A PDF version of these terms is available here

1. Acceptance of Advertisement
   1. Even if the "Insertion Order" is accepted, CogentAds or the intended Publisher reserves the right to refuse or withdraw from publication any Advertising at any time without giving reasons (even if the Advertising has been previously published by CogentAds)
   2. CogentAds is not responsible for errors or omissions in any advertising materials provided by or on behalf of the advertiser.
   3. Should CogentAds fail to display the advertisement for any reason apart from the advertiser′s noncompliance with any requirement of the Insertion Order or these Terms & Conditions, CogentAds will credit or refund to the advertiser or their representative (at CogentAds′s discretion) an appropriate prorated amount, which will be the advertiser or their representative′s sole remedy.
2. Advertising Submission
   1. The advertiser or their representative must submit creative materials and a click through URL to CogentAds at least 3 working days (5 working days for non–gif material) before the scheduled date of publication. CogentAds will use its best effort to ensure all booked activity is run in full.
   2. If a campaign is booked with less than 5 working days until the start date or If creative is late, CogentAds does not guarantee that the campaign will be published in less than 5 working days from the date the creative is received, however CogentAds will use commercially reasonable endeavors to commence the campaign as soon as possible. At CogentAds′s sole discretion an estimated percentage of the booked campaign that has not run due to the receipt of late creative will be calculated and will be cancelled from the booking. In that instance, CogentAds will invoice for the full original booked campaign amount.
   3. The Advertiser or their representative, recognize that it is their sole responsibility to ensure proofing of advertising material supplied to CogentAds for all advertising placements.
   4. CogentAds does not accept responsibility for any error in advertising materials received from the Advertiser or their representative or any other third parties.
   5. CogentAds does not accept responsibility for any errors in advertising materials supplied over the phone.
   6. CogentAds reserves the right to the modify creative material supplied within reason if:
      1. An error(s) exist in the content or dimensions of the creative material
      2. The creative material does not comply with the guidelines lines supplied by CogentAds
   7. CogentAds will measure advertising (including impressions delivered and clicks received) through its own advertising systems. Results from the Advertiser or their representative will not be accepted for the purposes of CogentAds billing and advertising assessment.
   8. The Advertiser or their representative warrants to CogentAds that the Advertising does not breach or infringe:
      1. The Trade Practice Act(Ath), Fair Trading Act (State) or equivalent legislation;
      2. Any copyright, trade mark, obligation of confidentiality or other personal or proprietary right;
      3. Any law of defamation, obscenity or contempt of any court, tribunal or royal commission;
      4. State or Commonwealth antidiscrimination legislation;
      5. The Privacy Act (Cth); or
      6. Any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory).
3. Payment & Billing
   1. All fees payable by the Advertiser or their representative will be invoiced monthly in advance (unless otherwise agreed in writing) and must be paid within 30 days of the date of CogentAds′ invoice. CogentAds may also render a final invoice after the campaign has been finalized for any money outstanding.
   2. New advertisers or their representatives are required to pay up–front for their first campaign or the first 30 days of an ongoing campaign before advertising activity can commence.
   3. CogentAds currently invoices monthly but reserves the right to alter the frequency of invoices or to render an interim invoice. CogentAds may allocate monies received against invoices.
   4. Credit terms will only be extended to advertisers or their representatives that have an approved credit application.
   5. Third party ad serving will be accepted however the CogentAds ad serving system will be used for all billing purposes.
   6. All invoices and transactions are completed in Australian dollar amounts ($AUD).
4. Overdue Payments
   1. Where any payment owing to CogentAds by the Advertiser or their representative is overdue, CogentAds may remove and suspend the placement of the advertisement that is the subject of the Insertion Order, or elect to treat the failure to pay as a repudiation of these Terms & Conditions.
   2. CogentAds reserves the right to charge interest on any overdue amount at the annual rate equal to 2% above the rate notified by CogentAds′ bank from time to time as its indicator lending rate on bank overdrafts over $100,000.
5. Cancellation
   1. The Advertiser or their representative may cancel the placement of an advertisement by written notice to CogentAds at least 14 days prior to the commencement of the campaign, incurring no cancellation fee. If the Advertiser or their representative fails to give CogentAds at least 14 days written notice they will be liable for a cancellation fee equal to the cost of the first month of the campaign.
   2. The Advertiser or their representative may cancel an advertising campaign after the commencement date by the provision of 30 days written notice to CogentAds. In the event the advertiser provides adequate notice they are only liable for accumulated campaign fees incurred up to the end of the written notice period.
6. Advertisers′ Obligations
   1. The Advertiser or their representative warrants that it is authorized to make available the entire content and subject matter of the advertisement.
   2. The Advertiser or their representative must not place an advertisement that is in breach of CogentAds′s Acceptable Use Policy. A hard copy of this Policy is available upon request.
   3. The advertiser acknowledges that:
      1. It must comply with the standard practices and policies of CogentAds that are notified to it from time to time;
      2. Unless expressly agreed to by the parties, CogentAds will have no obligation to provide any creative design;
      3. CogentAds controls the insertion of advertisements on all the web sites it represents;
      4. CogentAds does not guarantee any minimum number of impressions, but will only charge in accordance with the Insertion Order;
      5. Systems or technological failure may impede or prevent access to all or any part of the advertisement from time to time and transmission of data over the Internet can be subject to errors and delays;
      6. Subject to clause 8, CogentAds is not liable for any loss, damages or liabilities arising from failure of the Internet or any other telecommunication structure.
