gardens - Solstice Media...Unless otherwise agreed in writing, photographs taken by Solstice Media...

gardens& O U T D O O R L I V I N G

Media kit

C E L E B R A T I N G S O U T H A U S T R A L I A N O U T D O O R L I F E S T Y L E

The best of Adelaide and South Australia

With our temperate climate, gardening is one of South Australia’s favourite pastimes. Whether you’re a novice or an expert green-thumb,

SALIFE Gardens & Outdoor Living is here to help.

Apart from the renowned seasonal commentary from Michael Keelan, every issue features articles by experts from all aspects of the outdoors. Between them and us we’ll help you plan and nurture a garden of any size and style – whether it’s hills, city, coastal, Mediterranean, cottage, vertical, vegetable – or just a lawn.

This is the magazine for “doers”. Apart from what to plant, what to prune, and when, this magazine will tell you what tools to use, what fertilisers, the latest outdoor furniture … everything you need to know for each season, out four times a year. Part of the SALIFE magazine stable, SALIFE Gardens & Outdoor Living has been inspiring gardeners for ten years.

This year, SALIFE became part of independent South Australian publishing company Solstice Media. In addition to our reach of approximately 50,000 each month, our magazines are now regularly promoted to InDaily’s 80,000+ subscribers. We also have an ever-increasing online and social media presence, and we maintain regular contact with advertisers and subscribers to all our publications through our frequent newsletters.

If you want to reach an engaged gardening and outdoor living audience, SALIFE Gardens & Outdoor Living is the ideal place to advertise.

Penny YapEditor


SALIFE Gardens & Outdoor Living CELEBRATES OUR FABULOUS SOUTH AUSTRALIAN OUTDOOR LIFESTYLE

SALIFE Gardens & Outdoor Living delivers ...• A reputable source of quality South Australian information

• High level of retention and sharing among readers

• Great value for money

• A well-recognised reputable publication

• Strong connection with the reader

• Exceptional longevity with good retention in the household and in commercial waiting rooms and on coffee tables

Now in our tenth year of publication and available over four issues in summer, autumn, winter and spring, SALIFE Gardens & Outdoor Living is endorsed by the Nursery and Garden Industry South Australia.

ABO

UT

us ..

. » First published as an annual in 2010, and now quarterly

» Sold through 300 newsagencies, independent hardware stores and nurseries state-wide

» Glossy, full-colour reproduction is a reflection of the quality of the features and advertised products

» High retention rate finds all SALIFE titles in beauty salons, doctors’ rooms, dental surgeries and bed and breakfast accommodation

» Entirely SA owned, produced and printed

» Reach a highly engaged audience on Facebook and Instagram


FEATURE GARDENS» From lush Hills gardens to clever water-wise planting, we feature a diverse range of properties that appeal to all, whatever their skill level.

EXPERT ADVICE » From Michael Keelan’s mailbag to more expansive “how to” features, this magazine is packed with relevant local content from the experts.

ENGAGING WITH THE COMMUNITY » Diary dates, open gardens and good news stories from within the gardening community make this a truly South Australian magazine.

MICHAEL KEELAN’S SEASONAL GUIDE » Handy reminders of what needs doing in the garden plus recommended ornamentals in flower and edibles to plant.

FEATURES ...

Adding print magazines to any other media channel delivers strong consumer brand affinity and purchase intent, beyond that achieved when advertising is seen on any other two channel combinations.

Magazines performance is driven by strong passion among readers:• Higher claimed attention paid to advertising print

magazine over other channels• Ability to deliver trust and inspiration, which leads

to stronger brand confidence and purchase intent• Ability to build product and brand knowledge,

driving greater brand familiarity and engagement.

Fiftyfive5, May 2017; “The impact of including Magazine advertising in an integrated campaign

THE POWER OF PRINT


QU

ICK

fact

s ... 56% Love to garden

57% Of readers love to entertain at home56% Value keeping fit89% Own their own home53% Own a dog60% Shop at independent retailers44% Eat out on average once a week

On a regular basis SALIFE subscribers like to; • 55% Cook• 75% Read• 51% Listen to music/see live music• 54% Travel within SA• 53% Go shopping

WHY USTargeted communications are more persuasive and effective.When it comes to engaging with your target audience, magazines such as SALIFE Gardens & Outdoor Living are already one step ahead because they establish a strong, intimate one-on-one relationship with their readers.

Both editorial and advertising content is relevant.When it comes to engaging with your target audience, magazines such as SALIFE Gardens & Outdoor Living are already one step ahead because they establish a strong, intimate one-on-one relationship with their readers.


Contact us ...

