Advertising Terms & Conditions

Preamble

These Advertising Terms and Conditions (“Terms”) apply to all partnership and advertising agreements entered into between Airline Ratings Pty Ltd (ABN 71 158 895 446), trading as AirlineRatings.com (“the Publisher”), and any advertiser, agency, or third party (“the Advertiser”) purchasing advertising or partnership services on AirlineRatings.com or any associated platforms.

By signing an Advertising Agreement or placing an order for advertising services, the Advertiser acknowledges that it has read, understood, and agrees to be bound by these Terms. These Terms, together with the applicable Advertising Agreement, form the entire agreement between the parties. In the event of any inconsistency between these Terms and the Advertising Agreement, the Advertising Agreement takes precedence.

The Publisher reserves the right to amend these Terms at any time. The current version of these Terms is available at AirlineRatings.com. Any amendments will apply to Advertising Agreements entered into after the date of amendment.

1. Definitions

“Advertiser” means the party purchasing advertising or partnership services, including any agency acting on its behalf.

“Agency” means any third party authorised to act on behalf of the Advertiser.

“Advertising Agreement” or “AA” means the signed agreement between the Publisher and the Advertiser specifying the campaign details, placements, pricing, and schedule.

“Ad Materials” means all creative assets, copy, images, code, tags, and media supplied by the Advertiser for publication.

“Publisher” means Airline Ratings Pty Ltd (ABN 71 158 895 446), trading as AirlineRatings.com, registered in Western Australia, Australia.

2. Advertising Agreements

All advertising campaigns are governed by a signed Advertising Agreement. No campaign will commence without a signed AA and receipt of payment. The AA will specify the campaign details including placements, schedule, pricing, and any special conditions agreed between the parties.

3. Payment

All advertising and partnership packages are to be paid in advance of campaign commencement. All prices are quoted in USD. Any currency conversion costs incurred in making payment are the responsibility of the Advertiser. Payments will be applied at the USD equivalent on the date of receipt, not the date of invoice.

GST at the prevailing rate applies to invoices for Australian-registered businesses only. Services supplied to clients outside Australia are GST-free under Australian tax law. The computation and payment of any other taxes, duties, or government charges applicable in the Advertiser’s jurisdiction are the sole responsibility of the Advertiser.

The Publisher may suspend or cancel any campaign where payment has not been received prior to the scheduled start date.

4. Cancellation

Once commenced and/or paid, Partnership and Advertising Agreements cannot be cancelled. No refunds will be issued for campaigns that have commenced or for which payment has been received.

The Publisher reserves the right to cancel or suspend any campaign at any time in the event of a material breach of these Terms by the Advertiser, including but not limited to failure to supply compliant Ad Materials, or where Ad Materials are found to be in breach of applicable laws or the Publisher’s editorial standards. In such cases, no refund will be due.

5. Creative specifications and compliance

All Ad Materials must comply with the Publisher’s published advertising specifications, including accepted formats, file sizes, and dimensions.

Banner advertisements must comply with IAB Tech Lab Ad Portfolio standards and the Coalition for Better Ads guidelines. Animation is permitted but must not exceed 3 loops or 30 seconds (whichever is shorter), must stop on a final static frame, and must not include flashing, strobing, or rapid colour transitions. Audio must be user-initiated only.

The Advertiser warrants that all Ad Materials comply with the Australian Consumer Law (Competition and Consumer Act 2010 (Cth)), the AANA Code of Ethics, and all applicable laws, regulations, and advertising standards in the jurisdictions in which the Advertiser operates or is registered.

All Ad Materials must be delivered at least 5 business days prior to the scheduled campaign launch date. Late delivery may affect campaign delivery and impression volumes, for which the Publisher accepts no liability.

6. Ad delivery and measurement

The Publisher tracks delivery via its own ad server. The Publisher’s ad server data shall be the controlling measurement for all campaign delivery and reporting purposes.

