Terms and Conditions
ACCEPTANCE OF ORDERS AND QUOTATIONS
1.1 These Conditions of Contract set out below apply to all orders accepted by Posterbill PTY LTD (ABN 41 451 320 928) (“the Company”) to all Posterbill quotes accepted by a customer or potential customer (“Customer”) and to all contracts for the purchase of services from Posterbill.
1.2 Posterbill may at any time and from time to time alter these Conditions of Contract and such altered Conditions of Contract shall apply to all orders placed or quotations accepted after notification by Posterbill to the Customer of the relevant changes.
1.3 Posterbill is not bound by any variation to these Conditions of Contract unless recorded in writing and signed by a duly authorised Officer of Posterbill. These Conditions of Contract shall apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by the Customer.
1.4 All quotations are valid only for a period of thirty (30) days and Posterbill may, in its discretion, refuse any purported acceptance by the Customer which occurs after that time.
1.5 The Customer acknowledges that it does not rely on any representation made (if any) by or on behalf of Posterbill in relation to the commercial value of Services provided by Posterbill and relies entirely on its own enquiries and evaluations in relation to the commercial value of any such Services.
PERFORMANCE OF SERVICES
2.1 The Customer acknowledges and accepts that Posterbill may carry out services for other customers at the same as providing Services to the Customer. Even in Solo Distribution your material may go out with other material if that material is date sensitive.
2.2 Posterbill shall not be responsible for any loss or damage caused by, any failure or delay to provide, the Services including where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside the reasonable control of Posterbill.
2.3 Posterbill may sub-contract the performance of part or all of its obligations to provide the Services.
This section 3 applies to print service forming the whole or part of the Services provided by Posterbill.
3.1 In printing materials for the Customer, Posterbill will receive print files from Customer and in doing so The Customer releases Posterbill from and against all liabilities, loss, damage, demands, claims, costs and expenses caused by any inaccuracy or other defect in the printed materials which were present in Customer provided file. The Customer indemnifies Posterbill and its employees, agents and contractors against all liabilities, loss, damages, demands, claims, costs and expenses incurred by them as a result of the publication, distribution or issuing of the printed materials including any reliance placed by any person on their contents.
3.2 CUSTOMER SUBMITTED ART FILES
Posterbill requires that all art files supplied by you for the purpose of producing printed matter adhere to the following formatting standards:
(a) All art files must be in a CMYK format before they are submitted. Posterbill is not liable for any colour shift that occurs in conversions from RGB to CMYK colour modes.
(b) All art files must have a minimum resolution of 300 DPI (Dots Per Inch) before they are submitted. Posterbill is not liable for degraded print quality resulting from art file elements (artwork, graphic images, photographs etc.) that fail to meet this standard. Additional formatting standards may apply.
3.3 ONLINE PROOFING & COLOR MATCHING
Posterbill does not provide nor purport to provide any colour matching guarantee as pertains to screen-viewable, electronic (online) proofs approved by Customer and printed matter produced thereafter. Online proofs are provided solely for reviewing positioning, text accuracy, image proportion and placement. Orders that require colour matching must include the purchase of a high resolution, paper proof. Unless specified in the order, all charges related to the production and delivery of a high resolution, paper-proof is your sole responsibility.
3.4 Once a print order has been placed from the client, it cannot be cancelled under any circumstances once printing process has commenced. Full Invoice amount will be payable by the client.
3.5 Company is not responsible for trimming variations caused by incorrect or insufficient bleed.
3.6 Fonts MUST be embedded in all documents, otherwise fonts may appear to display correctly on your screen but may not print correctly. We take no responsibility for artwork supplied where fonts are not embedded.
3.7 We may from time to time indicate estimated delivery times, but we cannot guarantee delivery times or be held responsible for delays caused by manufacturing or delivery.
LETTERBOX DISTRIBUTION SERVICES
This section 4 applies to a letterbox distribution service forming the whole or part of the services provided by Posterbill.
5.1 The Customer acknowledges and agrees that:
(a) Its Materials for distribution may be distributed together with and may be bundled with, materials of other customers of Posterbill, and
(b) Posterbill does not guarantee full distribution of all Materials to all households within the agreed distribution areas, and accepts no liability for any failure to deliver to all households within agreed distribution areas. Factors beyond Posterbill’s control such as health and safety issues, hazardous conditions, adverse weather conditions, accessibility of letterboxes, signs on letterboxes and the independent nature of Posterbill’s distribution contractors may adversely affect distribution. We confirm that the maximum achievable penetration level will be eighty percent excluding the “NO JUNK MAIL” letterboxes.
