Terms and Conditions for Advertisers

Current as at 21/03/2012

These 'Terms and Conditions for Advertisers', together with the 'Advertiser Agreement' (collectively this "Agreement") govern the use by the Advertiser of the rent.com.au network (Network) to place advertisements (Ad or Ads).

Any reservation, booking or scheduled campaign will only become binding when the Advertiser Agreement is accepted and signed (or electronically authorised) by the Advertiser and rent.com.au.

Conditions

1. Each Advertiser Agreement will specify:

   1. the type(s) and amounts(s) of Ad inventory to be delivered (e.g. impressions, clicks or other desired actions)

   2. the price(s) of the Campaign

   3. the investment pursuant to the Advertiser Agreement;

   4. the start and end dates of the Campaign;

   5. in respect of Performance Campaigns, all success metrics;

   6. the identity of and contact information for any third party Ad server (if applicable).

   7. Other items that may be included are, but not limited to reporting requirements, any special Ad delivery scheduling and/or Ad placement requirements and specifications concerning ownership of data collected.

2. Ad Material Due Date - The Advertiser is responsible for ensuring that all appropriate Ad material and relevant information is provided to rent.com.au:

   1. Non-rich media - three (3) working days prior to the start date of the campaign

   2. Rich media - seven (7) working days prior to the start date of the campaign

3. Ad Material Creative Specifications - The Advertiser is to ensure that all Ad material complies with the specifications shown here. Any Material is subject to the final approval of rent.com.au.

4. Rent.com.au's Rights and Obligations

   1. Once the Advertiser Agreement has been signed by the Advertiser, rent.com.au will use all commercially reasonable endeavours to procure the placement of the Ad on the date(s) or during the period and in the manner specified in the Advertiser Agreement.

   2. Rent.com.au reserves the right to make any technical or other modifications that it may deem necessary to facilitate the delivery of the Advertisement in accordance with the Advertiser Agreement. Rent.com.au shall not however make any amendments to the creative content of an Advertisement.

   3. In the event that any Ad space or delivery medium on which the Advertiser has purchased Advertising Space ceases to exist or is unavailable during the period in which the Advertiser has agreed to advertise, rent.com.au and the Advertiser will endeavor to identify and agree alternative ad placement options with a similar profile or offering within the Network.

5. Incompletion, Cancellation or Termination of the Agreement

   1. By Advertiser

   1. Prior to Start Date

   1. The Advertiser may cancel the Agreement at any time prior to four (4) weeks of the Start date without penalty. If the Advertiser cancels the Agreement between four (4) and (2) weeks prior to the Start date, the Advertiser is liable for 50% of the Campaign Fees due. If the Advertiser cancels the Agreement within two (2) weeks prior to the Start date, the Advertiser will be liable for 100% of the Campaign Fees due.

   2. In the event that the Advertiser fails to provide an Advertisement to rent.com.au within the timescales set out in the clause 'Ad Material Due Date', rent.com.au may still, at its discretion use its reasonable endeavours to procure the placement of the Advertisement on the date(s) or during the period and in the manner specified in the Advertising Agreement but shall be entitled to impose an additional charge on the Advertiser for doing so. Where an Advertisement cannot be placed as planned as a result of such late delivery, rent.com shall remain entitled to invoice the Advertiser for the agreed Fees in connection with the Campaign in full.

   2. After the Start Date

   1. If the Advertiser does not complete or stops the Agreement at any time after the Start date and before the Campaign end date, Rent.com.au reserves the right to charge for 100% of the balance of the value of the Campaign and any and all costs incurred by it in connection with the Campaign.

   2. The Advertiser agrees that it has no right to cancel a Campaign solely on performance grounds if Rent.com.au has not received the third party reports requested for the respective Campaign.

   3. Termination of Agreement - The Advertiser may terminate the Agreement in the event of rent.com.au's material breach of the Advertiser Agreement, upon forty-eight (48) hours' notice to rent.com.au if such breach remains uncured after the expiration of such forty-eight (48) hours;

   4. Debt Recovery Costs - Any costs incurred in referring outstanding amounts to a Collection Agency will be the responsibility of the Advertiser.