GET

IN T

OU

CH

with

us

... FIND US ON SOCIAL MEDIA

@ SALIFEmags

@ SALIFEMagazine

@ salifepublications

Subscribe to our e-newsletters at salife.com.au

BROOKE SEWARD » [email protected] » 8224 1665

SINEAD SYNDICAS » [email protected] » 8224 1666

PETA MACDONALD » [email protected] » 8224 1671

Advertising rates

INSERTIONS x1 x2 x3 x4

Double page spread 3500 3250 3000 2750

Inside front cover DPS 6000 5500 5000 4500

Inside back cover DPS 5250 4750 4250 3750

Inside front cover 4250 3750 3250 2750

Inside back cover 3750 3250 2750 2250

Back cover 5000 4500 4000 3500

Full page 2400 2200 2000 1800

Half page vertical 1350 1250 1150 1050

Half page horizontal 1150 1050 950 850

Quarter page 700 600 500 400

Rates (please note prices do not include GST)

Conditions

SALIFE Gardens & Outdoor Living is full colour throughout. There is no extra charge for four-colour advertisements.

PLEASE NOTE A signed advertising order form

with the details of your

requirements is necessary to

confirm your booking.

FILES Press Quality PDF files (300dpi,

CMYK and fonts embedded),

EPS, TIFF and JPEG files will be

accepted.

Hard copy proofs, provided from

a printer’s professional colour

proofing system will be colour

matched before printing. All

other hard copy proofs will be

used as a positional guide only.

ARTWORK COSTS If you require us to produce

your advertising artwork, the

following production charges

apply (excl. GST): Full page

$250.00, Half page $200.00,

Quarter page $100.00. Supplied

photographs and logos for your

artwork need to be provided at

300dpi, either as EPS, TIFF or

JPG files.

Right hand page plus 20%.

Who’s Who and Editor’s Letter plus 25%.

Vertical half page next to editorial plus 25%.

Other nominated position plus 15%.

1 Cancellations made after the final copy deadline for each issue and prior to 2 weeks from publication will be subject to 50% of the quoted advertising rate. Any cancellations made 2 weeks or less prior to publication will incur 100% of the quoted advertising rate.

2. A contract is for 12 months from the date of first issue booked. 3. All material and/or instructions for advertising will be provided by the published copy deadline. 4. If the contract is rescinded or not fulfilled in any way, a surcharge applies. The surcharge (cancellation of contract fee) is the dollar difference between the rate for the contract level agreed and

signed for (i.e. the number of insertions) and the rate for the number of insertions actually used multiplied by the number of insertions not used. (If uncertain about the surcharge implications please ask us for further details or an example).

5. Unless otherwise agreed in writing, photographs taken by Solstice Media or contractors of Solstice Media are copyright to Solstice Media and must not be reproduced without permission. 6. The publisher takes no responsibility for colour or accurate reproduction if a proof does not accompany supplied advertisements. I acknowledge that I have read and agree to the Solstice Media terms and

conditions of trade, and also that conditions 1-6 above (especially condition 4) have been fully explained to me and that a surcharge or rate adjustment may apply.7. The terms and conditions have been received and are agreed to.

PUBLISHERS INDEMNITY: Advertisers and/or advertising agencies, upon lodging material with the publisher for publication or authorising or approving of the publication of any material, indemnify the publisher, its directors, employees and agents against all claims, demands, proceedings, costs, expenses, damages, awards, judgements and any other liability whatsoever, wholly or partially arising directly or indirectly in connection with the publication of material and without limiting the generality of the foregoing, indemnify each of them in relation to defamation, libel, slander of title, infringement of copyright, infringement of trademarks or names of publication titles, unfair competition, breach of trade practices or fair trading legislation, violation of rights of privacy or confidential information or licences or royalty rights or other intellectual property rights, and warrant that the material complies with all the laws and regulations and that its publication will not give rise to any claims against the publisher, its directors, employees and agents and without limiting the generality of the foregoing, that nothing therein is in breach of the Trade Practices Act 1974 or the Copyright Act 1968 or the Fair Trading Act 1987 or the defamation consumer protection and sale of goods legislation of the States and Territories or infringes the rights of any person.

EFFECTIVE December 2018

Level 3, 169 Pirie Street, Adelaide South AustraliaT 08 8224 1669 F 08 8224 1664

E [email protected] W salife.com.au© COPYRIGHT SOLSTICE MEDIA

ABN 63 105 598 187

ISSUE ISSUE ON SALE BOOKING DEADLINE MATERIAL DEADLINE

Winter June 6 May 1 May 8

Spring September 5 July 26 July 31

Summer November 21 October 25 October 30

Autumn March 5 January 31 February 5

2019/20 Advertising deadlines




ABN 63 105 598 187

DOUBLE PAGE with 3mm bleed

486mm wide x 306mm high

(trim size 480mm wide x 300mm high)

Ensure type is 15mm from the gutter. Keep all

important information 10mm from the top and

bottom of your page.

FULL PAGE with 3mm bleed246mm wide x 306mm high

(trim size 240mm wide x 300mm high)

Ensure type is 15mm from the gutter,

remember your advertisement could be

on a left or right hand page. Keep all

important information 10mm from the

top and bottom of your page.

