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Sensis Products Terms and Conditions (02/08)

PART A. MATERIAL TERMS
1
1.1 		About this Contract
Words that appear like this in this Contract have special meanings which are set out in clause 11.
Related Links
Our commitment to privacy is set out in our “Privacy Collection Statement” document (available at www.about.sensis.com.au
/legal/privacy.php or by calling 1800 736 747). You should read the Privacy Collection Statement document as it relates to Your consent to the collection, use and disclosure of personal information on the terms and for the purposes set out in the Privacy Collection Statement document.
1.2 The terms that apply to Your Product are those expressly set out in:
  • these terms including any attachments;
  • the Contract details form;
  • where applicable, the Whereis® Map Terms and Conditions and/or the Domain Name Terms and Conditions;
  • our advertising rules or other rules and policies which apply to Your Product (available on request by calling 1800 810 211); and
  • any copy sheet, any advertising instructions sheet, or any advertising proof,
and those implied by consumer protection laws that are unable to be excluded. No other terms apply.
   
2
2.1 		Term of Your Contract
This Contract commences on the day You sign the Contract and, unless You and we agree otherwise, will continue for the period set out in the Contract details form (if any) or if no period is specified, until termination in accordance with this Contract or until the relevant Product provided under this Contract has been provided to You.
 
3 Format and Content

3.1 		Things You must give us
If we request, You must give us or our nominee, any Content or information related to Your Product by the date and in the manner we specify.
 
    Example. The information we may request includes, in the case of an Online Product, information about a Hyperlinked Site or in the case of a Printed Product, any artwork that You wish to include in Your advertisement.
3.2 If this Contract relates to a Printed Product, but You do not provide Us with Content for Your Printed Product by the close of advertising for the Directory, We will use any Content You have already provided to us and You must still pay us the Price in full.
   

3.3		 Our right to reject or remove Content
We may at any time reject any Content or remove any Content from Your Product for any reason, including:

3.3(a)

if provided for under our advertising rules (or any other rules and policies which apply to Your Product) as prepared and amended by us from time to time; or

3.3(b)

if we reasonably believe that the Content, or the use of it, is Prohibited Content, contravenes any law (including the Broadcasting Services Act 1992 (Cth)), infringes the rights of third parties or is inappropriate, unsuitable, offensive, obscene or indecent; or

3.3(c)

if the Content, or the use of it, will affect us or Telstra or CSA unfavourably; or

3.3(d)

in order to comply with requirements, standards or instructions which are imposed by us, Telstra or any third party, including the ACMA.
3.4 We may also at any time change, delete, withdraw or suspend a Product or any component of a Product if we reasonably believe You are or will be in breach of any undertaking or other provision contained in this Contract, or if we are or become entitled to reject or remove that content for any of the reasons described in clause 3.3 above.
 

3.5		 Presentation and classification
We have the right to determine, control or change Your Product, the Content, any Directory or any page, site or other means of display of Your Product, including:

  • nature and content;
  • presentation (including format, design, placement, order and position);
  • duration;
  • classification and any classification system; and
  • business categories, key words and search criteria.
   
3.6 We also have the right to insert a bridging page to any Hyperlinked Site.
 

3.7		 You will keep Content up to date
We are not responsible for keeping the Content up to date. You must keep the Content up to date or, where You are not permitted to update the Content yourself, provide us or our nominee with information so that we may update the Content.
 

3.8		 Retention of Content
When this Contract is terminated or when a Product is cancelled, we may retain or delete any Content relating to the relevant Product.
 

3.9 		Your Printed Product
We regret that we cannot rectify errors or omissions in Your Printed Product after close of advertising for the Directory. However, except in the situation described above in clause 3.2, if You promptly notify us of an error or omission in Your Printed Product caused by us, we may at our discretion refund all or part of the Price. We do not represent or warrant that the Directory will be published or distributed in particular quantities on or by a certain date, nor that it will be continuously available for any period.
   
4 Payment

4.1		 How and when we invoice You
We tell You how we invoice You either in this Contract or by notice to You in some other way.
4.2 We may invoice You in various ways, depending on Your Product. We may invoice You the Price in full or by instalments. You may be invoiced on Your telephone account or we may send You a separate invoice.
4.3 We may invoice You for all Products after You enter into this Contract.
 

