Effective Date: July 1 2026

 

These Terms and Conditions govern all advertising services supplied by Non Stop Adz Pty Ltd ATF Investstar Holding Trust trading as Non Stop Marketing ("Company", "we", "our", or "us") to the advertiser ("Advertiser", "you", or "your").

By placing an order, verbally approving an advertisement, approving artwork, supplying advertising material, signing an order form, accepting an invoice, or making payment, the Advertiser agrees to be bound by these Terms and Conditions.

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1. BUSINESS DETAILS

Non Stop Marketing

ABN: 74 230 675 370

Address: 6/53-57 Upton Street, Bundall QLD 4217

Email: office@nonstopmarketing.au

Phone: 1300 85 26 85

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2. ADVERTISING SERVICES

The Company provides advertising services including but not limited to:

• Fridge Calendars

• School Calendars

• Appointment Cards

• Coasters

• Bar Runners

• Promotional Publications

• Printed Marketing Products

• Advertising Design Services

The Company reserves the right to modify, discontinue or introduce services at any time.

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3. ADVERTISING ORDER

An advertising order is deemed accepted when any of the following occurs:

(a) verbal approval is provided;

(b) a purchase order is issued;

(c) an order form is signed;

(d) artwork instructions are supplied;

(e) advertising content is supplied;

(f) artwork approval is received;

(g) payment is made; or

(h) the Company reasonably relies upon communications indicating acceptance.

No further signature is required for a binding agreement to exist.

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4. AUTHORITY TO CONTRACT

The person placing an order represents and warrants that they possess authority to enter into this agreement on behalf of the Advertiser.

The Advertiser shall remain liable for all obligations arising under this agreement where:

• the Company reasonably relied upon apparent authority;

• the person represented themselves as authorised;

• the order was placed using company contact details, email addresses, business cards or communications reasonably associated with the Advertiser.

The Advertiser indemnifies the Company against any claim arising from alleged lack of authority by its representatives.

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5. ADVERTISING FEES

Current standard pricing:

Fridge Calendar Advertising – 1000 Calendars

$595.00 plus GST

School Calendar Advertising – 1000 Calendars

$894.00 plus GST

Appointment Cards Advertising – 2500 Appointment Cards

$598.00 plus GST

Drink Coaster Advertising – 3000 Coasters

$595.00 plus GST

Bar Runners Advertising – 5 Bar Runners

$565.00 plus GST

Unless otherwise agreed in writing.

The Company may revise prices from time to time without notice for future campaigns.

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6. PAYMENT TERMS

Payment is due within fourteen (7 / 14) days of invoice unless otherwise agreed.

The Company may require:

• full payment in advance;

• part payment;

• credit card authorisation;

• direct debit arrangements.

The Company may refuse advertising placement until payment arrangements are satisfactory.

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7. LATE PAYMENT

Where payment remains outstanding after the due date:

The Company may:

• charge interest at 10% per annum calculated daily;

• suspend future services;

• engage debt collection agencies;

• commence legal proceedings;

• recover all costs incurred in recovery.

Recovery costs include:

• collection agency fees;

• legal costs;

• court filing fees;

• tracing fees.

 

8. ADVERTISEMENT CONTENT

The Advertiser is solely responsible for all content supplied.

The Advertiser warrants that all material:

• is accurate;

• is lawful;

• is not defamatory;

• does not infringe copyright;

• does not infringe trademarks;

• does not violate privacy rights;

• complies with applicable laws.

The Company is entitled to rely entirely upon information supplied by the Advertiser.

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9. INDEMNITY FOR ADVERTISING CONTENT

The Advertiser indemnifies and holds harmless the Company from any claim, action, loss, damage, cost or expense arising from:

• inaccurate information;

• intellectual property infringement;

• misleading statements;

• regulatory investigations;

• consumer complaints;

• disputes involving supplied material.

This indemnity survives termination of this agreement.

 

10. ARTWORK DESIGN

The Company may provide advertising layout and design services.

The Company may make reasonable adjustments to:

• sizing;

• layout;

• colour schemes;

• formatting;

• image positioning.

The Company retains discretion regarding publication suitability and presentation standards.

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11. ARTWORK APPROVAL

The Advertiser must carefully review all artwork proofs provided.

Approval constitutes acceptance of:

• spelling;

• business names;

• telephone numbers;

• website addresses;

• email addresses;

• logos;

• social media details;

• promotional wording.

Once approved, the Company bears no responsibility for errors that were reasonably capable of being identified.

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12. PRODUCTION COMMITMENT

Following advertiser approval, the Company may commit funds towards:

• design work;

• print production;

• administration;

• distribution;

• supplier contracts;

• logistics.