HALF PAGE HORIZONTAL


HALF PAGE VERTICAL


QUARTER PAGE


Contact us for specifications for back cover, gatefolds, inserts, onserts and flysheet.Advertisement sizes

Artwork specifications

SALIFE GARDENS & OUTDOOR

LIVING’s finished size is 240mm

wide x 300mm high and is burst

bound. It is printed on 115gsm gloss

art stock, with the cover printed on

300gsm satin stock. It is published

each year and retails for $5.50.

Please ensure • All artwork is supplied as Press

Quality PDFs.

• All images and logos are 300dpi,

CMYK (no spot colours).

• All fonts are embedded or outlined.

• All double page and full pages are

supplied with 3mm bleed.

This continuation of your artwork

allows for potential minor variation

when the magazine is trimmed.

• The minimum font size is 6.5pt for

contact details and minimum 7.5pt

for body copy. Reversed text should

be medium to bold.

• Colours will only be matched if

artwork is supplied with a hard copy

proof, provided from a printer’s

professional colour proofing system.

All other hard copy proofs will be

used as a positional guide only.




ABN 63 105 598 187

To book advertising space in SAGardens & Outdoor Living please fill in this booking form and return to our office by fax as soon as possible. Space bookings must be accompanied by a signed confirmation form.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. ABN: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. FAX: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

POST CODE: . . . . . . . . . . . . . . . . . . . . . . .

POST CODE: . . . . . . . . . . . . . . . . . . . . . . .

LEGAL NAME: .

BUSINESS/COMPANY TRADING NAME: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CONTACT NAME: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PHONE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

BILLING ADDRESS: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

COMPANY STREET ADDRESS: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

BOOKING EMAIL: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . .

SPACE REQUIREMENTS

SPRING SUMMER AUTUMN WINTER BACK COVER INSIDE FRONT COVER INSIDE BACK COVERDOUBLE PAGE FULL PAGE HALF PAGE VERT HALF PAGE HORIZ QUARTER PAGE

NO. OF ISSUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . STARTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . DATE BOOKED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

QUOTED COST PER INSERTION $ . . . . . . . . . . . . . . . . . . LOADING $ . . . . . . . . . . . . . + GST $ . . . . . . . . . . . . . . . . . . TOTAL $ . . . . . . . . . . . . . . . . . . .

*CONTRACT AMOUNT PAYABLE $ . . . . . . . . . . . . . . . . . + GST $ . . . . . . . . . . . . . . . . . TOTAL $ . . . . . . . . . . . . . . . . . .Please Note: (1) GST WILL BE APPLIED TO ALL ADVERTISING ACCOUNTS. (2) Contract is for 12 months from date of first issue booked.

UPGRADE OPTION: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ARTWORK ARTWORK SUPPLIED ARTWORK REQUIREDDEADLINE IS 4 WEEKS PRIOR TO PUBLICATION DATE. If you require us to prepare artwork please advise us at the time you book your space. We cannot guarantee quality reproduction of supplied digital images. Please note that if artwork or photography is to be completed by us we need notification at time of booking.

CHARGE: $ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PAYMENT AUTHORISATIONPAYMENT OPTIONS1. ¨ Prepay. Please note all Directory bookings must be prepaid two weeks prior to publication date.2. ¨ Standing order. Debited per issue for the duration of contract. Please see Standing Order to Debit Credit Card form.3. ¨ Fourteen day account from date of publication with completion of credit application and subsequent approval.1. Cancellations made after the final copy deadline for each issue and prior to 2 weeks from publication will be subject to 50% of the quoted advertising rate. Any cancellations made 2 weeks or less prior to

publication will incur 100% of the quoted advertising rate. 2. A contract is for 12 months from the date of first issue booked. 3. All material and/or instructions for advertising will be provided by the published copy deadline. 4. If the contract is rescinded or not fulfilled in any way, a surcharge applies. The surcharge (cancellation of contract fee) is the dollar difference between the rate for the contract level agreed

and signed for (i.e. the number of insertions) and the rate for the number of insertions actually used multiplied by the number of insertions not used. (If uncertain about the surcharge implications please ask us for further details or an example).

5. Unless otherwise agreed in writing, photographs taken by Solstice Media or contractors of Solstice Media are copyright to Solstice Media and must not be reproduced without permission. 6. The publisher takes no responsibility for colour or accurate reproduction if a proof does not accompany supplied advertisements. I acknowledge that I have read and agree to the Solstice Media terms and

conditions of trade, and also that conditions 1-6 above (especially condition 4) have been fully explained to me and that a surcharge or rate adjustment may apply.7. The terms and conditions have been received and are agreed to.

