Truelocal additional terms and conditions for mobile website
Terms of Service for truelocal.com.au Advertisers
10.1 This clause 10.1 and the following subclauses apply to all agreements that provide Customer access to the ALS site.
The Customer agrees to be bound by the following terms and ALS may amend these terms at any time and from time to time. Amendments will become effective when posted on the ALS Site or on such later date as ALS may specify whether or not ALS gives the Customer specific notice of any particular change. The Customer should regularly review the terms.
10.2 Copyright (Maps and Map Data)
Where possible, ALS will display a map showing the location of the Customer's nominated place of business. While ALS will make reasonable efforts to ensure this map is accurate, ALS does not guarantee its accuracy.
All content and materials relating to these maps, including but not limited to, artwork & design, information and images, are the copyright of Virtual Map (Australia) Ltd. Virtual Map (Australia) Ltd licenses mapping data which is the copyright of various Federal and State Government agencies and 3rd parties including PSMA, Land Victoria, VicRoads, 2004 Department of Land Information WA, GeoScience Australia, Land and Property Information NSW, Department of Primary Industries, Water & Environment TAS and Melway Publishing Group.
Except as expressly permitted by these terms and conditions and the Customer service agreement, the Customer may not re-use, export, transmit, duplicate, or publish the map data in any way (whether electronic or on paper) without the express written permission of ALS.
10.3 Disclaimers
(a) There may be technical inaccuracies, errors, programming bugs or computer viruses in the Site where the Customer's business information is displayed, or its content. ALS and its respective contractors, employees or agents, make no representations (a) about the accuracy, completeness, currency or suitability of the information, links or other resources provided on the Site (b) that the general public's access to the Site will be uninterrupted or error-free (c) that the Site or the server/s which store and transmit data to the user is free of viruses or any other harmful components.
(b) ALS takes no responsibility for use of listings in its local search directory ("Directory") by persons engaged in mass email, spamming activities, denial of service attacks or other like activities.
(c) Except as expressly provided in these terms and conditions, ALS and their contractors, employees or agents exclude: (a) warranties whether express, implied, statutory or otherwise, relating in any way to the Directory or use of the Directory including information accessed at or via the ALS or any partner Site; and (b) liability (including for negligence) to the Customer or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss or corruption of data) arising from, or in connection with, any use of the information on, or accessed through, the Site, or any place where Customer data is displayed, for any reason whatsoever.
(d) Where any statute implies any term into the Customer's use of, or any arrangement arising out of, the use of the Directory and that statute prohibits exclusion of that term, then that term is included. However, to the extent permitted by the statute, ALS and their partners, contractors', employees' or agents' liability for any breach of such term is limited to the re-supply of the information or links or associated data.
(e) Care has been taken in compiling the Directory. However, as the Directory is compiled using information provided by Customers and a range of other sources, ALS does not warrant or represent that the Directory is free from errors or omissions, duplicate data, that the statements made by or attributed to a party are accurate or that the published address of any party is the address at which a telephone call directed to that party is answered. Please refer any inaccuracies to the attention of our Online Customer Service Centre at customerservice@truelocal.com.au
10.4 Links to 3rd Party Information and Sites
(a) The Directory contains, among other things, information provided by third parties as well as links to third party websites and/or other third party resources ("Third Party Resources").
(b) All information accessed at or via the Directory is provided 'as is' without any express or implied warranty. ALS and their contractors, employees or agents take no responsibility for the content, Third Party Resources or Internet sites that link from, or to, the Directory and any partner site displaying all or part of the Directory and associated products and services.
(c) ALS does not have a practice of monitoring or making inquiries about the content of Third Party Resources. ALS is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Resources, their content or any products or services which they offer. Content contained on Third Party Resources does not represent the views of ALS.
10.5 Directory Content
(a) The information contained in the Directory is created through various techniques including automatic techniques, with little or no human intervention. Due to the combination of human and automatic index creation and the ever-changing nature of the web, ALS does not and cannot guarantee that the information will be complete or accurate, or that the links associated with any websites will be active at the time of any search.
(b) ALS cannot and does not screen all listings included in the Directory. For these reasons, ALS does not assume any responsibility for the content of any listing included in the Directory, and will not be responsible for any errors or omissions contained in the Directory, or any unlawful, offensive or otherwise objectionable content contained in the Directory.
