1. These Terms and Conditions
These terms and conditions, as amended from time to time (Terms and Conditions), apply to the publication by Hitch Design Studio of any advertising material supplied for a directory listing (Directory Listing) submitted by any person or entity (Supplier, you or your) for publication on the Website and for various tablet and smartphone applications for each Website. By Approving your advertisement on Hitch Design Studio and completing / providing appropriate payment authority, you agree to be bound by these Terms and Conditions. You are entitled to a 7 day “cooling off” period commencing on the date on which your Directory Listing is uploaded to the Website during which time you may change your mind about advertising on the Website. You must notify us in writing within this period if you no longer wish to advertise your goods or services on the Website. These Terms and Conditions may change at any time after the Initial Term. We will make every effort to inform you when these Terms and Conditions are updated or change. Please read these Terms and Conditions regularly.
2. Payment and Term
a. The advertising fees payable to Hitch Design Studio pursuant to these Terms and Conditions are the quoted rates advised to you. We reserve the right to increase our fees and we will notify you of any fee increases. Advertising Fees are inclusive of GST. b. You agree to place a Directory Listing with Hitch Design Studio on the Website for a 12 month period (Initial Term), regardless of payment terms extended. By committing to Hitch Design Studio directory advertising you commit to the full 12 months advertising fees. c. Hitch Design Studio will provide you with a tax invoice for the advertising fees plus applicable GST when an advertising package is agreed upon. You must pay the first payments (subject to payment term agreed) before your advertising goes online. If more than one payment is required during the initial term, all future payments must be secured with a valid credit card or direct debit. d. If you are eligible for a monthly payment term you will be put onto a “Perpetual” contract. After the Initial Term, your agreement with us will continue on as a month by month agreement. e. If your account is overdue we have the right to take your ad offline until we have received all outstanding moneys. f. if you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over you or any of your assets or if you resolve to wind up your company, then Hitch Design Studio may (in its absolute discretion):
take proceedings against you to recover any overdue amount;
- recover from you all costs in relation to any action taken against you by Hitch Design Studio to recover
- overdue amounts, including without limitation, debt
- collection costs and legal costs on a full indemnity basis; and/or
- exercise any other rights available to Hitch Design Studio at law.
3. Termination by Hitch Design Studio
a. Hitch Design Studio may terminate your Directory Listing and remove your Directory Listing from the Website at any time during the Initial Term and for any reason. Hitch Design Studio is not obliged to provide you with reasons for terminating your Directory Listing. b. If Hitch Design Studio terminates your Directory Listing during the Initial Term and you have paid the advertising fees upfront and are otherwise not in breach of these Terms and Conditions, Hitch Design Studio will refund you a pro rata portion of the advertising fees applicable to the unused part of the Initial Term. c. If Hitch Design Studio terminates your Directory Listing either during or after the Initial Term, and you pay the advertising fees by direct debit, Hitch Design Studio will cancel your direct debit arrangements provided you are up to date with payment of all advertising fees. If there are any amounts owing to Hitch Design Studio at the date of termination, you authorise Hitch Design Studio to direct debit all overdue amounts from your nominated account. d. If Hitch Design Studio removes your Directory Listing from the Website during the Initial Term pursuant to clause 5.f of these Terms and Conditions, you agree that you will not be entitled to a refund of any amounts paid in respect of the Directory Listing during the Initial Term.
4. Termination by the Supplier
a. If you cancel your Directory Listing with Hitch Design Studio during the Initial Term and you have paid the advertising fees upfront, you will not be entitled to a refund of any amounts paid in respect of the Directory Listing during the Initial Term. This also relates to future annual subscriptions.. b. If you cancel your Directory Listing with Hitch Design Studio during the Initial Term, the advertising fees payable by you for the unused part of the Initial Term will become immediately due and payable. This also relates to future annual subscriptions. c. After the expiry of the Initial Term, if you are on a “Perpetual” contract you may withdraw your Directory Listing at any time by following our cancellation process, which includes speaking with a team member, verifying your identity and completing a cancellation form. 30 days after the receipt of your completed form, your Hitch Design Studio Directory Listing will be removed from the Website and any payments due during this 30-day period will remain due for payment.
5. Intellectual property
a. Hitch Design Studio owns all intellectual property rights in the Website and the Directory Listing, including information, graphics, design and software, except where the Supplier has provided its own intellectual property (including but not limited to text, graphics and pictures in whatever form) for display on the Website. b. You must obtain the permission from the owner of any intellectual property in any third party material incorporated into a Directory Listing prior to submission of the Directory Listing. c. You grant Hitch Design Studio a world-wide, royalty free, irrevocable licence to publish, and to sub-licence the publication of, all material submitted to Hitch Design Studio as part of the Directory Listing in any form or medium, including print, online or otherwise. You warrant that you are authorised to grant the licence in this clause 6b.
