Cancellation Terms

Radio

28 days written cancellation Is required from date of first appearance. Cancellation within 28 days is a drop and charge. IE media will be cancelled and you will be charged 100% of the media cost.

Television

42 days written cancellation Is required from date of first appearance. Cancellation within 42 days is a drop and charge. IE media will be cancelled and you will be charged 100% of the media cost.

Transit/Outdoor

  • Once requested to book there is no cancellation possible
  • One posting image per campaign will be supplied

Digital

30 days written cancellation Is required from date of first appearance. Cancellation within 30 days is a drop and charge. IE media will be cancelled and you will be charged 100% of the media cost.

Press

  • Ad material must be supplied as per the specifications of the media provider and that supplied by BMR
  • Ad material must be supplied prior to the material deadline specified by BMR. Failure to do so will warrant the client responsible for the full cost of the advertising media.
  • Ad material acceptance is subject to the sole discretion of the publisher. BMR is not liable should the publisher refuse to publish the material.

TV & Video Production

  • Payment of 50% of the quoted price is payable on acceptance of the quotation
  • All rights will reside with BMR until the invoice is paid in full
  • Cancellation of a confirmed shoot within 72 hours of the shoot date will incur zero charge; within 48 hours 50%; within 24 hours 100%
  • For external shoots, weather allowances will be included in the quotation

General Terms and Conditions

1. Errors

  • 1.1 Customer must promptly check proofs of Advertising (if provided to the Customer by BMR) and notify BMR of any errors in the proofs or in published Advertising.
  • 1.2 BMR does not accept responsibility for any errors submitted by the Customer or its agent, including errors in Advertising placed over the telephone.
  • 1.3 Customer must send any claim for credit or republication in writing to BMR no later than 7 days after the date of publication of the Advertising.

2. Advertising Rates and GST

  • 2.1 The Customer must pay for Advertising, unless otherwise agreed, at the casual ratecard rate. Ratecard rates may be varied at any time by BMR without notice. Customer must pay GST at the time it pays for Advertising. BMR will provide a tax invoice or adjustment note (as applicable).
  • 2.2 Eligibility for discounts or rebates will be based on the Customer’s GST-exclusive advertising spend.

3. Credit and Customer Accounts

  • 3.1 BMR may grant, deny or withdraw credit to a Customer at any time in its discretion. Customer must ensure that its Customer account number is available only to those employees authorised to use it. Customer acknowledges it will be liable for all Advertising placed under Customer’s account number.

4. Payment

  • 4.1 The Customer must pre-pay for Advertising if required by BMR. If Advertising is on account, payment must be within 7 days of date of the invoice. If a commercial account has been established with BMR, payment must be within 30 days of invoice date.
  • 4.2 If Customer fails to provide the copy for a booking by publication deadline, Customer will be charged unless a cancellation is approved by BMR. If BMR accepts Advertising after the deadline, it will be deemed out of specification. Customer has no claim against BMR for credit, republication or otherremedy for out of specification Advertising.
  • 4.3 Customer must pay the full price for Advertising even if BMR varied the format or placement of the Advertising or if there is an error in the Advertising, unless the error was BMR’s fault. Customer must pay its electronic transmission costs.

