ACTIVARO AUSTRALIA PTY LTD

Terms and Conditions of Service

These Terms and Conditions of Service (“Terms”) govern your use of the Prime Presence website and the services provided by ACTIVARO AUSTRALIA PTY LTD (ABN: 22 696 919 070) trading as Prime Presence (“Prime Presence”, “we”, “our”, or “us”).

By accessing our website, contacting us, requesting information, booking a discovery call, submitting an enquiry, accepting a quotation, or engaging our services, you agree to be bound by these Terms.

Terms Of Services

1

About Prime Presence

Prime Presence is a specialist traditional media advertising agency that assists businesses in building stronger local brand awareness through strategic advertising campaigns.

Our services may include, but are not limited to:

  • Local Market Presence Strategy
  • Billboard Advertising
  • Bus Shelter Advertising
  • Transit Advertising
  • Medical Centre Advertising
  • Retail Environment Media
  • Letterbox Distribution
  • Campaign Planning
  • Media Buying and Placement
  • Creative Design Coordination
  • Campaign Management
  • Marketing Consultation
2

Enquiries and Consultations

You may contact Prime Presence by telephone, email, website enquiry forms, social media, referral or by booking a discovery call.

Any information, discussions or recommendations provided before a written proposal is accepted are general in nature and do not constitute professional advice or create a contractual relationship.

Submitting an enquiry does not guarantee acceptance as a client.

3

Discovery Calls and Free Strategy Sessions

Prime Presence may offer complimentary discovery calls or strategy consultations.

These sessions are intended to better understand your business and advertising objectives.

Recommendations provided during these consultations are based on the information available at the time and may change following further discussions, research or media availability.

4

Referrals

Prime Presence welcomes referrals from clients, business partners and professional advisers.

Unless otherwise agreed in writing:

  • referrals do not establish an agency, partnership, employment or joint venture;
  • referral fees or commissions are only payable where agreed in writing prior to the referral; and
  • Prime Presence reserves the right to accept or decline any referred enquiry.
5

Quotations and Proposals

All quotations, proposals and recommendations are subject to:

  • media availability;
  • supplier confirmation;
  • production requirements;
  • campaign dates;
  • artwork approval;
  • pricing changes by suppliers; and
  • any conditions contained within the proposal.


Unless otherwise stated, quotations remain valid for 30 days from the date of issue.

Advertising inventory is not secured until the proposal has been accepted and any required deposit has been received.

6

Acceptance of Services

A contract is formed only when:

  • you accept a written proposal or quotation;
  • any required deposit has been received; and
  • Prime Presence confirms acceptance of your project.


We reserve the right to decline any project at our discretion.

7

Pricing and Payment

Unless otherwise stated:

  • all prices are in Australian Dollars (AUD);
  • GST is additional unless expressly stated otherwise;
  • production, printing, installation and media costs may be quoted separately;
  • payment terms will be outlined within your proposal or invoice.


Failure to pay invoices by their due date may result in:

  • suspension of work;
  • delayed campaign commencement;
  • cancellation of media bookings; and


Recovery of reasonable debt collection costs where permitted by law.

8

Campaign Planning and Media Availability

Advertising inventory is supplied by independent media owners.

Prime Presence cannot guarantee the ongoing availability of any specific advertising location until confirmed by the media owner.

Where booked media becomes unavailable, we will use reasonable efforts to recommend an equivalent alternative.

9

Artwork and Design Approval

Where design services are provided, you are responsible for reviewing and approving all artwork before production.

Approval confirms that you have checked:

  • spelling;
  • grammar;
  • pricing;
  • logos;
  • business names;
  • contact details;
  • website addresses;
  • colours;
  • imagery;
  • campaign dates; and
  • all other content.


Once artwork has been approved, changes may incur additional costs and production delays.

10

Client Responsibilities

You agree to:

  • provide accurate information;
  • provide required logos, branding and content;
  • obtain permission to use all supplied material;
  • review proposals and artwork promptly;
  • provide approvals within agreed timeframes;
  • comply with applicable advertising laws; and
  • pay invoices when due.


Delays in supplying information or approvals may delay campaign delivery.

11

Third-Party Suppliers

Prime Presence works with independent suppliers including:

  • media owners;
  • printers;
  • installers;
  • designers;
  • distributors;
  • technology providers; and
  • other specialist service providers.


Prime Presence is not responsible for delays or issues arising from third-party suppliers beyond our reasonable control.

12

Marketing Results

While we apply our experience and best efforts to develop effective advertising campaigns, we cannot guarantee:

  • enquiries;
  • leads;
  • sales;
  • revenue;
  • market share;
  • return on investment;
  • website traffic; or
  • business growth.


Campaign performance depends on numerous external factors including market conditions, competition, pricing, customer demand and business operations.

13

Cancellations

If a campaign is cancelled after work has commenced, Prime Presence reserves the right to charge for:

  • consultation time;
  • strategy development;
  • creative work completed;
  • media bookings already confirmed;
  • production costs incurred; and
  • third-party costs that cannot be recovered.

Some media bookings may be non-refundable once confirmed.

14

Intellectual Property

All intellectual property belonging to Prime Presence, including:

  • branding;
  • website content;
  • proposals;
  • marketing concepts;
  • campaign strategies;
  • graphics;
  • layouts; and
  • documentation,


remains the property of ACTIVARO AUSTRALIA PTY LTD unless otherwise agreed in writing.

Clients retain ownership of materials they provide.

Upon full payment, clients receive the agreed licence or ownership rights specified in their proposal.

Prime Presence reserves the right to display completed work within its portfolio unless otherwise agreed.

15

Website Use

Users of this website must not:

  • attempt unauthorised access;
  • interfere with website operation;
  • upload malicious software;
  • use automated scraping tools without permission;
  • submit false information; or
  • use the website for unlawful purposes.
16

Privacy

Your use of our services is also governed by our Privacy Policy.

By providing your personal information, you consent to its collection and use in accordance with our Privacy Policy.

17

Limitation of Liability

To the maximum extent permitted by Australian law, Prime Presence shall not be liable for any indirect, incidental, special or consequential loss including loss of profits, business interruption, loss of opportunity or loss of data arising from the use of our services or website.

Nothing in these Terms excludes rights that cannot lawfully be excluded under the Australian Consumer Law.

18

Australian Consumer Law

Our services include guarantees that cannot be excluded under the Australian Consumer Law.

Where permitted by law, our liability is limited to:

  • supplying the services again; or
  • paying the reasonable cost of having the services supplied again.


Nothing in these Terms limits your statutory rights under Australian law.

19

Force Majeure

Prime Presence is not liable for delays or failure to perform its obligations where such delay or failure results from events beyond our reasonable control, including:

  • natural disasters;
  • severe weather;
  • pandemics;
  • industrial disputes;
  • government action;
  • supplier failure;
  • transport interruptions;
  • internet or technology outages; or
  • other unforeseen events.
20

Changes to These Terms

Prime Presence may update these Terms from time to time.

The latest version will always be available on our website.

Continued use of our services following any update constitutes acceptance of the revised Terms.

21

Governing Law

These Terms are governed by the laws of New South Wales, Australia.

Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.

22

Contact Us

If you have any questions regarding these Terms and Conditions of Service, please contact:

Prime Presence
A trading name of ACTIVARO AUSTRALIA PTY LTD

Phone: 1300 368 920
Email: hello@primepresence.com.au
Website: www.primepresence.com.au