These terms and conditions (the “Terms”) are entered into between Gourmet Ads Pty Limited (“Gourmet Ads”) and the Advertiser and/or Agency (“Customer”) for the purpose of advertising services on the Gourmet Ads network.
These Terms and Conditions, together with the relevant Advertising Insert Order / Media Plan, represent the entire agreement between Gourmet Ads and the Customer for the duration of the agreement.
- If the Customer is an Agency, then the Agency represents and warrants that;Advertiser has authorized the Agency to enter into this Agreement on Advertiser’s behalf and to represent the Advertiser within the scope of this Agreement, and upon request provide Gourmet Ads an Agency of Record statement, and
b. Advertiser agrees to be bound by the terms of this Agreement, including but not limited to paying Gourmet Ads for advertisements delivered pursuant to this Agreement and any corresponding advertising orders. These Terms shall be deemed incorporated by reference into any Advertising Order submitted by the Customer.
- Gourmet Ads will provide an Advertising Insert Order / Media Plan to the Customer for each advertising campaign for publication subject to these terms and conditions. Gourmet Ads is not obliged to supply Advertising Services set out in Advertising Insert Order / Media Plan the Insertion Order until The Custom has signed the Insertion Order.
- Each Advertising Insert Order / Media Plan will be subject to the payment terms detailed on the Advertising Insert Order / Media Plan.
- Gourmet Ads requires the Customer to submit a completed Credit Application Form for approval, prior to commencing the campaign. In cases where the Credit Application is not approved by Gourmet Ads, a pre-payment (determined by Gourmet Ads Management) will be required to be made, prior to the advertising campaign commencing.
- Advertising creative is to be supplied as per the Gourmet Ads specifications, which complies with the IAB standard sizes – see https://www.gourmetads.com/ad-specs/
- Advertising creative must be received by Gourmet Ads at least 3 business days prior to the advertising campaign start date as per the Advertising Insert Order / Media Plan. If Advertising Creative is received within 3 business days of the Customer’s Advertising campaign start date, the campaign start could be delayed.
- Gourmet Ads do not accept any responsibility for errors in the advertising material that has been supplied by the Customer.
- Gourmet Ads requires all Advertising Creatives supplied by the Customer to be Platform Audited in order to run on Gourmet Ads. The Audit costs to Gourmet Ads for each Advertising Creative is USD$1.00. The Advertising Insert Order / Media Plan indicates the number of Creative Audits provided during the Campaign start and finish dates. After this allowed number has been exhausted, the Customer will be charged an overage fee of USD$1.00 per creative.
- The Customer warrants that the advertising material supplied complies with all relevant laws and regulations and the publication of the Advertising Creative will not give rise to any claims or liabilities against Gourmet Ads, our publishers, directors, employees or agents.
- Gourmet Ads may at its absolute discretion, refuse or withdraw any advertisement from the network without reason. If advertisements are refused, then no fees associated with the advertisement will be charged. We reserve the right to refuse or withdraw your advertisement from publication at any time.
- Cancellation of any Advertising Insert Order / Media Plan by the Customer which have commenced must be received in writing by Gourmet Ads no less than 21 days before the commencement date for a 100% refund. Cancellations after this date will be subject to a minimum cancellation fee of 50% of the total cost of the entire campaign.
- The Customer indemnifies Gourmet Ads; our directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from the publication of the advertising material on the Gourmet Ads.
- Interest at the rate of 5% per month (calculated daily) will be accrued on all overdue invoices.
- Advertising Insert Order / Media Plan can be signed in counterparts and via electronic methods such as Adobe Sign.
- Gourmet Ads reserves the right to amend, vary, change, modify, add or remove all or any portion of these Terms in its sole and absolute discretion at any time and without prior notice. Any changes will operate prospectively.
- These Terms are governed by the law in force in New South Wales, Australia and the parties submit to the jurisdiction of the courts of that jurisdiction.
- The failure of Gourmet Ads to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or term.
- If any provision of these Terms are unenforceable or held invalid, the remainder of these Terms shall continue in full force and effect.