5. Failure to Pay and Other Breach

  • 5.1 If Customer breaches these terms, fails to pay for Advertising or suffers an Insolvency Event (defined in clause 10.2), BMR may (in its discretion and without limitation):
    • (a) cancel any provision of credit to Customer;
    • (b) require cash pre-payment for further Advertising;
    • (c) charge interest on all overdue amounts at the rate 2% above the NAB Overdraft Base Rate;
    • (d) take proceedings against the Customer for any outstanding amounts;
    • (e) recover BMR’s costs including mercantile agency and legal costs on a full indemnity basis;
    • (f) cease publication of further Advertising or terminate an agreement for Advertising not published;
    • (g) exercise any other rights at law.
  • 5.2 A Customer suffers an ‘Insolvency Event’ if:
    • (a) Customer is a natural person and commits an act of bankruptcy; or
    • (b) Customer is a body corporate and cannot pay its debts as and when they fall due or enters an arrangement with its creditors other than in the ordinary course of business or passes a resolution for administration, winding up or liquidation (other than for the purposes of reorganisation or reconstruction); or has a receiver, manager, liquidator or administrator appointed to any of its property or assets or has a petition presented for its winding up.
  • 5.3 BMR may withhold any discounts or rebates if Customer fails to comply with its payment obligations.
  • 5.4 A written statement of debt signed by an authorised employee of BMR is evidence of the amount owed by the Customer to BMR.

6. Liability

  • 6.1 The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of BMR in connection with the Advertising.
  • 6.2 BMR excludes all implied conditions and warranties from these terms, except any condition or warranty (such as conditions and warranties implied by the Competition and Consumer Act and equivalent State acts) which cannot by law be excluded (‘Non-excludable Condition’).
  • 6.3 BMR limits its liability for breach of any Non-Excludable Condition (to the extent such liability can be limited) and for any other error in published Advertising caused by BMR to the re-supply of the Advertising or payment of the cost of re-supply (at BMR’s option).
  • 6.4 Subject to clauses 11.2 and 11.3, BMR excludes all other liability to the Customer for any costs, expenses, losses and damages incurred in relation to Advertising published by BMR, whether that liability arises in contract, tort (including by BMR’s negligence) or under statute. Without limitation, BMR will in no circumstances be liable for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.
  • 6.5 The Customer indemnifies BMR and its officers, employees, contractors and agents (the ‘Indemnified’) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Customer’s breach of these Terms and any negligent or unlawful act or omission of the Customer in connection with the Advertising.

7. Privacy

  • 7.1 BMR collects a Customer’s personal information to provide the Advertising to the Customer and for invoicing purposes. BMR may disclose this personal information to its related bodies corporate, to credit reporting agencies and other third parties as part of provision of the Advertising and for overdue accounts, to debt collection agencies to recover amounts owing.
  • 7.2 BMR provides some published Advertising to third party service providers. Where such Advertising contains personal information, Customer consents to the disclosure of their personal information in the advertising to third parties and to the personal information being republished by a third party.
  • 7.3 Customers may gain access to their personal information by writing to the Privacy Officer, GPO Box 506, Sydney NSW 2001. BMR’s privacy policy can be found here

8. Confidentiality

  • 8.1 Each party will treat as confidential, and will procure that its advertising agents, other agents, and contractors (‘Agents’) treat as confidential and will not disclose, unless disclosure is required by law:
    • (a) the terms of this Agreement (including terms relating to volumes and pricing);
    • (b) information generated for the performance of this Agreement, including all data relating to advertising schedules, budgets, forecasts, booked advertising, prices or volumes;
    • (c) any other information that ought in good faith to be treated as confidential given the circumstances of disclosure or the nature of the information;
    • (d) any information derived wholly or partly for any information referred to in (a) to (c) above; Each party agrees to take all reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of the confidential information by or on behalf of itself or any third party.

9. General

  • 9.1 These Terms, with any other written agreement, represent the entire agreement of the Customer and BMR for Advertising. They can only be varied in writing by an authorised officer of BMR. No purchase order or other document issued by the Customer will vary these Terms.
  • 9.2 BMR will not be liable for any delay or failure to publish Advertising caused by a factor outside BMR’s reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
  • 9.3 BMR may serve notice on Customer by post or fax to the last known address of the Customer.
  • 9.4 These Terms are governed by the laws of the State of NSW in which the billing coBMRny for the Advertising is located and each party submits to the non-exclusive jurisdiction of that State. In the event of conflict of laws between Australian states then the Federal laws of the Competition and Consumer Act 2010 (Cth) will prevail.