Terms & Conditions

01. DEFINITIONS

1.1. The Advertiser is the client procuring advertising services from GoTransit.

1.2. An advertising agency is an agent acting on behalf of the Advertiser for whom the services are to be provided.

1.3. The services are the advertising and associated services provided by GoTransit.

1.4. The term refers to the term of agreement, being the period of time during which the services are to be provided by GoTransit.

1.5. The copy refers to the approved advertisement and/or material provided to and supplied by the Advertiser in respect of which GoTransit is to provide the services.

1.6. Reference to loss and damage includes Indirect, Special or Consequential loss and/or damage including i) any loss of income profit or business; ii) Any loss of goodwill or reputation; iii) any loss of value of intellectual property.

1.7. Major failure is as defined under the Competition and Consumer act 2010.

1.8. GST refers to Goods and Services tax under the A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”) and terms used herein have the meanings contained within the GST Act.

1.9. Automatic renewal has the meaning attributed to it by clause 6.1.

1.10. Agreement means the order, these terms and conditions and any credit application, proposal or quotation issued by GoTransit.

1.11. First notification has the meaning attributed to it by clause 6.2.

1.12. Renewal period means a period of 12 months.

1.13. Second notification has the meaning attributed to it by clause 6.3.

1.14. Price means the price paid by the Advertiser to GoTransit for the services.

03. PRICE

3.1. GST will be charged by GoTransit for the services at the applicable rate.

3.2. The price comprises the advertising fee and the production fee charged to the Advertiser and for the services.

3.3. GoTransit reserves the right to change the price in the event of a variation to the order.

3.4. The price shall be either i) the price of the services as described in the order; or ii) in the event of a variation to the order, as detailed on the amended order & subsequent invoice(s) provided by GoTransit to the Advertiser.

3.5. GoTransit may either, at its election:

3.5.1. require the advertiser to pay the price for, fifty per cent (50%), the entirety of the term or the renewal period in advance of providing the services; or

3.5.2. allow the advertiser to pay the price in monthly instalments calculated on a pro rata basis for the duration of the term or any renewal

3.5.3 The price is subject to review. GoTransit may increase the price at its absolute discretion from time to Any increase to the price will be an amount equal to the rate of increase of Consumer Price Index (All Groups, Sydney) between the date of last review (or if the first review, then between the date of the agreement) and the date of the current review or changes in market conditions. GoTransit will give the advertiser ninety (90) days notice of any price increase.

05. PAYMENT AND DEFAULT PROVISIONS

5.1. Credit terms will only be granted at the discretion of GoTransit, who may request completion by the Advertiser of a credit application.

5.2. The advertiser must pay the price as elected by GoTransit in accordance with clause 3.5.

5.3. In the event that GoTransit elects to allow the advertiser to pay the price in monthly instalments calculated on a pro rata basis for the duration of the term or any renewal period, GoTransit will render an invoice each month requesting payment of the instalment amount in The invoices rendered to the Advertiser will be payable on the due date stipulated on the invoice.

5.4. In the event the Advertiser is an advertising agency, within forty-five (45) days from the end of the calendar month in which the invoice was rendered; or

5.5. In all other cases within fourteen (14) days from the end of the calendar month in which the invoice was rendered.

5.6. Any payments made by the Advertiser by credit card will incur a credit card processing surcharge of 5% for VISA and Mastercard or 2.75% for American Express and other cards.

5.7. The “default date” is the day after the due date for payment of any invoice rendered by GoTransit to the Advertiser in accordance with thE agreement.

5.8. The “outstanding balance” is the outstanding invoice amount, less any payments made by the Advertiser prior to the default date in respect of an invoice together with any applicable cancellation charge.

5.9. If GoTransit does not receive the outstanding balance on or before the default date the Advertiser acknowledges and agrees that:

5.10. The advertisers will be liable for interest on the outstanding balance at the rate of twelve per centum (12%) per annum to be calculated

07. RISK AND LIABILITY

For the order

7.1. The Advertiser warrants that when placing the orders that there is sufficient information and specifications to enable GoTransit to execute the Order. GoTransit takes no responsibility if the specifications provided by the Advertiser are wrong or inaccurate and the Advertiser will be liable in that event for the expenses incurred by GoTransit for any work required to rectify the order.

