Standard Terms & Conditions for Advertisers

The following Terms and Conditions (the "Standard Terms") shall be deemed to be incorporated into the Advertising Request order (the "Advertising Request Order"):

1. Terms of Payment
   Pre-payment is required by cheque, Cash or Money Order, in either Australian or U.S. funds made payable to Australian SnowzonE. Regular and or bulk advertising purchasers may apply for a 30 day account at Australian SnowzonE's sole discretion with those Advertisers being invoiced on the first day of the contract period set forth on the Advertising Request Order. Payment shall be made to Australian SnowzonE! within thirty (30) days from the date of invoice, which date shall be no earlier than the advertisement date specified in the Advertising Request Order. Amounts paid after such date shall bear interest at the rate of five percent (5%) per month (or the highest rate permitted by law, if less). In the event of any failure by the Advertiser to make payment, the Advertiser will also be responsible for all reasonable expenses (including attorneys' fees) incurred by Australian SnowzonE! in collecting such amounts in addition to any amounts invoiced for advertising.
    
   

2. Positioning
   Except as otherwise expressly provided in the Advertising Request Order, positioning of advertisements within the Australian SnowzonE Site or on any of its pages is at the sole discretion of Australian SnowzonE. The Advertiser acknowledges and agrees that, except as provided herein, Australian SnowzonE has not made any guarantees, inducements, warranties or other representations with respect to usage statistics or levels of impressions for any advertisement. In some cases, Australian SnowzonE provides the Advertiser with estimated usage statistics, but this is done only at the request of, and as a courtesy to, the Advertiser, and the Advertiser acknowledges and agrees that any such statistics are expressly excluded from these Standard Terms. Australian SnowzonE shall not be held liable for any claims whatsoever relating to such usage statistics.
    
   

3. Renewal
   Except as expressly set forth in the Advertising Request Order, any renewal of the Advertising Request Order and acceptance of any additional advertising order shall be at Australian SnowzonE's sole discretion. Pricing for any renewal period is subject to change by Australian SnowzonE from time to time.
    
   

4. No Assignment or Resale of Ad Space
   Advertiser may not resell, assign or transfer any of its rights hereunder, except at the express permission of Australian SnowzonE, and any attempt to resell, assign or transfer such rights shall result in immediate termination of this contract, without liability to Australian SnowzonE, unless explicitly permitted at by Australian SnowzonE
    
   

5. Limitation of Liability
   The Australian Trade Practices Act and or similar State and Territory legislation may confer rights and remedies on the Advertiser in relation to the provision by Australian SnowzonE of goods or services under these Standard Terms which cannot be excluded, restricted or modified ("Non-excludable Rights"). Australian SnowzonE does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
    
   To the full extent permitted by law, Australian SnowzonE's liability for breach of implied warranties, conditions or undertakings which cannot be excluded is limited, in the case of goods, at Australian SnowzonE's option, to (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or of acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired, and in the case of services Australian SnowzonE's liability is limited, at Australian SnowzonE's option, to (a) the supply of the services again or (b) the payment of the cost of having the services supplied again.
    
   In no event shall Australian SnowzonE be responsible for any consequential or special damages, lost profits or any other damages arising from any failure to publish any advertisement timely or otherwise in accordance with the Advertising Request Order. Without limiting the foregoing, Australian SnowzonE shall not have any liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown or any other condition beyond the control of Australian SnowzonE affecting production or delivery in any manner.
    
   

6. Advertisers Representations; Indemnification
   Advertisements are accepted only on the condition that the Advertiser warrants to Australian SnowzonE that the Advertiser has the right to publish the advertisement without the infringement of any rights of any party. In consideration of Australian SnowzonE publishing the advertisement, the Advertiser indemnifies and holds Australian SnowzonE harmless against any and all claims (whether in contract, tort, statute or otherwise) for any form of damages, losses, costs injury or harm sustained by Australian SnowzonE or any other party (including all reasonable fees of any legal advisers) in consequence of the publication of, or any act or omission in relation to, the advertisement and/or any material of the Advertiser to which users can link through the advertisement. The Advertiser warrants that all product specifications, performance, service and other claims contained in the advertisement can be fully substantiated and are in conformity with relevant Commonwealth and State laws, including the provisions of the Australian Trade Practices Act 1974, regulations, mandatory and voluntary codes and all other forms of regulation.
    
   

7. Provision of Advertising Materials
   Advertiser will provide all materials for the advertisement (including GIF and or JPG files), in accordance with Australian SnowzonE's policies in effect from time to time, including (without limitation) the manner of transmission to Australian SnowzonE and the time prior to publication of the advertisement. Australian SnowzonE shall not be required to publish any advertisement that is not received in accordance with such policies. Australian SnowzonE will not be liable for any form of damage, loss, costs, injury or harm sustained by the Advertiser or any other party in consequence of or resulting directly or indirectly out of any delay or error in, or omission, cancellation, publication or transmission of, any advertisement.
    
   

8. Right to Reject Advertisement
   All contents of advertisements are subject to Australian SnowzonE's approval. Australian SnowzonE reserves the right to reject or cancel any advertisement, Advertising Request Order, space reservation or position commitment at any time. Acceptance of any advertisement by Australian SnowzonE (including any URL link contained or embedded in any advertisement) shall not be deemed to be an acknowledgment by Australian SnowzonE that the Advertiser has complied with any or all relevant laws, regulations or industry codes. In addition, Australian SnowzonE shall have the absolute right to reject any URL link embodied within any advertisement.
    
   

9. Cancellations
   Except as otherwise provided in these Terms and Conditions, the Advertising Request Order is non-cancellable by the Advertiser and no payments are refundable. Unless deemed to be Refundable at Australian SnowzonE's sole discretion.
    
   

10. Construction
    No conditions other than those set forth in the Advertising Request Order or these Standard Terms shall be binding on Australian SnowzonE unless expressly agreed to in writing by Australian SnowzonE. In the event of any inconsistency between the Advertising Request Order and the Standard Terms, the Standard Terms shall control.
     
    

11. Miscellaneous
    These Standard Terms, together with the Advertising Request Order, (a) shall be governed by and construed in accordance with, the laws of the State of Victoria (and each party submits to the non-exclusive jurisdiction of the courts of Victoria); (b) may be amended only by a written agreement executed by an authorised representative of each party; and (c) constitute the complete and entire expression of the agreement between the parties, and shall supersede any and all other agreements, whether written or oral, between the parties.