Terms and conditions.

Why Then How Pty Ltd ABN 22347260014 and Local Images ABN 61073721374 are the publishers of The Barbers of Sydney book, website, and social media platforms. Throughout these terms, we will be referred to as (“us, our, we”). 

  1. Every advertiser and advertising agency (“you”) who submits an order for a feature or advertising in our publications, website or social media platforms operated by us agrees to these terms and conditions. Your order and these Terms and Conditions form the basis of a contract between you and us for the provision of the advertising ordered by you.

  2. “Advertising material” and “Advertising material and/or featured content”,  throughout these Terms refer to any content submitted by you to us for publication.

  3. We will, subject to availability, technical limitations, and these Terms and Conditions, use our reasonable endeavours to publish your advertising material in the format you submitted or written and designed in accordance with your other instructions. The positioning or placement and final copyediting of your featured content and/or advertisement will be at our discretion unless we expressly agree otherwise in writing. 

  4. A 50% deposit is required within 14 days of your application to secure your placement with Barbers of Sydney. The remaining balance is due by September 30, 2025, or 3 months before publication, whichever comes first.  An invoice will be sent upon completion. Please note that placement is not guaranteed until the deposit is received, and spaces are limited and allocated on a first-come, first-served basis.

  5. The agreement and complete payment of your invoice for your advertising material is for placement in a single print production run, which is usually between one thousand and two thousand copies. Including your advertising material in any subsequent print production run at no extra cost to you is at our sole discretion. We reserve the right to offer you placement in a subsequent print run at a new rate that could be less or more than the original rate. You are responsible for accepting and paying for the new offer for any subsequent print run

  6. It is the advertiser's responsibility to ensure all material supplied, designed and print-ready meets the required specifications as stated in the proposal and content guidelines. The Barbers of Sydney accepts no responsibility nor guarantees the size, clarity or printed reproduction of supplied designed and print-ready artwork.  

  7. At our discretion, we may refuse to publish any content and/or advertisement without any reason. Every content submission is subject to the approval of the Barbers of Sydney. We reserve the right to refuse to accept an advertisement or content submission for publication or withdraw or cancel an advertisement at any time, and the advertiser shall have no claim against the Barbers of Sydney other than for the refund of any money paid by the advertiser if the advertisement and/or content is not published. The Barbers of Sydney otherwise excludes all liability (to the extent permitted by law), including for consequential loss, whether due to negligence or otherwise. If we refuse to publish your advertisement, no fee will be charged to you. Even if a contract has been formed between you and us, we reserve the right to refuse or withdraw your advertisement from publication at any time without giving reasons, even if we have previously published the same or similar advertisement. We may, at our absolute discretion and no extra cost to you, re-publish your advertisement in any other place. You acknowledge that we are entitled to publish your advertisement anywhere in the world via any medium. We may, without prior consultation or notice to you, amend your advertisement in any way whatsoever if we believe that the publication of your advertisement would be offensive, in breach of any law, in breach of any pre-existing agreement we have with a third party or in breach of a third parties right. If we amend your advertisement, this will not reduce the price agreed for the publication of the advertisement. We reserve the right to vary the placement or positioning of your advertisement and change the format of your advertisement where we deem fit. We will endeavour to notify you of those changes. Still, we will not be liable for any costs, expenses, losses or damages suffered or incurred by you arising from our failure to publish your advertisement in accordance with your request. We may head any advertisement as “Advertisement” whenever required to do so by law or whenever we consider it appropriate, for any reason, to distinguish it from other types of content.

  8. The rate for your advertisement will be as agreed by us and specified in the proposal and invoice. If we have quoted a rate to publish a specific quantity of advertising over a specific period, a lesser quantity is submitted for publication within that period. What is published within that period shall be costed at whatever rate is necessary to generate the expenditure that would have been incurred had the full agreed volume been published. You must pay us for the advertising services in accordance with the terms of your order. If no due date for payment is specified in your order, you must pay us within 14 days of the invoice date. Unless expressly stated otherwise, all rates and charges quoted are exclusive of GST. We will issue you a valid tax invoice, and you must pay us any applicable GST in addition to the rates and charges quoted to you. 

