1. General
1.1 These Terms and Conditions (“Terms”) apply to all services provided by Advertising Printing Pty Ltd (“the Company”) to the customer (“the Client”).
1.2 The Client warrants that it is entering into this agreement as a principal and not as an agent for any third party.
2. Booking Requirements
2.1 All bookings require full payment and signed confirmation at least 14 days prior to the distribution start date.
2.2 Bookings are confirmed only upon receipt of payment in full.
2.3 Discounts may apply to multi-run bookings (subject to agreement).
2.4 Cancellation Policy: Cancellations made with less than 14 days’ notice will incur a 50% cancellation fee.
3. Pricing and Payment
3.1 All prices are in Australian dollars and exclusive of GST.
3.2 Quotes are valid for 30 days.
3.3 Orders are binding only when accepted in writing by the Company.
3.4 Unless otherwise agreed, payment is required 10 days before each distribution run.
3.5 Minimum charge is $250 + GST.
3.6 The Company accepts payment via credit card, PayID, or bank transfer as per Xero-generated invoices.
3.7 Distribution commences only after full payment has cleared in our bank account.
3.8 Overdue invoices will incur:
• Interest at 24% per annum (calculated daily),
• Recovery of legal and collection costs, and
• Immediate suspension of any further credit or services.
4. Right to Revise Quotes
4.1 The Company reserves the right to revise quotes if:
• Flyers weigh more than 10 grams,
• Sizes differ from original specifications,
• Materials are flat/unfolded and larger than A5 or DL.
4.2 Additional fees apply and a revised tax invoice will be issued.
5. Promotional Material Requirements
5.1 The Client must supply all materials and required data in a timely manner.
5.2 15% + GST folding surcharge applies to A4 or larger materials that are not pre-folded to A5 or DL.
5.3 Excess materials may be disposed of at the Company’s discretion.
5.4 The Company is not liable for damaged or lost materials.
5.5 Materials are not delivered to “No Junk Mail” premises unless lawful.
5.6 The Client warrants all materials:
• Comply with intellectual property laws,
• Are not offensive, defamatory, or unlawful, and
• Are fully insured in transit.
5.7 The Client indemnifies the Company for any breach of these obligations.
6. Project Completion & Emergencies
6.1 Estimated completion dates may be adjusted due to:
• Severe weather,
• Limited staff/contractor availability.
6.2 Clients will be notified of any changes and given revised timelines.
6.3 Emergency bookings with less than 5 days’ notice attract a 35% surcharge.
7. Data
7.1 All dwelling distribution data is current as of September 2024, based on ABS Census 2021.
8. Fraud Prevention
8.1 The Company does not issue invoices via SMS, WhatsApp, or other unofficial channels.
8.2 Invoices are only issued through Xero Accounting Software.
8.3 Any changes to bank details will never be communicated via email or outside Xero.
8.4 The Company disclaims liability for fraud resulting from payments made to unauthorised accounts or fraudulent instructions. Clients are responsible for verifying invoice authenticity.
9. Acceptance of Quotation
9.1 Acceptance of a quote signifies agreement with these Terms.
9.2 Email confirmation referencing the quote number constitutes valid acceptance.
9.3 Once accepted, an invoice will be issued through Xero.
9.4 Cancellation post-acceptance will incur a 50% invoice fee.
10. Distribution Warranty
10.1 The Company will use reasonable care to distribute materials in the agreed geographic areas.
10.2 Maximum delivery coverage is 90% penetration.
10.3 Flyers will not be bundled with unrelated catalogues or oversized items.
10.4 Clients will receive:
• A job schedule including supervisor contact details,
• A GPS Track report showing delivery paths and any missed streets.
10.5 Clients may inspect the distribution while in progress.
10.6 Feedback must be submitted within 72 hours of distribution completion to be valid.
10.7 The Company is not liable for response rates; outcomes depend on external factors like design, offers, and market competition.
