THE GENERAL TERMS AND CONDITIONS BELOW, TOGETHER WITH THE ADVERTISING INFORMATION ON (link) FORM THE AGREEMENT BETWEEN THE ADVERTISER AND HYE HOKI INCORPRATED A.B.N 25 332 696 022.

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Part B: General terms and Conditions

This Advertising Agreement (hereafter referred to as “Agreement”) is a contract between the Advertiser and Hye Hoki Incorporated A.B.N 25 332 696 022 (hereafter referred to as “Hye Hoki”), for the placement of Advertiser’s advertisement(s) on Hye Hoki’s Website and/or Newsletter. All contracts are approved and accepted in the jurisdiction of New South Wales, Australia. By signing “I have read and agree to the terms”  of this Agreement, and for good and sufficient consideration, receipt of which is hereby acknowledged, Advertiser makes the following warranties and representations to Hye Hoki and its licensors, licensees, successors and assigns and agrees to be strictly bound by the following general terms and provisions.

1) Advertiser’s Assurance.

Advertiser hereby represents and warrants that Advertiser
(a) is 18 years of age or older;
(b) has read, understood, and agrees to be bound by all terms of this Agreement, front and back; and
(c) owns, controls and is duly authorized to grant the rights and permissions which are granted below.

2) Content and design.

A) Advertiser hereby grants to Hye Hoki a license to print, copy, distribute, publicly display, and modify any Copy submitted to Hye Hoki by Advertiser. Advertiser further grants to Hye Hoki a license to print, copy, and modify the computer code imbedded in the Copy.

B) If the Advertiser does not have a design or layout for advertisement, then at the advertiser’s request, Hye Hoki shall design the advertisement for an additional fee, and all designs created by Hye Hoki shall remain the property of Hye Hoki and its licensors, licensees, successors and assigns, and therefore be used as Hye Hoki sees fit.

C) Advertiser hereby warrants and represents that all words, images, sounds and/or other matter provided by Advertiser for use in connection with Advertiser’s advertisements on the Website (“Advertiser Content”) are owned wholly and solely by Advertiser, are lawful, accurate and authentic, depict the name (whether given or assumed), image, likeness, voice, signature, personality or other characteristics of Advertiser only and no other person, and may be freely used without risk of liability for any purpose contemplated under this Agreement, including but not limited to liability for obscenity, defamation, invasion of privacy, infringement of copyright, trademark, or right of publicity, or otherwise.

D) Hye Hoki reserves the rights to reject, alter, or refuse any Copy in its sole discretion or disapprove any Copy in accordance with any rules Hye Hoki may now have, or may adopt in the future concerning the acceptance of advertising matter. No change in the Copy shall be made without Advertisers prior consent, except as otherwise provided in Section 2E below.

E) Any copy resembling news matter, or advertisements in cartoon technique or comic strip form must carry the word Advertisement over the advertisement. If Advertiser submits a Copy not in conformity with this requirement, Hye Hoki may either refuse to print such Copy or designate Advertisement above the Copy in the Website or Newsletter without Advertisers prior approval. Hye Hoki may, at its sole discretion and without liability to Advertiser, change or relocate advertisements to another position in the website without Advertisers approval.

F) Subject to the provisions contained in Section 5C. below, Hye Hoki may omit any advertisement when the space allotted to advertising in a particular issue has been filled, and may limit the amount of space the Advertiser may use in any issue.

G) Notwithstanding any other provision in this Agreement, any specification or order for the use or non-use of any particular page, or relating to the type of news or advertising on the page where the advertisement is to be inserted, shall not be binding on Hye Hoki. If Hye Hoki grants the request for position, the Advertiser shall pay all additional charges which are applicable by reason of the terms of this Agreement.

3) Advertising Guidelines

Advertiser represents, warrants, acknowledges and agrees as follows:
(a) Hye Hoki do not engage in, or provide advertising for any illegal activities of any kind, including but not limited to solicitation of prostitution and/or prostitution;
(b) Hye Hoki shall enjoy the right to rescind this Agreement and remove Advertiser’s advertising from the Website without refund or further obligation in the event that Hye Hoki determines that Advertiser is in breach of any term of this Agreement or the General Hye Hoki Guidelines , including but not limited to a determination that Advertiser has used the advertising in connection with any illegal activities of any kind.

4) Termination:

A) Hye Hoki may terminate this Agreement immediately without prior notice in the event Advertiser breaches any terms or conditions hereof.

B) Advertiser may terminate this agreement in the event of Hye Hoki fails to publish Advertisers advertisements which complies with Hye Hoki policies for more than four consecutive weeks.

C) Either party may termination this agreement, with or without cause, upon 30 days written notice of termination to the other.

5) Limitation of Liability and Remedies

A) Hye Hoki shall not be liable for any errors in any advertisement published in the Website or Newsletter. Advertisers sole remedy for errors in advertisement is to require Hye Hoki to correct the error within Fourteen (14) days of receiving notice of the error from Advertiser.

B) In the event Hye Hoki terminates this Agreement for Advertisers breach pursuant to Section 4A, or Advertiser terminates this Agreement without cause pursuant to Section 4C, Hye Hoki shall not be required to refund advertising fees which correspond to advertisement not published due to such early termination. In the event Advertiser terminates this Agreement for Hye Hoki breach pursuant to Section 4B, or Hye Hoki terminates this agreement without cause pursuant to Section 4C, Hye Hoki shall refund to Advertiser that portion of the prepaid advertising fees which correspond to advertisement not published due to such early termination.

