By accessing the website at https://advertising.sevenwestmedia.com.au/, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Seven West Advertising’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Seven West Advertising’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Seven West Advertising at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on Seven West Advertising’s website are provided on an ‘as is’ basis. Seven West Advertising makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, Seven West Advertising does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Seven West Advertising or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Seven West Advertising’s website, even if Seven West Advertising or a Seven West Advertising authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on Seven West Advertising’s website could include technical, typographical, or photographic errors. Seven West Advertising does not warrant that any of the materials on its website are accurate, complete or current. Seven West Advertising may make changes to the materials contained on its website at any time without notice. However Seven West Advertising does not make any commitment to update the materials.
Seven West Advertising has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Seven West Advertising of the site. Use of any such linked website is at the user’s own risk.
Seven West Advertising may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of WA and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
SEVEN WEST MEDIA DIGITAL ADVERTISING TERMS AND CONDITIONS
1. WHEN DO THESE TERMS APPLY?
1.1 These terms and conditions (“Terms”) apply to you every time you:
(a) request placement of advertising (whether directly with us or through an intermediary including programmatically) on any Digital Media owned or operated by Seven Network (Operations) Limited ABN 65 052 845 262 or its related bodies corporate, including West Australian Newspapers Limited (collectively “SWM”); and/ or
(b) request provision of creative, production and/ or distribution services with respect to such advertising; and/ or
(c) request to or offer to supply SWM with product samples to be distributed to visitors of Digital Media.
1.2 “Digital Media” refers to any digital media published, distributed or communicated by SWM or its subsidiaries including but not limited to websites and apps owned and operated by SWM as well as social media channels operated by SWM and third party inventory sold by SWM as reseller. “Advertisement” includes all forms of digital advertising including but not limited to display ads, video ads, sponsored social posts, pop-ups, advertorials and native advertising, and unless the context dictates otherwise, includes advertising supplied by you or created on your behalf by SWM.
1.3 These Terms are in addition to our standard terms and conditions regarding broadcast and print advertising (if applicable) and any additional special trading terms and conditions agreed directly between SWM and you/your agency (“Trading Terms”), if applicable. To the extent of any inconsistency between these Terms and any Trading Terms, the Trading Terms will prevail.
1.4 If you are booking and purchasing SWM Digital Media programmatically through a third party, these Terms still apply to you unless specifically noted otherwise.
2. HOW DO I PLACE ADVERTISING
This section does not apply to programmatic bookings
2.1 To become a customer for the purpose of these Terms (whether you are a client booking directly, or an intermediary/ agency), unless you are paying SWM in advance, you must complete and return to SWM the credit application forms established and identified by SWM for that purpose. SWM shall thereafter grant and maintain credit facilities at its sole discretion.
2.2 You can request advertising or services in any Digital Media owned or operated by SWM at any time directly with SWM or agents approved by SWM.
2.3 SWM will make a proposal to you regarding your request by sending you a proposal or Media Schedule for your approval.
2.4 If you approve the proposal or Media Schedule, SWM will send you an Insertion Order which will apply to the distribution of your advertising and which you must agree and return to SWM in order to confirm your booking.
3. WHAT RIGHTS DOES SWM HAVE?
3.1 SWM can reject or withdraw advertising, whether bought direct or programmatically, at any time if it reasonably believes you are in breach of these Terms or your proposed Advertisement is in breach of these Terms. SWM is not liable to you if it rejects or withdraws your advertising.
3.2 Advertisements must be supplied as per agreed deadline at time of booking. All Advertisements (other than those booked programmatically) are subject to approval to ensure the material complies with guidelines. This deadline allows you time to amend your Advertisement if it does not comply with industry standards.
3.3 In the event SWM believes, acting reasonably, that a breaking news or other event renders the publication or placement of your booked advertising unsuitable or inappropriate from an editorial perspective, SWM may move or withhold the placement of your advertising without your prior approval.
4. SPECIFICATIONS AND DEADLINES
This section does not apply to programmatic bookings
4.1 You must deliver your Advertisement(s) to SWM by the date and in the format SWM specifies. If you do not, this may result in lost value proportionate to the late delivery, which will not be compensated by SWM nor result in make good being offered by SWM.
4.2 Your Advertisement(s) must be in the format and specification that SWM requires for it to be published. If you do not deliver your Advertisement(s) in the required form, you will be liable for all costs incurred in converting the Advertisement into an appropriate form or deviations from launch dates.
4.3 Date changes after the Insertion Order is signed and returned to SWM are not permitted unless agreed in writing in advance with SWM.
