rev033015 AUSTRALIAN BOSS MAGAZINE TERMS

AUSTRALIAN BOSS MAGAZINE
TERMS & CONDITIONS
BOSS News Network, LLC
AGREEMENT made by and between BOSS News Network, LLC (“BOSS”) a Limited Liability Company and
advertiser or advertiser’s agency or PR firm (“Advertiser”). Any reference in this Agreement to
Advertiser applies as well to advertiser’s agency or PR firm. This Agreement, in addition to the applicable
rates, terms and conditions set forth in the BOSS email confirmation, shall govern the terms and
conditions pursuant to which BOSS shall provide advertising services to Advertiser in any of BOSS’s
Publications, (the “Publication” or “Publications”), unless otherwise provided.
1. Advertiser shall provide artwork and copy to BOSS, if required by BOSS, 7 calendar days ahead of the
date that the Publication is scheduled to be published. Should Advertiser fail to provide artwork or
copy within the specified deadline, Advertiser shall remain liable for the full cost as agreed per the
BOSS email confirmation.
2. BOSS does not guarantee that changes received later than 7 calendar days prior to Publication will
be incorporated in that Publication, or that all requested changes will be made if in BOSS’s sole
judgment, it is impractical to do so. Should Advertiser fail to provide amended copy or approve the
requested changes to BOSS within the specified time, BOSS may publish an unapproved
advertisement and such advertisement shall be deemed to have been approved by Advertiser.
3. Advertiser shall pay for its advertisements at the rates set forth in the BOSS email confirmation.
Rates may change from time to time; revised rates will apply to any advertisements placed following
the date of change.
4. Invoices are due for payment upon acceptance of BOSS email confirmation. All invoices 30 days past
due will be charged interest at a rate of 12% per annum (1% per month) of outstanding amount until
payment is received in full. All amounts owed to BOSS from Advertiser shall become immediately
due and payable in the event that Advertiser is in breach of any of these terms and conditions. In
the event of non-payment of any amount due to BOSS from Advertiser, BOSS shall be entitled to
exercise a lien against Advertiser. If any amount due is turned over to collection, then Advertiser
agrees to pay to BOSS all reasonable fees and costs incurred for the collection of the amount owed.
5. Advertiser, Advertiser’s Agency or Advertiser’s PR firm if applicable, shall be jointly and severally
liable for the payment of all bills and charges incurred in connection with this Agreement.
Advertiser authorizes BOSS to bill the Advertiser’s Agency or Advertiser’s PR firm, if applicable. If
BOSS bills Advertiser’s Agency and/or PR firm, in no way does that impair the joint and several
liability of Advertiser, Agency and/or PR firm. Payment by Advertiser to Agency or PR firm for
services rendered by BOSS shall not discharge Advertiser’s liability to BOSS. The rights of BOSS shall
in no way be affected by any dispute or claim between Advertiser and/or Advertiser’s Agency or PR
firm.
6. Advertiser represents and warrants that they are authorized to publish the advertisements and that
Publication by BOSS will not violate the personal or proprietary rights of any third party or any law
or governmental regulation. Advertiser will indemnify and hold harmless BOSS, its employees and
representatives from and against any loss, expense, or liability (including attorney’s fees) arising out
of the Publication or distribution of such advertising, including without being limited to claims of
defamation, infringement of third party rights, or violation of any federal, state or local law, statute,
ordinance or regulation.
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7. Cancellations will be considered and a refund may be payable, on the basis that cancellation is
provided to BOSS in writing no less than 14 business days prior to scheduled publication date.
Cancellations within 14 business days of scheduled publication will not be accepted.
8. BOSS, at its sole discretion, may terminate its relationship with Advertiser for any breach of this
Agreement, including but not limited to non-payment. Should BOSS terminate its relationship with
Advertiser, all charges shall immediately become due and payable.
9. BOSS does not guarantee any given level of circulation, readership or traffic.
10. BOSS News Network is a leading digital news company and does not engage in any print mediums.
11. BOSS’s liability for any error by BOSS in published advertisements shall be limited to providing
Advertiser a credit for a fair and reasonable portion of the charge of said advertisement as
determined by BOSS, provided that the error is brought to BOSS’s attention no later than 5 business
days after the advertisement first appears. If a proof of the advertisement was provided to or
reviewed by the Advertiser, advertiser’s Agency or advertiser’s PR firm, BOSS shall have no liability
whatsoever.
12. In no event shall BOSS be liable to advertiser, advertiser’s agency, advertiser’s PR firm or any other
party or parties for damages of any kind arising from advertiser’s placement of an ad, including but
not limited to direct, indirect, special or consequential damages or lost profits.
13. Advertiser’s property and artwork is provided to BOSS at Advertiser’s risk. All software and
intellectual property created by BOSS in connection with any advertisement shall become and
remain the property of BOSS. Advertiser agrees that BOSS has the non-exclusive right to re-publish
or re-use in whole or in part any advertisements submitted in any form in any BOSS publication that
is now in existence or developed hereafter.
14. BOSS is not responsible for any inadvertent or legally compelled disclosure of advertising
information.
15. Any individual executing this Agreement on behalf of the Advertiser ascertains that they are
authorized to undertake the obligations set forth within on behalf of the Advertiser. In the case of
BOSS, no change or variation from the terms and conditions set forth herein is authorized without
the prior written consent of an Executive of BOSS. It is Advertiser’s responsibility to ascertain that
such written consent has occurred before relying on any change or variation hereto. If this
Agreement is executed by an agent of Advertiser, said agent represents that it is authorized to
execute this Agreement on behalf of Advertiser and to bind Advertiser to the obligation set forth
herein.
16. Upon your acceptance of the BOSS email confirmation, you will receive an opt-in subscriber account
to receive the publication at no charge.
17. In the event the BOSS email confirmation conflicts with any term of this Agreement, the terms set
forth in the BOSS email confirmation shall be deemed to apply.
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