C) Hye Hoki’s failure to insert any advertisement in the Website for four weeks or less shall be deemed immaterial, and shall not be considered a breach of this Agreement. Hye Hoki shall not be liable for damages for any failure to insert an advertisement. If a Copy is submitted in accordance with the provisions of this Agreement and that Copy is omitted from any WebPages for more than four weeks, Advertisers sole remedy shall be to require Hye Hoki to publish the identical advertisement or an advertisement of the same size as within Fourteen (14) days, or in the case of the Newsletter, in the next issue of the same.

D) The Advertiser assumes full and complete responsibility and liability for the content of all Copies submitted, printed, and published pursuant to this Agreement, and shall indemnify and hold Hye Hoki harmless from and against all demands, claims, or liability, related to such content of Copies, or related to any allegation that the amount paid by Hye Hoki in settlement of claims or in satisfaction of judgements obtained by reason of publication of such advertising copy together with all expenses incurred in connection therewith, including, but not limited to, attorneys fees and costs.

E) In no event shall Hye Hoki be liable for any damages caused by downtime of any WebPages, or for any delays or changes in publication times of the any newsletter. In no event shall Hye Hoki be liable for any incidental or consequential damages.

6) Advertising Policies.

All contracts and advertising subscriptions are deemed as transacted in the State of New South Wales, Australia. Advertiser acknowledges and agrees as follows: Hye Hoki enjoys the right to decline or remove Advertiser’s advertisement(s), or any portion thereof, from the Website if, in the sole discretion of Hye Hoki, Advertiser’s advertisement(s) is in violation of the Hye Hoki Advertising Guidelines or is deemed otherwise inappropriate.

7) Arbitration.

If any dispute shall arise between the Advertiser and Hye Hoki regarding any aspect of this Agreement, such disputes shall be referred to a single arbitrator agreed upon by the Parties and in default of agreement two arbitrators one to be appointed by each party to the conference in accordance with the provisions of the Arbitration Act or any comparable legislation in force at the time of reference.

8) Interpretation

A) Headings are inserted for guidance only and do not form part of the context of this Deed.

B) In the interpretation of this Agreement the singular includes the plural and vice versa, the masculine and neuter genders include each other gender; and person includes a corporation.

C) This Agreement is governed by the law of New South Wales, Australia. Each party submits to the jurisdiction of the Courts of New South Wales and acknowledge New South Wales as the proper Law of this agreement.

D) Where any act, matter or thing is required by the Agreement to be performed on or by a certain day and that day is not a Business Day then that act, matter or thing must be performed on or by the next following Business Day.

9) General

A) Each party to this Agreement shall do, sign and execute all deeds, schedules, acts, documents and things as may be reasonably required by any other party effectively to carry out the terms and intentions of this Agreement whether before or after completion.

B) No modification or variation to the terms and provisions of this Agreement shall be or become effective except in writing executed by all the parties hereto.

C) Provisions of this Agreement which are not being performed on Completion shall not merge, upon or by virtue of Completion.

D) The Parties hereby agree that this Agreement shall henceforth be binding on all parties and on their successors and assigns.

E) References to a person or entity include the legal personal representatives, successors and assigns of that person.

F) This Agreement:
(a) may be signed and exchanged by counterpart;
(b) a facsimiled executed copy of this Agreement may be exchanged;
(c) any party exchanging this Agreement in accordance with sub-clause b must deliver the original executed version of this deed to the opposing party;
(d) Delivery of this Agreement may be effected by the parties’ legal advisers.

G) This Agreement may be executed in any number of counterparts each of which will be an original but such counterparts together will constitute one and the same instrument and the date of the Agreement will be the date on which it is executed by the last party.

H) All notices and other communications, including payments required by this Agreement to be given shall be in writing and signed by the party giving the notice or by a director or the secretary of that party if a corporation, and may be given by pre-paid mail addressed to the party to be served at the address shown herein of that party or be delivery by hand to that address and in the former case shall be deemed to be delivered on the third day following the day on which the notice was posted.

I) If any of the provisions of this agreement is held invalid, such invalidity is not to affect the other provisions of this agreement, which can be given effect without the invalid provisions and, to this end, the provisions of this agreement are intended to be and are to be deemed severable.

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Picture agreement

For and in consideration of my advertising with Hye Hoki, I hereby grant you, your assigns, licensees and legal representatives, and their assigns and licensees, including, without limitation, those for whom you are acting, and those acting with your authority and permission, the absolute and irrevocable right and permission to copyright and use, all photographs of me or in which I may be included, whether in whole or in part, through my mutual consent. This grant shall also include the right to change and alter, from time to time, all such photographs, for the purpose of advertising both in print and on the Internet.

I hereby warrant and represent that I am of full age, 18 years or older, and have every right to contract in my own name with respect to the above. I hereby also warrant and represent that the pictures are that of myself and at the time of the picture I was fully over the age of 18 years, and had every right to contract in my own name with respect to the above.

I further represent that I have read this release and the terms thereof, prior to its execution and that I am fully familiar with the contents thereof.