(c) ALS occasionally receives requests to remove listings from the Directory. ALS reserves the right to address such requests on a case-by-case basis. Such requests should be addressed to customerservice@truelocal.com.au
10.6 What the Customer is not permitted to do
The Customer will not:
(a) submit to the Directory any material which violates any intellectual property rights (including, without limitation, patents, trade marks, trade names, copyright and design rights and whether registered or unregistered) or other rights of any person in any jurisdiction in the world;
(b) submit to the Directory or, if applicable, any website linked to a listing in the Directory, any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;
(c) submit or otherwise link to the Directory or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful code;
(d) damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to ALS or do anything that compromises the security and/or stability of the Site or the Directory;
(e) use the Directory to engage in conduct (including on-line marketing practices) that is misleading or deceptive or likely to mislead or deceive;
(f) use the Directory in connection with the transmission of junk mail, spam, chain letters or to engage in other flooding techniques or mass distribution of unsolicited email;
(g) resell, rent or lease ALS' Directory as displayed on ALS' Site or any partner website or use of, or access to, ALS' Directory as displayed on ALS' Site or any partner website;
(h) without the express written permission of ALS, take the results from the Directory and reformat and display them;
(i) mirror the Directory's home page or results pages on any other website; or
(j) data mine send automated queries of any kind to the Site or the Directory without express written permission of ALS.
Customer indemnifies ALS
If a Customer signs a credit card debit authority in any agreement the Customer further indemnifies ALS and acknowledges that ALS will not be liable for any loss or damage, direct, indirect or consequential (including legal fees and other costs incurred) arising out of or in any way connected to:
(a) a breach by the Customer of the standard terms and conditions including any act, neglect or default by the Customer, its employees, licensees or clients;
(b) any successful claim by any third party against ALS in respect of any matter arising from the operation, use, transfer of data or money to and from ALS by the Customer; or
(c) the Customer's general conduct.
No Customer assignment or transfer of agreement
12.1 The Customer may not assign its rights or obligations under any agreement with ALS without the written consent of ALS.
12.2 ALS may, without requiring the Customer's consent, assign the benefit of or any of its rights under these terms and conditions.
13.1 If a dispute arises out of or relates to these standard terms and conditions, or the breach, termination, validity or subject matter of them, or as to any related claim in restitution or at law, in equity or pursuant to any statute, the parties to the specific agreement and the dispute expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre ("ACDC") and in the event that the mediation is unsuccessful to submit the dispute to expert determination.
(a) The mediation shall be conducted in accordance with the ACDC Guidelines for Commercial Mediation (Guidelines) which are operating at the time the dispute is referred to ACDC. The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved. The terms of the Guidelines are deemed incorporated into this clause.
(b) In the event that the dispute has not settled within twenty-eight (28) days after appointment of the mediator, or such other period as agreed to in writing between the parties, the dispute shall be submitted to expert determination in Sydney, New South Wales administered by ACDC conducted in accordance with the ACDC Rules for Expert Determination (Rules), which are operating at the time the dispute is referred to ACDC. The Rules set out the procedures to be adopted, the process of selection of the expert and the costs involved. The terms of the Rules are deemed incorporated into this clause.
(c) The expert shall not be the same person as the mediator.
13.2 This clause shall survive termination of the specific Customer service agreement.
14.1 The Customer authorises ALS to do certain things without reference to the Customer when the Customer enters into an agreement with ALS. For clarity, ALS will only disclose information that it holds about the Customer:
(a) to the extent specifically required by law; or
(b) for the purposes of the ALS agreement (including disclosing information in connection with any query or claim).
14.2 ALS will collect, use and disclose any personal information in accordance with ALS' privacy policy which is available for viewing at www.truelocal.com.au. The Customer acknowledges ALS' privacy policy and consents to the collection, use and disclosure of personal information in accordance with our privacy policy.
14.3 Despite this clause, ALS does not agree to withhold any information about the Customer that is already in the public domain.
If any part of these terms and conditions are unenforceable the remainder will not be affected.
16.1 Either party may terminate this agreement at any time in accordance with the procedure set out in the Customer service agreement.
16.2 If the Customer validly terminates this agreement, it must immediately pay all fees and charges outstanding and owing up to the date the termination takes effect and the Customer acknowledges that ALS may take legal action to recover fees and charges not paid in accordance with this clause and the Customer service agreement.
16.3 ALS may terminate this agreement immediately and without prior notice to the Customer if the Customer breaches any of these terms and conditions.
