smartAds
Advertising Terms & Conditions
This agreement is between RJ Chester Pty Ltd trading as Smart Ads (ACN 634 263 960) and the Advertiser named in the Order Form. It covers the display of advertising material on sites owned or controlled by Smart Ads.
Agreement Overview
- The Advertiser rents advertising panels from Smart Ads to display their material.
- These Terms and the Order together make up the full agreement.
- The Terms apply to the current and all future Orders.
- Any changes must be agreed in writing by both parties.
Campaigns
- Smart Ads will display the Advertiser’s material on the specified panels, in the manner and time period described in the Order.
- Advertisers cannot transfer their rights to another party without written consent.
- Smart Ads may transfer its rights to third parties that manage advertising at the site.
Advertising Material
- Advertisers must provide material that meets Smart Ads’ size, format, and quality requirements.
- Material must be delivered at least 3 business days before a digital campaign.
- Material must comply with all relevant laws, advertising standards, and codes of practice.
- Smart Ads may reject or remove material that is misleading, offensive, unlawful, or breaches third-party rights.
If the Advertising Standards Board (or similar authority) rules material as unacceptable, Smart Ads will remove it. The Advertiser must provide an alternative, but no refund will apply.
Live advertising:
- Advertisers must supply artwork in the correct format and resolution.
- If delays are caused by the Advertiser, the campaign may be extended by the same number of days delayed.
- If delays are Smart Ads’ fault, the Advertiser can extend the campaign or request a partial refund.
- Removed creative may be kept in place until replaced; removal fees apply if the Advertiser requests earlier removal.
Digital Panels
- Share of Voice refers to the percentage of time material is displayed on a digital screen.
- If material cannot be displayed for more than 2 hours in a week, the Advertiser will receive a credit for the lost time.
- Smart Ads does not guarantee competitor ads will not appear alongside the Advertiser’s content.
Payment Terms
- Payment must be made as outlined in the Order.
- GST is added unless the price is inclusive.
- Advertisers may authorise direct debit for Rent, Design or Set up Fees, and GST.
- Smart Ads can terminate the agreement for non-payment after 2 days’ notice. The Advertiser must then pay for displayed ads and unpaid fees.
Late payments incur 2.5% interest per month. Agency commission is only valid if invoices are paid on time.
Cancellations & Liability
- Smart Ads is not responsible for delays or cancellations caused by factors beyond its control such as power or internet outages.
- If required by a site owner or government authority to remove ads, Smart Ads may cancel the Order without liability.
Warranties & Indemnities
Advertisers confirm that:
- They are authorised to enter the agreement and will pay all fees.
- Their material complies with laws, codes, and industry standards.
- They have all intellectual property rights for the material.
Advertisers indemnify Smart Ads against claims, costs, or damages relating to the advertising material, including breaches of warranty.
Termination
- Smart Ads may immediately terminate if the Advertiser breaches major obligations (e.g. warranties or digital display rules).
- If Smart Ads’ agreement with a site owner ends, the agreement automatically ends. Smart Ads may offer an alternative site or credit.
- Advertisers cannot cancel for convenience.
Governing Law
This agreement is governed by the laws of Victoria, Australia. Both parties submit to the jurisdiction of courts in Melbourne and the Federal Court of Australia sitting in Victoria.
Key Definitions
- Advertiser: The person or entity named in the Order.
- Advertising Material: The ad content supplied by the Advertiser.
- Business Day: Any day except Saturday, Sunday, or public holidays in Melbourne, Victoria, Australia
- Panel: A digital or static advertising display.
- Rent: The fee for displaying ads, as set out in the Order.
- Printing/Installation Fees: Fees listed in the Order.
- Share of Voice: The percentage of display time on digital panels.
- Site: The physical location of the advertising panels.
- Site Owner: The legal owner of the site.
- Term: The campaign duration listed in the Order.