5. PAYING FOR ADVERTISING
This section does not apply to programmatic bookings
5.1 The Insertion Order contains the amount you have to pay for the advertising fee. SWM will provide you with an invoice stating the Fee and any tax payable under clause 5.8 (“Fee”).
5.2 You must pay the Fee within the terms set by SWM. You cannot alter the Fee, even if you feel that the advertising was not placed or distributed in the manner that you expected.
5.3 If you dispute the Fee, this claim must be made within 30 days of the invoice date to SWM otherwise you must pay the Fee as invoiced.
5.4 You must pay the Fee electronically in clear funds to the account nominated in the relevant Media Schedule or by such other method as agreed by SWM.
5.5 Unless otherwise agreed in writing, fees are:
a) invoiced at the end of each month included in the Media Schedule;
b) payable within 30 days of invoice; and
c) payable in monthly instalments across the campaign.
5.6 SWM may charge interest at a rate of 8% per month if fees remain outstanding 90 days after the date of invoice.
5.7 All fees are exclusive of GST and other taxes. You are responsible for GST and all applicable taxes levied on the fees payable under an Insertion Order. Such amounts are in addition to the payment for the Media Schedule contained within the Insertion Order and will be added to any invoice.
5.8 If you are an advertising agent, SWM may agree that you will get a commission on the Fee, but the commission will only apply if you pay the Fee (less the commission, plus the GST payable) before the invoice due date. If you don’t pay the Fee (less the commission) by that date, you cannot claim the commission – you must pay the Fee and the GST payable.
6. DIGITAL SERVICES
6.1 If you require services with respect to the creation of the advertising you intend to place on Digital Media owned or operated by SWM (such services which may include design/ creation or production of digital content), you may submit such request to SWM and SWM will provide you with a quote to perform such services. If you accept such quote, you will be required to pay the agreed fees within 30 days of receipt of invoice from SWM, and must otherwise comply with any briefing and cancellation requirements notified to you in writing by SWM from time to time.
6.2 Without limiting clause 6.1, you must provide SWM with all information, materials, product and/ or packaging samples (as applicable) SWM reasonably requires to fulfil the digital services brief (“Client Material”), and by the deadlines stipulated by SWM.
6.3 Subject to clause 6.4, where SWM creates, develops and/ or produces an Advertisement for you (“SWM-created Advertisement”), all right, title and interest (including all intellectual property rights) in the SWM-created Advertisement will be owned by SWM.
6.4 SWM will not own any intellectual property rights in any Client Material but you will procure for SWM the right to use the Client Material for the purposes of performing the digital services and as required by SWM for the use of any of the SWM-created Advertisement in SWM’s promotional activities.
6.5 SWM grants you the right to have the SWM-created Advertisement published in Australia in accordance with the proposal or Media Schedule approved pursuant to clause 2.4. All other rights with respect to the SWM-created Advertisement are reserved to SWM and any other proposed use or publication of the SWM-created Advertisement must be approved by SWM in writing and will be subject to negotiation. You may not reproduce or modify the SWM-created Advertisement without the prior written approval of SWM, such approval not to be unreasonably withheld.
7. PRODUCT SAMPLING
SWM may invite you and/ or you may offer from time to time to include your products (without any minimum commitment by SWM) in a sample offering to visitors of Digital Media (“SWM Sample Offering”) in conjunction with your purchase of advertising on Digital Media, in which case the terms at Annexure B will apply in addition to these Terms.
8. HOW CAN I AMEND OR CANCEL ADVERTISING AND/ OR SERVICES
This section does not apply to programmatic bookings
8.1 If you cancel advertising before the relevant Cancellation Deadline below, you will not have to pay the Fee, except for any costs already incurred by SWM with respect to the campaign (including any content production costs). Cancellation Deadlines are as follows:
• Digital display and section sponsorships – 6 weeks before campaign start date.
• eDMs – 6 weeks before campaign start date.
• Digital content and content hubs – 8 weeks before campaign start date.
• Social content – 6 weeks before campaign start date.
• Podcasts – 12 weeks before campaign start date.
Please send notice of your intention to cancel in writing to the representative who made your booking. Cancellation will only be effective on confirmation of receipt of your notice.
8.2 If you cancel after the Cancellation Deadline, you have to pay the Fee (and any applicable content production costs).
