Iconic Dual Digital Billboards in Brisbane's Fortitude Valley.


1.1 “Seller” shall mean Gipps Outdoor (ABN 28 929 697 140) and its successors and assignees.

1.2 “Customer” shall mean the Customer or any person acting on behalf of and with the authority of the Customer on a principal debtor basis.

1.3 “Guarantor” means that person (or persons), or entity who agrees herein to be liable for the debts of the Customer on a principal debtor basis.

1.4 “Services” shall mean all services supplied by the Seller to the Customer and includes any advice or recommendations.

1.5 “Price” shall mean the cost of the Services as agreed between the Seller and the Customer subject to clause 4 of this agreement.

1.6 “The Agreement” is this entire document including any agreed appendix herein attached.


1.1 Any instructions received by the Seller from the Customer for the supply of Services and/or the Customer’s acceptance of Services supplied by the Seller shall constitute acceptance of the terms and conditions contained herein.

1.2 Where more than one Customer has entered into this agreement, the Customer’s shall be jointly and severally liable for all payments of the Price.

1.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Seller.

1.4 None of the Seller’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Seller in writing nor is the Seller bound by any such unauthorised statements.

1.5 The Customer undertakes to give the Seller not less than fourteen (14) days prior written notice of any proposed change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address facsimile number, or business practice).


2.1 The Services to be provided to the Customer by the Seller are to place an advertising content in the signage location specified in the Media Schedule and otherwise in the form agreed between the Seller and the Customer.


3.1 At the Seller’s sole discretion the Price shall be either;

a. As indicated on invoices provided by the Seller to the Customer in respect of Services supplied; or

b. As indicated on the Pricing Schedule provided by the Seller to the Customer in respect of Services supplied.

3.2 The Price is for the lease of the space and upload of content only unless otherwise stated in this agreement.

3.3 At the Seller’s sole discretion, a deposit may be required. The deposit amount or percentage of the Price will be stipulated at the time of order of the Services and shall become immediately due and payable.

3.4 If Customer has a Credit Account, it will be provided an invoice on a monthly basis via email for the value of Services provided during the preceding month and Customer must pay the amount invoiced in accordance with the terms of that invoice and, in any event, no later than 14 days from the date of that invoice or, in the event the Bookings are made by an MCRL-accredited Agency, no later than 45 days from the date of that invoice.

3.5 Time for payment for the Services shall be of the essence. The Customer shall pay to the Seller upon execution of the agreement the Seller’s expenses specified in the Pricing Schedule attached to this agreement.

3.6 The Customer agrees to finish and approve sign content and design at least 48 hours prior to campaign start date.

3.7 Payment of instalments will be made by credit card, or by direct deposit, or by any other method as agreed by the Seller.

3.8 The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Seller.


4. The failure of the Seller to deliver Services in the events that are beyond the Seller’s reasonable control shall not entitle either party to treat this agreement as repudiated.

4.1 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Service (or any of them) promptly or at all due to events that are beyond the Seller’s reasonable control.

4.2 The Service (digital billboards) will be operated in accordance with relevant permits or at peak periods as determined in the Seller’s sole discretion.

4.3 The Seller will not be responsible for any interruption to power supply due to circumstances beyond its control and the Customer will not be entitled to any abatement of the Price during any such period of interruption.

4.4 If the interruption to power supply is due to circumstances within Seller’s control and continues for more than 48 hours, The Seller may give a reduction in the Price payable for the period in which the Service was not illuminated calculated at 20% of the Price payable for the period.


5.1 If the Seller retains property in the Services nonetheless, all rush for the Services passes to the Customer on delivery.


6.1 The Customer hereby disclaims any right to rescind, or cancel the agreement or to sue for damages or to claim restitution arising out of any misrepresentation made to him by any servant or agent of the Seller and the Customer acknowledges that he buys the Services relying solely upon his own skill and judgement.

6.2 For avoidance of doubt, the Customer acknowledges that it has no contractual right to cancel or terminate this contract for convenience.


7.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.


8.1 Where the Seller has designed or drawn Services for the Customer, then the copyright in those designs and drawings shall remain vested in the Seller and shall only be used by the Customer at the Seller’s discretion. Customer retains copyrights to any material submitted to the Seller. By submitting material to the Seller, Customer grants the Seller a worldwide, non-exclusive, royalty-free licence to use, copy, modify, reproduce, publish, display and distribute by all media or distribution methods.

8.2 Where all material, including but not limited to images, designs, logos/trademarks or any other material from companies other than Customer’s have been supplied by the Customer, by or to the order of the Seller than the Customer warrants that the use of supplied material shall not infringe the rights of any third party.

8.3 Customer warrants that any supplied material shall not infringe any applicable advertising laws and regulations.


9.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% compounding per calendar month and shall accrue at such a rate after as well as before judgement.

9.2 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Seller from and against all the Seller’s costs and disbursements including on a solicitor and own client basis and in addition all the Seller’s nominee costs of collection.