      7. CogentAds reserves the right to redesign or modify the organization, structure, "look and feel" and other elements of the web sites it represents and services at its sole discretion at any time without prior notice;
      8. In the event such modifications affect placement of the advertisement, CogentAds will notify the Advertiser or their representative and will work with the Advertiser or their representative to display the advertisement in a comparable location and manner that is reasonably satisfactory to the Advertiser or their representative;
      9. CogentAds will provide usage data related to the advertisement in substance and form as determined by CogentAds. The Advertiser or their representative must not distribute or disclose usage information to any third party without CogentAds′s prior written consent. CogentAds makes no guarantees regarding the accuracy, reliability or completeness of any usage information provided to the Advertiser or their representative.
7. Termination, Suspension and Non–Availability
   1. Without limiting its other rights, CogentAds may, upon notice to the Advertiser or their representative also immediately remove and suspend the placement of an advertisement or terminate these Terms & Conditions without liability if:
      1. The Advertiser or their representative enters into bankruptcy, liquidation, administration, receivership, a composition or arrangement with its creditors, has a receiver or manager appointed over all or any part of its assets or becomes or is deemed to become insolvent; or
      2. The Advertiser or their representative dies, or if a partnership is dissolved or an application to dissolve the partnership is filed, or if a company is wound up or an application for the company′s winding up is filed.
      3. The site owner or manager deems the advertisers creative unsuitable or detracts from the user experience.
   2. Either party may terminate these Terms & Conditions where the other party is in breach of these Terms & Conditions by providing 14 days written notice to the other party.
   3. The Advertiser or their representative must pay all outstanding amounts to CogentAds within 7 days of termination of these Terms & Conditions.
8. Limitation of Liability
   1. This clause does not exclude or limit the application of any statute where to do so would:
      1. Contravene that statute; or
      2. Cause any part of these Terms & Conditions to be void.
   2. Subject to 6.i, and as otherwise expressly set out in these Terms and Conditions, CogentAds excludes all conditions and warranties regarding the services to be provided by CogentAds the subject of these Terms & Conditions.
   3. Except in relation to liability for personal injury (including sickness and death) CogentAds′s liability to advertisers or their representatives for:
      1. Breach of any express provision of these Terms & Conditions;
      2. Breach of any implied condition or warranty; or
      3. Any loss or damage (including consequential loss or damage) which may be suffered, incurred or arise under these Terms & Conditions is limited, at CogentAds′s option, to:
      4. Refunding the price of the services in respect of which the breach occurred; or
      5. Providing those services again.
   4. CogentAds specifically disclaims any warranty or representation regarding:
      1. The number of persons who will access or "click-through" the advertisement;
      2. Any benefit the advertiser might obtain from including the advertisement within the CogentAds service; and
      3. The functionality, performance or operation of the CogentAds service with respect to the advertisement.
9. Indemnity
   1. The Advertiser or their representative shall at all times indemnify and hold harmless CogentAds, its servants and agents both jointly and severally from and against any loss, expense, including reasonable legal costs and expenses, or liability reasonably incurred or suffered by CogentAds, its servants and agents arising from any claim or proceedings brought by a third party in relation to an advertisement.
   2. Without limiting the generality of the above clause, the Advertiser or their representative hereby agrees to indemnify, defend and hold harmless CogentAds, its servants and agents from and against all claims, actions, liabilities, losses, expenses, damages:
      1. As a result of a breach of our Acceptable Use Policy;
      2. Arising out of any material breach by the advertiser of any duty, representation or warranty under these Terms & Conditions; or
      3. Relating to any contaminated file, virus, work or Trojan horse originating from the Advertiser or their representative′s advertisement or any linked areas.
   3. The Advertiser or their representative will notify CogentAds promptly of any claim, action or demand for which indemnity is claimed and will cooperate reasonably with the other party at the other party′s expense. The Advertiser or their representative will have the right to participate in any defense of a claim and/or be represented by counsel of it′s own choosing at it′s own expense.
   4. This clause will survive the completion, expiration, termination or cancellation of these Terms & Conditions.
10. Set–Off
    1. CogentAds may set–off monies received against any unpaid charges or fees under this or other contracts with the Advertiser or their representative.
11. Force Majure
    1. Without limiting these Terms & Conditions, CogentAds will not be liable for any delay in performance or breach of these Terms & Conditions which arises as a result of any matter beyond CogentAds′ control.
12. General
    1. No delay or failure by CogentAds to enforce any provision of these Terms & Conditions will be deemed to be a waiver, create a precedent or prejudice CogentAds′s rights.
    2. A notice may be sent by e–mail, prepaid post or facsimile to the advertiser′s last known address as set out in the Insertion Order.
    3. The advertiser must not assign the Insertion Order without CogentAds′s written consent.
    4. The parties to these Terms & Conditions are independent contractors. Neither party is an agent, representative or partner of the other party.
    5. These Terms & Conditions (together with any documents referred to in them or provided by CogentAds at the same time as these Terms & Conditions) comprises the entire Terms and Conditions. It supersedes all prior understandings, agreements or representations.
    6. These Terms & Conditions are governed by the law of New South Wales, Australia. The advertiser submits to the nonexclusive jurisdiction of the New South Wales, Australia, Courts.

A PDF version of these terms is available here