8.3 Any proposed changes to an Insertion Order must be mutually agreed in writing.
8.4 If you cancel after the Cancellation Deadline but more than 14 days before the start date of the campaign, SWM may, in its absolute discretion, provide you with a delete and charge credit equal to the amount of the Fee. The delete and charge credit will not take effect until you have paid the Fee in full (and any applicable content production costs), and is subject to the following additional conditions: (a) unless otherwise agreed with SWM in writing, it expires 3 months after the cancellation date of the relevant advertising; (ii) it cannot be exchanged for a refund or other payment; (iii) it can only be used by you (or, if you are an agency, by the client whose advertising was cancelled) and must not be on-sold or sub-licensed under any circumstances; (iv) it will be provided at SWM’s discretion and subject to availability; and (v) any guarantees as to positioning and any ‘value add’ elements applicable to the original booking will cease to apply.
9.1 You accept that the ad server report or other measurement provided by SWM are the official, definitive measurements of SWM’s delivery of the Media Schedule. You acknowledge that there may be a discrepancy of up to 10% between SWM’s and Your ad server measurements, and that SWM’s ad server measurements shall take precedence. If SWM’s ad server measurements are higher than those produced by Your ad server by more than 10% over the invoice period, You agree to work together with SWM in good faith, providing reasonable technical resources and log files, to investigate and resolve such discrepancy.
10. ADDED VALUE/ BONUS ADVERTISING AND CREDIT NOTES
10.1 Added value / bonus advertising is still governed by these Terms, however SWM reserves the right to change the date(s) of added value/bonus advertising in its absolute discretion so long as it appears during the specified campaign period.
If we are unable to deliver per an Insertion Order and we provide credit, the credit must be used by the deadline stipulated in the Credit Note.
11. DATA AND TAGGING
You acknowledge and agree that SWM owns the data (whether personal information (as defined by applicable privacy laws) or not) collected from and about visitors to SWM Digital Media and to whom Advertisements are published on such Digital media. Third Party Tags are allowed on Digital Media for the purposes of creative delivery and 3rd party campaign performance tracking but are not permitted to gather user data.
12. WARRANTIES FROM YOU
12.1 You undertake and warrant to SWM that your Advertisement (including but not limited to any Advertisement booked directly or programmatically and any SWM-created Advertisement) and any Client Material:
a) is true and accurate in all respects;
b) is not false, misleading or deceptive in any respect;
c) does not infringe any rights of any person (such as copyright and trade mark rights);
d) does not use the name and image of any person without their consent;
e) is not obscene, indecent or defamatory; and
f) does not contravene any federal, state or territory statute, regulation or other law including the Competition and Consumer Act (Cth), the Therapeutic Goods Act (Cth) and the Therapeutic Goods Advertising Code.
12.2 You indemnify SWM for all costs (including legal costs on a solicitor client basis), expenses, claims, demands, damages and losses of any kind arising from or attributable to the publication of your advertising or otherwise arising from a breach by you of these Terms.
12.3 To the extent permitted by law, all conditions and warranties implied by law or otherwise not expressly set out in these terms and conditions are excluded.
13. LIMITATION OF LIABILITY
13.1 To the extent permitted by law, under these terms or otherwise in connection with your advertising, and the distribution of that advertising by SWM:
a) SWM excludes liability for all indirect, consequential or special losses or damages including loss or profits howsoever arising; and
b) The total liability of SWM howsoever arising is limited to the supply of the relevant advertising again or the payment of the cost of having those services supplied again, whichever SWM determines in its absolute discretion.
13.2 SWM will not be liable to you or any other person for any loss of whatever kind suffered as a result of an advertisement not being available for distribution or not being distributed where such event arises from any cause beyond SWM’s reasonable control.
14. LIABILITY OF AGENTS
14.1 If you carry on business as an advertising agent, server-side platform or demand-side platform, you acknowledge that you contract with SWM in your own right. You are principally liable under any contract entered into with SWM.
15. SWM AS THIRD PARTY RESELLER
If you request advertising or services where SWM acts as a third party reseller (for example when you buy inventory on SWM’s social media channels, as such channels are owned by third parties), by accepting SWM’s Digital Media Schedule, you accept the terms and conditions of that third party.
16. TERM AND TERMINATION
16.1 These Terms commence on the signing of an Insertion Order (or in respect of programmatic bookings, upon publication of your first Advertisement on SWM’s Digital Media) and continue until the end of the relevant campaign.
16.2 Either party may terminate a Media Schedule if the other party breaches any material term of these Terms and fails to cure such breach within 30 days after receipt of written notice of such breach. SWM may terminate these Terms and all Media Schedules between the parties if you breach any material term or condition of these Terms and fail to cure such breach within 30 days after receipt of written notice of such breach.
16.3 On termination, any and all payment obligations of you under a Media Schedule immediately become due.
17.1 These Terms are governed by the laws in force in New South Wales, Australia.
17.2 You may not assign or otherwise transfer any of your rights or obligations under these Terms to any other person without SWM’s consent. SWM may assign or otherwise transfer any of its rights or obligations under these Terms without your consent.