9.3 Without prejudice to any other remedies the Seller may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Services to the Customer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Customer for any loss or damage the Customer suffers because the Seller exercised the rights under this clause.

9.4 If any account remains unpaid at the end of the second month after supply of the Services an immediate amount of the greater of $20 or 10% of the amount overdue shall be levied for administration fees which sum shall become immediately due and payable.

9.5 In the event that;

a. Any money payable to the Seller become overdue, or in the Seller’s opinion the Customer will be unable to meet its payment as they fall due; or

b. The Customer becomes insolvent, convenes a meeting with its creditors or proposed or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

c. A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer; then without prejudice to the Seller’s other remedies at law

i. The Seller shall be entitled to cancel all or any part of any order of the Customer which remains unperformed in addition to and without prejudice to any other remedies; and

ii. All amounts owing to the Seller shall, whether or not the Seller have completed performance under this agreement and whether or not the term of the agreement has expired, immediately become payable in addition to the interest payable under clause 11.1 hereof.


10.1 This agreement is subject to the Licence or Lease Agreement between the Seller and the owner of the premises in which the sign is to be placed (or other Licensor or Lessor under that agreement) remaining in effect. Upon termination of the Licence Agreement, by expiry or otherwise this agreement may be terminated by the Seller giving notice in writing to the Customer. The Seller will be released from performing any obligations under this agreement which may render the Seller in breach of the Licence or Lease Agreement or which are inconsistent with proper performance of the Seller’s obligations under the Licence or Lease Agreement.


11.1 Despite anything to the contrary contained herein or any other rights which the Seller may have howsoever;

a. Where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset payable under the terms and conditions. The Customer and/or the Guarantor acknowledge and agree that the Seller (or the Seller’s nominee) shall be entitles to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.

b. Should the Seller elect to proceed in any manner in accordance with this clause and/or its subclauses, the Customer and/or Guarantor shall indemnify the Seller from and against all the Seller’s costs and disbursements including legal costs on a solicitor and own client basis.

c. To give effect to the provisions of clause (13.1 (a) and (b)) inclusive hereof the Customer and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint the Seller or the Seller’s nominee as the Customer’s and/or the Guarantor’s true and lawful attorney to execute mortgages and charges (whether registrable or not) including such other terms and conditions as the Seller and/or the Seller’s nominee shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Customer and/or the Guarantor in any land, realty or asset in favour of the Seller and in the Customer’s and/or Guarantor’s name as may be necessary to secure the said Customer’s and/or Guarantor’s obligations and indebtedness to the Seller and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the Seller’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause.

12. PRIVACY ACT 1988

12.1 The Customer and/or the Guarantor/s agree for the Seller to obtain from the credit – reporting agency a credit report containing personal credit information about the Customer and Guarantor/s in relation to credit provided by the Seller.

12.2 The Customer and/or Guarantor/s agree that the Seller may exchange information about Customer and Guarantor/s with those credit providers named in the Application for credit account or names in a consumer credit report issues by a reporting agency for the following purposes:

a. To assess an application by Customer;

b. To notify other credit providers of a default by the Customer;

c. To exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and

d. To assess the credit worthiness of Customer and/or Guarantor/s.

12.3 The Customer consents to the Seller being given a consumer credit report to collect overdue payment on commercial credit (Section 20F Privacy Act 1988).

12.4 The Customer agrees that Personal Data provided may be used and retained by the Seller for the following purposes and for other purposes as shall be agreed between the Customer and Seller or required by law from time to time:

a. Provision of Services;

b. Marketing of Services by the Seller, its agents or distributors in relation to the Services;

c. Analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to provision of Services;

d. Processing of any payment instructions, direct debit facilities and/or credit facilities requested by Customer; and

e. Enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to Services.

12.5 The Seller may give, information about the Customer to a credit reporting agency for the following purposes:

a. To obtain a consumer credit report about the Customer; and or

b. Allow the credit reporting agency to create or maintain a credit information files containing information about the Customer.


13.1 In any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.


14.1 All Services supplied by the Seller are subject to the laws of Queensland and the Seller takes no responsibility for changes in the law which affect the Services supplied.

14.2 The Seller shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Seller of these terms and conditions.

14.3 In the event of any breach of this agreement by the Seller the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Prices of Services.

14.4 The Customer shall not set off against the Price amounts due from the Seller.

14.5 The Seller may transfer or assign or licence or sub-contract all or any part of its interests, rights and obligations under this agreement without the Customer’s consent.

14.6 The Seller reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the seller notifies the Customer of such change.

14.7 Neither party shall not be liable for any default due to any act of God, war, terrorism, strike, civil commotion, industrial action, fire, flood, drought, storm or other events beyond the reasonable control of either part.

Contact Us

Gipps Outdoor – Head Office

Level 1 ‘Cameron House’ 354 Brunswick Street, Fortitude Valley, QLD, 4006

(07) 3114 7417