AUTHORISED BY: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SIGNATURE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SPECIAL INSTRUCTIONS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PUBLISHERS INDEMNITY: Advertisers and/or advertising agencies, upon lodging material with the publisher for publication or authorising or approving of the publication of any material, indemnify the publisher, its directors, employees and agents against all claims, demands, proceedings, costs, expenses, damages, awards, judgements and any other liability whatsoever, wholly or partially arising directly or indirectly in connection with the publication of material and without limiting the generality of the foregoing, indemnify each of them in relation to defamation, libel, slander of title, infringement of copyright, infringement of trademarks or names of publication titles, unfair competition, breach of trade practices or fair trading legislation, violation of rights of privacy or confidential information or licences or royalty rights or other intellectual property rights, and warrant that the material complies with all the laws and regulations and that its publication will not give rise to any claims against the publisher, its directors, employees and agents and without limiting the generality of the foregoing, that nothing therein is in breach of the Trade Practices Act 1974 or the Copyright Act 1968 or the Fair Trading Act 1987 or the defamation consumer protection and sale of goods legislation of the States and Territories or infringes the rights of any person.

Advertising booking confirmation

WOULD YOU LIKE TO RECEIVE OUR REGULAR E-NEWSLETTERS?

EFFECTIVE July 2018


E admin@salife .com .au W salife .com .au© COPYRIGHT SOLSTICE MEDIA

ABN 63 105 598 187

BOOKING #

1. Definitions in these terms:1.1 Business Day means a day that is not a Saturday, Sunday or public holiday in

South Australia;1.2 Solstice Media means Solstice Media (63 105 598 187), of Level 3, 169 Pirie

Street, Adelaide SA 5000;1.3 Encumbrance means any encumbrance or Security Interest and includes any

legal or equitable mortgage, charge, hypothecation, pledge, lien, title retention or conditional sales agreement, hire or hire purchase agreement, option or restriction about transfer, use or possession;

1.4 GST means goods and services tax or any other similar tax imposed by reason of a supply of the Goods and Services under these terms;

1.5 Goods and Services means the relevant goods and/or services (as applicable) supplied by Solstice Media to You from time to time in accordance with these terms and as defined in the Order and the Invoice;

1.6 Guarantor means the person who agrees to be liable for Your debts and obligations under these terms;

1.7 Insolvency Event means:1.7.1 If You are a body corporate:

(a) an administrator is appointed to You;(b) You resolve to be wound up;(c) a court order is made that You be wound up (for insolvency or otherwise); (d) You cease business or a substantial part of Your business;(e) a receiver or manager is appointed to You;(f) a liquidator or provisional liquidator is appointed to You; (g) You enter into an arrangement with Your creditors; or(h) You are unable to pay Your debts when they are due;

1.7.2 If You are a natural person:(a) You have committed an act of bankruptcy as contemplated by the

Bankruptcy Act 1966 (Cth);(b) You are unable to pay Your debts as and when they become due and

payable;(c) the court has made a sequestration order against Your estate;(d) a creditors’ petition has been presented against You;(e) You have presented to the official receiver a declaration of intention to

present a debtor’s petition;(f) You become a bankrupt;(g) a meeting of Your creditors is convened; (h) You lodge with Your trustee a proposal to Your creditors for a

composition in satisfaction of Your debts or a scheme of arrangement of Your affairs; or

(i) You cease business or a substantial part of Your business;

1.7.3 If You are trading as a partnership, the occurrence of any of the events described in clause 1.6.2 in relation to any of the partners of the partnership;

1.8 Intellectual Property includes all copyright, patents, service marks, trade names, trademarks, registered designs, licences, authorities, trade secrets and know-how, whether registered or unregistered and including any application or right to apply for any such intellectual property;

1.9 Invoice means the relevant invoice or other documents issued by Solstice Media to You in respect of the supply of the Goods and Services in accordance with a corresponding Order;

1.10 Loss means any cost, expense (including legal expenses on an indemnity basis), loss, charge, fee, payment (including payment under any indemnity), damage or liability whether present or future, fixed or unascertained, actual or contingent and includes direct, indirect or consequential losses (including pure economic loss);

1.11 Order means a request by You to Solstice Media for the supply of certain goods and services to You under these terms;

1.12 PPSA means the Personal Property Securities Act 2009 (Cth), any regulations made at any time under the PPSA, or any amendment to the PPSA or those regulations, made at any time, as the context requires;

1.13 Price means the price charged by Solstice Media for the supply of the Goods and Services to You, being, in Solstice Media’s absolute discretion, either the price shown on the Invoice, or the price for the Goods and Services shown on Solstice Media’s then current price list, (as that price list is amended, varied or substituted from time to time);

1.14 Personal Information has the meaning given in the Privacy Law;1.15 Privacy Law means the Privacy Act 1988 (Cth) and any other Australian

legislation affecting the collection, use and handling of information such as Personal Information;

1.16 Term means 12 months from the date of the first issue published in respect of the supply of the Goods and Services pursuant to an Order, or such other period as agreed in writing between Solstice Media and You, and subject to the termination provisions of these terms; and

1.17 You means the person to whom the Goods and the Services are provided and any person acting on behalf of, and with the authority of, that person (and the term Your has a corresponding meaning).