4.4 		Your obligation to pay us
You must pay us the Price that applies to any Product when due. Any obligation to pay us under this Contract will survive termination (for whatever reason) or expiry of this Contract.
4.5 You must pay us the Price or each instalment of the Price by the due date specified on the invoice or telephone account.
 

4.6		 Failure to pay us
If You don’t pay us the Price or any other amounts You owe us (whether that amount is owed to us under this Contract or another contract with us) by the due date:

4.6(a)

You must pay us interest on the unpaid amount of the Price at the Applicable Rate from the date the amount became due until it is paid in full; and

4.6(b)

we may in our absolute discretion:

(i) cancel any or all of Your Product(s); and
(ii) suspend or disconnect any of the telecommunications services on any of Your Telstra accounts if You do not pay a bill in full by the due date for payment.
 

4.7 		Dishonour fee
In addition to any other amounts You must pay us under this Contract, if any payment You have made to us is dishonoured or otherwise not received by us because of insufficient funds in Your account, we may charge You a dishonour fee. The amount of that fee is $13.20 (including GST), or such other amount as notified to You by us from time to time.
   

4.8 		Set Up Fee and Monthly Fee
The Price for some Products may include a Set Up Fee and/or a Monthly Fee.
    Example. You must pay both a Set Up Fee and a Monthly Fee for some Voice Products and Online Products.

4.9

If the Price for Your Product includes:

4.9(a)

a Set Up Fee, You will be either charged or invoiced that fee on the day You enter into the Contract; and
4.9(b)

a Monthly Fee, You will be either first charged or first invoiced for that monthly fee from the date which we notify You that we have commenced to supply Your Product.
  

4.10

 

 Credit card payments
If You pay any amount to us by credit card, we may charge You a payment processing fee. You will be charged for that fee on the day You make the relevant credit card payment. The amount of the fee will be a percentage of the amount you pay by credit card and will vary according to the type of credit card used. Currently, the fee is 0.64% (inclusive of GST) of the payment amount if the credit card You use to make the payment is MasterCard, Visa, or American Express and 1.8% (inclusive of GST) of the payment amount if the credit card You use to make the payment is Diners Club. These percentages may vary from time to time. We will notify You if these percentages increase.
   

4.11		 We can change Prices at any time
We may change the Price at any time. You consent to any increased prices or additional charges being included in any periodic direct debit authority granted to us.
   

4.12		 GST on payments
Where we make a Taxable Supply to You and the consideration for that supply is not expressed to be inclusive of GST, You must pay us an additional amount for GST equal to the value of that GST exclusive consideration (without deduction or set-off) multiplied by the prevailing GST rate. You must pay the additional amount on demand by us. Where the consideration for a Product is payable by instalments, You must pay us the entire amount of GST applicable to that Product (without deduction or set-off) at the earlier of a demand by us or the due date for payment of the first instalment. We will provide You with a Tax Invoice.
   
5
5.1		 Changes to the Contract or any Product
We may vary this Contract or any Product in accordance with this clause.
5.2 If we vary this Contract or any Product and we reasonably consider that the variation is likely to benefit You or have a neutral impact on You, we can make the variation immediately and do not need to tell You.
5.3 Subject to clauses 5.4 and 5.5 below, if we vary this Contract and we reasonably consider that the variation is likely to have a negative impact on You, we will give You 30 days prior written notice of the variation.

5.4

If we vary any term of this Contract or change any Product or Price and the variation or change has a major negative impact on You (such as where the Price increases by more than CPI plus 4%) we will give You sufficient written prior notice to enable You to cancel the Product affected by the change without payment of any fees or charges.

5.5 However, in some circumstances we may need to exercise these rights on an urgent basis, for example, if there is a change in law or regulation or because of security, fraud, technical and related issues. In such circumstances, we will endeavour to give You 3 days prior written notice of the change.
   
6
6.1		 Termination of this Contract
You may terminate this Contract or cancel a Product at any time by 30 days’ written notice to us unless the cancellation policy set out in clause 7 applies.
6.2 Each cancellation fee referred to in clause 7 is a genuine pre-estimate of the amount of our loss due to Your termination or cancellation.

