Pulse Media Group – Standard Advertising Terms and Conditions
1. Definitions and Interpretation
1.1 Definitions
In these Standard Advertising Terms and Conditions (“Terms”), unless the context otherwise requires:
- Advertising means any advertisement, announcement, sponsorship, branded content, advertorial, display advertisement or other promotional material published, communicated or broadcast by Pulse on behalf of a Client.
- Advertising Order means any written order, proposal, schedule or agreement accepted by Pulse which sets out the specific advertising services, deliverables, pricing and term.
- Agreement means these Terms together with any applicable Advertising Order.
- Business Day means a day other than a Saturday, Sunday or public holiday in Tasmania.
- Claim means any claim, demand, loss, damage, cost, expense, liability, proceeding or action.
- Client means the advertiser identified in the relevant Advertising Order.
- Fees means the fees payable by the Client to Pulse as set out in the applicable Advertising Order.
- GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Material means any advertising content, copy, creative assets, images, audio, video or other materials supplied by the Client or created by Pulse for the purposes of Advertising.
- Pulse means Pulse Media Group Pty Ltd (ABN 99 652 460 001).
- Pulse Platforms means any website, application, publication, social media account or media channel owned, operated or controlled by Pulse.
2. Application of These Terms
2.1 These Terms apply to all Advertising supplied by Pulse unless expressly varied in writing.
2.2 In the event of any inconsistency between these Terms and an Advertising Order, the Advertising Order prevails to the extent of the inconsistency.
3. Term
3.1 The term of the Agreement is as specified in the relevant Advertising Order.
3.2 Any renewal, extension or variation of the term must be agreed in writing.
4. Advertising Services
4.1 Pulse will provide the Advertising services described in the applicable Advertising Order.
4.2 Pulse will use reasonable endeavours to publish or broadcast Advertising within requested timeframes but does not guarantee specific placement, reach, engagement, impressions or outcomes unless expressly stated.
4.3 All Advertising is subject to availability and Pulse’s editorial, operational and technical requirements.
4.4 Unless expressly stated, unused advertising inventory or services are not refundable and may only be rolled over at Pulse’s discretion.
5. Fees and Payment
5.1 The Client must pay all Fees in accordance with the Advertising Order.
5.2 Unless otherwise agreed:
- Fees are payable in advance; and
- invoices must be paid by the due date specified.
5.3 All Fees are exclusive of GST. GST will be payable in addition where applicable.
5.4 If payment is not made by the due date, Pulse may:
- suspend services; and/or
- charge interest on overdue amounts at 10% per annum, calculated daily.
5.5 Any discounts are conditional on the Client complying with the full term of the Agreement and may be reversed if the Agreement is terminated early by the Client.
6. Material Supply and Booking Requirements
6.1 The Client must supply all Material in the format and by the deadlines specified by Pulse.
6.2 Unless otherwise agreed:
- advertising placements must be booked at least 7 days in advance; and
- Material must be supplied at least 72 hours prior to publication.
6.3 If the Client fails to supply Material on time:
- Pulse may postpone or cancel the Advertising; and
- the Client remains liable for all Fees.
6.4 All Material must comply with applicable laws, advertising codes and Pulse’s content standards.
7. Use of Client Material and Publicity
7.1 The Client grants Pulse a non-exclusive, royalty-free licence to use the Material for the purposes of providing the Advertising.
7.2 The Client acknowledges that Advertising and related content may remain publicly accessible and archived by Pulse for editorial, reference or record-keeping purposes.
7.3 Pulse may:
- identify the Client as an advertiser;
- describe the services provided; and
- use the Client’s name and logo for portfolio, case studies, tenders and promotional materials.
7.4 If the Client objects to such use, it must notify Pulse in writing and Pulse will cease such use within a reasonable timeframe.
8. Intellectual Property
8.1 All intellectual property rights in materials created by Pulse remain the property of Pulse.
8.2 The Client must not use Pulse-created materials outside Pulse Platforms without prior written consent.
8.3 The Client warrants it owns or has rights to all Material it supplies.
9. Pulse’s Discretion
9.1 Pulse may, acting reasonably:
- refuse, amend, remove or cancel Advertising; or
- require changes to ensure legal or regulatory compliance.
9.2 Pulse may add required disclosures such as “Advertisement” or “Sponsored”.
9.3 Pulse is not liable for exercising its discretion under this clause.
9.4 Where Advertising is cancelled by Pulse, Pulse may offer a credit or refund at its discretion.
10. Geotargeting and Technology
10.1 Where geotargeting or digital targeting is offered, Pulse will take reasonable steps to deliver as intended.
10.2 The Client acknowledges that third-party technology may be imperfect and Pulse is not responsible for inaccuracies outside its control.
11. Public Commentary and Brand Safety
11.1 Pulse is not responsible for third-party comments, reactions or user-generated content.
11.2 Pulse may moderate content on its platforms in good faith, subject to:
- editorial policies;
- legal obligations; and
- reasonable discretion.
11.3 Brand safety measures are provided on a best-endeavours basis only and are not guaranteed.
12. Client Warranties
The Client warrants that:
- all Material is lawful, accurate and not misleading;
- it holds all necessary rights and approvals;
- the Advertising will not infringe third-party rights; and
- the Advertising complies with Australian Consumer Law and advertising standards.
13. Indemnity
13.1 The Client indemnifies Pulse and its related parties against all Claims arising from:
- breach of the Agreement;
- supplied Material; or
- unlawful or misleading Advertising.
13.2 This indemnity survives termination.
14. Liability and Limitations
14.1 To the maximum extent permitted by law, Pulse excludes all implied warranties.
14.2 Pulse is not liable for indirect, consequential or economic loss, including loss of profits or goodwill.
15. Confidentiality
15.1 Each party must keep confidential information confidential.
15.2 Confidentiality obligations survive termination.
16. Termination
16.1 Termination rights are as set out in the applicable Advertising Order.
16.2 Upon termination:
- outstanding Fees become immediately payable; and
- accrued rights survive.
17. Force Majeure
Pulse is not liable for failure or delay caused by events beyond its reasonable control and may suspend performance for the duration of such events.
19. Privacy
Pulse handles personal information in accordance with the Privacy Act 1988 (Cth) and its Privacy Policy.
