TERMS AND CONDITIONS OF ADVERTISING

1. Advertiser orders advertising space on "alwaysintheknow.biz" by sending the email copy (must be an offer where the customer will have a price advantage) to be included in the email campaign 5 days prior to the broadcast together with the advertising package type required.

2. (a) A proof copy will be emailed back to the advertiser within 24 hours together with an tax invoice for the email service.
(b) Advertiser must pay with this tax invoice prior to the advertisement being emailed by direct deposit, cheque or cash otherwise advertisement does not proceed.

3. Alwaysintheknow.biz must exercise reasonable care to ensure that the copy and listings are correct.

4. The Advertiser warrants to alwaysintheknow.biz that all material including copy supplied by the Advertiser to alwaysintheknow.biz:
(a) is true, correct and not misleading in any particular;
(b) does not contain anything that is defamatory of any person or corporation;
(c) does not infringe intellectual or industrial property rights of any third party.

5. The Advertiser must indemnify and keep indemnified alwaysintheknow.biz and each Outlet, against all Claims arising from any breach of this Agreement.

6.(a) This Agreement is governed by the laws applicable in Queensland.
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland
(c) A variation of any term of this Agreement must be in writing and signed by the parties.
(d) This Agreement constitutes the entire agreement between the parties with respect to the subject matter of it and supersedes all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties or their respective officers.
(e) alwaysintheknow.biz may by notice in writing to the Advertiser terminate this Agreement effective at any time and upon alwaysintheknow.biz refunding all money then owing, Advertiser has no Claim against alwaysintheknow.biz in respect thereof. The Advertiser has no right to terminate this agreement.
(f) Neither party shall, after the date of execution of this Agreement, be entitled, as against the other party or the officers of any party, to bring suit on the basis of any verbal or written communications, representations, inducements, undertakings, agreements or arrangements except expressly as provided by this Agreement.
(g) The Advertiser must notify alwaysintheknow.biz within 14 days after the commencement of any campaign if it has any reason to believe the campaign has not started on time or at all. A certificate signed by a General Manager or State Manager of alwaysintheknow.biz is conclusive evidence that the advertising has taken place. If any part of a campaign is late in commencement a pro rata credit will be given by alwaysintheknow.biz to the Advertiser.

7. (a) alwaysintheknow.biz does not exclude or limit the application of any provision of any statute {including the Trade Practices Act 1974 (Cth)} where to do so would contravene that statute or cause any part of this Agreement to be void.
(b) alwaysintheknow.biz excludes:
(1) from this Agreement all conditions, warranties and terms implied by statute, general law or custom, except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this Agreement to be void ("Non-excludable Conditions");
(2) all liability to Advertiser in contract for consequential or indirect damages arising out of or in connection with this Agreement even if:
- alwaysintheknow.biz knew they were possible; or - they were otherwise foreseeable; including without limitation, lost profits and damage suffered as a result of claims by any third person, such as a customer or advertiser; and
(3) all liability to Advertiser in negligence for acts or omissions of alwaysintheknow.biz, its employees, agents and contractors arising out of or in connection with this Agreement.
(c) alwaysintheknow.biz's liability to Advertiser for breach of any Non-excludable Condition other than one implied by Section 69 of the Trade Practices Act 1974 (Cth)} is limited at alwaysintheknow.biz's option, to any one of supplying, replacing or repairing the goods or supplying again the service, in respect of which the breach occurred.
(d) alwaysintheknow.biz's liability to Advertiser under or in relation to this Agreement is limited in total to the cost of the campaign mentioned above.

8. This Agreement, although signed by a sales representative of alwaysintheknow.biz, is not binding on alwaysintheknow.biz until accepted by its execution by a Secretary, General Manager, Division Manager, Administration Manager or other executive officer of alwaysintheknow.biz and that acceptance communicated by posting an invoice to the Advertiser. If it is not so accepted then alwaysintheknow.biz must refund any advance payment made.

9. "Claim" in this Agreement means in relation to any person or corporation, a claim, action, proceeding, damage, loss, cost, expense or liability incurred by or to or made or recovered by or against the person or corporation, however arising and whether present, unascertained, immediate, future or contingent.

10 Authorisation
The Advertiser and the guarantor (if any) acknowlegde that the Privacy Act 1988 (Commonwealth) allows alwaysintheknow.biz to give a credit reporting agency certain personal information about the Advertiser and the guarantors (if any) and the Advertiser and the guarantors (if any) agree that alwaysintheknow.biz may obtain a report about the Advertisers and the guarantors (if any) consumer or commercial credit worthiness and may do so from a credit reporting agency for the purpose of collecting any overdue payments.

Advertiser:
(The advertiser hereby warrants that he/she is duly authorised to enter into this Agreement and acknowledges having read and understood the terms and conditions set out above and having received a copy of this Agreement).