17.3 If SWM fails to enforce, or delays in enforcing, any of these Terms, this will not operate as a waiver and will not affect SWM’s right to later require strict compliance with these Terms.
17.4 The Terms of the Media Schedule and this agreement record the entire agreement between you and SWM relating to the matters dealt with in this agreement and supersede all previous arrangements, understandings or representations, whether written, oral or both, relating to these matters.
17.6 The information in these Terms, Media Schedule and all matters connected with and relating to Terms and Media Schedule are to be treated as confidential information (“Confidential Information”). You agree to hold confidential the Confidential Information; prevent the unauthorised use or dissemination of the Confidential Information; and return to SWM or, if necessary, erase all Confidential Information immediately on being asked by SWM to do so.
Annexure A – Product Sampling Terms
Annexure A – Product Sampling Terms
1. SWM and you will mutually agree on:
a. the Products to be supplied by you to SWM for that SWM Sample Offering;
b. the quantity of the Products to be supplied (“Agreed Quantity of Products”);
c. the delivery date for supply of the Products to SWM.
2. In return for SWM promoting the Products, you will, at your cost:
a. provide the Agreed Quantity of Products to SWM free of charge; and
b. deliver (at your cost) the Agreed Quantity of Products to SWM or its nominee at the address nominated by SWM in writing;
c. re-supply any Products returned by consumers as faulty Products.
3. SWM will be responsible for:
a. storing the Products;
b. packaging the Products together with products supplied by third party suppliers;
c. providing the platform via which the SWM Sample Offering will be sold or otherwise offered to consumers, and for managing all aspects of the transaction with the consumer;
d. delivery of SWM’s Sample Offering to consumers;
e. promotion (where mutually agreed) across agreed platforms of web/social and in-magazine;
f. conduct of the research component (where applicable); and
g. publishing reviews online (where applicable) (and with respect to which you acknowledge that the commercial arrangement between SWM and you will be disclosed to consumers).
4. Unless otherwise agreed in advance in writing by you, SWM will not offer the Products for sale (nor re-sale) and will ensure they are promoted for personal use only.
5. You will ensure that all Products (including components and labelling of the Product) will comply with all laws, regulations, codes of practice and other requirements of any governmental or regulatory authority (Commonwealth, State or local) applicable to their manufacture, packaging and supply, including but not limited to any cosmetics and therapeutic goods laws, labelling laws and consumer protection laws (as applicable).
6. You represent, warrant and undertake to SWM that all Products (and components of the Product) are:
a. of merchantable quality and fit for the purpose for which they are intended; and
b. are safe and free from contamination.
7. You indemnify SWM, its directors, employees and agents from and against all claims, actions, suits, proceedings, causes of action, damages, losses, demands, moneys, costs and expenses (including legal costs) arising from:
a. any breach by you of any local, State or Commonwealth legislation including the Competition and Consumer Act 2010 (Cth), and fair trading legislation in respect of the Products;
b. any claim by a third party that the Products (or any components) have breached the third party’s intellectual property rights; and
c. any claim that the Products (or components) were manufactured and/or supplied without the necessary permits, licences, authorisations required by law.
Despite any other provision of this agreement, neither party shall be liable to the other for any indirect, special or consequential loss or damages whatsoever, howsoever arising.
General Terms and Conditions
Circulation and Readership
To find out more about WA’s highest selling, best-read print media visit advertising.sevenwestmedia.com.au/news-media/ for the latest readership and circulation data.
Advertising Code Of Practice
As a Member of the Publishers’ Advertising Advisory Bureau our publications fully support the Bureau’s Advertising Code of Practice, which states:
In accordance with our belief that the maintenance of high standards of advertising builds character and good business we will, at all times, and to the best of our ability, only publish advertisements which:
- comply with, and not encourage breaches of Commonwealth and State law;
- are truthful and not misleading or deceptive;
- are clearly distinguishable as advertisements;
- do not disparage identifiable products, services or competitors in an unfair or misleading way;
- do not portray sexual objectification of individuals or groups of people;
- do not contain anything which, taking into full account both the nature of the specific readership and generally prevailing community standards, is likely to cause serious offence to the community or a significant section of the community;
- advertise any product meant to be used by, or purchased by children, shall not contain anything that includes dangerous practices which would result in their physical, mental or moral harm. Advertisements should not encourage children to place pressure on their parents to purchase the product advertised;
- will not contain content which in any way discriminates against or vilifies a person or section of the community on account of race, ethnicity, nationality, sex, age, sexual preference, religion, disability or political belief; and
- will not include statements which may take advantage of community expectations in relation to protecting the environment, recycling or energy and water efficiency by implying distinctions or benefits in products or services in a misleading way. Any claims made should be scientifically sound and appropriately substantiated.