Because substantial costs are incurred immediately, orders become final upon approval.

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13. CANCELLATION POLICY

Once artwork is approved or production commences:

• orders cannot be cancelled;

• refunds are not available;

• credits are not available.

Requests for cancellation may be considered solely at the Company's discretion.

Any approved cancellation may attract administrative and production charges.

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14. EXCLUSIVE ADVERTISING CATEGORIES

Where sold as an exclusive category position, the Company agrees not to knowingly place a direct competitor within the same calendar publication.

The determination of competitor status remains solely at the Company's discretion.

Any inadvertent placement shall not constitute a material breach of this agreement.

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15. DISTRIBUTION NETWORK

The Company distributes calendars and appointment cards through an Australia-wide network of independent distribution partners.

Distribution may include:

• retail businesses;

• pharmacies;

• medical centres;

• schools;

• community organisations;

• service providers;

• other approved outlets.

 

16. DISTRIBUTION DISCLAIMER

The Company will use reasonable commercial efforts to distribute calendars and appointment cards.

The Advertiser acknowledges:

• distribution is conducted by independent third parties;

• household reach cannot be guaranteed;

• individual recipient behaviour cannot be controlled;

• exact distribution volumes cannot be verified in every circumstance.

The Advertiser agrees that reasonable distribution efforts satisfy the Company's obligations.

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17. DISTRIBUTOR FAILURE

If a distributor:

• closes;

• relocates;

• refuses stock;

• becomes insolvent;

• fails to distribute;

• ceases trading;

the Company may:

• allocate stock elsewhere;

• appoint alternative distributors;

• alter distribution locations;

• adjust distribution methods.

Such circumstances shall not constitute breach of contract.

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18. NO PERFORMANCE GUARANTEE

The Company does not guarantee:

• sales increases;

• customer enquiries;

• leads;

• new customers;

• profits;

• return on investment;

• business growth.

The Advertiser acknowledges that advertising effectiveness varies between businesses.

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19. NO REFUNDS FOR COMMERCIAL RESULTS

The Company shall not be liable for dissatisfaction relating to:

• advertising performance;

• business outcomes;

• sales results;

• lead generation outcomes.

Advertising is purchased as exposure and branding rather than guaranteed commercial performance.

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20. RECORDS OF ACCEPTANCE

The Advertiser agrees that the Company may rely upon the following as evidence of acceptance:

• telephone recordings;

• emails;

• SMS messages;

• text messages;

• electronic signatures;

• invoice acceptance;

• supplied artwork;

• proof approvals;

• payment records.

Any combination of these records may be relied upon in legal proceedings.

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21. LIMITATION OF LIABILITY

To the fullest extent permitted by law, the Company's maximum liability for any claim shall not exceed the advertising fee paid by the Advertiser.

This limitation applies regardless of:

• negligence;

• breach of contract;

• misrepresentation;

• statutory claims.

 

22. EXCLUSION OF CONSEQUENTIAL LOSS

The Company shall not be liable for:

• lost profits;

• loss of opportunity;

• business interruption;

• loss of goodwill;

• indirect losses;

• consequential losses.

 

23. FORCE MAJEURE

The Company shall not be liable for delays or failures resulting from circumstances beyond its reasonable control, including:

• floods;

• fires;

• storms;

• pandemics;

• transport disruptions;

• supplier failures;

• industrial disputes;

• government restrictions.

 

24. PRIVACY

The Advertiser consents to the Company collecting and storing information reasonably required for business operations.

Information may be disclosed to suppliers, printers, legal advisers, debt collection agents and service providers where reasonably necessary.

 

25. INTELLECTUAL PROPERTY

The Advertiser retains ownership of its pre-existing intellectual property.

The Company retains ownership of:

• design concepts;

• layouts;

• formatting;

• marketing systems;

• proprietary material created by the Company.

Unless otherwise agreed in writing.

 

26. DISPUTE RESOLUTION

Any dispute shall first be referred to mediation conducted in Queensland, Australia.

Each party shall participate in good faith before commencing litigation.

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27. GOVERNING LAW

This agreement is governed by the laws of Queensland, Australia.

The parties submit to the exclusive jurisdiction of Queensland courts.

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28. SEVERABILITY

If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.

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29. ENTIRE AGREEMENT

This agreement constitutes the entire agreement between the parties and supersedes all prior discussions, representations and understandings.

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30. ACCEPTANCE

The Advertiser acknowledges that acceptance of this agreement occurs through:

• verbal approval;

• written approval;

• electronic communication;

• approval of artwork;

• payment of an invoice;

• submission of advertising material;

• any conduct indicating acceptance.

The Advertiser acknowledges having read and understood these Terms and Conditions.