6.3

We may terminate this Contract or suspend or cancel Your Product at any time:

6.3(a)

by 30 days’ written notice to You without cause (when we will refund the Price on a pro-rata basis); or

6.3(b)

immediately if You breach Your obligations under this Contract and (if capable of remedy) fail to remedy the breach within 14 days after we notify You of such breach; or

6.3(c)

immediately if You become Insolvent; or

6.3(d)

immediately if we become unable to perform the Contract due to a force majeure event affecting either us or our nominees.

6.4 If the Product is a Voice Product, then unless it has otherwise been cancelled or terminated in accordance with this Contract, it will automatically be terminated 12 months after the date it was first made available to the public.
 
7 Cancellation policy

7.1		 Cancellation of a Printed Product
If Your Product is an Awareness Product, You may not terminate this Contract or cancel Your Awareness Product less than two months before the close of advertising for the relevant Directory.

7.2

If Your Product is any other Printed Product, You may not terminate this Contract or cancel the publication of a Printed Product after close of advertising for that Directory.

7.3

If we or You terminate this Contract or cancel a Printed Product before close of advertising for the relevant Directory, we may require You to pay a cancellation fee as set out in Part D of this Contract (together with any GST on this cancellation fee recoverable from You under clause 4.12).

7.4

You may request that Your Yellow™ Online Display Plus, Yellow™ Online Space Plus, Yellow™ Email Bundle or Yellow™ Web Bundle advertisement be removed from the Yellow™ Online site at any time. However, if the removal from the Yellow™ Online site is after the close of advertising for the print Directory in which the relevant advertisement appears:

  • we will not refund any component of the Price paid for the Yellow™ Online Display Plus, Yellow™ Online Space Plus, Yellow™ Email Bundle or Yellow™ Web Bundle advertisement paid prior to the removal; and

  • You must pay us any outstanding component of the Price (if any) applicable to the Yellow™ Online Display Plus, Yellow™ Online Space Plus, Yellow™ Email Bundle or Yellow™ Web Bundle up to the date of removal.


7.5 		Cancellation of an Online Product, Premium Online Product, Offer Product
If Your Product is:

  • a Premium Online Product, White Pages® Online Product or an Offer Product and we or You terminate this Contract or cancel Your Product or a component of Your Product; or

  • an Online Product (other than a Premium Online Product, White Pages® Online Product or Offer Product) and we or You terminate this Contract or cancel Your Product or a component of Your Product prior to or within 6 months of the Product going online (or such other period as we may notify from time to time),
then we may charge You a cancellation fee as set out in the applicable section of Part D of this Contract (together with any GST on this cancellation fee recoverable from You under clause 4.12).
 

7.6		 Cancellation of a Voice Product
If You or we terminate this Contract or cancel a Voice Product prior to or within 6 months of the Product being made available to the public, we may charge You a cancellation fee as set out in Part D of this Contract (together with any GST on this cancellation fee recoverable from You under clause 4.12).
 

7.7 		Cancellation of a Yellow™ Mobile Product
If You or we terminate this Contract or cancel Your Yellow™ Mobile Product, we may charge You a cancellation fee as set out in Part D of this Contract (together with any GST on this cancellation fee recoverable from You under clause 4.12).
 

7.8		 Cancellation of a Yellow™ Online Association Listing
If You or we terminate this Contract or cancel a Yellow™ Online Association Listing, we may charge You a cancellation fee as set out in Part D of this Contract (together with any GST on this cancellation fee recoverable from You under clause 4.12).
   

7.9		 General provisions for cancellation of all Products
After termination of this Contract:

  • We will have no obligation to refund any component of the Price which has already been paid prior to notice of the termination;
  • You will not be required to pay further components of the Price to us, other than payments which were due before termination and any cancellation fee as set out in Part D of this Contract; and
  • We may remove Your advertising from each Product.
   