Are you unhappy with an advertisement in The West Australian, The Weekend West or an affiliated product? The steps below show you how to lodge your concerns.
In the first instance contact The West Australian directly by phoning the Advertising Administration Manager on (08) 9482 3584 or emailing firstname.lastname@example.org. Please ensure you can reference exactly when and where the ad appeared and outline what concerns you have with the advertisement.
You will be asked to put your concerns in writing and once received, West Australian Newspapers Ltd will respond to you within seven working days.
If you are unhappy with the response from West Australian Newspapers Ltd you can lodge a complaint with the Advertising Standards Bureau. Before submitting a complaint, please check to see if your complaint is a matter that the Advertising Standards Bureau can consider or that should be referred elsewhere. Complaints to the Bureau must be in writing. You can lodge a complaint using the online complaints form, fax it to (02) 6262 9833 or post it to:
The Advertising Standards Bureau
Level 2, 97 Northbourne Avenue
TURNER ACT 2612
For further details on the Advertising Standards Bureau processes visit http://www.adstandards.com.au or phone (02) 6173 1500.
Expenditure Order Contract Conditions
Expenditure Order Contracts are effective for a maximum of 12 months from the date of the order, not the date of the first insertion. Rebate or surcharge as necessary may be made according to the spend used. An order may be back dated not more than one calendar month for the purpose of obtaining a lower rate. All orders are subject to variation as to the rate payable and space available. The newspaper reserves the right to cancel any order on which the advertising is not inserted one month from the date of commencement. The Expenditure level is applicable to the current Rate Card and covers all advertising areas of West Australian Newspapers Ltd. The expenditure level rate will change at the time of a rate increase. All Expenditure Order Contracts are inclusive of the amount of GST levied on the value of all goods and services supplied by West Australian Newspapers Ltd. Advertisers must pay the GST amount at the same time and in the same manner as the charges based on these rates.
West Australian Newspapers Ltd is proud to support registered charitable entities by offering a 40% discount off the current casual rate for advertising in the ‘General Display’ area of the newspaper, as outlined in this rate card. To qualify for this discount, the charitable entity must be registered with the Australian Government and must book a minimum advertisement size of 5 centimetres deep by 2 columns wide.
Advertising agents recognised by West Australian Newspapers Ltd will receive a 10% commission on all display advertising and production charges, providing accounts are paid in accordance with the rules and regulations governing West Australian Newspapers Ltd terms and conditions. Discount will not be paid as well as commission. If any charge on an account is in dispute, this must be resolved prior to the due date of payment and the adjustment charge, if any, to be paid in full in order to qualify for commission. An advertising agent not recognised by West Australian Newspapers Ltd cannot receive either commission or discount nor sign advertising orders on behalf of a client. Accounts must be paid direct by the client.
Advertising Agency Recognition
For recognition as an advertising agency by West Australian Newspapers Ltd, enquiries are to be made in the first instance to the Credit Services Manager on (08) 9482 3128.
Indemnity & Warranty
Advertisers and/or advertising agencies by submitting or authorising material for publication by the Publisher and in consideration of the Publisher agreeing to publish the material:
1. INDEMNIFY the Publisher, its employees, agents and related companies (as defined in the Corporations Act) against all actions, proceedings, claims, demands, losses, damages, cost and expenses (including indemnity legal costs) arising out of or in connection with the publication of the material including any such action, proceedings, claims, demands, losses, damages, costs and expenses relating to defamation, malicious falsehood, breach or infringement of copyright, trademark or design, breach of the Competition and Consumer Act or breach of any other legal, equitable or statutory rights or breach of the warranty in paragraph 2 below.
2. WARRANT that publication of the material will not give rise to any claim of breach of any legal, equitable or statutory rights against the Publisher and will not breach any laws or regulations including, the prohibitions relating to advertising in the Australian Consumer Law (schedule 2) of the Competition and Consumer Act.
- a)The advertiser consents to the use by West Australian Newspapers Limited and its related corporations (as defined by the Corporations Act 2001) of the advertiser’s details and acknowledges that West Australian Newspapers Limited and its related corporations, may, at their discretion disclose and use those details for the purpose of providing the advertiser with goods or services, communication with the advertiser, planning, research, product and business development and sales, the promotion and marketing (whether target, direct or indirect) of their businesses, services or products or those of a third party which we believe may be of benefit to you. The details will also be used to investigate complaints, as required or permitted by any law, to enable West Australian Newspapers Limited to perform its obligations under this or any other agreement and to ensure that the advertiser performs its obligations under their or any other agreement.