11. Our Commitment to You – Our Promise
11.1 If the Company fails to meet service commitments, the Client is entitled to a $500 compensation for time invested (subject to qualifying criteria).
11.2 This includes:
• Notification when distribution begins,
• Invitation to observe live distribution,
• Timely reporting with GPS audit,
• Proper conduct by walkers (see below),
• Transparent, accountable service.
• This does not include the response rate the client may get from the advertising activity.
12. How We Ensure You Get the Service You Deserve
12.1 Clear Communication: You will be informed via email, phone call, or SMS when your distribution begins. (Please note: Notifications may not be sent on weekends.)
12.2 Uncompromised Distribution: Your materials will not be bundled with catalogues, supermarket brochures, or any unrelated content. We are committed to delivering your flyers with a quality standard exceeding 90% penetration in the targeted areas.
12.3 Transparency Throughout the Process: We’ll invite you to observe the distribution while it’s in progress. You’ll receive a job schedule through email, SMS, or a phone call. Feedback must be submitted within 72 hours of completion to ensure timely resolution.
12.4 Detailed Reporting: After completion, we’ll provide a full GPS audit report. This will include a link showing any streets that were missed (highlighted on the map) and details of any extra or missing materials.
12.5 Response Rates: Cannot be guaranteed, as they depend on your offer, promotional strategy, design, advertising materials, and competitor activity in the target area.
12.6 Field Check: Field supervisors routinely monitor contractor performance. Any discrepancies are promptly addressed to maintain service integrity.
12.7 Compliance and Responsibility: Distribution workers (walkers) are independent contractors under agreements with APA and are responsible for their conduct. Any misconduct, including littering, improper disposal, or placing multiple flyers in letterboxes, will result in legal action per NSW Environment Protection Authority regulations. If a contractor violates these terms, a proportional refund or credit note will be issued for the affected distribution.
13. Independent Contractors & Compliance
13.1 Distribution workers are independent contractors.
13.2 The Company monitors walker conduct via field supervisors.
13.3 Any misconduct (e.g., littering, improper disposal) will result in disciplinary and legal action per NSW EPA regulations.
13.4 A proportional refund or credit note will be issued for any confirmed breaches.
14. Complaints Procedure
14.1 Complaints must:
• Be submitted within 3 days of delivery completion,
• Include full details and address (including postcode) of the issue.
14.2 Late complaints will not be accepted.
15. Limitation of Liability
15.1 The Company is not liable for:
• Loss of profits, business, opportunity, or indirect or consequential damages,
• Incomplete or inaccurate materials supplied by the Client.
15.2 The Company’s liability is limited to re-performing the service or issuing a partial refund.
15.3 No liability arises unless full payment has been received.
15.4 Nothing in these Terms limits liability for death or personal injury due to negligence.
16. GPS Accuracy Disclaimer
16.1 GPS data may be inaccurate due to:
• Technical limits (±10m),
• Interference (e.g., towers, power lines),
• Device conflicts (e.g., proximity to phones), or
• Mapping software issues (10 am–12 am EST).
17. Force Majeure
17.1 The Company is not liable for failure to perform due to:
• Natural disasters, war, strikes, or regulation changes, or
• Other events beyond reasonable control.
17.2 The Client will be informed as soon as practical.
18. Third-Party Rights
18.1 These Terms benefit only the parties and confer no rights on third parties.
19. Assignment
19.1 The Client may not assign this Contract without written consent.
19.2 The Company may assign or subcontract at its discretion.
20. Waiver
20.1 A waiver of any breach is not a waiver of future breaches.
21. Entire Agreement
21.1 These Terms constitute the entire agreement and supersede all prior agreements or representations.
21.2 No variation is valid unless in writing and signed by both parties.
21.3 Governing Law These Terms are governed by the laws of New South Wales.Any disputes will be exclusively resolved in the courts of New South Wales.