8 Other important terms

8.1		 General
We may assign or novate our rights and obligations under this Contract without Your consent.
8.2 This Contract will be governed by the laws in force in the State in which it is entered into.
8.3 Where the Directory is the Yellow™ Directory, we enter into this Contract as independent contractor of Telstra. Where Your Product is a Citysearch® Product, we enter into this Contract as agent of CSA. In all other instances, we enter into this Contract as agent of Telstra.
8.4 You acknowledge that where we act as independent contractor of Telstra, Telstra is entitled to the benefit of the warranties, promises, releases, undertakings given by You and may enforce them directly against You. Telstra is not responsible for our obligations as an independent contractor.
8.5 We may use any third parties we consider fit to provide any part or all of Your Product, without informing You or obtaining Your consent.
 

8.6		 Copyright and other uses
You agree that, except for any trademarks, designs, logos, graphics or illustrations that are Your property or the property of the person who authorised You to use them, copyright in our Products, including the Content, belongs to us or to Telstra (or in the case of a Citysearch® Product, CSA). You may not reproduce or permit it to be reproduced without our prior consent. Any costs associated with the authorized reproduction of the Content belonging to us or Telstra are to be borne by You.
8.7 You grant us, our Associated Companies and any entity in which we hold a Relevant Interest a royalty free licence to use, reproduce, modify, adapt and sub-license the Content (to the extent that it is not owned by us or Telstra or CSA under clause 8.6) for the purposes of providing Your Product and including Your Content in any other directory, product, service or marketing material provided or used by us, by Telstra, by CSA, by our Associated Companies, by any entity in which we hold a Relevant Interest or by a third party to which We syndicate Your Product or Content. You agree that the Contract applies to the inclusion of the Content in those other directories, Products, services and marketing materials.
8.8 The licence You grant to us under clause 8.7 includes a licence to provide Content to any of our contractors where necessary for us to provide a Product to You.
 

8.9		 Privacy
You acknowledge that unless your Yellow™ Printed Product or Online Product falls under certain restricted headings, we may use Content from your Yellow™ Printed Product or Online Product in Whereis® products and services, to allow users to search for your address or name using only your phone number or address (as the case may be). If you do not wish your Content to be used for these purposes, you can opt-out by calling 1800 736 747.
 

8.10		 Our warranties and limitation of liability
Where the Price is $40,000 or less, we warrant that we will use due care and skill in relation to the provision of the Product. However, neither we, Telstra nor CSA warrant that the Product will be free from errors or omissions.
8.11 If we breach the warranty set out in clause 8.10, or any other conditions or warranties in the Contract or implied by law which cannot be excluded but which can be limited, then we, Telstra and CSA limit our liability (where it is fair and reasonable to do so) to either of the following (at our option):

8.11(a)

supply of the Product again, free of charge to You; or

8.11(b)

paying You the cost of having the Product supplied again.

8.12 You agree that, apart from Your rights under clauses 8.10 and 8.11 neither we, Telstra nor CSA nor either of our or their Representatives, will be liable for any loss, damage, claim or demand incurred or made by any person (whether based in tort, contract, statute or otherwise) arising under or in connection with this Contract, including from provision of the Product, or failure to provide the Product, or from exercising any of our rights in relation to Content.
 

8.13		 Your warranties
You warrant to us, Telstra and CSA that:

8.13(a)

You have the right to enter into this Contract and are the owner of, or are legally authorised to use the Content and to advertise any business, Product or service referred to in the Content;

8.13(b)

nothing in the Content or Hyperlinked Site is Prohibited Content, contravenes any law or statute (including the Broadcasting Services Act 1992 (Cth)), infringes the rights of third parties or is obscene, indecent, defamatory, or misleading or deceptive;

8.13(c)

the Content complies with the requirements of this Contract and our advertising rules applicable to Your Product from time to time;

8.13(d)

any Hyperlinked Site or URL displayed on Your Product does not, expressly or impliedly, falsely represent that it, or the goods or services described in it, have the endorsement, sponsorship or approval of or association with Telstra, CSA or us; and

8.13(e)

you have obtained the consent of any person, business or property owner (whose property is featured and identifiable in the Content) to the appearance of that person, business or property in that Content. Where any individuals appearing in the Content are minors, you have obtained the consent of their parent or legal guardian.
 