- b)If you do not want the details to be used for the purposes stated in clause (a) above please write to us at: The West Australian, Attn Group General Counsel, GPO Box D162, Perth WA 6840 or contact the Group General Counsel on 08 9482 3111 and The West Australianwill ensure that the details are not used for that purpose.
Changes to Rates
West Australian Newspapers reserves the right to alter any advertising rate, without notice, at any time.
Goods and Services Tax
All rates/charges displayed in this rate card are inclusive of the amount of GST levied on the value of all goods and services supplied by The West Australian. Advertisers must pay the GST amount at the same time and in the same manner as the charges based on these rates.
Any customer who does not qualify for a Credit Account with The West Australian may lodge advertising, with prepayment required in full prior to going to press. The West Australian accepts the following forms of payment: Cash, EFT, Personal and Company Cheque (by prior arrangement), Bank Cheque, Visa, MasterCard and American Express. The West Australian is unable to accept Diners Card.
If you would like to apply for a credit account with The West Australian please download the Credit Application Form.
The Credit Application Form must be completed in full and the original signed by a Proprietor, Manager or Authorised officer of the company. The original is to be returned to:
The West Australian
PO Box 1545 OSBORNE PARK WA 6916 or email to email@example.com
Facsimile, scanned and photocopies are not acceptable.
- Any new business or a new owner who has purchased an existing business and has not traded in that business for at least 6 months may have their credit facilities declined.
- To assist in the processing of your application for a credit account, we ask that you ensure the application is completed in full and provide as much information as possible.
- A proprietor or director/s may be requested to provide additional security by way of Bank Guarantee, Deed of Guarantee, etc in support of the application.
- Formal notification as to the application for a credit account having been approved or declined will be notified by mail.
- The Terms and Conditions on the application form part of the application. If the application is accepted, an order placed by the Applicant will constitute unqualified acceptance by the Applicant of the terms and conditions and any Credit Limit.
- PLEASE NOTE: any terms and conditions not accepted, by the applicant will result in the application being declined.
Advertisements are in no circumstances accepted on the ‘No Tear Sheet’ ‘No Payment’ basis.
Deadlines are put in place and enforced to ensure the components packaged up inside each edition of The West Australian or The Weekend West are available when required. Deadlines differ for each component of the newspaper, be it a specific page, section, liftout, supplement, etc. Please refer to the relevant page in this rate card for details of the deadlines applicable to the component of the newspaper you are interested in.
Booking / Cancellation Deadlines
Booking and cancellation deadlines are often listed as being the same as one and other so that all booking and cancellation activity ceases at the same time. However, there are instances where the cancellation deadline is listed as being earlier than the booking deadline. Please refer to the relevant page in this rate card for details of the deadlines applicable to the component of the newspaper you are interested in.
Please refer to the relevant section in this website for details of the deadlines applicable to the component of the newspaper you are interested in. Acceptance of material after the applicable deadline is at the discretion of the Advertising Production Manager, phone (08) 9482 3584.
NOTE: Material either not supplied or received too late to make the edition will be filled at the discretion of the Advertising Production Manager, phone (08) 9482 3584. The ‘Delete & Charge’ policy applies in such cases. Details of the ‘Delete & Charge’ policy can be found in the ‘Cancellation After Deadline’ section of this rate card – refer below.
Wherever possible efforts will be made to accommodate replacement material; however, acceptance of replacement material cannot be guaranteed. A lot depends on what stage of the publishing process we are at when the replacement material actually arrives. In the first instance, you must notify Copy Control, phone (08) 9482 3521. If Copy Control is not aware of replacement material being supplied, they will not be looking for it and if they are not looking for it is unlikely to be processed.
Cancellations After Deadline
Cancellations requested after the cancellation deadline has passed, regardless of the circumstances, are at the discretion of the Advertising Production Manager, phone (08) 9482 3584.
NOTE: Cancellations that are accepted after deadline are bound by either the ‘Defer & Charge’ or ‘Delete & Charge’ policy, details of which are outlined below.
Defer & Charge- Applicable where the cancellation is accepted prior to the material deadline. Conditions are:
- The full charge, 100% of the original price confirmed for the insertion/s, is chargeable to the customer on the original scheduled publication date.
- The customer is entitled to a ‘Make Good’ insertion/s on a like for like basis; however, this must be rescheduled and published within 90 days of the original publication date.