7.2. Both parties acknowledge that the other party shall not be liable for any releases the other party from any loss and damage incurred as a result of delay or failure to observe any of these terms and conditions due to an event of force majeure, being any cause or circumstance beyond the party’s control.

7.3. Subject to GoTransit’s warranty for defective services, GoTransit’s liability for any loss and damage in association with, arising from or in connection with the Services may not exceed the price of the order.

7.4. Subject to GoTransit’s warranty for the copy, GoTransit takes no responsibility for any copy destroyed, damaged or vandalised whilst on display. At its sole discretion GoTransit may offer to repair or replace the copy at its cost or on payment by the Advertiser of a further production fee.

For the content of the copy

7.5. The Advertiser is responsible for ensuring the copy and the display of the copy is compliant with any applicable laws, standards, codes, regulations or rules for advertising to the public and the Advertiser warrants that:

7.5.1. The Copy does not constitute a breach of or infringement of any applicable laws, standards, codes, regulations or rules of any government, quasi-government or statutory or regulatory authority, or public or private right of an individual, including (without limitation) any intellectual property right; and

7.5.2. It has obtained all necessary permits, licenses and approvals required for the display of the Copy and the Copy will not be offensive, defamatory or inappropriate to display to the general public.

7.6. The Advertiser indemnifies and will keep indemnified GoTransit against:

7.6.1. Any breach by the Advertiser of its warranty as to fitness of any advertising, including but not limited to the cost of removing any offending advertising;

7.6.2. Any order for payment of monies, fines, costs and expense (including without limitation any legal costs on the indemnity basis) incurred by GoTransit and arising directly or indirectly from or in connection a claim made by:

7.6.2.1. A third party; alleging a breach of that third parties’ private rights, including (without limitation) any intellectual property right, defamation or other civil suit associated with the display to the public of the advertising;

7.6.2.2. A government, quasi-government or statutory or regulatory authority alleging a breach of inter alia any applicable laws, standards, codes, regulations or rules with which the advertising must comply.

7.7. The total liability of the Advertiser arising under this Agreement for any reason will be limited to the amounts paid to GoTransit under this agreement.

7.8. The Advertiser’s liability to indemnify GoTransit under clause 7.6 will be reduced proportionately to the extent that such liability was caused or contributed to by the negligence or wrongful act or omission by GoTransit, its personnel or those of its related bodies corporate, or any wrongful act or omission by any third party.

09. TERMINATION AND CANCELLATION

Cancellation by GoTransit

9.1. Without prejudice to the GoTransit’s other remedies at law, GoTransit shall be entitled to cancel all or any part of the order of the Advertiser which remains unfulfilled in the event that:

9.1.1. The Advertiser is in default of payment of any invoice or money payable to GoTransit and has failed to make payment of the invoice or money payable within fourteen (14) days of receipt of notice of this breach from GoTransit; or

9.1.2. The Advertiser becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

9.1.3. A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Advertiser or any asset of the Advisor.

9.1.4. Any prepayment made by the advertiser for the services to be provided after the effective date of the cancellation will be refunded to the advertiser on a pro-rata basis, minus any loss or damage incurred by GoTransit in connection with clauses 9.1.1, 9.1.2 and/or 9.1.3.

Cancellation by Advertiser

9.2. The Advertiser may cancel the order at any time prior to the services being provided by GoTransit.

9.3. In the event that the Advertiser cancels the order the Advertiser will be liable for any loss and damage incurred by GoTransit (including, but not limited to, any materials purchased, production and/or installation costs incurred by GoTransit in connection with the order) up to 90 days post

9.4. Any prepayment made by the advertiser for the services to be provided after the effective date of the cancellation will be refunded to the advertiser on a pro-rata basis, minus any costs incurred by GoTransit by operation of clause 9.3.