16.4 If ALS terminates this agreement accordingly to this clause, then, without affecting any other rights ALS may have, the Customer must immediately pay to ALS all outstanding fees and charges owing under these terms and conditions and incurred up until the date of termination.
17.1 "GST" has the meaning as defined A New Tax System (Goods and Services Tax) Act 1999. Except where noted, all prices quoted in ALS' agreements are inclusive of GST. Where the prevailing rate of GST changes, the new rate will be applied to the prices and the GST inclusive price for the service will be adjusted to account for the new prevailing rate of GST.
17.2 ALS will issue a tax invoice to the Customer in accordance with any specific terms and conditions in the Customer service agreement.
17.3 The Customer acknowledges that prices are subject to change without notice.
18.1 Introduction
ALS reserves the right to include or exclude entry to, or remove a business from the Directory and to control the content of a business entry in the Directory according to the following guidelines. ALS has the sole right to control the utilisation of all keywords, category and other material used to describe a business for all purposes relating to the Directory.
18.2 Acceptable Content:
(a) Maintaining and Improving ALS Standards ALS reserves the right to include or exclude entry to, or remove all listing and advertising information on the Directory based on ALS' legal and ethical standards. ALS may choose to refuse text, ads, or keywords containing or relating to certain products or services and to refuse or modify material intended for listing on the Directory and on any partner sites, as noted in our terms and conditions.
(b) Correct Use of Trademarks Trademarks are important business assets that can diminish in value if they are not used correctly. ALS encourages the customer to utilise trademarks correctly in accordance with IP Australia guidelines.
(c) Support Competitive Claims and Guarantees If the Customer's ad or text contains comparative language regarding competitors, support for this claim or a guarantee for this claim must be included within the same portion of text as the statement or guarantee. Example: Words like "Best", "Number 1", etc and should be followed by a supporting statement or source. Words like "Cheapest", "Fastest" etc should be followed by a performance guarantee such as "Lowest Price in town for mobile phones or we'll refund the difference".
(d) Support for Special Offers If the Customer's ad or text includes a price, special discount, or 'free' offer, it must be clearly and accurately displayed on the Customer's website within 1-2 clicks of the Customer's website's landing page or on the Customer's Business Information or listing page within the Directory.
(e) Unacceptable Phrases The Customer's ad and text must not contain universal call-to-action phrases such as "click here", "link here", "visit this business", "this listing is", or other similar phrases that could apply to any ad, listing or business, regardless of content, the type of business or its location.
(f) Adult Content The Customer's ad and/or text may only contain adult content if it is appropriate for general publication and viewing and is considered by ALS to be necessary to convey an appropriate advertising message. Ads containing adult content will be restricted to sections of the Directory that are unambiguously adult in nature. Links to external sites that contain adult content will only be accepted if the landing page of that link is free of adult content and that page includes appropriate warnings regarding the content of subsequent pages.
18.3 Unacceptable Content
ALS may refuse to include or may remove any content on the Directory that it deems to be unacceptable including content that is or has the potential to:
(a) Illegal MaterialBe illegal in nature including without limitation information encouraging conduct that would constitute a criminal offence.
(b) Intellectual Property Right Violation Violate any intellectual property rights (including, without limitation, patents, trade marks, trade names, copyright and design rights and whether registrable, registered or unregistered) or other rights of any person in any jurisdiction in the world.
(c) Offensive Language / Material / Adult Content Be defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable in any way.
(d) Deceptive or Misleading Material Be misleading or deceptive or likely to mislead or deceive.
(e) Drugs and Drug References Contain references to unapproved, banned, illicit or otherwise illegal drugs or pharmaceuticals.
(f) Gambling and Casinos Contain information that features or advertises or otherwise lists off-shore or online casinos or gambling services.
(a) Punctuation
(i) No repeated and unnecessary punctuation or symbols.
(ii) The Customer's title may not contain an exclamation point unless it is part of the Customer's branding (e.g. "Yahoo! Australia & NZ").
(iii) The Customer's ad or text may not contain any exclamation points.
(b) Capital Letters
(i) The company name will be shown in Proper Case when displayed within the Directory (e.g. "AUSTRALAIN LOCAL SEARCH").
(ii) With the exception of the company name, no excessive capitalisation such as "FREE" or "FOR A LIMITED TIME".
(iii) No capitalisation of any letter within the Customer's displayed URL is permitted.