- The customer is NOT entitled to a credit that can be offset against future advertising.
- The responsibility to arrange the ‘Make Good’ insertion/s rests with the customer or their appointed advertising agency.
- Preferred or specified positioning, which is always subject to availability at time of booking, is at the discretion of the Publisher.
- In the event the ‘Make Good’ insertion has not been published within 90 days of the original publication date, access to it will be forfeited with no further entitlement or claim by the customer.
Delete & Charge
Applicable where the cancellation is accepted after the material deadline has passed. Conditions are:
- The full charge, 100% of the original price confirmed for the insertion/s, is chargeable to the customer on the original scheduled publication date.
- The insertion/s are forfeited with no further entitlement or claim by the customer.
All enquiries relating to production must be in writing to the Advertising Production Manager, with a sample newspaper including the cover sheet, within 5 working days of publication. The West Australian, Attn Advertising Operations Manager, GPO Box D162, Perth WA 6840. Phone (08) 9482 3789.
Credits (partial or full) will not be considered for poor reproduction where advertising material has been supplied outside of our accepted Digital Delivery methods, details can be found in the Material Requirements section of this rate card http://ratecard.thewest.com.au/the-west-material-requirements.
Errors that are in no way the fault of the advertiser and which, in the opinion of the publisher, clearly lessen the value of the advertisement must be notified within seven (7) days of the first publication of the advertisement.
For series advertisements such errors which are not notified prior to the classification deadline on the first date the error is published will be limited to appropriate compensation being credited for that first date of publication. Otherwise error compensation will be at the discretion of the relevant advertising sales manager.
General Display & Online Positioning
The positioning or placement of an advertisement is at the discretion of the Publisher except where expressly agreed in writing by Publisher.
Customer Service Phone (08) 9482 3716
Classified Display & Lineage
Claims for adjustment, refund or re-insertion because of the position given to, or the incorrect alphabetical sequence of, the advertisement are at the publishers discretion.
Customer Service Phone (08) 9482 2555
Otherwise no Error Claims or Adjustments are allowed
Other than as stated above, no liability will be incurred by the publisher by reason of any amendment to, or error or inaccuracy in, or the partial or total omission of an advertisement (single or multiple insertion), or by reason of any delay or default, or form any other cause whatsoever.
Advertisement Content / Style
Foreign Language Advertisements
All notices required to be printed in a foreign language must be accompanied by the English translation, which will appear before the foreign language notice. Both English and foreign versions will be charged. Translations must be supplied from an accredited translator.
The publisher reserves the right to alter or decline advertising copy, without reference to advertisers, to ensure that the newspaper is not exposed to claims, complaints or legal action concerning publication of material prepared by other parties.
Editorial Style Advertisements
Advertisements which are considered to resemble editorial style will be subject to amendment, alteration or rejection at the discretion of the publisher without prior notice and such advertisements must be clearly identified by the use of the word ‘ADVERTISEMENT’ above the copy headline.
Please see Legal Requirements below.
Political & Election Matter
Advertisements making statements or expressing opinions regarding government policy require the word ‘ADVERTISEMENT’ in 10pt type at the top. We also request the inclusion of an authorisation at the base of the advertisement with contact details, to give our readers the opportunity to respond, should they wish to.
Website Addresses & QR Codes
The use of website addresses and QR codes in advertisements is subject to prior approval by the publisher, in addition the below conditions apply:
- The publisher does not warrant the accuracy of content on the website.
- The advertiser is responsible for checking the accuracy of all information and content published on the website.
- The publisher accepts website addresses and QR codes in advertisements in good faith.
- Advertisers placing website addresses and QR codes in advertisements agree to comply with the Competition and Consumer Act.
- As a condition of publishing website addresses or QR codes in advertisements, the advertiser warrants to the publisher that the advertiser will not use the website for any purpose that is unlawful or prohibited by these terms and conditions
The minimum size for small print in advertisements is 6 point. This applies to all small print including, but not limited to, clauses and conditions.
For features produced by The West Australian we reserve the right to:
- Place the words ‘Advertising Feature’ on the front cover of pre-printed features and on each page of tabloid features.
- Place the publication date on the front cover of pre-printed features.
- Publish The West Australian logo (weekday) or The Weekend West logo (weekend) on the cover/first page of the feature.
Deadlines will be provided for advertisement bookings, advertorial copy and advertising material once the feature is booked.
Deadlines are set in place in order to meet our own editorial, production and print deadlines and must be strictly adhered to.
For products that are underwritten and/or features that require client approval, the client will be given the opportunity to make two (2) rounds of changes to the copy.
We aim to have this three step process finalised within 48 hours (2 business days).
