Definitions

• HIA means Housing Industry Association Limited ABN 99 004 631 752
• Advertising means and includes any material submitted for publication or other distribution by HIA as an advertisement, including Sponsored Content.
• Advertiser means any person or organisation that books or places an order for advertising with HIA.
• Advertising Agreement means the agreement by and between HIA and the Advertiser for the supply of the Services by HIA to the Advertiser in accordance with these Terms & Conditions and the Order.
• Fees mean those fees and charges for the provision of Services as specified in the Order. The Fees are calculated in accordance with the Rate Card, unless otherwise agreed in writing with HIA.
• Force Majeure means any circumstances beyond HIA’s reasonable control including but not limited to acts of God, war, fire, flood, terrorism, embargo or litigation; acts of government or any agency instrumentality or any political subdivision thereof; power outage or third party provider outages; or other acts that occur without the fault or negligence of HIA.
• Media Kit means HIA’s Media Kit in effect from time to time. The Media Kit may include, among other matters, the prices, charges and specifications for Advertising (Rate Card), technical specification, style settings and copy and cancellation deadlines.
• Order means a request or order for an advertisement or services from HIA on HIA’s standard booking form (or such other form accepted by HIA).
• Production Schedule means the schedule published from time to time by HIA setting out the timeline for the preparation and publication of HIA’s publications, including the indicative deadlines for bookings and delivery of advertising material.
• Publication means HOUSING and Building News magazines (print and digital) and any website or online or digital product, service or app that is operated or published by HIA.
• Rate Card means the current list of prices, charges and specifications for Advertising as notified by HIA to the Advertiser from time to time. HIA’s Rate Card may be found in the relevant Media Kit.
• Services means the services to be provided by HIA in relation to the advertisements specified in the Order.
• Sponsored Content means any content, such as an advertorial, which is created by or on behalf of the Advertiser by HIA.

Terms & conditions

1. Orders and binding agreement

   1.1 The Advertiser may request advertising Services from HIA by completing or placing an Order for Advertising setting out the particulars of the advertising Services required to be provided by HIA and the associated Fee.
   
   1.2 By completing or placing an Order for Advertising, the Advertiser accepts and agrees to be bound by these Terms & Conditions.
   
   1.3 Neither these Terms & Conditions nor any written or verbal quotation by HIA represent a binding offer to provide Services or publish the Advertising. A binding Advertising Agreement will only be formed between HIA and an Advertiser when HIA accepts the Order in writing.
   
   

2. Right to refuse advertising

   2.1 HIA reserves the right to refuse, reject or withdraw any Advertising at any time in its sole discretion and without giving reasons, including if an Advertisement Agreement is formed under clause 1.3. 
   
   2.2 Any failure by HIA to publish any requested advertisement will be deemed to constitute a rejection of the order for such advertisement, but does not constitute a breach of contract or otherwise entitle the Advertiser to any legal remedy.
   
   

3. Provision of services

   3.1 HIA will use its commercially reasonable endeavours to provide the Services in accordance with the Advertising Agreement.
   
   

4. Rate card

   4.1 The Advertiser must pay for Advertising in accordance with the rates in HIA’s Rate Card, or as otherwise agreed in writing.
   
   4.2 Rates specified in the Rate Card may be varied at any time by HIA at its sole discretion.
   
   4.3 HIA will use its commercially reasonable efforts to notify the Advertiser of changes to the Rate Card at least thirty (30) days in advance of their effective date.
   
   4.4 In the event HIA makes a rate change in respect of a period (or any portion thereof) for which the Advertiser has placed an Order for advertising with HIA, HIA at its discretion apply the lower rate for the remainder of the then current term of the Advertising Agreement. If the Advertising Agreement is extended or renewed, all rates will be adjusted in accordance with the Rate Card HIA’s then current advertising and production rates, and amended thereafter as notified by the Publisher from time to time.
   
   

5. Payment

   5.1 The Advertiser must pay HIA the Fees by the payment date stated on the written Order or, if nothing is stated, within 14 days from invoice.
   
   5.2 The Fees are payable in full without any right of set off, abatement or withholding in respect of monies which are due, or alleged to be due to HIA.
   