(c) Repetition
(i) Repetition will be allowed if it is part of a place or registered business name or brand (e.g. "Wagga Wagga").
(ii) Repetition that is considered by ALS as gimmicky will not be allowed.
(d) Spelling
(i) Spelling will be Australian Standard English unless as required by the business name or address information.
(e) Grammar
(i) All content in sentence form must be a logically correct sentence or phrase.
(ii) Sentences must contain grammatically correct spacing.
(iii) Sentences must contain correct grammar.
(iv) All keyword information must be single or double words separated by a comma or equivalent character.
(f) Keeping it Concise
(i) Content must keep within the specified text limits.
(ii) Pithy and concise text provides a great user experience and ultimately contributes to the Customer's success.
(g) Text Accuracy
(i) The Customer's text and keywords must directly relate to the Customer's businesses special and regular services.
(ii) Text and links should be kept up-to-date and accurate.
18.5 Specific Keywords Reflecting the Customer's Business
Keywords must be specific and accurately reflect the Customer's business's area of specialisation and operation.
18.6 Category / Heading Allocation
(a) ALS reserves the right to decide whether, where and how a site is listed in the Directory. If ALS accepts the Customer's listing for inclusion in the Directory, ALS will consider the Customer's preferences, but reserves the right to list the Customer's site in any category or subcategory that ALS deems appropriate in its sole discretion. Once ALS accepts a site for inclusion in the Directory, it reserves the right not to include any specific keywords, comments, or annotations with the listing.
(b) ALS also reserves the right, in its sole discretion, to remove the Customer's listing from the Directory, move the listing to a different category or subcategory, and change or remove any keywords, comments, or annotations at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available on the site.
18.7 Press Release Regarding Inclusion
Any and all press releases and other public announcements related to the Customer's inclusion or possible inclusion in the Directory, including the method and timing of such announcements, must first be approved in advance by ALS in writing. ALS reserves the right to withhold approval of any public announcement in its sole discretion. No client may use the expression "ALS" or refer to "ALS" without the express written permission of ALS.
(a) Websites
(i) If the Customer's website (site) is a commercial site, the official business name must be visible to all visitors to the site.
(ii) The linked site must only be for the business against which it is listed.
(iii) The site must clearly define its purpose, products, and/or services.
(iv) The site must contain substantively unique content, as determined by ALS' editorial staff (for example, a business that submits multiple URLs to the same content is not submitting substantively unique content).
(v) If the site is applicable to a specific geographic region, the address must be visible to any visitor to that site.
(vi) The site must not contain any parts under construction.
(vii) All links on the site must work (and must link to relevant content).
(viii) The site must be in the English language (or have an English version available).
(ix) The site must support multiple browsers and capabilities (e.g., no Java-only sites).
(x) The site must be up and running 24 hours a day, 7 days a week.
(xi) The site link cannot be used for additional advertising.
(xii) The URL must be a complete address including a domain extension (e.g. ".com.au").
(b) Email Addresses
(i) The displayed email address must be that of the business against which it is listed.
(ii) The email address or link cannot be used for additional advertising.
(iii) The email address must be complete including an "@" and a domain extension (e.g. ".com.au")
(iv) The email address must work without exception at the time of inclusion and must be maintained accordingly or removed from the site.
(c) No Pop-Ups
(i) ALS is passionate and determined to maintain the user experience on its Directory and on its partner sites. Consequently, websites that open a pop-up when entering or leaving the linked website's landing page will not be included.
(d) No Dialers
(i) ALS will not link to any website that is associated with dialers in any way.
(e) No scumware
(i) ALS will not link to any website that is associated with scumware in any way.
(f) Working Back Buttons
(i) In keeping with ALS' desire to maintain and improve the user experience, ALS requires that the back-buttons on all sites linked to a listing remain functional. Sites that disable, directly or indirectly, the function of the back-button on the user's browser will not be included.
(g) Secure Servers for Collecting User Information
(i) ALS recommends that the Customer use a secure server (i.e. https://) when collecting personal information from users on the Customer's site.
(h) These editorial policy guidelines may be amended by ALS at any time without the need to give the Customer prior notification.
(i) If the Customer breaches any of these editorial policy terms, or any of these standard terms and conditions ALS reserves the right to disable any service the subject of the breach. All payments due under the specific Customer agreement will be due and payable from the date of disabling without set-off or deduction and without prejudice to any rights ALS may have in respect of the agreement or these terms and conditions.