2. Interpretation in these terms:2.1 neuter includes masculine and feminine, singular includes plural and vice versa,

another grammatical form of a defined word has a corresponding meaning and reference to “includes” or “including” means without limitation;

2.2 reference to a person includes a corporation, partnership, trust, association, unincorporated body, authority or other entity and vice versa and includes a successor to the rights or obligations of that party under these terms and includes its executors, administrators, successors and permitted assigns, and, if more than one, means each of them jointly and severally;

2.3 a reference to a document includes the document as assigned, novated, amended, supplemented or replaced from time to time;

2.4 headings do not affect interpretation and no rule of construction applies to the disadvantage of a party because that party put forward these terms or any portion of them;

2.5 if a provision of these terms would, but for this clause, be unenforceable, then the provision must be read down to the extent necessary to avoid that result and, if the provision cannot be read down to that extent, it must be severed without affecting the validity and enforceability of the remainder of these terms;

2.6 reference to legislation includes the legislation as amended, any substituted legislation, any sub-ordinate legislation under that legislation, any orders under that legislation and any equivalent legislation in any other jurisdiction;

2.7 reference to a clause, paragraph, schedule or annexure is to a clause or paragraph of, or a schedule or annexure to, these terms, and a reference to these terms includes any schedule or annexure; and

2.8 if a day on or by which an obligation must be performed or an event must occur is not a Business Day, the obligation must be performed or the event must occur on or by the next Business Day.

3. Application of these termsThese terms apply to the supply of the Goods and Services by Solstice Media to You from time to time during the Term. For the avoidance of doubt, these terms apply to the supply of Goods and Services by Solstice Media to You in respect of any present or future publication produced by Solstice Media from time to time including, without limitation, SA Life Magazine.

4. Variation to these terms4.1 These terms may be amended, varied or substituted by Solstice Media at its

discretion at any time and from time to time. 4.2 Any amendment, variation or substitution of these terms in accordance with

clause 4.1 will take effect immediately upon notice to You.4.3 Solstice Media does not authorise any of its agents or representatives to make,

and Solstice Media will not be bound by, any representations, statements, conditions or agreements in relation to these terms except as made by the manager in writing.

5. Order and Supply of Goods and Services5.1 You may place an Order with Solstice Media for the provision of Goods and

Services at any time.5.2 Solstice Media may, in its absolute discretion, accept or reject an Order. 5.3 If Solstice Media accepts an Order, Solstice Media will supply the Goods and

Services to You on these terms.

6. Amendment of Order6.1 By written notice to Solstice Media, You may request an amendment to an Order.6.2 If You request an amendment to an Order after the final copy deadline for

each issue (if applicable) then, subject to clause 6.3, Solstice Media may, in its absolute discretion by notice to You, accept or reject that request.

6.3 If Solstice Media accepts Your request, Solstice Media may charge You all fees and charges associated with carrying out Your instructions to amend any Order.

6.4 No amendments to any Order are effective unless confirmed in writing by Solstice Media.

7. Cancellation of Order7.1 By Solstice Media

Solstice Media may, by notice to You at any time before the Goods and Services are delivered, cancel an Order it has previously accepted, and Solstice Media will not be liable to You for any Loss You suffer as a result of any such cancellation.

7.2 By You7.2.1 By written notice to Solstice Media, You may cancel an Order at any time. 7.2.2 If You cancel an Order after the final copy deadline for each issue (if applicable)

but before the date that is two weeks before the publication date (as determined by Solstice Media from time to time and notified to You), then You must pay Solstice Media a cancellation fee equal to 50% of the Price for the cancelled Goods and Services.

7.2.3 If You cancel an Order on or after the date that is two weeks before the publication date (as determined by Solstice Media from time to time and notified to You), then You must pay Solstice Media a cancellation fee equal to 100% of the Price for the cancelled Goods and Services.

7.3 You acknowledge and agree that the cancellation fees referred to in clause 7.2 are fair and reasonable and are a genuine pre-estimate of the actual Loss likely to

TERMS & CONDITIONS OF TRADE

be suffered by Solstice Media as a result of the cancellation of Orders.8. Delivery of Goods and Services8.1 Solstice Media will use its best endeavours to deliver the Goods and Services to

You in accordance with the Order or as otherwise agreed in writing between You and Solstice Media.

8.2 Solstice Media’s failure to deliver the Goods and Services for any reason shall not entitle You to repudiate these terms and Solstice Media shall not be liable to You or any other party claiming through You for any Loss suffered due to failure to deliver the Goods and Services promptly or at all.

9. Defective Goods and Services9.1 If, within two Business Days of delivery of the Goods and Services, You notify

Solstice Media of any defective or damaged Goods and Services, then You shall allow Solstice Media a reasonable period of time to inspect the Goods and Services to determine whether or not they are defective or damaged.

9.2 If Solstice Media determines that the Goods and Services are defective or damaged, then Solstice Media will resupply the defective or damaged Goods and Services.

9.3 If no notice is provided to Solstice Media pursuant to clause 9.1, then the supply of the Goods and Services shall be deemed to be in accordance with these terms and not defective or damaged.