8.14 		Your indemnity in favour of us
You agree to indemnify us and Telstra and both our Representatives against all claims, demands, damages, costs, penalties, suits and liabilities of any nature caused directly or indirectly by Your act or omission or any breach by You of any provision of this Contract including the warranties given by You under clause 8.13.
8.15 Where the Product is a Citysearch® Product, CSA and its Representatives will also be entitled to the benefit of the indemnity in clause 8.14 above.
   
PART B. PRODUCT SPECIFIC TERMS
 

8A		 NEED HELP IN A HURRY™ specific terms
The product specific terms for Need Help in a Hurry™ are set out in the Need Help in a Hurry™ agreement You have entered into with us.
   
  CITYSEARCH® PRODUCT specific terms
9
9.1		 Domain Name Registration and Delegation
We may offer You a domain name registration and delegation service (as a reseller of a domain name registration company, where indicated on the Domain Name Registration Form) or, if You already have a domain name, a redelegation service as part of the Citysearch® Product.
9.2 We will only register, delegate or re-delegate one domain name for You under this Contract. Such registration, delegation or re-delegation will only be for an address within the domains available from the domain name registration company from time to time.
9.3 You acknowledge that:
 
  • if You require us to register or re-delegate a domain name on Your behalf, we will enter into a contract with the domain name registration company on Your behalf;
 
  • pursuant to the Domain Name Terms and Conditions, the registration of Your domain name may be subject to certain terms and conditions being met and we do not guarantee that You will be successful; and
 
  • once we have registered and delegated, or re-delegated a domain name for You, it is Your responsibility to liaise directly with the domain name registration company for renewals, cancellation and transfers of that domain name.
9.4 We do not guarantee that an application to the domain name registration company or to another registrar for redelegation will be accepted.
9.5 During redelegation there may be some disruption to Your e-mail service.
9.6 For the purpose of this clause 9, You warrant that the Contract has been signed by the principal or an authorised employee of the organisation licensed to use the Domain Name.
   
10 PROMOTIONAL TEXT (PRIORITY ADVERTISERS ONLY) specific terms
10.1 If You are a Priority Advertiser, You have the option of including a Promotional Text in Priority Advertiser SMS relating to You and/or Your business. We do not charge You for Promotional Text.
10.2 We will not include any other advertising in Priority Advertiser SMS with Your listing information for the term of Your Priority Advertising contract, whether or not You choose to include Promotional Text.
10.3 Your Promotional Text will not be included in Priority Advertiser SMS sent to customers who opt-out of receiving marketing information from us.
10.4 You can only have one Promotional Text.
10.5 You must ensure that Your Promotional Text:
  • clearly identifies You and/or Your business;

  • does not suggest an association between You and us, or an endorsement of You by us;

  • only promotes offers that are available to the public at large; and

  • is otherwise supplied in accordance with the SMS Advertising Product Rules and Guidelines and all laws, and does not breach the rights of any third party.
10.6 Any messages sent to us in response to a Priority Advertising SMS containing Your Promotional Text will not be passed onto You.
10.7 Further terms relating to Promotional Text are set out in the SMS Advertising Product Rules and Guidelines.
   
PART C. INTERPRETATION

11 Interpretation
ACMA means the Australian Communications and Media Authority.
   

Applicable Rate means the Reserve Bank’s Official Cash Rate (as published in the Australian Financial Review at the time the Price became due) plus 5%.

   
  Associated Company means a Related Body Corporate as defined in the Corporations Act 2001 (Cth).
   
  Awareness Product means a paid Directory advertisement which is non-standard and includes back, front or inside cover, spine, tab divider, banner, billboard and badge advertisements and advertising on the company information pages, telecommunications pages, government pages and sponsored pages or any other Products we deem to be Awareness Products from time to time.
   
  Citysearch® Product means one or more forms of electronic display and communication for publication on www.citysearch.com.au including any advertising, identified by the item(s) in the Product column in the Contract details form.
   
  Content means any information (including personal information), business name, trade name, trademark, design, logo, photograph, illustration, graphic, artwork, video, audio or other material forming part of the Product which has been provided or may be provided in the future.
   
  Contract means the terms on which You acquire the Product from us as explained in clause 1.
   
  Contract details form means the document setting out Your order and the details of Your Product (whether provided in printed or electronic format).
   