Service of Notices
Notice under any agreement shall be deemed to be served on a party to the agreement if given by mail, facsimile or email to the latest address for service as notified in writing to ALS. If a party's current address for service changes that party must notify the other party of the change. In the case of service by mail, service shall be deemed to be effected three business days from the date of posting. In the case of facsimile service, service will be deemed to be effected on the date and time as recorded on the facsimile report and the case of email service shall be deemed to be effected on the date and time of transmission of the message by the sender if the message is not rejected. If the Customer wishes to notify ALS about anything in these terms and conditions the Customer should write to ALS at customerservice@truelocal.com.au.
Warranty
The Customer warrants it has full authority to enter into this agreement.
3.1 The Customer warrants that all the Customer material is accurate.
3.2 If any of the Customer's material changes during the term or any follow-on term the Customer must notify ALS in writing and request ALS to modify the service to account for the changes.
3.3 If ALS agrees to modify the service then ALS:
(a) may charge a further set-up fee and alter its charges to the Customer; and
(b) will notify the Customer of any adjustment in the set-up fee and charges.
3.4 ALS:
(a) takes no responsibility for the currency of any of the Customer's material; and
(b) subject to clause 9, is not liable to the Customer for any error or omission in the Customer's material.
Term
The Anniversary date of the first term begins on the date the customer's listing becomes "live". At the end of the initial term this agreement will automatically continue for successive follow-on terms unless and until it is terminated in accordance with clause 10.
5.1 The Customer must pay:
(a) the set-up fee on the first payment date and each payment date to which clause 3.3(a) applies; and
(b) the charges for the service on each payment date.
5.2 ALS will notify the Customer of any increase in the charges.
5.3 ALS will not make more than one increase of charges in each term.
5.4 The limitation in 5.3 does not apply if a Customer requests additional services.
5.5 An increase in the charges due to an increase in the GST rate will not offend clause 5.3.
5.6 The Customer must pay the subscription fee to ALS.
6.1 If the Customer does not pay the set-up fee or the charges by cheque or cash, the Customer authorises ALS to either:
(a) debit the Customer's credit card account for the set-up fee and charges; or
(b) deduct the set-up fee and charges from the suspense account when such payments are due.
6.2 The Customer may change or cancel the arrangement under a credit card debit request by notifying ALS in writing at least 14 days before the next payment date.
6.3 If the Customer cancels the credit card debit request, the Customer must, at the same time as notice is given to ALS of the cancellation, elect an approved substitute form of payment for the service, being any of the following:
(a) funds transfer into the suspense account;
(b) cheque;
(c) cash; or
(d) alternative Customer's credit card account. and must ensure sufficient funds are available to pay for the service on the next payment date.
If at any time during the initial term or follow-on term there are insufficient funds in the Customer's credit card account or the suspense account (as the case may be) to cover the set-up fee or charges when they are due, or any cheque provided by the Customer is dishonoured or reversed, the Customer is in breach of this agreement and ALS may without notice to the Customer and without affecting any other rights ALS may have
(a) terminate this agreement according to clause 10; and/or
(b) disable the service.
ALS does not warrant that the Customer's listing on the ALS Local Search Results (to which the Premium Products will be applied) will be published or continue to be published on any internet site that is not a distribution partner of in ALS during the initial term or during any follow-on term; and the Customer acknowledges that
(a) the failure of an internet site to publish or continue to publish the Customer's listing and the Premium Products will not affect the parties' rights and obligations in this agreement; and
(b) ALS is not liable to the Customer for any claim for loss or damage arising from the publication or non-publication of the Customer's listing and the Premium Products on such internet sites.
(c) ALS retains the right to change its distribution partners from time to time and gives no guarantee that the Customer's Listing will be distributed by any particular distribution partner for the entire length of the initial term or any follow-on term.
9.1 If ALS is the cause of any error or omission in the Customer's material and the Customer suffers loss or damage as a result, ALS' maximum liability to the Customer will be so much of the set-up fee and charges for the remainder of the period of the initial term or follow-on term during which the error or omission was displayed, calculated from the date of the error or omission giving rise to the suffered loss or damage.
9.2 The Customer indemnifies ALS against all actions, claims demands, costs, damages, expenses and liabilities (including legal costs on a solicitor and own client basis) relating to or arising from the performance by ALS of its obligations under this agreement, except to the extent that clause 9.1 applies.