9.4 The instructions to Solstice Media contained in an Order are solely Your responsibility and Solstice Media will not be responsible to check the accuracy of any Order or to undertake a final check of the Goods and Services (including final proof reading). Solstice Media is not liable to You for any Loss You suffer as a result of any error contained in the Order. For the avoidance of doubt, the Goods and Services shall not be defective because of an error in an Order or errors made by You in the final check of the Goods and Services.

10. Payment of Price for Supply of Goods and Services10.1 Subject to clause 10.2, You must pay Solstice Media the Price in accordance

with the Invoice or as otherwise agreed between You and Solstice Media from time to time. If no time frame for payment of the Price is specified in the Invoice or otherwise agreed, then You must pay the Price on delivery of the Goods and Services.

10.2 Solstice Media may, in its absolute discretion and as agreed in writing between You and Solstice Media from time to time:

10.2.1 allow or require that You pay the Price in instalments in accordance with Solstice Media’s delivery/payment schedule or otherwise;

10.2.2 allow or require that You pay the Price on the 30th day of the month following the date on which Solstice Media provides You with an Invoice;

10.2.3 allow or require that You pay the Price within 7 days of the date on which Solstice Media provides You with an Invoice;

10.2.4 require that You pay a deposit for an amount determined by Solstice Media’s in its absolute discretion (which will be payable immediately upon notice to You or as otherwise agreed in writing); or

10.2.5 agree to any other arrangement or impose any other requirements in relation to the payment of the Price by You.

10.3 Payment of the Price or the deposit must be made by cheque, bank cheque, money order, credit card, direct credit, or any other means agreed between You and Solstice Media.

10.4 Any payments made by credit card may attract an additional surcharge, which will be notified by Solstice Media to You when applicable.

10.5 Interest shall be payable by You on all amounts which have not been paid in accordance with this clause 10 at a daily rate of 2.5%, compounding per calendar month.

10.6 Without limiting clause 10.5, if any amount payable by You remains unpaid for two months after the due date then an amount of either $20 or 10% of the amount outstanding (whichever is greater) will immediately become payable in addition to all other amounts outstanding or owing by You.

10.7 The Price or any other amount due by You shall not be reduced by way of set-off, counterclaim or otherwise without Solstice Media’s prior written consent.

10.8 If an Insolvency Event occurs then the Price and all other amounts that may be due by You to Solstice Media at some future date become immediately payable.

11. Indemnity by You You agree to indemnify Solstice Media against all Loss suffered by Solstice Media

arising from or in connection with its performance of these terms except to the extent that such Loss is a result of Solstice Media’s breach or negligence.

12. Goods and Services Tax12.1 Unless stated otherwise in the Invoice, the Price and other amounts payable by

You under these terms are calculated and expressed exclusive of GST.12.2 If GST is or becomes payable by Solstice Media for a supply under these terms,

You must pay to Solstice Media an amount equal to the GST payable on that supply.

12.3 An amount payable under this clause must be paid:12.3.1 if in respect of the supply of Services, at the same time as the payment of the

Price;12.3.2 if in respect of any other supply under these terms, at the same time as the

payment of the amount payable by You in respect of that supply is due;12.3.3 in addition to the Price and any other amounts payable by You under these terms.12.4 If You fail to pay an amount payable under this clause when due, Solstice Media

may recover it from You as a debt under these terms.12.5 If an amount is payable under this clause, Solstice Media must deliver a tax

invoice to You within 7 days of receiving such payment.13. Suspension and Termination for Default13.1 These terms and conditions, any Order or the supply of any Goods and Services

may at Solstice Media’s option, be suspended or terminated by Solstice Media immediately without further notice to You if:

13.1.1 You or the Guarantor fail to pay when due any amounts owing to Solstice Media in connection with these terms and conditions;

13.1.2 You breach any term of these terms and conditions (other than a term relating to payment of the Price or any other amounts to Solstice Media) and Solstice Media provides notice to You requiring You to rectify the breach within 5 days of giving such notice and You fail to rectify the breach to the satisfaction of Solstice Media within that period; or

13.1.3 an Insolvency Event occurs in relation to You or the Guarantor.13.2 Termination of these terms and conditions will have the effect of automatically

terminating all outstanding Orders or supplies of Goods and Services.13.3 The termination of these terms and conditions for whatever reason is without

prejudice to any rights or liabilities of the parties accrued to the date of termination.

14. Guarantee and Security14.1 The Guarantor unconditionally guarantees and indemnifies Solstice Media for the

due and punctual payment or all amounts owing by You, and the performance of all obligations required to be performed by You, under these terms and conditions.

14.2 To secure the payment of the Price and all other amounts owing by You to Solstice Media, and the performance of all obligations required to be performed by You, under these terms You and the Guarantor (as applicable) grant to Solstice Media an Encumbrance over the Goods and Services and all other real and personal property You and the Guarantor (as applicable) own or hold.

14.3 Solstice Media may take any action it considers necessary to enforce or protect its interest under clause 14.2, including registering that interest on any relevant register.