   2. By Rent.com.au - rent.com.au may terminate this Agreement;

   1. in the event of Advertiser's material breach of this Agreement upon ten (10) days' notice to Advertiser if such breach remains uncured after the expiration of such ten (10) days' notice period;

   2. for no reason on thirty (30) days prior written notice to Advertiser; or

   3. immediately upon rent.com.au's notice to Advertiser of rent.com.au's reasonable determination that the Advertiser is using, or is likely to use, the Network in such a manner that could damage or cause injury to the Network or otherwise reflect unfavourably on the reputation of rent.com.au.

   4. If this Agreement is terminated by rent.com.au due to the Advertiser's breach, the Advertiser is required to pay rent.com.au all Fees due under the Advertiser Agreement within ten (10) days of the effective date of such termination.

6. Invoice Issue and Payment - Rent.com.au will invoice the Advertiser the fees set forth in the Advertiser Agreement at the end of the month that the Campaign commences. Direct Debits and Credit Card deductions are made on the date of invoice. If a credit application has been approved, the Advertiser will pay all fees within thirty (30) days of the date of invoice. If the Campaign period runs over multiple months, rent.com.au will invoice the Advertiser every four (4) weeks for that relevant portion of the Campaign.

   Usage Statistics The data used by rent.com.au for the purpose of invoicing the Advertiser shall be based solely upon the advertising and reporting systems used by rent.com.au. The Advertiser acknowledges that delivery statistics provided by rent.com.au are the official, definitive measurements of performance on any delivery obligations provided in the Advertising Agreement. In the event of discrepancy between the purchased inventory and the actual number of Advertisements delivered by rent.com.au, the Advertiser is liable to pay for the Advertised inventory booked provided the under-delivery is not more than 5% of the purchased inventory. Notwithstanding any provisions of the Advertising Agreement, the Advertiser acknowledges that rent.com.au does not make any guarantees with respect to usage statistics or levels of impressions for any Advertisement, and only provides the Advertiser with estimated usage statistics as a courtesy to the Advertiser and will not be held liable for any claims relating to any usage statistics however supplied.

7. Calculations - Rent.com.au will be the sole arbiter in determining the number of impressions, clicks, actions or other applicable metric, delivered, shown, produced, clicked on, or viewed. Rent.com.au will be solely responsible for determining charges to Advertiser. Charges will be determined on impressions, clicks, actions etc. delivered, which may be less than, or equal to, the amounts in the Advertiser Agreement.

8. Suspension of Services - rent.com.au may suspend this Agreement and the Advertiser's access to the Network without notice (a) if Advertiser fails to pay Fees invoiced within thirty (30) days following the invoice date or (b) upon rent.com.au's reasonable belief that Advertiser has breached any of its representations or warranties.

Definitions

For the purposes of this Agreement, the following terms shall have the meanings given to them below:

"Ad" or "Advertisement" means general creative material comprised of text based, graphical, interactive, rich media, video or other online advertisements, including, without limitation, banners, buttons, towers, skyscrapers, pop-ups, pop-unders and video advertisements.

"Advertiser" means the person or entity identified as "Advertiser" in the associated Advertiser Agreement(s).

"Campaign" is the basic unit of business between an Advertiser and Rent.com.au. Each campaign may be categorised as a CPM Campaign, CPM-A Campaign, Performance Campaign and Creative Service Campaign or other Campaign so agreed between the Advertiser and rent.com.au.

"Confidential Information" may include, without limitation, product information, data, pricing, financial information, end-user information, software, specifications, research and development or other material that is clearly and conspicuously marked as "confidential" or with a similar designation.

"Fees" means those certain fees indicated in the associated Advertiser Agreement(s).

"Network" means the websites owned or operated by rent.com.au

"Non-rich media" means non interactive ad material (eg not video) and is usually in flat leaderboard or MREC (medium rectangle) format

"Rich media" means interactive and audio visual elements incorporated into the ad, to give richer content and experience for audience clients.

"Rent.com.au" means the legal entity rent.com.au Pty Ltd (ACN 091 233 680)

"Term" means the term set out in the Advertiser Agreement.