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Terms and Conditions of Advertising

Development Ready – Terms and Conditions of Advertising 

1.              DEFINITIONS 

Accepted Advertising Package has the meaning given to it in clause 3.4.

Advertising Materials means any advertising or marketing information or content including, but not limited to, text, graphics, photography, videography and URLs which you provide to us in connection with an Advertising Package. 

Advertising Package means the scope and cost of advertising through an Advertising Platform as specified in our Media Kits.

Advertising Platform means any of:

(a)            the Development Ready website; 

(b)            any other form of media used by us for the purposes of displaying your Advertising Materials in connection with an Advertising Package. 

Booking Request means any request made by you to us for the placement of Advertising Materials on an Advertising Platform in accordance with an Advertising Package.

Development Ready, we or us means Development Ready Pty Ltd ABN 40 601 637 165. 

Publication Date means the date: 

(a)            the Advertising Materials are live on the Advertising Platform; or 

(b)            otherwise as indicated by us to you. 

2.              INTRODUCTION 

2.1           These terms and conditions (Terms) apply to all advertising services provided to a person or company (including their agents or authorised representatives) (Client, or you) by Development Ready. 

2.2           The variation or waiver of a provision of these Terms or a party's consent to a departure from a provision by another party is ineffective unless in writing signed by both parties. 

2.3           Unless otherwise stated, any capitalised terms have the meaning given to them in these Terms provided by Development Ready Ready to a Client in connection with the provision of advertising services.

3.              BOOKING ADVERTISING SERVICES AND INVOICING

3.1           You may submit a Booking Request to us at any time. 

3.2           Subject to receiving a Booking Request we will provide you with an invoice for the cost of implementing the Booking Request, determined in accordance to the Advertising Package which you have selected, plus GST (as applicable) (Invoice).

3.3           You may confirm acceptance of an Invoice by giving written notice to us. 

3.4           If, following a period of 24 hours commencing on the date of the Invoice, you have neither accepted the Invoice, nor requested that the Booking Request be amended, then you will be deemed to have accepted the Invoice and the corresponding Advertising Package (Accepted Advertising Package).   

4.              TERMS OF PAYMENT

4.1           Invoices will be issued at the start or the Advertising Package.

4.2           All Invoices must be paid in full within 14 days of the date of the Invoice unless we otherwise agree in writing.  

4.3           If an Invoice is due but unpaid, we reserve the right to refuse to accept a Booking Request or publish any Advertising Materials until all overdue amounts are paid in full. 

4.4           You must pay us on demand interest at the rate of 12% per annum, calculated daily, on all overdue amounts which you owe to us. 

4.5           All costs and expenses incurred by us in collecting overdue amounts, including (but not limited to) legal fees and our internal costs and expenses, are to be paid by you as a debt due and payable under these Terms. 

5.              ADVERTISING MATERIALS AND BOOKINGS

5.1           Unless we specify otherwise (and subject to the remainder of this clause) an Accepted Advertising Package will commence on the Publication Date and will otherwise continue on the terms of and for the duration specified in the Booking Request. 

5.2           All Advertising Materials must: 

(a)            be provided to us no later than the Material Deadline specified in the campaign brief which we advise to you.

5.3           We reserve the right to: 

(a)            refuse to publish any Advertising Materials which are received after the dates specified in clause 5.2(b); and 

(b)            refuse to accept (or refuse to publish) any Advertising Materials which we consider (acting reasonably) to be illegal, offensive or contrary to the best interests of Development Ready or our readers or users. 

5.4           We do not accept responsibility in any way whatsoever for any errors or omissions in the Advertising Materials which you (or your representatives or agents) have provided to us.

5.5           We will, subject to availability, technical limitations and these Terms, use our reasonable endeavours to publish the Advertising Materials in the format submitted by you and in accordance with your other instructions. However, the display of Advertising Materials, including their positioning and/or placement will be ultimately at our discretion. 

5.6           We will retain the Advertising Materials for the duration of the Accepted Advertising Package for which they were provided. 

5.7           You grant us a non-exclusive licence to publish any Advertising Materials, provided to us in connection with an Accepted Advertising Package, on an Advertising Platform and otherwise for promotional, marketing and business development purposes as we see fit.  

6.              BOOKING CHANGES AND CANCELLATION

6.1           Any request to amend or otherwise change the Advertising Material (including the addition or substitution of Advertising Material) (Change Request) must be made no later than 1 business day prior to the relevant Publication Date (Final Change Date). We reserve the right to refuse a Change Request received after the Final Change Date.  

6.2           We may (at our discretion) charge you a fee for a request made under clause 6.1

6.3           Any invoice issued in connection with a Change Fee is payable in accordance with clause 4. 

6.4           You may make a request to cancel an Accepted Advertising Package (Cancelation Request): 

(a)            up to 1 business day from Material Deadline;

(either being deemed to be the Cancelation Date). 

6.5           We reserve the right to refuse a Cancelation Request in circumstances where it is received after the Cancelation Date. 

6.6           Any Change Request or Cancelation Request must be confirmed in writing by email to your relevant campaign / account manager in order to be valid. 

6.7           We reserve the right to refuse any Change Request or Cancelation Request which is not valid. 

6.8           We accept no liability resulting from processing or failing to process any Change Request or Cancelation Request, whether that request was valid or not. 

7.              CREDITS 

7.1           If during the term of an Accepted Advertising Package you: 

(a)            make a valid Change Request; 

(b)            make a valid Cancelation Request; or 

(c)            do not provide us with an amount of Advertising Material, which reflects the scope detailed in the Accepted Advertising Package, 

prior to the Material Deadline, and as a result your participation in connection with that Advertising Platform is reduced or cancelled (Modified Participation), then any difference between the Advertising Materials agreed to be provided in connection with the Accepted Advertising Package and those which were provided as part of the Modified Participation will be maintained as a credit which may be used in the future in connection with that Advertising Platform (Credit).

