Terms and Conditions for Advertisers

INTRODUCTION

1. In this agreement

“Advertising material” means the contents and subject matter of all advertisements or integration contents submitted to planbooktravel by the Client including though not limited to text, graphics, icons, photographs and materials provided to planbooktravel for production purposes, Uniform Resource Locators (URLs) and sites to which URLs are to be linked.

“Classified directory listings” means advertisements that are presented using a standard or priority template and displayed on both the planbooktravel directory and planbooktravel site.

“Other advertising” means location banners, inspiring editorial, tower, island, corporate, run of site (ROS) advertising that requires consideration of the Clients requirements and quotation.

“Planbooktravel” means DigiTravel Publishing Pty Ltd (ABN 81 106 431 672) trading as planbooktravel.

“Priority Directory Listing” means a 'Paid', 'Classified Directory Listing' that is presented with additional fields as described on http://business.planbooktravel.com.au/advertise/paid-priority-listing , and listed with priority (at the top of the list) over Standard (non paid) classified advertisements, on regional and location tourism products (accommodation, tours, events, attractions etc) listing pages.

“Quotation” means the document setting out the costs and fees payable by the Client to planbooktravel in relation to the advertising material for the placement of the advertising material as stated in the quotation.

“The Client” means any entity and/or person opening an account to book advertising with planbooktravel.

“The planbooktravel directory” means the planbooktravel directory web site namely business.planbooktravel.com.au and all its associated content, information, materials and services.

“The planbooktravel site” means the planbooktravel web site namely www.planbooktravel.com.au and all its associated content, information, materials and services.

"With Priority" means the Priority Directory Listing advertisement is displayed at the beginning of the list of tourism products and services for the region and location, before standard non paid listings. Priority Directory Listings are displayed randomly with other priority listings, so no single listing retains the 'top position' more often, or receives more exposure than the other.

2. The terms and conditions of this agreement constitute a binding and enforceable legal agreement between planbooktravel and the Client.

3. It is a condition precedent for opening an account to book advertising with planbooktravel that the Client accepts the terms and conditions of this agreement.

4. Acceptance of the terms and conditions of this agreement will occur by the Client placing a tick in the box when registering and/or advertising on the planbooktravel site as follows :-

“The Client has read and accepts the terms and conditions of the advertising agreement with Plan Book Travel.”

Or

by submitting to an authorised representative of planbooktravel in writing, a signed acknowledgment of the terms and conditions.

REGISTRATION – CLASSIFIED DIRECTORY LISTINGS

5. The Client seeking to become a “classified advertiser” agrees to register with planbooktravel to advertise on the planbooktravel site and upon registration agrees to be bound by the terms and conditions of this advertising agreement.

OTHER ADVERTISING

6. Upon receiving from the Client advertising material to be published by planbooktravel on the planbooktravel site, it is agreed that planbooktravel shall provide a quotation setting out the fees and expenses to be charged for the publication of the advertising material.  The quotation is valid for a period of up to 28 days from the date of the quotation and upon acceptance by the Client it is acknowledged that the fees and charges set out in the quotation are due and payable by the Client to planbooktravel according to the terms of payment set out in the quotation.

7. Acceptance of the quotation by the Client shall be forwarded to planbooktravel to the address specified in clause 17 of this Agreement.

SUBMITTED CONTENT

8. Subject to the other terms and conditions of this agreement the Client shall submit advertising material to be published by planbooktravel on the planbooktravel site.  

9. The Client represents and warrants to planbooktravel that it is fully authorised to publish the entire contents and subject matter of all advertisements or integration content of whatsoever nature submitted to planbooktravel including though not limited to text, graphics, icons, photographs and materials provided to planbooktravel for production purposes, URLs and sites to which URLs are to be linked.

10. The Client represents and warrants that the content of all advertising material submitted to planbooktravel complies with applicable State and Federal laws including regulations and relevant industry codes.

11. In the event that advertising material includes information and/or reference to a competition or promotion the Client hereby agrees:-

a. That planbooktravel is not the promoter.

b. That the advertisement does not imply that planbooktravel is the promoter.

c. That the correct identity of the promoter is set out in the advertisement placed on the planbooktravel site represented by the hyperlink embedded in the advertisement; and

d. Warrants and represents that all applicable permits have been obtained and that the Client has complied with all relevant regulations governing the conduct of the competition and/or promotion.

CLIENT OBLIGATIONS AND RESPONSIBILITIES

12. The Client indemnifies and keeps indemnified planbooktravel and holds harmless planbooktravel , its servants and/or agents from and against any or all loss, damage, liability and expense (including legal fees) suffered or incurred by reason of any claims, proceedings or suits arising out of the publication of or any omission in relation to the advertisement or integration content provided by the Client to planbooktravel pursuant to this agreement arising out of the advertising material.

13. The Client waives any claim against planbooktravel arising out of loss of data through corruption, piracy, breach of security and/or negligence of planbooktravel, its servants and/or agents.

14. The Client warrants and undertakes that any and all commercial terms offered to it by planbooktravel including documentation comprising this agreement is strictly confidential information and shall not be disclosed by the Client to any third party, save expressly for the purpose of the Client seeking and/or obtaining legal or professional advice.