   5.3 All rates and charges are quoted exclusive of GST unless expressly stated otherwise.
   
   

6. Advertising content, material and insertions

   Form of Advertising material

   6.1 The Advertiser must ensure all Advertising content and other material supplied complies with HIA’s advertising specifications and style guides (as may be modified by HIA from time to time) which are available at www.hia.com.au or such other requirements as notified by HIA.
   
   6.2 If the Advertiser fails to meet HIA’s advertising specifications this may delay or prevent publication of the Advertising.
   
   

   Editorial Content

   6.3 The Advertiser will ensure that all Advertising is clearly identifiable as advertising material and does not contain any material which could be confused with HIA’s editorial content.
   
   6.4 Advertisements that simulate HIA’s editorial matter in appearance or style, or that are not readily identifiable as advertisements, are not acceptable.
   
   6.5 HIA may, in its sole discretion, label any Advertising as an “advertisement” when it is published and may stipulate other conditions to ensure that it is clear that the advertisement is not the Publisher’s editorial matter.
   
   

   Identification of Advertiser

   6.6 The sponsor of every advertisement must be identified by a product or company.
   
   

   Promotion of Competitions

   6.7 The Advertiser must ensure that any Advertising which references any game or competition must clearly identify the Advertiser as the “promoter” of the competition and ensure that it does not imply that HIA is the “promoter”. The Advertiser must also obtain all applicable permits and approvals for the conduct of the competition prior to providing the Advertising material to HIA.
   
   

   Deadlines and Delivery of Advertising Material

   6.8 The Advertiser must submit to HIA all finalised advertising material on or before the relevant date(s) specified in the Production Schedule.
   
   6.9 In the event the Advertising includes Inserts, the Advertiser must supply such insertions in ample time to ensure that it meets the relevant dates specified in the Production Schedule.
   
   

   Changes

   6.10 Any requested changes must be provided to HIA in accordance with the date as specified in the Production Schedule.
   
   

   Late material

   6.11 If HIA does not receive the Advertising material, including any Insert, in accordance with the dates specified in the Production Schedule, HIA (at its sole discretion) may:
   
   a) proceed to publication without the advertisement.
   b) delay publication, in which case any cost incurred by HIA as a result of such a delay will be a debt due and payable by the Advertiser to HIA.
   
   6.12 If HIA proceeds to publication without the Advertisement material or insert as the case may be, the Advertiser remains liable to HIA for all amounts payable under the Advertising Agreement.
   
   

   Surrender of material

   6.13 The Advertiser authorises HIA to dispose of any materials supplied relating to an advertisement (including illustrations, copy, photographs, artwork, and PDF digital files) following publication of an advertisement. HIA is not required to retain or return to the Advertiser any such materials.
   
   

7. Cancellation

   
   7.1 If so stated on the Order form the Advertiser may cancel repeats up to and including two weeks in advance of the booking date specified in the Production Schedule.
   
   
   

8. Editorial control

   Modification by Editor

   8.1 All advertising matter will be subject to editorial approval by HIA. HIA may be required to correct imperfect material that is not supplied in accordance with HIA’s advertising specifications or house style guide. Any costs to HIA of making good any such imperfect material shall be a debt due and payable by the Advertiser to HIA on demand.
   
   

   Positioning and style

   8.2 HIA cannot guarantee position of Advertisements and all order regarding positioning of Advertisements will be treated as requests. All such decisions will be at the sole discretion of HIA. However, HIA will use reasonable efforts to accommodate with the wishes of the Advertiser.
   
   

9. Warranties and indemnities

   
   9.1 The Advertiser represents and warrants to HIA that:
   a) it has the right and authority to enter into an Advertising Agreement with HIA and to publish the content and subject matter of all Advertisements (including, without limitation, all text, graphics, icons, photographs, materials provided to HIA for production purposes) submitted for publication;
   b) all Advertisements submitted for publication:
   i. comply with all laws, statutes, regulations, codes of practice and any standards applicable to publication of advertising;
   ii. comply with any standard or requirement specified by HIA and notified to the from time to time;
   iii. do not infringe copyright, trademark or other legal rights of any person;
   iv. are not false or misleading and are true in substance and in fact and without limiting the above, do not infringe the Competition & Consumer Act 2010 (Cth);
   v. do not contain anything which may give rise to any cause of action by a third party against HIA, including without limitation, material which is defamatory or obscene or which otherwise causes injury or damage to any person;
   vi. it is authorised to publish the content and subject matter of all advertisements submitted to HIA, and that all such contents and subject matter will comply with all applicable laws, regulations and relevant industry codes;
   
   9.2 HIA makes no representations or warranties as to the quality, fitness for purpose, results, performance, effectiveness, profitability, usefulness, reliability, timeliness or accuracy of any Advertisement or the provision of Services by HIA.
   
