Terms and Conditions

SAHM Group Pty Ltd Advertiser Terms and Conditions

By confirming and paying for your advertising booking with SAHM Group Pty Ltd, you agree to these Terms and Conditions.

1. Definitions
1.1 “Advertiser” refers to the party purchasing advertising services from SAHM Group Pty Ltd.
1.2 “SAHM” refers to SAHM Group Pty Ltd, trading as Stay at Home Mum, the operator of the website and its associated platforms.
1.3 “Content” means all materials submitted by the Advertiser for advertising purposes, including text, images, videos, links, and product information.
1.4 “Advertising Package” refers to the specific advertising options outlined in the SAHM Media Deck or agreed upon by the Advertiser and SAHM.
1.5 “Agreement” refers to these Terms and Conditions, which apply upon confirmation of any advertising booking.
1.6 “Business Day” means any day except a Saturday, Sunday, or public holiday in New South Wales, Australia.

2. Scope of Agreement
2.1 These Terms and Conditions apply to all advertising services provided by SAHM, including, but not limited to, content publishing, social media promotions, and product placements as outlined in the SAHM Media Deck.
2.2 The Advertiser acknowledges that by confirming and paying for an advertising package, they agree to be bound by this Agreement.

3. General Terms
3.1 SAHM reserves the right to accept or reject any advertising booking at its sole discretion.
3.2 Advertising work will not commence until payment is received in full, as outlined in Section 5.
3.3 SAHM reserves the right to modify, update, or remove advertising content after twelve (12) months to maintain relevance, address broken links, or update outdated materials.
3.4 SAHM reserves the right to terminate this Agreement immediately if the Advertiser engages in actions, business practices, or public communications that harm SAHM’s reputation or brand integrity.

4. Advertiser Obligations
4.1 The Advertiser warrants that all content provided:
a) Is accurate, lawful, and not misleading;
b) Does not infringe upon the intellectual property rights of any third party;
c) Complies with Australian Consumer Law, privacy laws, and other applicable regulations;
d) Is free of malware, viruses, or harmful code.
4.2 The Advertiser must provide all necessary materials, including text, images, and links, no less than five (5) Business Days before the agreed publishing date unless otherwise agreed.
4.3 The Advertiser is responsible for obtaining all necessary permissions, licences, and consents for the content provided to SAHM.
4.4 SAHM reserves the right to audit or review advertiser-provided content at any time to confirm compliance with applicable laws, regulations, and SAHM’s internal guidelines. Any non-compliant content may be removed or edited at SAHM’s discretion.
4.5 If submitted content or assets do not meet SAHM’s quality standards, SAHM reserves the right to request the Advertiser to amend or resubmit the content to align with the required standards. Any delays caused by such amendments will not alter payment terms or publishing schedules.
4.6 The Advertiser warrants that all claims made in their submitted content are accurate, verifiable, and comply with applicable advertising laws. SAHM disclaims all liability for damages caused by reliance on inaccurate or misleading content provided by the Advertiser.

5. Payment Terms
5.1 All invoices must be paid in full before any advertising work commences.
5.2 Payment can be made via credit card or other methods as outlined on the invoice. A credit card processing fee of 1.75% applies to all card payments.
5.3 Advertising bookings are non-refundable once confirmed. Refunds are not applicable for dissatisfaction with subjective performance metrics, such as clicks, views, or engagement rates, as these can vary based on external factors beyond SAHM’s control.
5.4 Late payments may incur an additional fee of 5% of the invoice total for every 14-day period overdue. Any invoice not paid within 30 days of the due date will incur interest at a rate of 2% per month (24% per annum) until paid in full.
5.5 The Advertiser acknowledges and agrees that payment for advertising services is final and non-refundable, as outlined in Section 5.3.
5.6 If the Advertiser initiates a chargeback or payment reversal after SAHM has fulfilled the agreed-upon advertising services, SAHM will:
a) Treat such actions as a breach of this Agreement;
b) Dispute the chargeback with the payment processor, providing evidence of the Advertiser’s acceptance of these terms and delivery of services;
c) Take legal action to recover the disputed amount, including associated costs and fees.
5.7 The Advertiser acknowledges that initiating a chargeback for services delivered in accordance with this Agreement is considered fraudulent behaviour and may result in the following actions by SAHM:
a) Immediate termination of any ongoing or future advertising services;
b) Blacklisting the Advertiser from future advertising opportunities;
c) Reporting the Advertiser’s details to relevant credit reporting services, which may impact their credit rating.
5.8 In the event of dissatisfaction with advertising performance, the Advertiser agrees to communicate their concerns directly with SAHM to seek resolution in good faith, rather than initiating a chargeback or payment reversal.
5.9 SAHM reserves the right to disclose the Advertiser’s breach of this Agreement to credit reporting bodies or other relevant authorities if payment disputes or chargebacks are found to be fraudulent.
5.10 Upon termination of this Agreement, SAHM reserves the right to remove any Advertiser content from its platforms at its sole discretion. The Advertiser will not be entitled to a refund for any removed content.