15. The Client warrants and represents to planbooktravel that each website represented by any URL shown or embedded in any relevant advertisement or object in any advertisement, or in any integration content:-

a. Is controlled and operated by the Client as independent contractors and/or Client of the Client;

b. Will be functional and accessible at all times;

c. Will at all times operate in compliance with all applicable laws, regulations and relevant industry codes; and

d. Is suitable in all respects including subject matter to be linked to or from the planbooktravel site containing the advertisement and the content.

16. Upon submitting a request for a paid listing, link or graphical banner in the 'contact us' enquiry form on the planbooktravel site (http://www.planbooktravel.com.au/contactus) or in the form of a written order for the planbooktravel site and accepting the advertising terms and conditions, the Client agrees to be liable for all relevant fees and costs of each order.

17. The Client agrees that prior to the publishing of any advertising material by planbooktravel that it will provide valid credit card details and an authorisation from the Client to planbooktravel for payment of the relevant fees and costs of each order.

18. Upon acceptance by planbooktravel of the advertising material for publication the Client agrees not to make promotional or merchandising reference to planbooktravel or any of its affiliates and/or the planbooktravel site, save with the express written authorisation of planbooktravel.

19. The Client agrees that all notices to planbooktravel relating to any legal claims or otherwise shall be made in writing to the “Managing Director, DigiTravel Publishing Pty Ltd, Studio 412, 91 Murphy Street Richmond Victoria 3121”

20. The Client may not assign any of its rights in this advertising agreement without the prior express written consent of planbooktravel subject to any assignee undertaking to perform all of the Client’s obligations herein.

PLANBOOKTRAVEL OBLIGATIONS AND RESPONSIBILITIES

21. Planbooktravel shall, upon receiving registration and verification that the Client has read and accepted the terms and conditions of this advertising agreement, shall use its best endeavours to provide a quotation to the Client setting out the rate of payment and other relevant details in relation to the advertising material.

22. Upon acceptance of the quotation by the Client planbooktravel agrees to display the advertising material on the planbooktravel site for a period as agreed between the parties commencing from the date upon which the Client pays planbooktravel the amount payable in the quotation.

23. Planbooktravel agrees that upon payment of the amount set out in the quotation the advertising material shall be prioritised over non paid advertising on the planbooktravel site.  

24. Planbooktravel may assign its rights and obligations under this agreement on notice to the Client provided that the assignee undertakes to perform all of planbooktravel’s obligations herein.

25. Planbooktravel will not be taken to have waived or modified any term of this agreement except by express statement in writing duly signed by an authorised representative of planbooktravel.

26. Planbooktravel disclaims all warranties, express or implied, including without limitation any implied warranties of merchantability and fitness for a particular purpose.

27. Planbooktravel is not liable for any form of loss, damage, liability or expense whatsoever including but not limited to consequential, indirect, incidental or special damage, damages for loss of profits, business interruption, loss or unauthorised access to information and the like.

28. Planbooktravel reserves the right to cancel any advertising and/or reject any advertising material in its complete discretion.

29. Any failure by planbooktravel to publish advertising material will be deemed to constitute a rejection of the order for that advertising material but does not otherwise constitute a breach of this agreement.

30. Upon cancellation and/or rejection of advertising material planbooktravel shall reimburse to the Client payments made after deducting all reasonable costs, expenses and fees incurred by planbooktravel prior to the rejection and/or cancellation of the order.

31. Planbooktravel should not be responsible for delays or failure of performance resulting from internet service provider delivery problems or failure and/or acts or causes beyond its control including though not limited to acts of god, strikes, lock outs, communication lines or equipment failures, power failures, earthquakes or other disasters and/or acts of terrorism.

RATES

32. For Paid Priority classified directory listings planbooktravel shall charge the Client the current flat rate for classified advertising published at: http://business.planbooktravel.com.au/advertise/paid-priority-listing/.

33. Planbooktravel shall upon request by the Client provide details of charges together with any additional charges which may apply in relation to other advertising set out in the quotation.

34. All of planbooktravel's published advertising and production rates are subject to change at planbooktravel's sole discretion.  Planbooktravel will use its commercially reasonable efforts to announce all advertising and production rate changes at least thirty (30) days in advance of their effective date.  

35. In the event planbooktravel makes a rate change in respect of a period (or any portion thereof) for which the Client has placed an order for advertising, planbooktravel will allow the lower rate to apply for the remainder of the then current term of the Advertising Agreement after which time, if the agreement is extended or renewed, all rates will be adjusted in accordance with planbooktravel's then current advertising and production rates and amended thereafter as notified by planbooktravel from time to time.

GENERAL CONDITIONS

36. Existing advertisement agreements between the parties (if any) are by this agreement terminated and of no further legal effect save for any provisions therein express to survive termination or expiration.

37. The terms and conditions of this agreement are governed by the laws of the State of Victoria.

38. This agreement does not create a joint venture, partnership, employment or agency relationship between planbooktravel and the Client.

39. The commencement date of this agreement will be the date upon which the Client pays to planbooktravel the fees and costs payable by the Client.