Terms and
Conditions

1. Introduction

These Terms and Conditions (“Terms”) constitute a legally binding agreement governing your use of services provided by Forty7 High Street Pty Ltd as trustee (“Forty7.media”, “we”, “us”, or “our”), operating 47 High Street, Southport, Gold Coast 4215 Australia. By engaging with our digital or out-of-home (OOH) advertising services (the “Services”), you (“Client”) agree to comply with these Terms. We may update these Terms at any time by posting the updated version online, and your continued use of our Services constitutes acceptance of such updates. If you represent a business, you warrant that you have full authority to bind that entity to these Terms.

2. Services

Forty7.media provides:

• Digital Advertising: Programmatic ads, social media campaigns, and web content.
• OOH Advertising: Billboards, transit ads, street furniture, and place-based media.
• Creative Services: Content creation, strategy, and campaign management. Specific deliverables, timelines, and KPIs will be detailed in a separate Service Agreement.

3. Client Obligations

You agree to:

• Provide accurate briefs, brand assets, and approvals in a timely manner
• Ensure all submitted content complies with:
  • Australian advertising laws (e.g., Australian Consumer Law).
  • Industry codes (AANA Code of Ethics).
  • Intellectual property rights.
• Notify us immediately of issues affecting campaign execution.

4. Fees and Payment

• Pricing: Fees are outlined in your Service Agreement (e.g., fixed project fees, media commissions, or performance-based pricing).
• Payment Terms: All invoices must be paid on or before due date on invoice. Late payments incur interest at the lower of 1.5% monthly or the maximum rate permitted under the National Credit Code, or the maximum rate permitted by law, whichever is higher. Client shall be responsible for all reasonable collection costs, including legal fees.
• Taxes: GST and other applicable taxes are added to fees.
• Refunds: No refunds will be provided for any services, including deposits and completed work, except in cases of material breach by Forty7.media that remains unremedied for 30 days after written notice.

5. Intellectual Property

• Pre-existing IP: Each party retains ownership of their pre-existing assets.
• Deliverables: Upon full payment, Forty7.media grants you a non-exclusive, non-transferable, revocable license to use campaign materials solely for the agreed purpose and territory. This license automatically terminates if you breach any terms of this agreement. All rights not expressly granted remain with Forty7.media. Any use beyond the agreed scope requires written permission and additional fees.
• Portfolio Rights: We may showcase work in our portfolio (confidential campaigns excluded).

6. Confidentiality

Both parties agree:

• To protect confidential information (e.g., business strategies, pricing).
• Not to disclose such information without written consent, except as required by law.

7. Liability and Warranties

• Service Standard: Services provided with “due care and skill” under Australian Consumer Law.
• Limitation of Liability: Our maximum aggregate liability under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the lesser of: (a) AUD $10,000 or (b) 100% of fees paid for the relevant service in the 12 months preceding the claim. This limitation applies to all claims in aggregate, not per incident.
• Exclusions: We are not liable for:
  • Indirect losses (e.g., lost profits).
  • Client-provided content errors.
  • Delays/cancellations due to force majeure (e.g., pandemics, natural disasters).

8. Termination

• By Client: 30 days written notice; payment due for work completed plus any committed media spend, third-party costs, and a cancellation fee of 20% of the remaining contract value.
• By Forty7.media: Immediate suspension or termination without notice for:
  • Client breach (e.g., non-payment, illegal content).
  • Threats to brand safety.
• Post-Termination: Client pays outstanding fees; licensed materials remain usable.

9. Compliance with Laws

Both parties must adhere to:

• Advertising Laws: Competition and Consumer Act 2010 (including ACL), Ad Standards codes.
• Privacy: Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) for data handling, including collection of user-generated content, survey responses, advertising interaction data, and geolocation data. We may collect data from third-party marketing or affiliate partners. We retain personal information for as long as required to fulfill the purposes for which it was collected, or as required by law. You acknowledge the inherent risks of transmitting personal information online. While we implement reasonable security measures compliant with the Privacy Act 1988 (Cth) and APPs, we are not liable for unauthorized access beyond our reasonable control. We will promptly notify affected individuals of any eligible data breaches as required by the Notifiable Data Breaches scheme.
• OOH Regulations: Local council permits and industry standards (e.g., OMA guidelines).

10. Dispute Resolution

1. Negotiation: Parties must attempt good-faith resolution within 14 days.
2. Mediation: Unresolved disputes referred to mediation in Gold Coast, QLD.
3. Governing Law: Queensland, Australia.

11. General

• Amendments: Changes require written agreement.
• Assignment: Client may not transfer rights without our consent.
• Waiver: Failure to enforce a clause does not waive rights.

Contact Information:

Forty7.media Address: 47 High Street Southport, Queensland, Australia 4215
Forty7.media Mailing Address: PO Box 7413, East Brisbane Qld 4169
Email: admin@forty7.media