   

   Indemnity

   9.3 The Advertiser indemnifies HIA its directors, officers, employees and agents from and against all loss and liability to third parties and claims by a third party arising out of, whether directly or indirectly in connection with, or as a consequence of:
   a) the display, publication or broadcast or any matter or thing relating to or in connection with any Advertising or other materials lodged with HIA;
   b) anything that infringes the Intellectual Property Rights of any other person (whether or not that allegation is tenable);
   c) any breach of these Terms & Conditions, the Advertisement Agreement or any relevant law by the Advertiser;
   d) any breach of the warranties and representations given to HIA;
   e) any act or omission of fraud, dishonesty, reckless or wilful misconduct or misrepresentation by the Advertiser; and
   f) any other matter or activity contemplated by these Terms & Conditions and undertaken by the Advertiser.
   
   

10. HIA’s liability

    Errors and omissions

    10.1 If a booked Advertisement is not published at all solely due to a mistake on HIA’s part, HIA will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be cancelled and the Advertiser shall be entitled to a full refund if the Advertiser has paid in advance for the Advertisement. This is the Advertiser’s sole remedy for failure to publish the advertisement.
    
    10.2 If the Advertisement as reproduced by HIA contains a substantial error solely due to a mistake on HIA’s part, HIA will, on request, republish the Advertisement at no additional cost to the Advertiser. HIA will not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform HIA of any errors and provide any necessary assistance to HIA to prevent a repeat of the error.
    
    

    Limited liability

    10.3 Without limiting Clause 10.5, to the maximum extent permitted by law, HIA:
    a) excludes all implied conditions and warranties; and
    b) is not liable to the Advertiser for any Consequential Loss suffered or incurred or arising out of or in connection with the Advertising Agreement, whether arising under contract, in tort (including negligence) or otherwise.
    
    10.4 If HIA is not permitted, or is held not to be permitted to exclude an implied condition or warranty, in the event of any breach by HIA of such an implied condition or warranty or if HIA is otherwise liable in connection with the Advertising Agreement, including in contract, tort (including negligence) or under an indemnity, the maximum aggregate liability of HIA to the Advertiser is limited to the amount paid by the Advertiser to HIA for the supply of the Services.
    
    

    Australian Consumer Law

    10.5 Nothing in these Terms & Conditions excludes or varies any rights or remedies under the Australian Consumer Law in the Competition and Consumer Act (2010) which cannot be excluded, restricted or modified.
    
    

11. General provisions

    
    11.1 HIA provides the Services as an independent contractor. No partnership, agency or trust is created between the parties, nor does the other party have the right, power or authority to bind the other party in any way.
    
    11.2 These Terms & Conditions (including any Order when accepted by HIA) are the entire agreement between the Advertiser and HIA in respect of the Advertisements and Services.
    
    11.3 HIA will not be liable for its failure to perform any of its obligations to the Advertiser due to “force majeure” circumstances.
    
    11.4 HIA may collect personal information from the Advertiser to provide the Services and for invoicing purposes. The collection, use or disclosure of any personal information provided to HIA is subject to HIA’s Privacy Policy (as amended from time to time).
    
    11.5 The relationship between the parties is non-exclusive. Nothing in these Terms & Conditions or the Advertising Agreement will be deemed to restrict or limit HIA’s right to carry out or perform similar Services for any other party.
    
    11.6 The agreement between the parties is governed by and will be construed in accordance with the laws of the Australian Capital Territory. The parties irrevocably submit all their disputes arising out of or in connection with this agreement to the exclusive jurisdiction of the courts of the Australian Capital Territory.

Last updated by HIA on 6 December, 2022.