  CSA means Citysearch Australia Pty Ltd (ABN 48 076 673 857).
   
  Directory means the Yellow™ print directory or the GoStay® directory in which Your Printed Product is published or any other product that we introduce from time to time as a Directory.
   
  Domain Name means the domain name registered and delegated or re-delegated for You by us.
   
  Domain Name Terms and Conditions are any terms and conditions under which a domain name licence is issued from time to time by the domain name registration company indicated on the Domain Name Registration Form.
   
  GST means the tax imposed under the GST Act and related imposition Acts of the Commonwealth.
   
  GST Act means the A New Tax System (Goods and Services Tax) Act 1999.
   
  Heading Criteria has the meaning given to that term in the Need Help in a Hurry™ agreement You have entered into with us.
   
  Home at Yellow® means the Home at Yellow® internet site.
   
  Hyperlinked Site means an Internet site accessed by a hyperlink from Your Online Product or Citysearch® Product.
   
  Insolvent means:
(a) You are unable to pay Your debts as they fall due, You make or commence negotiations with a view to making a general rescheduling of Your indebtedness, a general assignment, scheme of arrangement or composition with Your creditors;
  (b) You take any corporate action, or any steps are taken or legal proceedings are started for:
    (i) Your winding up dissolution, liquidation, or re-organisation, other than to reconstruct or amalgamate while solvent; or
    (ii) the appointment of a controller, receiver, administrator, official manager, trustee, or other similar officer, of You or of any of Your revenue or assets; or
(c) You seek or are granted protection from Your creditors under any applicable legislation.
   
  Monthly Fee means a component of the Price for a Product payable on a monthly basis during the term of this Contract.
   
  Need Help in a Hurry™ means a Printed Product in the “Need Help in a Hurry™” section of the Yellow™ print directory offered to persons who meet, to our satisfaction, the Heading Criteria, and includes a Need Help in a Hurry™ Number.
   
  Need Help in a Hurry™ Number means the telephone number allocated by us to a person acquiring a Need Help in a Hurry™ Product.
   
  Offer Products mean any of the following Products: Yellow™ Offers and Yellow™ Featured Offers and any other product that we may introduce from time to time as an Offer Product.
   
  Online Product means the paid advertisement or information You provide to us, or we develop on Your behalf, for publication electronically or on the Internet, which may consist of separate components including but not limited to a Hyperlinked Site, and includes a Citysearch® Product, White Pages® Online Product, Yellow™ Online Sponsorship Badges, Yellow™ Online Association Listing, and any other product that we introduce from time to time as an Online Product. For the avoidance of doubt, an Online Product excludes Yellow™ Online Display Plus Products, Yellow™ Online Space Plus Products, Yellow™ Email Bundles, Yellow™ Web Bundles and advertising on www.sensis.com.au.
   
  Premium Online Product means any of the following Products: Yellow™ Online Platinum Product, Yellow™ Online Related Business Badges, Home at Yellow® Category Sponsor, Home at Yellow® Promotional Catalogue, Home at Yellow® Featured Items and any other product that we introduce from time to time as a Premium Online Product.
   
  Price means the Price payable by You for Your Product, as notified to You by us from time to time.
   
  Printed Product means the paid entry, advertisement or information to be published in the Directory, as set out in the Contract details form and, where applicable, includes Awareness Products, Need Help in a Hurry™, the online component of Yellow™ Online Display Plus Products, Yellow™ Online Space Plus Products, Yellow™ Email Bundles and Yellow™ Web Bundles and any other product that we introduce from time to time as a Printed Product.
   
  Priority Advertiser means an advertiser whose Yellow™ listing is relevant to a customer’s request which is offered to the customer in preference to other listings (unless the listing of a non-Priority Advertiser is requested).
   
  Priority Advertiser SMS means the SMS We send to customers who request or are given the listing information of a Priority Advertiser by SMS from one of our voice directory assistance and search services that provide a through connection option for mobile callers.
   
  Product means one or all of a Printed Product, Voice Product, Citysearch® Product Online Product, Offer Product, White Pages® Online Product or Yellow™ Mobile Product (including Content in the Product).
   
