Newsletter Service Agreement

This page sets out the terms and conditions upon which Austnews will provide services to its customers. This page creates important legal rights and obligation upon us, as well as you. All users of the service, by their use of the service, agree to be bound by the Terms and Conditions and Policies of Austnews.

The following terminology applies to these Terms and Conditions, Privacy Statement and any or all Agreements: “You”, “Your” and “School” refers to the organisation, you, the person accessing this service and accepting the Company’s terms and conditions. "Austnews", “Our”, “We” and "Us", refers to our Company.

Definitions
In Our Agreement, the following words and phrases have the following meanings:

Ad Supported / Free, means that the full Service is supplied at no cost to the School as local business cover the cost of the Services ordered by placing advertisements on the Services.
Availability, means Your ability to access the Services on the Austnews platform.
Business Day, means a day upon which banks are ordinarily open for business in Brisbane, Queensland.
Commencement Date, means the date of the first deployment of the updated Electronic newsletter template for the current order or the delivery of your Paper newsletters.
Content, means data, information, images, and all other information that you record on Austnews platform.
Electronic, refers to use of our digital services such as ‘ePublisher’.
Fees, means our fees for Services, both Electronic and Paper newsletters, graphic design and general printing.
Force Majeure, means neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, hacking or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Knowledge Base, means the online help application forming part of the Services.
Paper, refers to the printed Paper newsletter covers.
Paid, refers to the use of the Service/s without advertising and therefore purchasing the use of the product.
RRP (Recommended Retail Price), means all fees inclusive of GST.
Service / Services, means the use of the Austnews platform, including all products and modules within it and/or Paper newsletter covers.
Servers, means the hardware and/or software infrastructure on which we host our Services.
System Maintenance Time, means the time that the Austnews Servers are inaccessible for reasons of systems maintenance, improvement, or upgrading.

Term of the Agreement

Our Agreement commences when You click “Submit” on the order form and continues for 12 months for the Ad Supported Service and 6 months for the Paid Service from the Commencement Date.

Privacy / Confidentiality

Austnews ensures that stored information, such as School details, subscriber names, email addresses and Content will remain private and confidential. We will maintain the Content in confidence, and will not disclose the Content without Your prior written consent. Subscriber details will only be stored as a result of, and for the purpose of, this Agreement. We will never directly email Your subscribers and We will never transfer or sell these details to another party. Austnews will not sell, rent, or loan Our contact lists, or Our customer's contact lists, to a third party. We will not sell the Content to any person. You acknowledge that We have an obligation to report any illegal act by You, and accordingly We are under no obligation of confidentiality in relation to any such illegal act by You.

Copyright

You retain the copyright to data, files and graphic logos provided and grant Austnews the rights to publish and use such material. You must obtain permission and rights to use any information or files that are copyrighted by a third party. You are further responsible for granting Austnews permission and rights for use of the same and agrees to indemnify Austnews from any and all claims resulting from Your negligence or inability to obtain proper copyright permissions.


Ownership

Any and all design, files, layouts, advertisement designs and other items related to the project remain the full ownership of Austnews.


Product Support & Availability

We will provide the Support Services during usual business hours between 8.30am and 5.00pm on Business Days via email and phone and 24/7 via our online Knowledge Base.

Subject to a Force Majeure event and System Maintenance Time we will ensure that our Servers are available 99.7 percent of the time.

School Commitments

By agreeing to these Terms and Conditions, you, on behalf of your school, agree to:


Advertising

Austnews will only invite suitable businesses to advertise on the Services as determined by Austnews Advertising Policies and Principles. Our advertising policies and principles take into consideration (but is not limited to) the following:

When using the Ad Supported / Free Services You agree to:


Costs and Payment:

Setup fee

A setup fee, as indicated in the order form, is applicable to cover costs such as administration, advertisement sales commissions and graphic design prior to the commencement of using the Services. Under a Free Service, this fee is waived if the Service is used for the full duration of the Agreement.


Ad Supported / Free Service

The Free Services are provided to the School where We are able to obtain support from businesses to advertise on the Services. Should we not be able to sell a minimum of 6 advertising spaces, we may negotiate with You alternative arrangements.


Paid Service

The Paid Service has a minimum term of 6 months and is charged out at our advertised rates. The setup fee and the first 6 months is payable upfront. The Service is then payable on a month to month basis. 30 days notice in writing is required to terminate Our Agreement.


Termination of Our Agreement

Should You wish to terminate the Service at any time after the order has been submitted, the Setup fee, as indicated on the order form, will be charged.

Once the first newsletter is either distributed or deployed (Commencement Date) a pro rata of the twelve month costs plus the set up fee will be charged.

30 days notice in writing is required to terminate Our Agreement before the agreed period has expired.


Legal

You (Customer) and Us (Austnews) will comply with the Privacy Act 1988 in relation to the use of the Content and comply with the SPAM Act 2003 and any other similar law in all countries of the world.

You must not distribute through the Services any Content that is harmful, abusive, illegal or unsolicited.