Where the Advertiser uses a third-party ad server, and the discrepancy between the Publisher’s ad server and the Advertiser’s third-party ad server exceeds 10% over the invoicing period, the parties will make reasonable efforts to reconcile the discrepancy. In the absence of resolution, the Publisher’s ad server data will prevail.

The Publisher does not guarantee specific impression volumes, click-through rates, or campaign outcomes unless expressly stated in the AA. If delivery falls short of any contracted impressions expressly guaranteed in the AA, the Publisher may, at its sole discretion, offer extended delivery or equivalent bonus impressions in a subsequent period. No refunds will be issued for under-delivery.

7. Creative approval and editorial control

AirlineRatings.com retains full editorial control at all times. The Publisher reserves the right, at its absolute discretion and without explanation, to decline, remove, or request the revision of any Ad Materials on editorial, technical, performance, or brand safety grounds.

Content will not be communicated if AirlineRatings.com does not believe it to be valid and/or supported by evidence. Messaging that falls outside editorial guidelines may be displayed as banner advertising or marked as sponsored content.

8. Resale

Advertising placements may not be resold, sublicensed, or transferred to any third party without the Publisher’s prior written consent.

9. Intellectual property

The Advertiser warrants that it owns or has obtained all necessary licences, permissions, and consents for all content contained in its Ad Materials, including images, trademarks, music, video, and copy. The Advertiser bears sole responsibility for any intellectual property claims arising from its Ad Materials.

The Publisher grants no rights to its trademarks, logos, editorial content, safety ratings, or proprietary data without prior written consent.

10. Indemnification

The Advertiser indemnifies and holds harmless the Publisher, its directors, officers, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from or in connection with:

(a) the content or subject matter of the Advertiser’s Ad Materials;

(b) any breach of these Terms by the Advertiser;

(c) any claim that the Ad Materials infringe the intellectual property or other rights of a third party;

(d) any claim that the Ad Materials are misleading, deceptive, defamatory, or in violation of any applicable law or regulation.

The Publisher indemnifies the Advertiser against claims arising directly from the Publisher’s material breach of these Terms.

11. Limitation of liability

To the maximum extent permitted by law, the Publisher’s total aggregate liability under or in connection with any Advertising Agreement shall not exceed the total fees paid by the Advertiser under that AA.

Neither party shall be liable to the other for any indirect, consequential, incidental, special, or punitive damages, including but not limited to loss of profits, revenue, data, or anticipated savings, whether arising in contract, tort, or otherwise, even if advised of the possibility of such damages.

Nothing in these Terms excludes, restricts, or modifies any rights or remedies that cannot be excluded under applicable law, including the Australian Consumer Law.

12. Data and privacy

Both parties will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. The Publisher will not disclose the Advertiser’s confidential campaign data to third parties without the Advertiser’s consent, except as required by law.

Any data collected through advertising delivery, including through cookies, pixels, or tracking tags, will be handled in accordance with the Publisher’s published Privacy Policy, available at AirlineRatings.com.

13. Confidentiality

The terms of any Advertising Agreement, including pricing, campaign details, and commercial arrangements, are confidential. Neither party will disclose such information to any third party without the other party’s prior written consent, except as required by law, regulation, or court order.

14. Force majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms or any AA where such delay or failure arises from circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, pandemic, internet or telecommunications failures, or disruption to third-party services.

15. Governing law and jurisdiction

These Terms are governed by the laws of Western Australia, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts of appeal from those courts.

16. General provisions

(a) These Terms, together with the applicable Advertising Agreement, constitute the entire agreement between the parties and supersede all prior negotiations, representations, and agreements relating to the subject matter.

(b) No waiver of any provision of these Terms shall constitute a continuing waiver or a waiver of any other provision.

(c) If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

(d) Neither party may assign or transfer its rights or obligations under these Terms or any AA without the prior written consent of the other party.

(e) Any notice required under these Terms shall be in writing and delivered by email to the address specified in the applicable AA.

For enquiries regarding these Terms, contact: [email protected]