Standard Terms and Conditions
“Order” means a request to transmit advertising material to the Station as identified in the on-line order form at https://digitalcourier.com.au.
“Station” means each radio station, or group of radio stations specified in the Order.
“Client” means the person for whose benefit the Services are provided under the Order and includes an agency acting on that person’s behalf in relation to the Services or payment for the Services.
“Insolvent” means being unable to pay debts as and when they fall due; ceasing to carry on business, having a liquidator, receiver, receiver and manager or administrator appointed to the whole or any part of the assets of a business; making any composition or arrangement with creditors; having an order or resolution made for the dissolution or liquidation of a business (other than for the purpose of solvent amalgamation or reconstruction); or any similar or analogous procedure, action or event in consequence of debt in any jurisdiction.
“DC” means Macquarie Media Syndication Pty Ltd trading as Digital Courier.
“Services” is the platform to facilitate the transmission of advertising material uploaded by the Client to the Station selected by the Client.
“Website” means the website located at https://digitalcourier.com.au.
- Any Order placed by Client with DC shall constitute an offer by Client to acquire services from DC.
- The fee payable is $30+GST per Station, unlimited tracks in any Order, or as otherwise agreed by the parties in advance of any Order being placed.
- The fee is exclusive of GST which will be charged at the applicable rate at the time of the Order.
Payment and Credit
- If the DC invoice is not paid when due, DC may, in its discretion and without limiting its other rights: (a) charge interest on the unpaid amount at the rate charged by the Australia and New Zealand Banking Group Limited as its Index Rate from time to time plus 3% until such amount is paid; (b) suspend any Services lodged by Client until such time as all outstanding payments are received by DC; (c) if the unpaid amount exceeds 90 days, charge an administration fee of 2% per month, from date of invoice, on the unpaid amount; (d) to the extent permitted by law, recover any expenses, costs or disbursements including legal costs for debt recovery incurred by DC in recovering any outstanding monies; and (e) cease to provide, or impose conditions on the provision of, credit to the Client and require pre-payment for any subsequent Order. DC may use the services of a mercantile agent for recovery of unpaid amounts and may commence legal proceedings to recover unpaid amounts without notice.
- DC may at any time at its discretion and without notice alter, cancel, suspend or impose conditions on credit facilities.
- If Client does not have a credit account, or the value of Services exceeds the available credit limit, payments for Services must be made at least 3 business days prior to an Order being requested. If payment is not made in accordance with this clause, DC will not submit the Order and any Services will not be performed. All applications for Credit are subject to a credit check on the Client.
Conditions on Provision of Services
- Common Carrier: DC is not a common carrier and reserves the right to refuse the transmission of any goods without assigning any reason for such refusal.
- Subject to intellectual property rights of third parties, all content and materials on the DC website are subject to copyright. All copyright and other intellectual property rights created by the provision of Services by DC shall be the property of DC, by way of present and future assignment.
- Client warrants that the IP that is being uploaded is owned by the Client, or the Client otherwise has a Licence to use the IP in the manner enabled by the Services and the Website.
- DC will endeavor to provide reliability and accuracy in the provision of the Services. However, to the extent permitted by law, DC does not give any warranty that the Services will be accurate.
- To the extent permitted by law, DC has no liability to Client whether in contract, tort or otherwise for any loss, cost, claim or damage (including without limitation for or in respect of any consequential, special or indirect liability and loss of profits, opportunity, revenue or data) arising from the provision of the Services by DC.
- DC does not guarantee that the Services or information provided on its website will be: (a) error free; (b) free from external hackers, unauthorized viruses or worm dissemination; (c) accurate, reliable or fit for any particular service.
- DC will not, to the extent permitted by law, be liable for any loss incurred by you as a consequence of the failure by the website to perform any function which DC has said it will perform.
- To the extent permitted by law, all implied representations, conditions or warranties by DC, whether based in statute, common law or otherwise, are excluded.
- Any liability of DC is limited, at DC’s option, to the supply of any service again or the payment for the cost of having any service supplied again.
- DC may deny access to the Website or the Services if you breach any of these terms and conditions and fail to remedy such breach within 14 days after receiving written notice of the breach by DC.
- Each person constituting the Client will be jointly and severally liable as principal debtor for payment of amounts invoiced by DC. Client warrants that it has full authority in all matters connected with the entering into and performance of the Order with DC.
- The Order between DC and Client will be governed by the laws in force in New South Wales and each party submits to the jurisdiction of courts of New South Wales.
- If DC is prevented or delayed in the performance of any of its obligations by a force majeure event being an event beyond its control, it shall be excused from the performance or the punctual performance as the case may be for so long as such event shall continue.
- The terms and conditions of the agreement concluded between Client and DC are set out exhaustively in these Standard Terms and Conditions and comprise the entire agreement of the parties. The Order and these Standard Terms and Conditions supersede and exclude any prior representations, negotiations, arrangements, understandings, communications or agreements between Client and DC relating to the subject matter of the Order. The Order and these Standard Terms and Conditions can only be varied by agreement in writing by both parties, or in the case of DC varying these Standard Terms and Conditions, by it giving notice in writing.
- A waiver of any right, power or remedy under the Order and these Standard Terms and Conditions must be in writing signed by the party granting it. The fact that a party fails to do, or delays in doing, something the party is entitled to do under the Order and Standard Terms and Conditions does not amount to a waiver.
- Each provision of this document is individually severable. If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction it is to be treated as being severed from this Agreement in the relevant jurisdiction, but the rest of this document, and the legality, validity and enforceability of the provision in any other jurisdiction, will not be affected.
- A password and user name will be issued to you by DC. The password may be disclosed to any other person provided you first obtain written consent from DC.
- Any fees are only payable by you if you are a sender.
- DC may change these Terms and Conditions at any time. Continued use of the Services and/or the Website denotes the Client’s acceptance of the Terms and Conditions.