7.2           A Credit will remain valid for 6 months from the date of the Modified Participation and must be used in accordance with these Terms. 

7.3           You will not be eligible to hold Credits in connection with more than two Accepted Advertising Packages at any given time.   

8.              ASSIGNMENT 

8.1           We may, at any time: 

(a)            appoint or engage an agent to perform any of our obligations arising out of or pursuant to these Terms; or 

(b)            assign and transfer, to any person, all or any of our rights, duties or obligations arising in, under or from these Terms, provided that the assignee agrees to assume any duties or obligations which we owe to you under these Terms. 

8.2           You must not sell, or otherwise deal with or assign your rights (including the right to any Credits), duties or obligations arising in or under these Terms without our prior written consent.  

9.              DEFAULT BY CLIENT 

9.1           Each of the following constitutes an event of default: 

(a)            you default on any payment due under these Terms; 

(b)            you commit a breach or alleged breach of these Terms for any reason (other than defaulting on any payment due under these Terms) and fail to remedy the breach within 14 days of receiving a written request from us to do so; or

(c)            you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over any of your assets or if you resolve to wind up your company; 

(each an Event of Default).

9.2           If you commit an Event of Default then we may (at our absolute discretion) do one or more of the following: 

(a)            cancel or suspend an Accepted Advertising Package; 

(b)            terminate an Accepted Advertising Package; 

(c)            take proceedings against you to recover any overdue amount including costs in relation to any action taken against you by us on an full indemnity basis; or 

(d)            exercise any other rights we may have at law. 

10.           REPRESENTATIONS AND WARRANTIES 

10.1         By accepting these Terms you warrant that: 

(a)            you are the owner or otherwise have the legal right to use the Advertising Materials for the purposes of the Advertising Platform; 

(b)            the Advertising Materials do not breach any State or Commonwealth legislation, including the Competition and Consumer Act (Cth) or the Privacy Act (Cth);

(c)            the publication of the Advertising Materials will not give rise to any claims or liabilities against us, our partners, our directors, employees or agents; and 

(d)            you have obtained any necessary permits required in connection with the Advertising Materials. 

10.2         Except for any warranty or representation made expressly in writing by us, you acknowledge that you have not relied on any advice given or representation made by us or on our behalf in connection with an Advertising Platform, including (but not limited to) the provision of advertising services.

11.           EXCLUSIONS AND LIMITATION OF LIABILITY 

11.1         Any advice, recommendation, information, assistance or service which we provide in connection with an Advertising Platform, is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given. It is provided without any warranty or accuracy, appropriateness or reliability. We do not accept any liability or responsibility for any loss suffered by you as a result of your reliance on such advice, recommendation, information, assistance or service.

11.2         We will not be liable for any delay or failure to publish your advertisement that is caused or contributed, either directly or indirectly, by a factor outside of our reasonable control (including but not limited to any act of breakdown of plant or equipment, industrial dispute, electricity failure, delays or defaults of suppliers, acts of God, terrorism, war or governmental or legal restraint).

11.3         To the fullest extent permissible at law, we cannot be held liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever arising out of or in any way connected with an Advertising Platform or as a consequence of providing (or failing to provide) advertising services to you, whether based on negligence, strict liability or otherwise, even if we had been advised of the possibility of damages.

12.           INDEMNITY 

12.1         You indemnify us against any costs, expenses, losses, damages and liability suffered or incurred as a result of your breach of these Terms or any negligent or unlawful act or omission which you commit in connection with the subject matter of these Terms. 

12.2         This provision remains in force after the termination of these Terms. 

13.           PRIVACY 

13.1         We may collect your personal information to provide advertising services in connection with an Advertising Platform. 

13.2         We may disclose your personal information to our related bodies corporate and other third parties as part of the provision of advertising services in connection with an Advertising Platform and for the purposes of debt recovery of any overdue or unpaid accounts.

By accepting these Terms you consent to us collecting and using your personal information for the purposes of these Terms and in accordance with our Privacy Policy, which can be accessed using the following link https://www.developmentready.com.au/page/privacy-policy

14.           CONFIDENTIALITY 

14.1         You will keep confidential and will not disclose: 

(a)            the terms of an Accepted Advertising Package; 

(b)            any information or data, which we generate for the performance of the Accepted Advertising Package; and 

(c)            any other information that ought in good faith to be treated as confidential given the circumstances of disclosure or the nature of the information; 

unless such disclosure is required by law. 

15.           GENERAL 

15.1         These Terms are governed by the laws of the State of Victoria and each party submits to the non-exclusive jurisdiction of the courts of Victoria. 

15.2         We may change these Terms at any time without notice to you. 

15.3         These Terms, along with the Fee Proposal and any other written agreement or variation which we agree to in writing, represent the entire agreement between the Client and Development Ready relating to the subject matter of these Terms and supersede any oral or written negotiation or communication. No document issued by you will vary these Terms.

15.4         If any provision of these Terms at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect. 

15.5         To the extent that any provision of these Terms conflicts with the terms of a Fee Proposal these Terms shall prevail. 

15.6         A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right. 

15.7         We may serve notice on you in person, or by post, email or fax to your last known address which we have on our records. 

15.8         You may serve notice on us at the following addresses: 

(a)            by email: [email protected] or

(b)            by post: Level 3, 161 Buckhurst Street, South Melbourne, Victoria 3205. 

15.9         A notice or other communication is taken to have been given (unless otherwise provided) if mailed, on the second business day after posting, or if sent by email before 4pm on a business day that day, or if not on a business day or after 4 pm on the next business day at the place of receipt. 

 

Last Updated: October 2025