6. Prohibited Content
6.1 SAHM does not allow the following types of content:
a) Gambling or casino-related content;
b) Content that is sexist, racist, discriminatory, or promotes fat-shaming;
c) MLM-related or pyramid scheme content;
d) Content that misleads, misinforms, or is deceptive in nature;
e) Any material deemed inappropriate or harmful to SAHM’s reputation and audience.
6.2 The Advertiser is wholly responsible for ensuring that all content provided complies with relevant laws, regulations, and SAHM’s internal guidelines. The Advertiser indemnifies SAHM against any penalties, legal actions, or costs incurred as a result of non-compliant content, including costs associated with dispute resolution or defending legal claims.

7. Performance Disclaimer
7.1 SAHM does not guarantee specific outcomes, such as traffic, leads, sales, or conversions, from any advertising package.
7.2 The Advertiser acknowledges that advertising performance may vary due to factors outside SAHM’s control, including changes to social media algorithms, audience behaviour, or technical issues.
7.3 Campaign performance data provided by SAHM will be derived from its internal systems. The Advertiser agrees that such data will be deemed accurate unless the Advertiser provides verifiable evidence of error within seven (7) days of receiving the data.

8. Intellectual Property
8.1 The Advertiser retains ownership of the content they provide, but grants SAHM a royalty-free, worldwide, non-exclusive licence to use, publish, and distribute the content as part of the agreed advertising services.
8.2 Any content created or modified by SAHM (e.g., article edits or design enhancements) becomes the intellectual property of SAHM, and the Advertiser may not reproduce or repurpose such content without prior written consent.

9. Liability and Indemnity
9.1 SAHM is not liable for any direct, indirect, or consequential losses resulting from errors, omissions, or delays in the publishing of content.
9.2 The Advertiser indemnifies SAHM against all claims, damages, or expenses arising from:
a) The Advertiser’s breach of this Agreement;
b) The publication of content provided by the Advertiser;
c) Any infringement of third-party rights caused by the Advertiser’s content;
d) Penalties or legal actions arising from non-compliant content provided by the Advertiser.

10. Confidentiality
10.1 Both parties agree to keep all sensitive business, financial, and campaign-related information confidential and not disclose it to any third party without prior written consent, except as required by law.
10.2 The Advertiser agrees not to share, sell, or disclose any data provided by SAHM, including performance metrics, without prior written consent. Breach of this clause may result in immediate termination of the Agreement.

11. Force Majeure
11.1 SAHM shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, power outages, changes to social media algorithms, or technical disruptions.
11.2 In the event of force majeure, SAHM will notify the Advertiser as soon as practicable and make reasonable efforts to resume services.

12. Dispute Resolution
12.1 If a dispute arises in relation to this Agreement, both parties agree to follow this process:
a) Notification: The aggrieved party must notify the other in writing, clearly outlining the nature of the dispute and proposed resolution.
b) Good Faith Negotiation: Both parties will meet (virtually or in person) within ten (10) Business Days of notification to resolve the issue in good faith.
c) Mediation: If the dispute is unresolved within thirty (30) Business Days, either party may refer the matter to mediation through the Australian Commercial Disputes Centre (ACDC). Mediation costs will be shared equally between the parties.
d) Legal Proceedings: If mediation fails, either party may commence legal proceedings. The parties agree that the courts of New South Wales will have exclusive jurisdiction.
12.2 Both parties agree to continue performing their obligations under this Agreement during the dispute resolution process, except where such performance is impossible due to the nature of the dispute.

13. Termination
13.1 Either party may terminate this Agreement with immediate effect if the other party breaches a material term and fails to remedy it within seven (7) Business Days of written notice.
13.2 Upon termination, any content scheduled for publishing may be cancelled, and payments already made will not be refunded.

14. Currency and GST
14.1 All prices stated in this Agreement, the SAHM Media Deck, or any associated invoices are in Australian Dollars (AUD).
14.2 Where applicable, prices are inclusive or exclusive of the Goods and Services Tax (GST) as clearly indicated.
14.3 The Advertiser agrees to pay any applicable GST in addition to the quoted fees unless otherwise specified.

15. Enforcement Costs
15.1 The Advertiser agrees to reimburse SAHM for all reasonable costs incurred in enforcing this Agreement, including but not limited to legal fees, mediation costs, and fees associated with recovering unpaid amounts.

16. Miscellaneous
16.1 Changes to this Agreement must be made in writing and agreed upon by both parties.
16.2 This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, understandings, or agreements.

17. Severability
17.1 If any provision of this Agreement is found to be invalid, unenforceable, or illegal for any reason, the remaining provisions will continue in full force and effect.

18. Non-Exclusivity
18.1 The Advertiser acknowledges that this Agreement does not grant them exclusivity over advertising on SAHM’s platforms. SAHM reserves the right to enter into agreements with other advertisers, including competitors.

19. Conflicts of Interest
19.1 SAHM reserves the right to refuse advertising from competitors, entities, or individuals whose content, products, or services conflict with SAHM’s interests, brand values, or guidelines.

20. Compliance with Australian Consumer Law
20.1 Both parties agree to comply with all applicable Australian laws, including but not limited to the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

By confirming and paying for your advertising booking with SAHM Group Pty Ltd, you agree to these Terms and Conditions.