14.4 You and the Guarantor (as applicable) acknowledge and agree that:14.4.1 Solstice Media may register a caveat or other Encumbrance over any real property

You and the Guarantor (as applicable) own; and14.4.2 Solstice Media may register a Security Interest or other Encumbrance over any

personal property You and the Guarantor (as applicable) own and do anything contemplated by clause 15.1.

14.5 Upon Your request and subject to payment of all amounts owning to Solstice Media, Solstice Media will release any interest it is granted under clause 14.2 and, subject to You indemnifying Solstice Media for the cost of removal or discharge, Solstice Media will remove or discharge that interest from any register it has been noted on pursuant to clause 14.3.

14.6 You hereby irrevocably appoint Solstice Media as Your attorney for the purpose of exercising all rights in respect of the interest granted under clause 14.2 and to do anything and execute all instruments necessary for Solstice Media to exercise all rights and protect the interest granted under clause 14.2.

15. Personal property and securities act15.1 If Solstice Media determines that these terms (or a transaction in connection

with these terms) provides for or creates or contains a Security Interest for the purposes of the PPSA, You and the Guarantor (as applicable) agree that these terms (along with any Orders, Invoices and other relevant agreements) constitute a Security Agreement and to do anything (including without limitation obtaining consents and agreements, giving notices, signing and producing documents, getting documents completed and signed and supplying information including serial numbers) which Solstice Media, acting reasonably, asks and considers necessary for the purposes of:

15.1.1 ensuring that the Security Interest is enforceable, Perfected and otherwise effective; or

15.1.2 enabling Solstice Media to apply for any registration, completing any financing statement or giving any notification, in connection with the Security Interest; or

15.1.3 enabling Solstice Media to exercise rights in connection with the Security Interest; or

15.1.4 enabling Solstice Media to Perfect within the time limit specified in the PPSA its Security Interest, including any Security Interest that is, or is to be, created or provided for by these terms in relation to any personal property granted a temporary perfection under the PPSA at any time; or

15.1.5 enabling Solstice Media, where Solstice Media’s documents meet the requirements of the PPSA to register fully valid and effective financing statements or financing change statements with respect to any Security Interest held or intended to be held by Solstice Media under these terms at any time.

15.2 To the extent permitted by law, Solstice Media need not give any notices to You or the Guarantor (as applicable) under the PPSA including notice of a verification statement.

15.3 For the purposes of this clause 15, any word or combination of words used in these terms that is or are defined in the PPSA will have the same meaning as in the PPSA, unless the context otherwise requires.

16. Other matters You must do everything reasonably required by Solstice Media to carry out these

terms.


17. Your Warranties17.1 You warrant that all designs and other instructions contained any Order will not

cause Solstice Media to infringe any Intellectual Property by the supply of Goods and Services pursuant to that Order.

17.2 You warrant that You make all Orders relying solely on Your own skill, expertise and judgement.

18. Title and Risk18.1 The Goods and Services remain the property of Solstice Media until You pay the

Price and all other amounts owing to Solstice Media. Until that time you are to hold the Goods and Services for Solstice Media on trust.

18.2 Risk in the Goods and Services passes from Solstice Media to You on delivery.

19. Change in Law Solstice Media takes no responsibility for changes in law that effect the Goods

and Services and the supply of the Goods and Services.

20. Liability20.1 Except to the extent required by law, Solstice Media does not give, and will not be

bound by, any warranty in respect of the Goods and Services.20.2 Except where required by mandatory operation of law, Solstice Media shall not

be liable to You for any Loss You suffer including any indirect loss or expense (including for loss of profit) suffered by You in connection with these terms.

20.3 Solstice Media shall not be liable to any person other than You in connection with the provision of the Goods and Services and You shall indemnify and keep indemnified Solstice Media in respect of any Loss suffered by any third party in connection with the provision of the Goods and Services in accordance with these terms.

20.4 Without limiting any other provisions of these terms and subject to mandatory operation of law:

20.4.1 where legislation permits Solstice Media to limit its liability for breach of any non-excludable condition or warranty, Solstice Media’s liability shall be limited to resupply of the Goods and Services; and

20.5 in any other case, Your remedies shall be limited to damages and under no circumstances shall Solstice Media’s liability to You under these terms exceed an amount equal to the Price.

21. Copyright and Intellectual Property Where Solstice Media has produced Intellectual Property for You in the supply

of the Goods and Services, Solstice Media owns that Intellectual Property and that Intellectual Property shall only be used by You with the prior written consent of Solstice Media. For the avoidance of doubt, the copyright in all photographs taken by Solstice Media in connection with the Goods and Services is owned by Solstice Media and such photographs may only be used by You with the prior written consent of Solstice Media.

