Advertising Services Agreement
Between Radio Ads (the provider) and the Client. Sample terms for this campaign.
This Advertising Services Agreement ("Agreement") is made between Radio Ads (ABN [ABN]) of [Address] ("Radio Ads", "we", "us"); and [Client Name] (ABN [ABN]) of [Address] ("the Client", "You").
Schedule — service & payment particulars
| Services Fee | A$[amount] (ex GST) per campaign / month |
| Service Period | [number] months from the date of signature |
| Payment Due | On signature, and the 1st of each month thereafter |
| Client Contact | [Contact Name] · [email] |
| Cancellation | After the initial period, [number] days' written notice |
1.Introduction
These terms explain Radio Ads' obligations as a service provider and Your obligations as a paying client. They form the basis on which the Services are provided and constitute a legally binding agreement. They apply from the time Radio Ads provides access to the Services and govern Your initial engagement and any future changes to it. By engaging the Services You confirm You have read and understood these terms and have authority to accept them on behalf of any entity for which You use the Services.
2.Definitions
Confidential Information means all information exchanged between the parties, excluding information that is or becomes public other than by unauthorised disclosure. Client Materials means content, data, branding, copy and audio supplied by You. Deliverables means the advertising creative, campaigns, schedules and reports produced by Radio Ads. Services means the advertising and media services provided by Radio Ads, including strategy, creative, media placement and reporting. Services Fee means the fee payable per the Schedule. Service Period means the period set out in the Schedule.
3.Changes to terms or services
These terms and the Services may evolve over time. Radio Ads may change the terms on notice to You by email. If You object to a change, Your sole remedy is to terminate the Service Period and receive a refund of any Services Fees pre-paid for the terminated portion.
4.Use of the services
Radio Ads grants You a non-exclusive, non-transferable, limited and revocable licence to access the Services and Deliverables. You are responsible for ensuring anyone You authorise uses them in accordance with these terms. Use may be subject to limits including campaign volumes, media-spend caps and scope of work.
5.Payment terms
You are billed at the start of each billing period and periods renew automatically until terminated. You must pay each invoice by its due date. You are responsible for all taxes and duties (including GST) in addition to the Services Fee. If an invoice is unpaid, Radio Ads will notify You; if it remains unpaid 14 days after notice, Radio Ads may suspend the Services, and a late-payment penalty of 10% of the overdue amount may apply. You are responsible for keeping Your billing details current.
6.Your obligations
You must use the Services and Deliverables only for lawful business purposes and not attempt to undermine the security of any systems, misuse the Services, or reverse engineer any software used to deliver them. You warrant You hold all rights and consents necessary for Radio Ads to use the Client Materials, and that they comply with all applicable advertising-standards, data and privacy laws. You indemnify Radio Ads against claims arising from Your breach or Your supply of Client Materials.
7.Confidentiality and privacy
Each party will preserve the confidentiality of the other's Confidential Information and use it only as contemplated by these terms, except where it is public, lawfully received from a third party, already held without restriction, or independently developed. These obligations survive termination. Radio Ads handles personal data in accordance with its Privacy Policy, which forms part of these terms.
8.Intellectual property
All Intellectual Property Rights in the Services, tools and methodologies remain Radio Ads' property. On full payment, Radio Ads grants You a licence to use the Deliverables for Your business purposes. Title to the Client Materials remains Yours; You grant Radio Ads a licence to use them to provide the Services, including allowing third-party media platforms to access them as needed for placement and delivery.
9.Warranties and acknowledgements
You are responsible for determining the Services meet Your needs and for complying with all applicable laws. You acknowledge third-party systems can be unpredictable and the Services may be temporarily unavailable for maintenance or causes beyond Radio Ads' reasonable control. The Services are provided "as is" and all implied warranties are excluded so far as permitted by law. Radio Ads makes reasonable efforts to deliver the Services in a professional manner.
10.Limitation of liability
To the maximum extent permitted by law, Radio Ads excludes liability for any loss (including loss of data, profits or savings) arising from use of, or reliance on, the Services or Deliverables. Any liability is limited, per incident or series of connected incidents, to the Services Fees paid by You in the previous 12 months. Your sole and exclusive remedy if dissatisfied is to terminate under clause 11.
11.Term and termination
These terms continue for the Service Period and renew for further equal periods unless terminated. Radio Ads will give at least 30 days' notice of termination; You must give written notice per the Schedule and remain liable for Services Fees pro-rata to the termination date. On material breach not remedied within 14 days, Radio Ads may suspend or terminate the Services. Clauses 5, 7, 8, 9, 10, 11, 13 and 14 survive termination.
12.Support and service delivery
Radio Ads provides reasonable support during the Service Period, subject to all Services Fees being paid. The Services are delivered with reasonable skill and care; timelines are estimates and may be affected by Your provision of Client Materials, approvals and third-party media availability.
13.Feedback and dispute resolution
If a dispute arises, the party claiming it must notify the other in writing and the parties will attempt to resolve it by good-faith negotiation. If unresolved within 30 days, either party may refer it to non-binding mediation (mediator agreed between the parties, or appointed by the President of the Law Society of New South Wales) before commencing legal proceedings.
14.General
These terms, the Schedule and the Privacy Policy are the entire agreement between the parties. Neither party is liable for delays caused by events outside its reasonable control (other than payment obligations). You may not assign these terms without consent. Radio Ads may identify You by name and logo as a client. These terms are governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of its courts. If any provision is invalid, the remainder stays in force.
For Radio Ads
Name
Signature
Date
For [Client Name]
Name
Signature
Date
Sample agreement for demonstration only, not a binding offer. Bracketed items are placeholders. This is not legal advice.