.
ii) The company will use its best endeavours to comply with any request however, is
not obliged to do so.
iii) Should the requested position be unavailable, the Advertiser is still liable for, at a
minimum, the base rate applicable to the advertisement.
i) The Negotiator Magazine will take all efforts to ensure its clients have product
exclusivity in their advertising, but makes no promises or guarantees in this regard.
ii) The Publisher will not be legally liable or accountable if there is a conflict of
products or services in any part of any of the Publisher’s publications.
iii) Where there appears to be a conflict of products or services, the Publisher will
make every effort to advise clients and give them the opportunity to change their
iv) Conflict between and individual store listed in a Shopping Centre advertisement and
another listed store or advertiser of similar product/ services in the same magazine
is not considered to be a breach of exclusivity.
v) The Negotiator Magazines are not responsible or liable for any advertisements
supplied directly by the Shopping Centre’s Centre Management.
vi) Please note that a search on the Negotiators Magazines website/app might result in
a display of multiple businesses of the same nature that are currently advertising in
their respective areas or edition. This is not considered to be a breach of
vii) The Customer remains liable to pay the Company without any offset or deduction.
Any forward bookings are subject to rate adjustments which may be introduced by the Publisher. Once notified of any variation, the Customer will be deemed to accept that variation during the term of the Agreement or any order after that notice.
Any dispute arising from any advertisement placed for publication with the Publisher must be lodged in writing with the Publisher within 7 days of the publication issue date.
Suspension of Services:
i) The facility exists for a client to temporarily suspend their advertising commitment
under the Agreement.
ii) In this instance the client must give 14 clear working days written notice before the
Artwork Deadline Date for the Publication of their intention to suspend their
iii) The client will be permitted one (1) suspension per contract period and the
suspension cannot extend beyond one editions before the commitment is resumed.
iv) The Customer’s Advertisement will automatically continue to Publication following
the expiration of the suspension Publication period, and the Agreement will be
automatically extended by the term of the suspension.
v) If, at the time the Customer is due to resume advertising and advertising space is
not available, the client will be so advised and informed of the next available
vi) The absence of available space does not absolve the client of their obligation to
their contract and this clause.
i) The Publisher will not accept a cancellation of the order whether in whole or in part
a minimum of 14 working days prior to publication date; or where in respect of
any series of advertising, copy for any issue is not received by the Publisher by the
appropriate deadline date.
ii) All cancellations must be in writing to the Publisher.
iii) If clause i) is not complied with, the Publisher shall be entitled to insert in that
issue in its place copy previously used for the purposes of the order and to apply
the rate applicable to that advertising.
iv) Where a negotiated loyalty rate or discounted rate has been applied, and the client
elects to repudiate/cancel the contract, cancellation fees will apply. The cancellation
rate will apply calculated on 90% of the card rate plus GST, OR the discounted rate
already applied plus GST whichever is the lower for the remainder of the term
already agreed upon.
v) The Parties agree that these percentages are a genuine pre-estimate of the
Company’s’ loss arising by virtue of the early termination of the Agreement.
vi) The Company may, on 30 days’ notice, terminate this Agreement for convenience. If
the company so elects and provides the notice, the Customer releases and
discharges the Company from any and all liability, claim, loss or damage.
vii) The Customer and Guarantor must immediately pay all monies due and owing to the
Company without set off or deduction of any kind.
Contravention of Law:
The Publisher may at its discretion, refuse to accept any advertising material, the publication of which may, in its opinion contravene any provision of the Trade Practices Act, 1974 or any subsequent Act or amendment to the Act which may from time to time become applicable.
i) The Customer warrants that it does not rely on any representation as to the effect
that the Agreement may have on the Customers’ business.
ii) The Publisher offers no guarantees as to responses or the success or otherwise of
any advertisements placed in its magazines.
iii) No responsibility is accepted by the publisher for the accuracy of any information
contained in any articles or advertisements
Company’s’ right to utilise Customers’ Advertising Material/Intellectual Property:
i) The Publisher reserves the right to use any copy, images or photographs supplied
by any means by the Advertiser, either directly, by consent or provided by the
Publisher on behalf of the Advertiser.
ii) The Advertiser hereby indemnifies and agrees to hold indemnified the Publisher,
its servants, and agents and each of them against all liability, claims or
proceedings whatsoever which may arise from the publication of any material
pursuant to the Order.
iii) In particular, but without limiting the generality of the foregoing to indemnify and
hold indemnified each and all of them against any action for defamation, slander of
title, breach of copyright or infringement of any trade mark, name or description,
invasion of any trade mark, name or description, invasion of privacy or breach of
any provision of the Trade Practices Act, 1974.
iv) All artwork supplied by the Company or its subsidiaries remains the property of the
v) The Company owns all rights, title and interest in any intellectual property
developed by the Company under the terms of the Agreement.
vi) Advertisements sent for approval will be in low resolution and under no
circumstance will any artwork or advertisements be provided to any Customer in
high resolution without the written authorisation of the Company.
vii) In such case, a negotiated fee may apply.
The provision of an editorial does not form a part of this agreement and shall be provided at the absolute discretion of the Publisher.
i) The T&Cs take precedence over any term of the Contractual Documents which are
or may not be consistent with them.
ii) The Contractual Documents comprise the entirety of the Agreement between the
iii) The Customer warrants that they have not relied on any representation or any other
matter that is not included in the Contractual Documents.
The Advertiser hereby agrees that all or any litigation that arises from this agreement, either for civil claims, damages, or breach of contract, shall be subject to the laws of, and jurisdiction of the appropriate courts in the state of New South Wales and shall be heard in New South Wales.
Any clause, or part of a clause, in these T&C’s may be severed by a Court of competent jurisdiction, without having any effect on the remaining clauses, or rights and obligations as between the parties.
If you have any questions about these Terms and Conditions, You can contact us:
- By visiting this page on our website: https://www.nmags.com/contact/