22. Confidentiality22.1 Confidentiality obligation A party must keep confidential, and must not disclose to any other person without

the prior written consent of the other party:22.1.1 all information obtained in investigations or negotiations leading to this document;

and22.1.2 the terms of this document; and22.1.3 all information made available to the party under, or in connection with, or in the

course of performance of this document.22.2 Exceptions The parties’ obligations under clause 22.1 do not apply to a disclosure to the

extent that the disclosure is:22.2.1 necessary to the performance of this document; or22.2.2 made on a confidential basis with the other party’s consent in writing to the fact

and contents of the disclosure; or22.2.3 required by the rules of an applicable stock exchange or by law or by the

regulations of any government or government agency having jurisdiction over the party concerned; or

22.2.4 of information that is in the public domain (other than as a breach of this clause); or

22.2.5 to the party’s solicitors, barristers or other professional advisers who are under a duty of confidentiality.

22.3 Survival This clause survives any termination or expiry of this document.

23. Personal Information23.1 From time to time Solstice Media may collect Personal Information from You and

the Guarantor for various purposes, including for the purpose obtaining a credit report about You and the Guarantor (as applicable) in relation to the supply of the Goods and Services and the payment of the Price and other amounts due to Solstice Media in accordance with these terms.

23.2 Solstice Media, You and the Guarantor acknowledge and agree that in respect of any Personal Information Solstice Media receives or has access to under these terms:

23.2.1 it will comply with the Privacy Law; and23.2.2 it will only use Personal Information for the purposes for which it was provided to

Solstice Media, unless Solstice Media obtains Your prior written consent to use the Personal Information for any other purpose.

23.3 For the purposes of clause 23.2.2, You and the Guarantor (as applicable) acknowledge that Solstice Media may:

23.3.1 exchange information about You and the Guarantor (as applicable) with any credit providers named in any relevant application for credit You and the Guarantor (as applicable) make, in any relevant account and in a consumer credit report issued by a reporting agency for the following purposes: (a) to assess a credit application by You and the Guarantor (as applicable);(b) to notify other credit providers of a default by You and the Guarantor (as

applicable);(c) to exchange information with other credit providers as to the status of

any credit account, where You and the Guarantor (as applicable) are in default with other credit providers; and

(d) to assess the credit worthiness of You and the Guarantor (as applicable).23.4 You and the Guarantor (as applicable) consent to Solstice Media being given a

consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) of the Privacy Law).

23.5 You and the Guarantor (as applicable) acknowledge and agree that Solstice Media may give, information about You and the Guarantor (as applicable) to a credit reporting agency for the following purposes:

23.5.1 to obtain a consumer credit report about You and the Guarantor (as applicable); and or

23.5.2 to allow the credit reporting agency to create or maintain a credit information file containing information about You and the Guarantor (as applicable).

24. Change of Your details You must notify Solstice Media not less than 14 days before You change any of

Your details including Your name, address, telephone and facsimile numbers and email address.

25. No waiver A party waives a right under these terms only by written notice that it waives that

right. A waiver is limited to the specific instance to which it relates and to the specific purpose for which it is given.

26. Time of the essence26.1 Time is of the essence as regards any date or period under these terms.26.2 If the parties agree in writing to alter a date or period, time is of the essence as

regards the altered date or period.

27. Force majeure A party is not liable for failure to perform these terms to the extent and for so long

as its performance is prevented or delayed because of circumstances outside the party’s direct control and without fault or negligence by that party, but only if that party:

27.1 immediately gives written notice to the other party; and27.2 does everything reasonable to remedy the cause quickly.

28. Assignment and Novation28.1 Solstice Media may assign, novate, license or sub-contract its interests under

these terms at any time without notice to You and without Your consent.28.2 You may only assign, novate, license or sub-contract Your interests under these

terms with Solstice Media’s prior written consent, which consent may be withheld in Solstice Media’s absolute discretion.

29. Notice29.1 Method Notice can only be in English, in writing and signed by the party or its agent.29.2 Service Notice can only be given to a party:29.2.1 personally;29.2.2 by registered post, facsimile transmission or email to the last known address,

facsimile number or email address (respectively) as notified to the other party from time to time;

29.2.3 as permitted by the Corporations Act 2001 (Cth) or any other statute.29.3 Time of receipt A notice is deemed to have been given and received:29.3.1 if delivered personally, on the day of delivery if delivered before 5.00pm on a

Business Day, otherwise on the next Business Day;29.3.2 if posted, at the time at which the letter would be delivered in the ordinary course

of post;29.3.3 if by facsimile transmission when the sending machine confirms notice has been

sent if that is before 5.00pm on a Business Day, otherwise on the next Business Day; and

29.3.4 if by email when the sending machine confirms notice has been sent if that is before 5.00pm on a Business Day, otherwise on the next Business Day.

29.4 Party comprising more than one here two or more people comprise a party, notice to one is effective notice to all.

30. Governing law30.1 These terms are governed by the laws in South Australia.30.2 The courts of South Australia or the Federal Court of Australia (Adelaide Registry)

have non-exclusive jurisdiction in connection with these terms.30.3 The parties submit to the jurisdiction of those courts and any courts which have

jurisdiction to hear appeals from those courts.


Date post:	31-Dec-2020
Category:	Documents
Upload:	others
View:	3 times
Download:	0 times

gardens - Solstice Media...Unless otherwise agreed in writing, photographs taken by Solstice Media...

Documents