  9. Standard creative must be received by the published deadline for the relevant publication, and rich media creative must be received by the relevant published submission date. If we receive creative after the relevant date and cause your campaign to be delayed, the publication of the advertisement will be considered to have commenced on the commencement date specified in the order.

  10. You are responsible for arranging and managing re-directs with third-party ad servers and providing such third parties with the creative and lead time requirements. We will not compensate you where campaigns are affected or delayed in any way by third-party ad-server redirect problems. At our absolute discretion, we may remove any redirects from our network that are delayed in serving advertisements. All click-through URLs must enable the browser's back feature to allow users to return to our website. If you submit advertising material to us electronically, the material must comply with our specifications. We can reject the advertising material if it is not submitted in accordance with such specifications.

  11. You must promptly check any advertising proofs if we have arranged to provide you with any and notify us of any errors in the proofs or in any advertisement we publish for you. We do not accept any responsibility for errors in advertising material you submit electronically.

  12. Cancellation of any advertisement or campaign must be received in writing from you no less than 90 days before the published advertising deadline to receive a 100% refund. Any cancellations of any nature received after the Cancellation Deadline as published in the Advertising Agreement are at our sole discretion. Any cancellations after this date will be subject to a minimum cancellation fee of 100% of the total cost of the entire campaign. Campaigns cancelled at your request after commencement will not be entitled to a refund of the unused portion of the campaign.

  13. If you fail to pay for the advertising services in accordance with your order and these Terms and Conditions, or if you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over any of your assets or if you resolve to wind up your company, then we may (at our absolute discretion cancel any current advertising campaign and terminate any agreement for advertising that is yet to be published and take proceedings against you to recover any overdue amount including costs in relation to any action taken against you by us.

  14. You promise that any advertising material you submit or approve for publication complies with all relevant laws and regulations and will not cause any claims or liabilities against us and our partners. Without limiting the above, you warrant that the advertising material submitted, authorised or approved by you does not breach or infringe the Trade Practices Act (Cth), the Fair Trading Acts of relevant States of Australia or equivalent or other sale of goods legislation; any copyright, trade mark, obligation of confidentiality or other personal or proprietary rights; any law of defamation, obscenity or contempt of any court, tribunal or royal commission; State or Commonwealth anti-discrimination legislation; the Privacy Act (Cth); or any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory). By submitting, authorising or approving advertising material for publication by us, you indemnify us and our partners against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from the publication of the advertising material. Without limiting the generality of the above, you indemnify us, and our partners against any costs, expenses, losses, damages, liability and claims suffered or incurred and arising from your breach of these Terms and Conditions and any negligent or unlawful act or omission by you in connection with the advertising.

  15. We do not guarantee or promise anything regarding the volume of traffic to our websites or the quantity of impressions at any given site, except when explicitly stated in writing by us. You acknowledge that you have not relied upon any advice or representations made by us or on our behalf in relation to the advertising, except for any guarantees or representations made explicitly in writing by us.

  16. We have no liability to you, and you indemnify us in relation to any failure of telecommunications services or systems that affect our receipt of your advertisement or the publication of your advertisement.

  17. We exclude all implied conditions and warranties from these Terms and Conditions, except any condition or warranty (such as those implied by the Trade Practices Act), which cannot be excluded (non-excluded conditions). We limit our liability for breach of any non-excluded condition (to the extent that liability for such breach can be limited) and any other error or omission in publishing caused by us to (at our option) re-supply of the advertising services affected by our breach or payment of the cost of re-supply. Subject to the above, we exclude all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with these Terms and Conditions and any advertisement published by us, whether that liability arises in contract, tort (including by our negligence) or under statute. Without limitation, we will not, in any circumstance, be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.

  18. We may change these Terms and Conditions at any time without notice to you. Those changes will apply to the provision of advertising services after the date the change becomes effective. You and we will be bound by the Terms and Conditions that are current as of the date of your order.

  19. These Terms and Conditions, together with your Advertising Agreement, represent the entire agreement between you and us in relation to the advertising services and cannot be varied except by agreement in writing signed by one of our authorised officers. No purchase order or document issued by you will vary these Terms and Conditions. We will not be liable for any delay or failure to publish your advertisement that is caused by a factor outside of our reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint). We may serve a notice or any court document on you by forwarding them by prepaid post or facsimile to your last known address.

  20. Any failure by us to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. If any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.