(c) At any given time, a particular agreed distribution area may not be fully covered, or covered at all, by Posterbill’s distribution network. Posterbill reserves the right to change the scope and size of distribution areas at any time.
(d) Letterbox counts provided to clients via our websites or in writing are an estimation and should not be considered as actual quantities. The company uses various agencies, including Australia Post to estimate the number of letterboxes within postcode sectors and or specific geographical areas, as the data is provided by third parties. As a result Posterbill does not guarantee the accuracy of letterbox counts.
5.2 Whilst every effort will be made to meet the agreed schedule, inclement weather or other circumstances beyond the company’s control may require varying both the method and the timing of the distribution. Posterbill does not guarantee when delivery and distribution shall take place. The specific days and times of the provision of Services during the period allocated for the Services shall be at the absolute discretion of Posterbill.
5.3 Posterbill will not be liable for any loss or damage caused by or contributed to by any delay, loss, omission or misplacement of Materials during its performance of the Services.
5.4 All Materials must be delivered to Posterbill within the timeframes specified by Posterbill, to the delivery address specified by Posterbill, and not less than three (3) working days before distribution is to commence. Any additional costs incurred by Posterbill as a result of a failure to comply with this clause will be charged to and paid by the Customer.
5.5 Where any Materials cannot be processed, or removed from Posterbill’s premises within two (2) weeks of initial delivery to Posterbill, a minimum cost of storage of $100.00 per week or a charge based on commercial pallet storage rates, whichever is the greater, will be charged to and paid by the Customer.
5.6 Posterbill DOES NOT in any way guarantee that your company will generate business or receive a positive response from the letterbox distribution campaign.
5.7 The Client must insure against the accidental loss or damage by the Company of the Promotional Material. The Company has no liability for any loss or damage to Promotional Material, howsoever caused.
5.8 The Company uses third party courier services to pick up promotional material from client’s provided address and is not responsible for delay in delivery or loss of stock in transit.
5.9 Posterbill reserves the right to refuse, suspend or terminate any provision of Service or future provision of Service at any time by oral or written notice without being required to give any reason and without being liable for any loss or damage incurred by the Customer or any third party as a result.
MAIL-OUT DISTRIBUTION SERVICES
This section 5 applies to a mail-out distribution service forming the whole or part of the services provided by Posterbill.
6.1 The Customer acknowledges and agrees that:
(a) Its Materials for distribution may be mailed together with and may be bundled with, materials of other customers of Posterbill, and
(b) Posterbill utilises Australia Post Services for mail- outs and accepts no liability for any failure to deliver to all agreed addresses. Please refer to the following link for Australia Poster Terms and Conditions: http://auspost.com.au/general-terms-conditions.html.
6.2 All Materials must be delivered to Posterbill within the timeframes specified by Posterbill, to the delivery address specified by Posterbill, and not less than three (3) working days before mail-out is to commence. Any additional costs incurred by Posterbill as a result of a failure to comply with this clause will be charged to and paid by the Customer.
6.3 Posterbill DOES NOT in any way guarantee that your company will generate business or receive a positive response from the mail out campaign.
6.4 The Company uses third party courier services to pick up promotional material from client’s provided address and is not responsible for delay in delivery or loss of stock in transit.
6.5 Posterbill reserves the right to refuse, suspend or terminate any provision of Service or future provision of Service at any time by oral or written notice without being required to give any reason and without being liable for any loss or damage incurred by the Customer or any third party as a result.
Delivery of Materials
7.1 The materials must come from the client or his printers at the time confirmed. We are not liable for any losses anyone incurs from the actions of 3rd parties.
7.2. All promotional materials must be delivered to us in a safe manner. Each box must be marked or have a leaflet stuck in a visible place and not heavier than 15kg.
7.3. Every pallet must have a document displaying the number of boxes and name of the client.
7.4. The client is responsible for confirmation of requirements with his or her printers.
7.5. If the materials are received at a date later than confirmed, we will try to help the client. In this case we may not be able to saturate the area as previously confirmed.
7.6. If the materials are less in number than agreed, the client is responsible for delivering the remaining numbers to us or asks for credit as the payment will not be effected.
7.7. If the materials are more than agreed, the client will pay the difference for any numbers outside of the agreement. Other ways the client is responsible for recovering the rest of materials from us.
8.1. All orders are accepted, subject to full pre payment via cleared funds, unless agreed in writing by the company & subject to a satisfactorily completed account application form.
- The price of the Services (“the Price”) is the Company’s quoted price. Quotations will be valid for 30 days from issue. The Company is only bound by orders which it has accepted in writing. An accepted order can only be cancelled or varied with the Company’s consent.