  Prohibited Content means “prohibited content” or “potential prohibited content” under the Broadcasting Services Act 1992 (Cth).
   
  Promotional Text means an advertisement about a Priority Advertiser that We include in the Priority Advertiser SMS.
   
  Relevant Interest has the meaning it has in the Corporations Act 2001 (Cth).
   
  Representative means officers, employees or agents.
   
  Set Up Fee means a component of the Price which is once-off non-refundable fee.
   
  Tax Invoice has the same meaning as in the GST Act.
   
  Taxable Supply has the same meaning as in the GST Act.
   
  Telstra means Telstra Corporation Limited (ABN 33 051 775 556).
   
  Voice Product means a paid service or Product which is provided by means of a voice-based service as set out in the Contract details form.
   
  we, us, our refers to Sensis Pty Ltd (ABN 30 007 423 912).
   
  Whereis® Map means a link to the Whereis® OnLine Site from Your Citysearch® Product displaying a Whereis® map of Your chosen location.  
   
  Whereis® Map Terms and Conditions are the terms and conditions under which we will provide You with a Whereis® Map, which may be viewed on the Internet at www.whereis.com.au.  
   
  White Pages® Online Product means the paid advertisement or information You provide to us, or we develop on Your behalf, for publication electronically or on the White Pages® internet site.
   
  Yellow™ Mobile Product means paid advertising or information You provide to us for publication on mobile application accessible via compatible mobile devices and includes Yellow™ Mobile Premium and any other product that we introduce from time to time as a Yellow™ Mobile Product. Yellow™ Mobile Product does not include Online Products.
   
  You, Your refers to the customer named on the front of the Contract details form.
 

PART D. AMOUNTS YOU MUST PAY US ON CANCELLATION OF A PRODUCT



Product Cancellation fee
Printed Products
  • Up to 7.5% of the GST-exclusive Price to cover our administration costs; and
  • any GST-exclusive costs of production we incur (such as artwork and bromides).
Online Products including White Pages® Online Products (other than Premium Online Products, Offer Products & Yellow™ Online Association Listings)

Voice Products 		If the Product is cancelled before it is made available to the public, 10% of the GST-exclusive Price of the Product.

If the Product is cancelled after it is made available to the public, and the Product is not a 1 or 3 month campaign, the difference between:
  • the sum of the Set Up Fee (if applicable) and the Monthly Fee for the relevant component(s) of the Product for 6 months; and
  • the total amount of the Set Up Fee (if applicable) and Monthly Fee for the relevant component(s) of the Product paid by You before the date of cancellation or termination.
If the Product is cancelled after it is made available to the public, and the Product is a 1 or 3 month campaign, then the entire amount of the GST-inclusive Price of the Product less the amount paid by You for the Product before the date of cancellation or termination.
Premium Online Products

Yellow™ Mobile Product

Offer Products 		If the Product is cancelled before it is made available to the public, 10% of the GST-exclusive Price of the Product.

If the Product is a Yellow™ Mobile Product:

If the Product is cancelled after it is made available to the public, the GST-inclusive charges that would have been payable for 180 days less the amount paid by You for the Product before the date of cancellation or termination.

If the Product is a Premium Online Product and a campaign of 180 days or more:

If the Product is cancelled after it is made available to the public, the GST-inclusive charges that would have been payable for 180 days less the amount paid by You for the Product before the date of cancellation or termination.

If the Product is a Premium Online Product and a campaign of less than 180 days but more than 90 days:

If the Product is cancelled after it is made available to the public, the GST-inclusive charges that would have been payable for 90 days less the amount paid by You for the Product before the date of cancellation or termination.

If the Product is a campaign of less than 90 days or an Offer Product:

If the Product is cancelled after it is made available to the public, the GST-inclusive charges that would have been payable for the Product for
  • 30 days; or
  • if the Product was to be supplied for a period less than 30 days, the period that the Product was to be supplied,
less the amount paid by You for the Product before the date of cancellation or termination.
Yellow™ Online Association Listing
If the Product is cancelled after it appears online, the GST-inclusive charges that would have been payable for 12 months, less the amount paid by You for the Product before the date of cancellation or termination.
 
 
 

 

 
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