9.3 Under no circumstances will ALS be liable for special, indirect or consequential loss or damage
This agreement may be terminated in the following ways:
(a) at any time the Customer and ALS agree;
(b) by one (1) month's written notice from either party to the other during the follow-on term;
(c) by ALS without notice if
(1) the Customer (being an individual) is declared bankrupt; or
(2) the Customer (being a corporation) is wound up or placed in liquidation; or
(3) clause 7 is invoked at which time all outstanding charges will be immediately due and payable
11.1 The parties acknowledge that the set-up fee charges are inclusive of GST and are based on a GST rate of 10%.
11.2 If the rate of GST changes, charges and any further set-up fee will simultaneously change to reflect the new GST rate, from which date the Customer will be liable to pay the changed charges and (if applicable) further set-up fee.
12.1 ALS may assign its rights under this agreement to any third party without the Customer's consent.
12.2 If ALS assigns its rights under this agreement, the Customer must sign any document reasonably required by ALS pursuant to any such assignment.
12.3 The Customer may not assign any of its rights or obligations under this agreement.
13.1 Any notice to be served under this agreement must be served personally by post, facsimile or email to the Customer at the address listed on the invoice.
13.2 Any notice to be served under this agreement must be served personally by post, facsimile or email to ALS at:
PO Box 369
North Ryde BC NSW 1670
Fax: (1800) 233 465
Email: customerservice@truelocal.com.au
Attention: General Manager
13.3 Notice served according to this clause is served at the earliest time if it is served more than once.
This agreement is governed by the laws of New South Wales.
15.1 ALS may present advertisements of businesses that also advertise in News Limited newspapers in a different position and in a different format to that of other advertisements.
15.2 This variance in presentation is solely at the discretion of ALS and advertisers may assume no right of entitlement to this based on their newspaper advertising. ALS may choose to apply this variance in presentation to some newspaper advertisers but not to others and may alter the duration of any such variance in presentation at its discretion.
In this agreement, where the context permits:
(a) "person" includes a corporation;
(b) the singular includes the plural and vice versa;
(c) a reference to one gender includes a reference to all other genders;
(d) headings to clauses are included for the sake of convenience only and do not affect the meaning of the clauses to which they relate;
(e) "month" means calendar month;
Definitions
"ALS (ALS)" means ALS Pty Ltd, each of its related body corporates and each of their officers, employees and agents.
"charges" means the charges for the service payable in advance by the Customer in accordance with the invoice sent to the customer;
"Customer" means the party on the invoice supplied;
"Customer's material" means the material supplied by the Customer to enable ALS to provide the service;
"Customer's credit card account" means the account nominated in this agreement or any substitute credit card account from which ALS is authorised under this agreement to debit the set-up fee and charges;
"follow-on term" means a period of the same length as the initial term commencing on the day after the expiry of the initial term or the preceding follow-on term, as the case may be;
"initial term" is the period described in the invoice;
payment date" means:
(a) in relation to the initial term, the date of receipt by ALS in cleared funds of the Customer's payment of the set-up fee and charges; and
(b) in relation to the follow-on term, the first day of the follow-on term being the date on which the then applicable charges and any further set-up fee are due and payable; and
"Premium Products" means those products or services listed on the invoice which enhance the Customer's listing on the ALS Local Search Results published on the internet.
"service" means such of the ALS Premium Products requested by the Customer as indicated in the invoice to be provided for / on behalf of the Customer from time to time;
"set-up fee" means (subject to clause 3.3 of this agreement) the non-refundable fee payable by the Customer to ALS to enable the service;
"standard terms and conditions" means ALS' standard terms and conditions available at www.truelocal.com.au (as varied from time to time), which together with these definitions, the invoice, attachments (if any) and the specific terms and conditions form this agreement;
"subscription fee" means the amount in the invoice that the Customer must pay in advance on account of the total fees and charges payable in the initial term and which ALS will place in the suspense account.
"suspense account" means the account operated by ALS in its own name at a financial institution nominated by ALS
(a) into which the Customer has authorises ALS to deposit the subscription fee Customer's payments ; and
(b) from which the Customer authorises ALS to withdraw all set-up fees and charges payable by the Customer under this agreement.
"Users" means users of the Website and, where appropriate, advertisers on the Website
"Website" means the website owned and operated by or on behalf of ALS which is branded as truelocal.com.au