8.2. No Set-Off will be allowed for any reason.
8.3. Dishonoured Payments will incur a charge of $50.
8.4. If credit is granted and the Client fails to make any payment when it is due then, without affecting any of the Company’s other rights or remedies, the Company is entitled to: cancel the contract or suspend the performance of the Contract; charge the Client interest at 24% a year; withdraw all credit facilities extended to the Client and require immediate payment of all outstanding invoices whether or not these are due for payment; and/or cancel and withdraw any trade or other discount allowed on the Price. Any unpaid invoices will incur all debt collection & or legal recovery cost.
8.5. If the client, being an individual, is the subject of an interim order, suffered the making of a Statutory Demand or petition for bankruptcy order or the customer, being a firm, partnership or company, has an administrator or receiver appointed, is served with a winding up order, the firm is dissolved or makes any composition with its creditors, all monies owed to the company fall due immediately.
8.6 The Client must, on request, pay any additional cost to the Company in supplying the Services caused by: any breach, default, delay or variation by the Client of its obligations under the Contract or these Conditions; any factor beyond the Company’s reasonable control; any change in the dates of the supply of the Services which the Client requires; or any delay caused by the Client’s instructions or the Client’s failure to give the Company adequate information or instructions when the order has been accepted the quotation or at any other time.
Any complaint in respect of the distribution must be made in writing
9.1 If some of your material is dumped and it is proved to be done by one of Posterbill’s distribution agents, you must notify Posterbill immediately providing the exact location of the dumping so that Posterbill can take proper action to rectify the problem. Posterbill will then confirm the dumping by immediately sending a supervisor to the location to recover the material and then Posterbill will redistribute the material at its expense.
9.2 If the client fails to notify Posterbill of the dumping and fails to make any contact with Posterbill regarding any other complaints within 72 hours of completion of the job, Posterbill will be released of any responsibility associated with the distribution campaign.
9.3 Any complaints received after 72 hours will not be investigated because statistics show that residents have poor retention for this information and are unable to recall accurately if they have received a piece of advertising in the mail or not after this time has lapsed.
9.4 If a complaint is received from a client but there is no means of verifying the complaint, ie. no witnesses, no material found, no names or addresses given and no other means of proving the complaint is true, Posterbill will be released of any responsibility to pay compensation or investigate the complaint.
Disclaimers and Limitation of liability
The Posterbill Website and its contents are provided “as is” and we make no representations or warranties of any kind with respect to this Website or its contents. We assume no liability or responsibility for any errors or omissions in the content of this Website, any failures, delays, or interruptions in the delivery of any content contained on this Website, any losses or damages arising from the use of the content provided on this Website, or any conduct by users of the Posterbill Website. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
In no event shall Posterbill, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
10.1 The Customer warrants that any and all Materials and Pre-Print Materials:
(a) Do not contain any matter which is obscene, defamatory, or illegal or which infringes any copyright, trade mark or other intellectual property right;
(b) Are accurate and up-to-date;
(c) Can be used in providing of the Services without contravening any Law or the rights of any third party; and
The Customer will and does hereby indemnify Posterbill its employees and agents against all liability, claims, actions, proceedings, losses, damage, costs and expenses incurred by Posterbill arising out of or relating to any breach by the Customer of its obligations in these Conditions of Contract, any breach of warranty by the Customer, the content of the Materials and Pre-Print Materials, and any negligent or wrongful or unlawful act or omission on the part of the Customer, its employees or agents.
10.2 The Company will have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any Promotional Material or instructions supplied by or on behalf of the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client not attributable to the Company.
10.3 To the extent permitted by law, Posterbill’s liability for any loss or damage arising from or relating to the provision of the Services, including negligence, shall be limited at Posterbill’s discretion to one of the following:
(a) Payment of the cost of supplying the relevant Services in respect of which the loss or damage arose; or
(b) Supplying the Services again.
In no event will Posterbill have any liability to the Customer for any additional loss or liability, including any indirect or consequential loss or damage, resulting from Posterbill’s provision of the Services or otherwise, including without limitation liability for the costs of replacing any Materials, or in the event of non-delivery of Materials, liability for the production and printing costs of the Materials.
10.4 The Company is not liable to the Client for any failure or delay in performance of its obligations under the Contract which is beyond its reasonable control including any difficulty obtaining suitable Personnel or difficulty procuring performance by Personnel of obligations they have undertaken. The Company will inform the Client as soon as reasonably possible of any such occurrence.
Before job commencement: A refund of 50% of the total cost will be reimbursed to the client.
After job commencement: No refund is applicable. All undelivered stock will be collected and returned to the client. Client may collect balance of stock from nominated warehouse.
The Customer agrees that these Conditions of Contract shall be construed according to the laws of Queensland, and the parties submit to the jurisdiction of the courts of that state.