- Once the feature is initially completed, a proof will be given to the client for changes.
- The client will be given a second proof with the first round of changes completed. This is the client’s opportunity to make final changes.
- Once the second round of changes has been made, a final proof will be given to the client and signoff will be sought.
Competition & Consumer Act and Fair Trading Act
The Competition and Consumer Act and in particular the Australian Consumer Law contain a number of prohibitions affecting advertising, including the prohibition of misleading and deceptive conduct. All advertisements lodged must comply with this legislation. Legal advice should be obtained by advertisers in relation to these issues.
Federal Election advertisements, by law, require the word ‘ADVERTISEMENT’ in 10pt type at the top and authorisation at the base of each advertisement.
W.A. State and Local Government Election advertisements, by law, require an authorisation at the base only.
Other Legislation – Competitions / Prospectuses
Advertisers are advised to submit to their legal advisers, advertisements relating to competitions which may infringe legislation such as The Lotteries Act , Gaming and Wagering Commission Act and Prospectuses relating to the issue of shares, debentures, etc., which must comply with the Corporations Act.
Copy for advertisements which are subject to the Corporations Act must be accompanied by a certificate signed by two directors of the company advertising.
Due to the Copyright Act 1968, advertisers are advised that the inclusion in advertisements of material (photographs, artist’s illustrations or text) taken from any other source, whether an article published in a newspaper, magazine, periodical or otherwise is strictly prohibited without the written consent of the owner of the copyright.
It is the advertiser’s sole responsibility to ensure that any material used in an advertisement;
(a) is authorised for publication by the owner of the copyright to prevent the possibility of legal action being taken against the advertiser for any breach of the Copyright Act;
(b) does not infringe any legal, equitable or statutory interests of: (i) any living person/s depicted in the material; or (ii) the owner of any legal, equitable or statutory interest in respect of subjects or items depicted, described or referred to in the material.
West Australian Newspapers Limited copyright © material must not be reproduced without permission. Application for the use of WAN copyright content should be made to the syndication department on (08) 9482 3207 / (08) 9482 3807 or firstname.lastname@example.org
$4.95 s.c.cm for advertisements produced from copy with material supplied by the advertiser or his agent.
On payment of this charge copyright in advertisements produced by West Australian Newspapers Ltd will be owned by the advertiser. In all other cases when advertisements are produced by WAN Ltd without this charge, copyright in advertisement produced by WAN Ltd will be owned by WAN Ltd.
Minimum alteration fee
A $30.00 fee applies for minor alterations to repeat advertisements.
Advertisements are held for up to six weeks after publication and may be used for repeat insertions without further production charge, if available.
Material supplied to other publications
A charge will apply for material produced by West Australian Newspapers and supplied to other publications.
Further Terms & Conditions – Online Advertising
The following terms and conditions apply, in addition to the general advertising terms and conditions, to online advertisements. In the case of any variations between these online terms and conditions and the general terms and conditions, then these terms and conditions prevail for online advertisements.
- The Publisher has no liability and Advertiser indemnifies Publisher in relation to any failure of telecommunications services or systems which affect the receipt by Publisher of an advertisement or the publication of a campaign.
- Publisher makes no representation or warranty in relation to the number of visitors to its websites or the number of impressions at any site except for any made expressly in writing by Publisher.
Creative Conditions and Specification
- Standard and Rich Media creative must be received no later than 5 working days prior to the campaign start date.
- If creative is received after the relevant date and results in a campaign being delayed, the publication of the advertisement will be considered to have commenced as of the date on the insertion order.
- It is the advertiser’s responsibility to arrange and manage re-directs with third party adservers and provide such third party with the creative and lead time requirements. Publisher will not compensate clients for campaigns which are affected or delayed in any way by third party adsend/er redirect problems. Publisher may in its absolute discretion remove any redirects from Publisher’s network which are delayed in serving advertisements.
- All click-through URLs must enable the browser’s back feature to allow users to return to Publisher‘s website.
- Cancellation of any advertisement or campaign must be received in writing no later than 21 days prior to the commencement of a campaign in order to receive a 100% refund. Any cancellations made after this time will be subject to a minimum cancellation fee of 100% of the total cost of the entire campaign. Campaigns cancelled at the request of the Advertiser after the campaign has commenced will not be entitled to a refund of any unused portion of the campaign.
- The insertion order is valid for 72 hours from the time it is provided to Advertiser. Publisher cannot guarantee the order is fulfilled unless a signed copy of the insertion order is received within that timeframe.
- These terms and conditions form part of the insertion order and are binding on Publisher and Advertiser once the insertion order is signed.